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 Report November 14, 2016 Agenda #: Consent Agenda - 1 Title: Applicant: Request: Location: Existing Zoning: Proposed Use: Staff Planner: Larimer County Offices Vacation (PZ # ) Tom Kent Vacation of access and utility easements Northwest corner of N. Denver Avenue and E. 1 st Street I Developing Industrial Easements are no longer applicable to the proposed development. David Eisenbraun Staff Recommendation Subject to additional evidence presented at the public hearing, City staff recommends the following motion: Recommended Motions: 1. Move to make the findings listed in Section VIII of the Planning Commission staff report dated November 14, 2016, and, based on those findings, recommend that City Council approve the requested vacation of the access and utility easements. Summary of Analysis This is a public hearing to consider a request for vacating emergency access, utility, and building footprint easements within Lot 1, Anderson Farm Eleventh Subdivision totaling 148,693SF (or about 3.4 acres). The purpose of the easement vacation is in preparation of a new county development, giving the applicant a clear parcel to work with. The vacation of these easements is necessary because the campus style plat is no longer applicable or feasible for the county. The subject portions of easement do not include any public utilities and being on vacant land does not impact any surrounding lots or users. With the new development, a new plat will be done incorporating all necessary easements for access and utilities. PC Hearing November 14, 2016 Page 1

2 I. SUMMARY The Larimer County Loveland Office project is a proposed development to be constructed on the northwest corner of East 1st Street and Denver Avenue (aka Lot 1, Anderson Farm Eleventh Subdivision) in Loveland. The project includes an office building for various Larimer County departments including Clerk & Recorder, Workforce Center, Human Services, Health & Environment, and Sheriff's Office. A vacation of various easements are requested since the existing access, utility and building easements recorded on the original Anderson Farm Eleventh Subdivision are no longer applicable to the proposed development. The existing easements were intended for a business park development including ten separate buildings at various locations throughout the site (see original plat map). New emergency access and utility easements will be recorded through the replat process once the final design is complete. 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 Eleventh Subdivision III. VICINITY MAP PC Hearing November 14,

3 IV. SITE DATA ACREAGE OF SITE:... APPROXIMATELY 148,693 SQUARE FEET (AREA OF EASEMENTS TO BE VACATED) PROPERTY ZONING / USE... I DEVELOPING INDUSTRIAL EXISTING ZONING / USE - NORTH... I DEVELOPING INDUSTRIAL /VACANT EXISTING ZONING / USE - SOUTH... PUD P-86/RESIDENTIAL EXISTING ZONING / USE - EAST... PUD P-33/RESIDENTIAL EXISTING ZONING / USE - WEST... I DEVELOPING INDUSTRIAL /VACANT 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. BACKGROUND The site as currently platted, was done so for a campus style development. In addition to typical easements being dedicated, building footprints were also dedicated with this plat, further complicating the issue. Although there are a number of easements on this plat, only the ones that encumber future development are proposed to be vacated. VII. STAFF, APPLICANT, AND NEIGHBORHOOD INTERACTION A. Notification: Confirmation was received from Tom Kent, certifying that notice was posted in a prominent location (i.e. open land facing both Denver and E 1 st Street) on October 28 th, In addition, a notice was published in the Reporter Herald on October 29 th, B. Neighborhood Response: 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 through the applicant only. 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. Because the land is vacant, they are not being utilized currently. Furthermore, this vacation will give the ability to appropriately replat any necessary easements for the future development. PC Hearing November 14,

4 Development Review Team Analysis Current Planning The portions of easement to be vacated currently serve no purpose and in fact would benefit the future development and overall public use by creating the opportunity to replat appropriate easements. Transportation Development Review The vacation of access, utility and building easements will not negatively impact access to the City s public street network. New easements will be dedicated within the Anderson Farm Subdivision to serve the proposed Larimer County facility. Fire Fire: Staff believes that this finding can be met, due to the following: The vacation of existing easements on the Anderson Farm Eleventh Subdivision will not negatively impact fire protection for the subject development or surrounding properties. The existing easements were intended for a different development, and new Emergency Access Easements will be dedicated to suit this proposed development Water/Wastewater None Stormwater The existing building envelope easements, emergency access easements, and existing utility easements are 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 impact the existing power utility configuration within and adjacent to this development. The existing easement to be vacated is no longer necessary for public use and convenience. IX. RECOMMENDED CONDITIONS No conditions are being recommended by City staff in regards to this vacation request. PC Hearing November 14,

5

6

7

8

9

10

11

12

13

14 ATTACHMENT 2

15 ATTACHMENT 2