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HomeMy WebLinkAboutPROVINCETOWNE P.U.D., FILING NO. 2, FIRST REPLAT - PDP - 73-82W - DECISION - CORRESPONDENCE-HEARINGSTD 3L ir Provincetown PUD, Filing No: 2 First Replat Administrative Hearing Findings, Conclusions, and Decision April 24, 2003 Page 4 of 4 SUMMARY OF CONCLUSIONS A. The Provincetown PUD, Filing No. 2, First Replat, Project Development Plan, is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Provincetown PUD, Filing No. 2, First Replat, Project Development Plan, satisfies the development standards of the LMN zoning district. C. The Provincetown PUD, Filing No. 2, First Replat, Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Provincetown PUD, Filing No. 2, First Replat„ Project Development Plan, Project Development Plan #73-82W, is hereby approved by the Hearing Officer without condition. Dated this 25th day of April 2003, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron GI 'ss Current Planning Director Provincetown PUD, Filing Nu. 2 First Replat Administrative Hearing Findings, Conclusions, and Decision April 24, 2003 Page 3 of 4 FACTS AND FINDINGS The surrounding zoning and land uses are as follows: The zoning and land uses that surround the Provincetown PUD, Filing No. 2, First Replat, are as follows: N: E — Transfort Facility S: LMN — Single familiy residential (Provincetown PUD, Filing 2) W: R2, FA-1 (Larimer County) — Undeveloped E: LMN — Single familiy residential (Provincetown PUD, Filing 2) This property was annexed into the City as part of the Halcyon Annexation in December 1980. The property was originally subdivided as Condo Blocks 1-3, the multi -family portion of the Provincetown PUD, Filing No. 2 final plan that was approved by the Planning and Zoning Board in January, 2001 for 141 residential dwelling units on 14 acres. 1. Compliance with Article 4 and the LMN Zoning District Standards: There are no Land Use or Development Standards within the LMN Zoning District that will be affected by the proposed replat. The Staff Report accurately summarizes that no specific standards apply and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning Article 4 or the LMN District Standards. 2. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3 particularly the plat standards of Section 3.3.1. Easements dedicated on the previous subdivision plat governing this property are not adversely affected by this replat. Those portions of the utility, drainage and access easements remaining after the vacation process, approved under this application, are configured in a manner that maintains their respective functions. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to other refute the compliance with Article 3. Provincetown PUD, Filing Nu. 2 First Replat Administrative Hearing Findings, Conclusions, and Decision April 24, 2003 Page 2 of 4 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:30 p.m. on April 24, 2003 in Conference Rooms C and D at 281 North 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; (3) a sign up sheet of persons attending the hearing; and (4) 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: Steve Olt, City Planner From the Applicant: Doug Nicoll, KB Home From the Public: None Written Comments: None Comma-aty Planning and Environments. ervices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: April 24, 2003 PROJECT NAME: CASE NUMBER: APPLICANT: HEARING OFFICER: Provincetown PUD, Filing No. 2, 1st Replat, Project Development Plan #73-83W KB Home Colorado Inc. 8401 East Belleview, Suite 200 Denver, Colorado 80237 Manhard Consulting, LTD c/o Karl Chesley, P.L.S. Littleton, CO 80124 Cameron Gloss Current Planning Director PROJECT DESCRIPTION: Request to replat Condo Blocks 1-3, the multi -family portion of the Provincetown PUD, Filing No. 2, for the primary purpose of vacating utility, drainage and access easements, as necessary, to accommodate porch stoops and building overhangs in numerous locations. The property is at the southwest corner of Trilby Road and Autumn Ridge Drive. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: LMN — Low Density Mixed Use Neighborhood STAFF RECOMMENDATION: Approval 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020