SITE DATA
Location Description:
Located at the northwest corner of S Shields St and Clarendon Hills Dr
Sign Number:
495
North:
W Harmony Rd
South:
Clarendon Hills Dr
East:
Hinsdale Dr
West:
S Shields St
Zoning 1:
RL--Low Density Residential District
GENERAL
Res, Com, Ind or Mixed:
Residential
Subdivision Plat:
With Plat
Current Round:
4
DATES
Conceptual Review:
10/29/2018
Conceptual Review Meeting:
Yes
Neighborhood Meeting:
No
Project Submittal Date:
04/12/2019
Project Expiration Date:
04/28/2021
Hearing Date:
12/10/2020
Hearing Type:
Type 1
Decision Date:
12/23/2020
Decision:
Approved w/Conditions
Conditions of Approval:
A. The Alternative Compliance for LUC Section 3.2.1(D)(2) is approved.
B. The Homestead at Clarendon Hills PDP #190007 is approved for the Property, subject to the following conditions of approval:
(1) The privacy fence and retaining wall along the east side of Lot 8 will both be placed within Lot 8, and not within Tract A east of lot 8.
(2) The privacy fence shall be placed in front of the retaining wall, facing Tract A, and the fence shall not be more than six feet in maximum height from the finish grade of the east property line between Tract A and Lot 8.
(3) The proposed soft surface trail shall be replaced with a concrete sidewalk along the extent of Lot 8, a minimum of four feet (4’) in width, with the sidewalk located at least five feet away from east property line of Tract A.
(4) The applicant shall use its best efforts to reach a written agreement with the Brookwood HOA, the City of Fort Collins Parks Department, and FRCC (together, the “Ditch Owners”) regarding the installation of pedestrian bollards, an access gate, or other similar improvements designed to impose reasonable limitations on vehicular access to Eastern Portion Tract A (“Access Safety Improvements”) in order to ensure, to the extent practicable, that unauthorized vehicles do not access Eastern Portion Tract A.
(5) Short of obtaining a written agreement from the Ditch Owners regarding the Access Safety Improvements, the Applicant shall seek a judgment from a court of competent jurisdiction that the Access Safety Improvements (or other modifications to the existing ditch easement as may be proposed by the Applicant designed to minimize future pedestrian/vehicular conflicts) do not unreasonably interfere with the exercise of easement rights by the Ditch Owners in accordance with the Restatement Test articulated in Roaring Fork. Seeking a declaratory judgment is a familiar mechanism in easement disputes. Parties employ them to
determine the existence, scope, and location of easements. Roaring Fork, 36 P.3d at 1238; citing Bijou Irrigation Dist. v. Empire Club, 804 P.2d 175 (Colo.1991); Riddell v. Ewell, 929 P.2d 30 (Colo.App.1996).
PDP Approval Date:
12/23/2020
BUILDING AND SITE
Residential:
76303
Single Family Detached:
8
Gross Density:
2.4
Residential Area:
76303
Open/Other Area:
66462
Gross Area:
142765
Residential Area Acres:
1.7517
Open/Other Area Acres:
1.5258
Gross Area Acres:
3.2774