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HomeMy WebLinkAboutELBRADER SUBDIVISION - PDP/FDP - 21-01 - DECISION - FINDINGS, CONCLUSIONS & DECISIONElbrader Subdivision PDP, File #21-01 Administrative Hearing October 11, 2001 Page 5 of 5 B. The Elbrader Subdivision PDP conforms to standards of the R-L zoning district. C. The Elbrader Subdivision PDP conforms to the applicable plat standards as put forth in the Land Use Code. D. Future development of the property will be required to meet Land Use Code Division 2.7 BUILDING PERMITS. DECISION Based on the findings and conclusions, the request for the Elbrader Subdivision Project Development Plan, File #21-01, is approved. Dated this 18th day of October 2001, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Planni Director Elbrader Subdivision PDP, File #21-01 Administrative Hearing October 11, 2001 Page 4 of 5 2) The general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed development have been previously established in the surrounding single family residential neighborhoods. C. The subdivision plat is in compliance with Section 3.3.1(C) Public Sites, Reservations and Dedications in that: 1) An applicant shall be required to dedicate rights -of way for public streets, drainage easements and utility easements as needed to serve the area being platted. The right-of-way for Cedarwood Drive was previously dedicated by separate documents and the drainage and utility easements necessary to serve this lot will be dedicated with the Elbrader Subdivision plat, if approved and filed. 2) Reservation of sites for flood control, open space and other municipal uses shall be made in accordance with the requirements of this Land Use Code. This criteria is not applicable to the Elbrader Subdivision request. 5. Findings of Fact: In reviewing the request for the Elbrader Subdivision PDP, Staff makes the following findings of fact: A. The Elbrader Subdivision contains a permitted use in the RL - Low Density Residential Zoning District. B. The Elbrader Subdivision meets the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan located in Article 2 - Administration. C. The Elbrader Subdivision meets the plat requirements located in Section 3.3.1 - Plat Standards located in Article 3 - General Development Standards. FINDINGS AND CONCLUSIONS After reviewing the staff report and the record of the public hearing, the Hearing Officer makes the following findings and conclusions: A. The Elbrader Subdivision PDP is subject to administrative review and the requirements of the Land Use Code (LUC). Elbrader Subdivision PDP, File #21-01 Administrative Hearing October 11, 2001 Page 3 of 5 This property was annexed into the City as part of the Overland Trail Annexation in October, 1970. It has not previously been subdivided. 2. Purpose of the Subdivision: The purpose for the platting of the Elbrader Subdivision is to create a legally subdivided lot on a property that presently has a metes & bounds legal description. The one -lot subdivision plat will create a lot that is 14,802 square feet in size. Staff has determined that there is no detriment to the development plan associated with the platting of one lot. 3. Article 2 - Administration: The Elbrader Subdivision, Project Development Plan (PDP) complies with the applicable requirements of the LUC, specifically the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Section 2.4 - Project Development Plan located in Article 2 - Administration. 4. Article 3 - General Development Standards: The Elbrader Subdivision complies with the applicable requirements of the LUC, specifically the plat requirements located in Section 3.3.1 - Plat Standards located in Article 3 - General Development Standards. A. The subdivision plat is in compliance with Section 3.3.1(A) General Provisions in that: 1) The subdivision plat will be filed and recorded only after having been approved by the Director of Planning, with such approval evidenced in writing on the plat and signed by the City Clerk. 2) No building permit or certificate of occupancy shall be issued for construction of any new principal building or no act which changes the use of any building shall be permitted until the subdivision plat is filed and recorded in the City of Fort Collins. B. The subdivision plat is in compliance with Section 3.3.1(B) Lots in that: 1) The lot is at least 6,000 square feet in size, as set forth in Division 4.3 RL - Low Density Residential Zoning District, the lot has direct vehicular access to a public street (Cedarwood Drive), and the side lot lines are substantially at right angles or radial to the street lines. Elbrader Subdivision PDP, File #21-01 Administrative Hearing October 11, 2001 Page 2 of 5 NOTICE OF PUBLIC HEARING: Notice of public hearing was made on September 27, 2001 by mailing to property owners within 500 feet of the subject property. The public hearing was advertised in the Coloradoan. PUBLIC HEARING After reviewing the Staff Report and recommendation, a public hearing was held on the subject application at 3:00 PM on October 11, 2001. The hearing was held in Conference Room A at 281 North College, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The following is a list of those who attended the meeting: From the City: Steve Olt, City Planner From the Applicant: Karen Elbrader, Property Owner From the Community: None Written Comments: None COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: RL; existing single family residential S: RL; existing single family residential W: RL; existing single family residential E: RL; existing single family residential City of Fort Collins Comma 'y Planning and Environmental Current Planning rvices CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: PROJECT NAME: CASE NUMBER: Cameron Gloss Current Planning Director Elbrader Subdivision Project Development Plan #21-01 APPLICANT: Ayres Associates c/o Brian Nelson 3665 JFK Parkway, Bldg. 2, Suite 200 Fort Collins, Colorado 80525 OWNER: Roger L. & Karen A. Elbrader 1518 Wildwood Court Fort Collins, CO. 80526 PROJECT DESCRIPTION: This is a request to create a 1-lot subdivision plat for a property that presently has a metes & bounds legal description. This is currently a vacant property that is located on the west side of Cedarwood Drive between West Prospect Road and West Lake Street. SUMMARY OF RECOMMENDATION AND DECISION: STAFF RECOMMENDATION: Approval. HEARING OFFICER DECISION: Approval. ZONING DISTRICT: RL - Low Density Residential 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020