Loading...
HomeMy WebLinkAboutSOUTHGLEN PUD, 2ND FILING REPLAT - MAJOR AMENDMENT - 31-99A - DECISION - FINDINGS, CONCLUSIONS & DECISIONa e � - MA ,f- I Lf q31(�) !i 4 -700 _ JLlr W. 46— R olv vtfoj le& lA �, ,N 3�� 4 e_ox) E.C. z2/— 533z - South Glen 20d Major Amendment Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 4 of 4 Landscaping and Tree Protection. The submitted landscape plan identifies street trees, of a type and planted within locations, complying with the landscaping standards and significant existing trees will be maintained. There was no evidence introduced at the hearing to contradict the Staff Report. Plat Standards All applicable requirements of the Plat Standards found in Section 3.3.1 are met with the proposed subdivision. Proposed lots exceed the minimum 6,000 square area and all necessary easements to address drainage, utilities and public access needs have been dedicated on the subdivision plat. SUMMARY OF CONCLUSIONS A. The South Glen, Second Filing Replat, Major Amendment is subject to administrative review and the requirements of the Land Use Code (LUC). B. The South Glen, Second Filing Replat, Major Amendment complies with all applicable district standards of Section 4.4 of the Land Use Code, (LMN) low density mixed use neighborhood zone district. C. The South Glen, Second Filing Replat, Major Amendment complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The South Glen, Second Filing Replat, Major Amendment #31-99A, is hereby approved by the Hearing Officer subject to the following condition: The Applicant shall revise the prior to recordation of the South Glen, Second Filing Replat reflecting the following change: Denote the language "Drainage, Utility, and Public Access Easement" for Tract "A". Dated this 27th day of June 2003, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Planning Director South Glen 2ntl Major Amendment Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 3 of 4 FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows N: LMN — Single family and multi -family residential (South Glen PUD, fourth and fifth filings) E: RL — Single family residential (South Glen Subdivision, First Filing) S: LMN — Single family residential (South Glen PUD, Fourth Filing) W: RL — Single family residential (South Glen PUD, Second Filing) The property was annexed into the City as part of the Horsetooth-Harmony Annexation in July 1978. The South Glen PUD, Second Filing — Major Amendment, to eliminate the existing swimming pool at the east end of the filing, was denied by the Planning and Zoning Board on December 16, 1999. The decision was appealed to the City Council and overturned on April 4, 2000, thereby approving the request. With the applicant's request to eliminate the swimming pool facility was an expressed interest to replace it with three new single family houses that would front on Albion Way. It was anticipated that a Project Development Plan for the three proposed lots would be submitted at a later date. 2. Compliance with Article 4 and the LMN — Medium Density Mixed Use Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the LMN zone district. The Staff Report summarizes the PDP's compliance with these standards and no specific evidence was presented to contradict or otherwise refute the compliance with Article 4 or the LMN District Standards. In particular, the proposed single family residential use is permitted within the LMN zone district. Also, the proposed net residential density of 5.9 dwelling units per acre exceeds the minimum net density of 5 dwelling units per acre required in the zoning district. There was no direct testimony or evidence presented at the public hearing to contradict the Project's compliance with these standards. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Major Amendment complies with all applicable sections of Article 3 of the LUC as explained below. South Glen 2nd Major Amendment Administrative Hearing Findings, Conclusions, and Decision June 26, 2003 Page 2 of 4 properly posted, legal notices mailed and notice published. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:45 p.m. on June 26, 2003 in Conference Rooms C and D, 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 public 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: Steve Olt, City Planner Susan Joy, Development Review Engineer From the Applicant: Kent Bruxvoort, Jim Sell Design Ed Stoner. South Glen Apartments, LLC From the Public: Ron Quinn, 312 Mapleton Court Sandy Hansen, 324 Mapleton Court Written Comments: None. CommL -Ay Planning and Environmenta_ 2rvices Current Planning CITY OF FORT COLLINS City of Fort Collins ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: June 26, 2003 PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: South Glen PUD, 2"d Filing, Major Amendment #31-99A Jim Sell Design, Inc. c/o Kent Bruxvoort 153 West Mountain Avenue Fort Collins, CO 80524 South Glen Apartments, LLC c/o Ed Stoner 5 Old Town Square, Suite 216 Fort Collins, CO 80524 Cameron Gloss Current Planning Director The Applicant has submitted a Major Amendment to a portion of Tract "C" of the South Glen PUD, Second Filing (referred to herein as the "Project" or the "PDP") replatting one lot into three lots. SUMMARY OF HEARING OFFICER DECISION: Approval with Conditions ZONING DISTRICT: LMN — Low Density Mixed Use Neighborhood District. STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020