Planning Commission Staff Report

Transcription

1 Development Services Current Planning 410 E 5 th Street Loveland, CO (970) Fax (970) TDD (970) Planning Commission Staff eport February 27, 2017 Agenda #: Consent Agenda - 1 Title: Applicant: equest: Location: Existing Zoning: Proposed Use: Staff Planner: Anderson Farm 12 th Subdivision Vacation (PZ # ) Ken Merritt Vacation of access, drainage and utility easements Northwest corner of N. Denver Avenue and E. 1 st Street I Developing Industrial Easements are encumbering the proposed development. David Eisenbraun Staff ecommendation Subject to additional evidence presented at the public hearing, City staff recommends the following motion: ecommended Motions: 1. Move to make the findings listed in Section VIII of the Planning Commission staff report dated February 27, 2017, and, based on those findings, recommend that Planning Commission approve the requested vacation of the access, drainage and utility easements. Summary of Analysis This is a public hearing to consider a request for vacating emergency access, utility, and drainage easements within Lot 1, Block 1, of the Anderson Farm Fourth Subdivision. The vacation of this easement is necessary because it unnecessarily encumbers future development and is no longer needed. More specifically, the easement vacation will allow for the development of a planned drive-thru coffee shop, giving the applicant the necessary area to build the associated structure. All of the functions of this original 2007 easement have been reestablished with a newly platted Access, Emergency Access, Landscape, Drainage and Utility Easement that was approved with the Anderson Farm Twelfth Subdivision. The portion of the easement proposed for vacation does not include any public utilities and will not impact any surrounding lots or users. There have been no key issues identified with this request; and, City staff has no objection to the vacation. PC Hearing February 27, 2017 Page 1

2 I. SUMMAY The easement vacation request is associated with the proposed Freedom Drive-Thru Coffee Shop project. The coffee shop has been approved as a special review use and will be constructed along the future private street known as Peridot Avenue (Lot 1, Block 1 Anderson Farm Fourth Subdivision). The project includes a new 250SF coffee kiosk, drive thru lane off of Peridot Ave, and additional landscaping. A vacation of this easement is requested since the existing access, utility and drainage easements recorded on the original Anderson Farm Fourth Subdivision have all been reestablished on the Anderson Farm twelfth Subdivision in ways that accommodate the proposed coffee shop and will not encumber access, function, or future development. Due to it being vacant land, there is no impact to public use. There are no existing utilities within the easements. Agencies outside of the City which provide utility services including Century Link, Comcast, and Xcel Energy were referred this vacation request. No concerns have been voiced by these agencies. II. ATTACHMENTS 1. Vacation of Easements Legal Description and Exhibit 2. Anderson Farm Twelfth Subdivision III. VICINITY MAP PC Hearing February 27,

3 IV. SITE DATA ACEAGE OF SITE:... 47,464 SQ. FEET (AEA OF EASEMENT TO BE VACATED) POPETY ZONING / USE... I DEVELOPING INDUSTIAL EXISTING ZONING / USE - NOTH... I DEVELOPING INDUSTIAL /VACANT EXISTING ZONING / USE - SOUTH... PUD P-86/ESIDENTIAL EXISTING ZONING / USE - EAST... I DEVELOPING INDUSTIAL /VACANT EXISTING ZONING / USE - WEST... PUD P-54/ESIDENTIAL V. KEY ISSUES There are no key issues regarding this vacation request. All City Divisions and all applicable outside City utility providers have no objection to the vacation. VI. BACKGOUND The site was recently platted to provide for a shared access style development. All needed easements have been created to better serve the property being developed, including the adjacent vacant parcel to the north and east. These adjacent parcels are slated for development and will not be effected by this vacation. VII. STAFF, APPLICANT, AND NEIGHBOHOOD INTEACTION A. Notification: Confirmation was received from Ken Merritt, certifying that notice was posted in a prominent location (i.e. open land facing E 1 st Street) on February 13 th, In addition, a notice was published in the eporter Herald on February 11 th, B. Neighborhood esponse: A neighborhood meeting is not required in conjunction with an application to vacate easements. At least 50% of owners abutting the easement must be party to the application. Given these requirements and the configuration of the property, this requirement was met. VIII. FINDINGS AND ANALYSIS Chapter 16.36, Section B 1. That no land adjoining any right-of-way to be vacated is left without an established public or private right-of-way or easement connecting said land with another reestablished public or private right-of-way: Since there is no right-of-way being dedicated, this finding is not applicable. 2. That the right-of-way or easement to be vacated is no longer necessary for the public use and convenience. The easement proposed to be vacated is located on vacant land that will be developed as a private street. All necessary easements have been reestablished through the Anderson Farm 12 th Sub. PC Hearing February 27,

