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Home My WebLink AboutNORTH COLLEGE MARKETPLACE, WETLANDS - PDP - 39-08 - DECISION - CORRESPONDENCE-HEARINGap s :.Addymo W reM L , U- T*to rA& 223 5,71-7 Lzs frzz)(-(O gAr-4.'-'Y. Lk V. 7577 lie so..&e& .5 T- 171 e 2kPsaii, W�e A)41441 7- -;boo Alej A 3 - 655(o m &,k North College Marketplace.,, Wetlands PDP Administrative Hearing Findings, Conclusions, and Decision February 23, 2009 Page 6 of 6 nF=risInN The North College- Marketplace, Wetlands Project Development Plan #39-08, is hereby approved by the Hearing Officer. Dated this 24th day of February 2009, per authority granted by ctions 1.4.9(E) and 2.1 of the Land Use Code. Steven J. Dush, AICP Director of Current Planning North College Marketpla...., Wetlands PDP Administrative Hearing Findings, Conclusions, and Decision February 23, 2009 Page 5 of 6 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Staff Report summarizes the PDP's compliance with the applicable general development standards of Article 3 of the Land Use Code and due to the limited development of this PDP; some of the routine development standards are not relevant. The PDP did demonstrate compliance with landscaping and tree protection, engineering standards relative to the plat and environmental, natural area and recreational and cultural resource protection standards. There was no evidence submitted at the hearing to contradict the statements and conclusion of the Staff Report concerning compliance or to otherwise refute compliance with the Article 3 Standards. Testimony was offered at the hearing relative to the protection of the wetlands. Specifically protecting the wetlands from people and pets. Staff and the applicant offered information stating the topography in certain sections would prevent access and where topography was not a suitable deterrent; the existing and proposed fences would provide the deterrent. The hearing officer summarized the existing and proposed mitigation measures that addressed the concern offered by the public. Additional testimony offered by the applicant included a summative overview of the wetlands enhancement. The applicant's consultant indicated that "wetland's dirt" would be relocated from the area to be graded and filled and placed in the enhancement and preserved portion of the property. Additionally, all of the wetlands enhancements and modifications will be done in accordance with all applicable requirements. SUMMARY OF CONCLUSIONS A. The North College Marketplace, Wetlands Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The North College Marketplace, Wetlands Project Development Plan complies with all applicable district standards of Section 4.19 of the Land Use Code, Community Commercial — North College Zoning District (CCN). C. The North College Marketplace, Wetlands Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. North College Marketpla, -, Wetlands PDP Administrative Hearing Findings, Conclusions, and Decision February 23, 2009 Page 4 of 6 Zoning History (most recent to past): The property is currently located in the Community Commercial, North College District. The current CCN District was adopted in 1995 and was revised to include supermarkets in 2002 and more recently, to include large retail establishments in 2007. Prior to the adoption of the Land Use Code and the rezoning to a CCN District, the property was zoned Business Center (BC). Note: the BC zone was essentially renamed to the CCN District because there is little distinction between the permitted uses: Prior to the BC zoning it was zoned Highway (HB) and Limited Industrial (IL) as recent as 1995. In 1976 the property was zoned HB and MM for medium density mobile home, but it is unclear when it was rezoned from MM to IL. The Planning & Zoning Board, on January 15, 2009, approved the North College Marketplace, ODP, which contains the North College Marketplace, Wetlands, 1st Filing on 10.88 acres and the North College Marketplace, Commercial, 2"d Filing on 17.41 acres 2. Compliance with Article 4 of the Land Use Code — Community Commercial — North College District: The Project Development Plan generally complies with all applicable requirements of Article 4 and the applicable sections of the Community Commercial — North College District zone district. The Staff Report summarizes the PDP's compliance with these standards. In particular, the proposed wetlands development is permitted and defined as a Public Facility that is permitted within the zone district. The PDP is limited to grading, utilities, wetlands preservation and improvements (both wetland and storm drainage), and enhancements to the wetlands portions of the property. North College Marketpla,-, Wetlands PDP Administrative Hearing Findings, Conclusions, and Decision February 23, 2009 Page 3 of 6 From the Applicant: David Kaspazak, BHA Design Bruce Hendee, BHA Design Eric Holsapple, Loveland Commercial Nathan Klein, Loveland Commercial Blaine Rappe, Loveland Commercial Marcus Griffin, Loveland Commercial Linsey Chalfant, Ayres and Associates Steve Long, Cedarcreek Associates From the Public: Ray & Norma Mayes, 120 Grape Street Beulah Adamich, 126 Grape Street Kathleen Kilkelly, 920 Inverness Road Written Comments: None FACTS AND FINDINGS 1. Background The surrounding zoning and land uses are as follows: N: M1, C in Larimer County; S: CN, CCN in the City; E: M1, C in Larimer County; W: CN, CCN in the City; Existing residential Existing shopping center and proposed new shopping center Existing residential Existing North College Avenue commercial Corridor and proposed new shopping center The property was annexed in pieces as part of the North College Annexation in December, 1959; as the Nauta North College Annexation in April, 1965; and, as the East Willox Lane First Annexation in July, 1975. North College Marketpla,._, Wetlands PDP Administrative Hearing Findings, Conclusions, and Decision February 23, 2009 Page 2 of 6 Marketplace. The wetlands property, being 7.963 acres in size, is on the north side of East Willox Lane, essentially at the intersection with Blue Spruce Drive. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: CCN, Community Commercial North College. STAFF RECOMMENDATION: Approval 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. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m. on February 23, 2009 in Conference Rooms A & B, 281 N. 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; and (3) a tape recording of public testimony provided during the hearing. The Land Use Code (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 Dana Leavitt, Environmental Planner Emma McArdle, Planner North College Marketpla,-, Wetlands PDP Administrative Hearing Findings, Conclusions, and Decision February 23, 2009 Page 1 of 6 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: CASE NUMBER: APPLICANT: OWNERS: HEARING OFFICER: PROJECT DESCRIPTION: February 23, 2009 North College Marketplace, Wetlands Project Development Plan - #39-08 #39-08 BHA Design c/o David Kasprzak 1603 Oakridge Drive Fort Collins, CO. 80525 Loveland Commercial, LLC 1043 Eagle Drive Loveland, CO. 80537 Steven J. Dush, AICP Director of Current Planning This is a request for the 1st Filing of the previously approved North College Marketplace, Overall Development Plan (ODP) and deals with preservation, improvements (both wetland and storm drainage); enhancements to the wetlands portions of the property; the filling of 2 small low quality wetlands; and overlot grading and utilities on the 28.29 acre property known as North College