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HomeMy WebLinkAboutLINDIMER SUBDIVISION PRELIMINARY - 26 93 - REPORTS - APPEAL TO CITY COUNCIL (3)■�� iksb@411■II■■. ■■■■��Mi J-7 Mi Lindimer Appeal to City Council July 21, 1993 Page 4 miscommunication between Mr. Linder and the consulting engineer, this agreement on a workable design had been arrived at without Mr. Linder's knowledge until sometime after June 29, 1993. Regardless of who knew what when, the fact is that the design of the dual sewer system, as proposed by the developer's consulting engineer, and as approved by the City of Fort Collins Water and Wastewater Utility, can be switched over in the future without front yard excavation. This was the information presented to the Board. Therefore, the information presented to the Board by the developer's consulting engineer was true, and that the Board did not consider evidence relevant to its finding which was substantially false or grossly misleading. In conclusion, in the case of Lindimer Subdivision, Staff believes that the Planning and Zoning Board did not fail to properly interpret and apply relevant provisions of the Code and Charter and did not consider evidence which was substantially false or grossly misleading. Lindimer Appeal to City Council July 21, 1993 Page 3 Horsetooth Stables did not constitute a threat to health, safety and welfare to the general public or users of the Horsetooth Stables facility. It is Staff's belief that the Planning and Zoning Board did not fail to properly interpret and apply relevant provisions of the Code and Charter. 2. Allegation Under Section 2-48 (3) c: The appellants allege that the Board considered evidence relevant to its findings which was substantially false or grossly misleading regarding the construction of sanitary sewer service for the subdivision. The site will be served by two sanitary sewers. First, immediately, the site will be served by an 8 inch sewer line that will run northwest into an existing trunk with available capacity. Second, in the future at an unspecified date, the site will be served an 18 inch sewer main that is master planned to run to the southeast. The issue is how will the affected lots change over from one sewer line to the other in the future. At the public hearing, the Board expressed a concern that switching over to the new, larger sewer line would possibly require front. yard excavation of the affected lots. The developer's consulting engineer explained that the system was designed so that the switch could be made where the 8 inch line ties into the future 18 inch line thereby avoiding any front yard excavation. The consulting engineer further explained that this design was approved by the City of Fort Collins Water and Wastewater Utility. The appellants state in their letter of appeal that: "On June 29, 1993 (the day after the P & Z meeting) Mr. Linder stated to me (appellants) that the engineer (developer's consulting engineer) had been in error at the meeting, and that future excavation would be required to take the temporary sewer out of service." Therefore, the appellants allege that the Board received evidence which was substantially false or grossly misleading. Staff Response: As it turns out, this statement by Mr. Linder, on June 29, 1993 was incorrect. Without Mr. Linder's knowledge, the developer's consulting engineer and the City of Fort Collins Water and Wastewater Utility had agreed on a workable design that allowed the switch over to take place without front yard excavation. Due to Lindimer Appeal to City Council July 21, 1993 Page 2 1. Allegation Under Section 2-48 (2)_ The appellants allege that the P & Z Board did not properly interpret and apply the Subdivision Regulations. By approving Lindimer Subdivision, the Board failed to protect the health, safety and welfare of the public. The design of the Lindimer Subdivision fails to create a healthy environment for present as well as future inhabitants. In particular, the proposed setbacks of the future homes from the property line that divides the Lindimer Subdivision from Horsetooth Stables is too close and represents a clear danger to users of the Horsetooth Stables facility. In addition, the future resident of Lindimer Subdivision, whose side yard setback could be five feet from this property line, could be subject to sounds, odors, and the generally undesirable conditions associated with livestock. Staff Response• The Lindimer Subdivision proposes 15 single family lots and meets all the bulk and area requirements of the R-L-P, Low Density Planned Residential Zone District. The land use and the layout conform to all zoning, subdivision, and design requirements of the City Code. The issue, therefore, becomes one of an interpretation of health, safety, and welfare as it applies to the relationship of between the existing and proposed land uses. The Lindimer Subdivision proposes three lots which share the property line with Horsetooth Stables. Two of these lots abut Horsetooth Stables with rear lot lines while one lot adjoins with a side lot line. In evaluating this subdivision request, Staff found that the residential lots, as proposed by the Lindimer Subdivision, do not pose a threat to health, safety and welfare, as alleged. The developer has agreed to construct a six foot solid wood privacy fence, located two feet inside the Lindimer side of the shared property line, which will prevent direct interaction with the livestock. In addition, the developer has agreed to plant a row of deciduous shade trees along the total combined length of the two rear yards and one side yard to further provide separation of the two uses. Preliminary discussions also include the side yard area to be devoted to the side wall of the garage, rather than a living space or active yard area, further reducing the intensity of side yard area. Staff concluded, therefore, that with the precautions conceded by the developer, that the interaction between three single family homes (two rear yards and one side yard) and the pasture area of City of Fort Collins Commu ,y Planning and Environmental -rvices Planning Department V T V @ -T-.\Jo i Y_ TO: Mayor and Members of City Council FROM: Ted Shepard, nior Planner THRU: Greg Byr Director C.P.E.S Tom Planning Dire; or DATE: July 21, 1993 1 RE: Lindimer Preliminary Subdivision - Appeal to City Council The purpose of this memorandum is to respond to the appeal from Charlie Tidd and Suzanne Bassinger regarding the June 28, 1993 decision of the Planning and Zoning Board granting Preliminary approval for Lindimer Subdivision. Section 2-48 of the City Code states: "Except for appeals by members of the City Council, for which no grounds need be stated, the permissible grounds for appeal shall be limited to allegations that the board or commission committed one or more of the following errors: (1) Abuse of discretion, in that its decision was arbitrary and without the support of competent evidence in the record; (2) Failure to properly interpret and apply relevant provisions of the Code and Charter; (3) Failure to conduct a fair hearing in that: a. The board or commission exceeded its authority or jurisdiction as contained in the Code and Charter; b. The board or commission substantially ignored its previously established rules of procedure; C. The board or commission considered evidence relevant to its finding which was substantially false or grossly misleading; d. The board or commission improperly failed to receive all relevant evidence offered by the appellant. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750 V Ted Shepard August 3, 1993 AGENDA ITEM SUMMARY SUBJECT: Consideration of an Appeal of the June 28, 1993 Decision of the Planning and Zoning Board Approving a Residential Development Project Known as the Lindimer Preliminary Subdivision. RECOMMENDATION: Council should consider the appeals based upon the record of the relevant provisions of the Code and Charter, and after consideration, either: (1) remand the matter to the Planning and Zoning Board or (2) uphold, overturn, or modify the Board's decision. EXECUTIVE SUMMARY: On June 28, 1993, the Planning and Zoning Board approved the Lindimer Preliminary Subdivision. This subdivision consists of 15 single family lots located on 4.3 acres located at the east terminus of Birmingham Drive and adjacent to Rossborough Third Filing. The site is located approximately 665 feet north of West Horsetooth Road. On July 12, 1993, an appeal of the Board's decision was received by the City Clerk's office. The appeal alleges that: The P & Z Board did not properly interpret and apply relevant laws; and The P & Z Board failed to hold a fair hearing by considering substantially false or grossly misleading evidence. The attached documents include the appeal, the Planning Department response to the appeal and the information packet that was received by the Planning and Zoning Board for the June 28, 1993 meeting. The procedures for deciding the appeal is described in Chapter 2, Article II, Division 3 of the City Code.