4 Development eview Team Analysis Current Planning The portions of easement to be vacated currently serve no purpose as all new necessary easements have been reestablished with the Anderson Farm 12 th Subdivision. Transportation Development eview The vacation of access, utility and drainage easements will not negatively impact access to the City s public street network. New easements have been dedicated within the Anderson Farm Subdivision to serve the affected properties. Fire Fire: Staff believes that this finding can be met, due to the following: The vacation of the previously recorded easement will not negatively impact the development or surrounding ones, as the new plat establishes the Emergency Access Easement as needed. Water/Wastewater The subject area to be vacated is the City s current service area for both water and wastewater. There are no existing water mains and/or wastewater mains in the area to be vacated. The Department finds that: The existing easement to be vacated does not impact the existing water and wastewater utility configuration within and adjacent to this development. The existing easement to be vacated is no longer necessary for public use and convenience. Stormwater Staff believes that this finding can be met, due to the following: The existing easement is not used to convey Stormwater and thus is not necessary for the public use and conveyance of Stormwater. Power The subject area to be vacated is the City s current service area for power. There are no existing power lines in the area to be vacated. The existing easement to be vacated does not negatively impact the existing power utility configuration within and adjacent to this development since the new plat establishes the public utility easement as needed. IX. ECOMMENDED CONDITIONS No conditions are being recommended by City staff in regards to this vacation request. PC Hearing February 27,

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6 LEGAL DESCIPTION UTILITY, DAINAGE AND EMEGENCY ACCESS EASEMENT EC. NO LOT 1, BLOCK 1, ANDESON FAM FOUTH SUBDIVISION A PACEL OF LAND BEING A PAT OF LOT 1, BLOCK 1, ANDESON FAM FOUTH SUBDIVISION WHICH IS LOCATED IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 05 NOTH, ANGE 68 WEST OF THE SIXTH PINCIPAL MEIDIAN, CITY OF LOVELAND, COUNTY OF LAIME, STATE OF COLOADO, MOE PATICULALY DESCIBED AS FOLLOWS: BASIS OF BEAING: THE SOUTH LINE OF WEST 1/2 OF SAID SOUTHEAST 1/4, BEING MONUMENTED ON THE WEST END BY A 2 INCH ALUMINUM CAP STAMPED LS IN A MONUMENT BOX AND ON THE EAST END BY A 2 INCH ALUMINUM CAP STAMPED LS IN A MONUMENT BOX, IS ASSUMED TO BEA N "E, WITH A DISTANCE OF FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTHEAST CONE OF THE WEST 1/2 OF SAID SOUTHEAST 1/4; THENCE N89 40'35"W, ON THE SOUTH LINE OF THE WEST 1/2 OF SAID SOUTHEAST 1/4, A DISTANCE OF FEET; THENCE N00 19'25"E, A DISTANCE OF FEET, TO THE SOUTHEAST CONE OF SAID LOT 1, TO THE POINT OF BEGINNING; THENCE N89 40'02"W, ON THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF FEET; THENCE N00 36'06"E, A DISTANCE OF FEET, TO A POINT OF CUVATUE; THENCE ALONG THE AC OF A TANGENT CUVE TO THE IGHT HAVING A ADIUS OF FEET, A CENTAL ANGLE OF 10 12'51" AND AN AC LENGTH OF FEET, TO A POINT OF TANGENCY; THENCE N10 48'57"E, A DISTANCE OF FEET, TO THE NOTH LINE OF SAID LOT 1; THENCE S89 35'13"E, ON THE NOTH LINE OF SAID LOT 1, A DISTANCE OF FEET, TO THE NOTHEAST CONE OF SAID LOT 1; THENCE S00 19'25"W, ON THE EAST LINE OF SAID LOT 1, A DISTANCE OF FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AEA OF 47,464 SQUAE FEET.

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