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HomeMy WebLinkAboutSWIFT ADDITION TO FOSSIL LAKE P.U.D - REPLAT - 33-01K - DECISION - FINDINGS, CONCLUSIONS & DECISIONSwift Addition to Fossil Lake rUD 151 Replat Administrative Hearing Findings, Conclusions, and Decision November 12, 2003 Page 4 of 4 SUMMARY OF CONCLUSIONS A. The Swift Addition to Fossil Lake P.U.D. First Replat is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Swift Addition to Fossil Lake P.U.D. First Replat satisfies the development standards of the LMN zoning district. C. The Swift Addition to Fossil Lake P.U.D. First Replat complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. DECISION The Swift Addition to Fossil Lake P.U.D. First Replat, #33-01K, is hereby approved by the Hearing Officer without condition. Dated this 13th day of November 2003, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss ; Current Plan ni Director Swift Addition to Fossil Lake NUD 1st Replat Administrative Hearing Findings, Conclusions, and Decision November 12, 2003 Page 3 of 4 FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows: N: FA-1 Farming District in Larimer County - existing agricultural. LMN — future neighborhood park, Zach Elementary School, Kechter Road, Observatory Village neighborhood. E: FA-1 Farming District in Larimer County — existing agricultural. S: FA-1 Farming District in Larimer County — existing agricultural, Fossil Creek Reservoir, W: LMN — Fossil Lake P.U.D. 2"d Filing neighborhood (under construction). The property is located within the Fort Collins Urban Growth Management Area (UGMA) and in the Fossil Creek Reservoir Planning Area. The property was annexed as part of the Swift Addition to the Fossil Lake PUD Annexation in April of 2003. 2. Compliance with Article 4 and the LMN Zoning District Standards: The development is consistent with Land Use Standards defined by Section 4.4(D), in that the development density remains compliant with the range permitted within the zone district and the mix of housing types is unaffected by the replat. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [B] — Lots The proposed lot complies with the design standards in that the lot provides vehicular access to a public street, and the side lot lines are at substantially right angles or radial to the street. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat includes creation of outlots that are also drainage, access and irrigation easements necessary to serve the subject property. All outlots not dedicated to the City of Fort Collins will be owned and maintained by the Homeowner's Association. Swift Addition to Fossil Lake NUD 151 Replat Administrative Hearing Findings, Conclusions, and Decision November 12, 2003 Page 2 of 4 The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 2:00 p.m. on November 12, 2003 in the Maple Tree Conference Room at 281 N. College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning. Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and (3) a tape recording of testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Troy Jones, City Planner From the Applicant: Stan Everitt, Owner From the Public: None Written Comments: None Comn City Planning and Environment. jervices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: November 12, 2003 PROJECT NAME: CASE NUMBER: OWNER/APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: Swift Addition to Fossil Lake P.U.D., First Replat #33-01 K Stan Everitt FL Swift LLC 3030 S. College Ave. Fort Collins, CO 80525 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat lots 1 through 20 of the approved Swift Addition to Fossil Lake P.U.D. which will shorten the depth of the existing lots 1 through 10 and 12 through 20, in order to create an outlot along those back yards for the purpose of locating the planned stormwater swale. This will allow property that is owned and maintained as a common area, rather than having such a swale transverse back yards. The project site is along the northern edge of the Swift Addition to the Fossil Lake P.U.D., and is located north of Wild View Drive and Snowy Plover Court. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: LMN- Low Density Mixed Use Neighborhood STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020