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HomeMy WebLinkAbout609 CITY PARK AVENUE - PDP - 7-99 - DECISION - FINDINGS, CONCLUSIONS & DECISIONFILE No. 942 09r22 '99 09:06 ID:COOPER INVESTMENTS 303 290 8260 1. The 609 Park Avenue Subdivision is located in the RL District. The subdivision of the metes and bounds lot into a platted lot and the proposed land use of single-family detached dwelling is permitted in the RL zone district subject to administrative review. 2. The Project Development Plan complies with all applicable district standards of Article 2 of the Land Use Code. 3. The 609 Subdivision complies with all applicable General Development Standards contained in Article 3 of the Land Use Code, specifically 3.3.1 Plat Standards. Decision Based upon the findings and conclusions, the applicant's request for approval of the subdivision of 609 Park avenue , Project Development Plan #7-99 is approved with the following conditions. 1. The applicant shall comply with the plat recordation requirements of Division 3.3.1 2. The applicant shall comply with all notes and conditions set forth on the applicant's submittal sheets 1 through 2 (undated) and prepared by Stewart and Associates. Dated this 20th day of September, 1999 per authority granted by Section 1.4.9 (E) and 2.1 of the Land Use Code. Steven Klausing, Hearing Offi W FILE No. 942 09/22 '99 09:06 ID:CODPER INVESTMENTS 303 290 8260 PAGE 5 materials which the hearing officer finds applicable to the following specific standards and which meet these standards. on 3.3.1 General Provisions The plat may only be recorded after approval by the Director of Planning with such approval evidenced on writing upon the plat and signed by the City Clerk. The Hearing Officer will condition approval of the subdivision upon compliance with this code requirement. This division also requires that no building permit or certificate of occupancy shall be issued for construction of any new building or no act which changes the use of any building shall be permitted until the plat Is filed and recorded with the city. The applicant has not proposed such activities and subsequent plans will be subject to compliance with the code. sion 3.3.1 (B) Lots This Division requires that lots be at least 6000 square feet in size, has direct access to city streets and that the side lot lines are at substantially right angles or radial to the street lines. The Hearing Officer finds that the Applicant has complied with each of these standard. Because this lot has been improved and no changes are proposed in this application the Hearing Officer finds that the general layout of streets, utilities, drainage facilities, roads and driveways is acceptable. sion 3.3.1 (M Public Sites. Reservations and Dedications. The applicant must dedicate required public easements for streets and utilities. The evidence is that the easements for streets have already been dedicated and that any additional necessary easements for utilities will be dedicated with this plat. Reservations for flood control, open space and other municipal needs were not identified nor requested by the city and therefore will not be required at this time. FINDINGS OF FACT/CONCLUSIONS After reviewing the staff report, the 609 City Park Avenue Subdivision plan, the submittal and considering all the evidence at the public hearing, the Hearing Officer makes the following findings of fact and conclusions: 4 FILE No. 942 09/22 '99 09:05 ID:CDOPER INVESTMENTS 303 290 8260 PAGE 4 The evidence is that the surrounding zoning and land uses are: N: RL; Existing single family residential (unplatted) S: RL; Existing single family residential (Miller Bros. 2nd Subdivision E: RL; Existing single family residential (unplatted) W: RL; Existing single family residential (unplatted) The site was annexed as part of the Consolidated Area Addition Annexation in May 1952. It has never been platted. t� ts- The Hearing Officer finds that this is a request for approval of a Project Development Plan/Plat, that review as an Administrative Type 1 review is appropriate and that the zoning for the site is RL- Low Density Residential. The Hearing Officer finds that the applicant has submitted a request for the creation of a platted lot of approximately 14,805 square feet, there is no accompanying development plan. The Hearing Officer finds that the use will not change as a result of the platting and that this application is an appropriate matter for administrative review_ The Hearing Officer finds that the submittal complies with the permitted uses within the RL District, that the request complies with the District Standards contained in Section 4.3 (RL — Residential Low Density) and Article 3 of the Land Use Code (General Development Standards) and in particular 3.3.1 (A) and (B). Land Uses Division 4.3 Low Densily Residential The project is located in the RL District. The applicant has not proposed to change the use of the property nor undertake development activity. The Hearing Officer finds that the land use is permitted. Article 3 of the Land Use Code — General Development Standards The application must comply with all applicable Article 3 General Development Standards. specifically this request must comply with Division 3.3.1. Evidence was presented at the hearing and was included within the applicant's submittal C FILE No. 942 09/22 '99 09:05 ID:COOPER INVESTMENTS 303 290 8260 PAGE 3 Zoning District: RL- Low Density Residential Zoning District Notice of Public Hearing and Neighborhood Meeting: The planning staff representative testified that proper notice was provided. There is no requirement for a neighborhood meeting and non was held. Public Hearing The Hearing Officer, pursuant to The Fort Collins Land Use Code, opened the hearing at 8:30 p.m. on September 8, 1999 in the conference room of the City of Fort Collins Planning Department located at 281 North College Ave. Fort Collins, CO. The Hearing Officer admitted the staff report and the submittals of the applicant into the record. Hearing Testimony Written Comments and Other Evidence The following individuals testified at the hearing From the City of Fort Collins: Steve Olt City Planner For the Agglicant: R. Kent Glover 1005 Country Club Rd. Fort Collins, CO Testimony was received from two citizens during the public comment portion of the hearing. Background The applicant's submittal materials and the staff report are a part of the record and are incorporated herein by reference. The Hearing Officer takes official notice of the drawings and visual aids used during the hearing. `j FILE No. 942 09/22 '99 09:05 ID:COOPER INVESTMENTS 303 290 8260 WN CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION. Hearing Officer: Steven Klausing, Hearing Officer Administrative, Type 1 Project Name: 609 City Park Avenue Subdivision Project Development Plan Case Number: #7-99 Owners Robert Glover 2101 Lindermeier Road Fort Collins, CO 80524 Applicaht: Stewart & Associates c/o Dick Rutherford 103 South Meldrum St. Fort Collins, CO 80521 PROJECT DESCRIPTION: The applicant has submitted a request to create a one lot subdivision. The property currently has a metes and bounds legal description. One single family structure with outbuildings currently exists on the site. The site. is located at the northwest corner of City Park Avenue and Crestmore Place. The current zoning is RL- Low Density Residential Zoning District. Summary of Recommendation and Decision Staff Recommendation: Approval Hearing Officer RecMmendation: Approval with Conditions