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Home My WebLink AboutRIGDEN FARM 16TH FILING - PDP - PDP110015 - DECISION - CORRESPONDENCE-HEARINGSubdivision Plat for Rigden Farm 16th Filing PDP Administrative Hearing Findings, Conclusions, and Decision October 12, 2011 Page 5 of 5 SUMMARY OF CONCLUSIONS A. The Subdivision Plat for Rigden Farm 16th Filing, PDP satisfies the procedural requirements of Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications and Section 2.4 - Project Development Plan.. B. The Subdivision Plat for Rigden Farm 16th Filing, PDP satisfies the applicable standards of Section 3.3.1 - Plat Standards. C. The Subdivision Plat for Rigden Farm 16th Filing, PDP satisfies the applicable Development Standards of Division 4.23 Neighborhood Commercial Zone. DECISION The request for a Subdivision Plat for Rigden Farm 16th Filing, Project Development Plan, #PDP110015, is hereby approved by the Hearing Officer without condition. Dated this 12th day of October, 2011 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. T.'Lt jo��4 Ted Shepard Chief Planner Subdivision Plat for Rigden Farm 16°i Filing PDP Administrative Hearing Findings, Conclusions,, and Decision October 12, 2011 Page 4 of 5 A. The subdivision plat is in compliance with Section 3.3.1(A) General Provisions. B. The subdivision plat is in compliance with Section 3.3.1(B) Lots in that: 1) The lots have direct vehicular access to public streets (Iowa Avenue, Limon Drive). Lots 1 & 2 front on the streets and necessary public access easements will be dedicated, by the plat, for access to Lots 1 & 2 from Limon Drive and to Lot 2 from Iowa Avenue. The side lot lines are substantially at right angles or radial to the street lines. 2) The general layout of lots, roads, driveways, utilities, drainage facilities and other services to the property have been previously established in the surrounding commercial and residential neighborhoods. C. The subdivision plat is in compliance with Section 3.3.1(C) Public Sites, Reservations and Dedications in that: 1) The rights -of -way for Iowa Avenue and Limon Drive were previously dedicated by the Rigden Farm Northwest Roads subdivision plat; the right-of-way for Illinois Drive was previously dedicated by the Rigden Farm 8th Filing subdivision plat; and, the right-of-way for East Drake Road abutting this property was previously dedicated by separate document (Reception #2001059220). The access, drainage, and utility easements necessary to serve these lots will be dedicated with the Rigden Farm 161h Filing subdivision plat, if approved and filed, or by separate document(s) as needed in the future. 5. ARTICLE 4 — Districts: The Subdivision Plat for Rigden Farm 161h Filing, PDP complies with the applicable Development Standards in Division 4.23 Neighborhood Commercial District. A. The Subdivision Plat for Rigden Farm 16th Filing, PDP complies with the Block Structure requirement set forth in Section 4.23(E)(2)(a). The property is bounded on all four (4) sides by public streets. B. The Subdivision Plat for Rigden Farm 16th Filing, PDP complies with the Block Size requirement set forth in Section 4.23(E)(2)(b). The property is 2.0 acres in size, thereby not exceeding the maximum allowable size of seven (7) acres. Subdivision Plat for Rigden Farm 16t" Filing PDP Administrative Hearing Findings, Conclusions, and Decision October 12, 2011 Page 3 of 5 FACTS AND FINDINGS This request is to create a 2-lot subdivision plat for a 2-acre property that presently is unplatted in the Rigden Farm mixed -use development. The expressed intent is to prepare for future development on the two separate lots. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: MMN; existing multi -family residential (Sidehill) S: NC; approved commercial (Center at Rigden Farm) W: NC; existing shopping center (Shops at Rigden Farm) E: NC; existing multi -family residential (Rigden Farm Senior Living) The property was annexed into the City in November, 1997 as part of the Timberline Annexation. The subject property is a portion of Parcel A of the Rigden Farm ODP that was approved by the Planning and Zoning Board in April, 1999. Parcel A was identified as Neighborhood Commercial (supermarket, pharmacy, offices, retail, restaurants, and multi -family residential) on 32.09 acres. It remained in Parcel A as Neighborhood Commercial (to include any other uses allowed by NC zoning) on an Amended ODP that was approved through .the City's minor amendment review process in October, 2002. 2. Purpose of the Subdivision: The purpose for the platting of Rigden Farm 16th Filing, PDP is to create two legally subdivided lots on a subdivision plat. The two -lot subdivision plat will create Lot 1, being 1.Q acre (43,591 square feet) in size; and, Lot 2, being 1.0 acre (43,591 square feet) in size. The expressed intent is to prepare for future development on the lots. 3. ARTICLE 3 - General Development Standards: The Subdivision Plat for Rigden Farm 161h Filing, PDP complies with the Land Use Code specifically the plat requirements located in Section 3.3.1 - Plat Standards. Subdivision Plat for Rigden Farm 16th Filing PDP Administrative Hearing Findings, Conclusions, and Decision October 12, 2011 Page 2 of 5 PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:30 p.m. on October 11, 2011 in Conference Room B 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 the hearing. The Land Use Code, 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: Larry Hawe, 1512 Linden Lake Road, Fort Collins, CO. 80524 Fred Croci, 1027 W. Horsetooth Road, Fort Collins, CO. 80526 Mike Brake, JR Engineering, 7200 S. Alton Way, Centennial, CO. 80112 From the Public: None Written Comments: None CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: October 11, 2011 Rigden Farm 16th Filing, Project Development Plan #PDP110015 Larry and Paula Hawe, 1512 Linden Lake, Road, Fort Collins, Colorado 80524 Same Ted Shepard Chief Planner PROJECT DESCRIPTION: Request to subdivide a two -acre parcel, being a portion of Tract A in Rigden Farm, into two, one -acre lots. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: N-C, Neighborhood Commercial 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. Planning, Development & Transportation Services City of Fort Collins October 12, 2011 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov.com Attendee of the Rigden Farm 16th Filing, Project Development Plan, #PDP110015, Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Project Hearing of the Rigden Farm 16th Filing, Project Development Plan, # PDP110015. Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been mailed to the applicant and any person who attended and/or provided testimony at the public hearing held on October 11, 2011. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14 calendar days of the date of final action October 12, 2011 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on October 26, 2011. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcpov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office at 300 LaPorte Avenue. If you have any questions about the attached Decision or the appeal process, please contact me at 970-221-6343. Sincerely, / � J" Ted Shepard Chief Planner