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Home My WebLink AboutSETTLER'S CREEK FIRST REPLAT - PDP - 13-08 - DECISION - MINUTES/NOTESSettler's Creek Ist Replat • Administrative Hearing Findings, Conclusions, and Decision July 23, 2008 Page 5 of 5 DECISION The Settlers Creek First Replat, #13-08 is hereby approved by the Hearing Officer without condition. Dated this 24th day of July, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. ' `l o. Cameron Gloss Current Planning Director Settler's Creek 151 Replat • • Administrative Hearing Findings, Conclusions, and Decision July 23, 2008 Page 4 of 5 The Staff Report summarizes the PDP's compliance with these standards and no specific evidence was presented to contradict or otherwise refute the compliance with Article 4 or the HC District Standards. In particular, multi -family residential is an allowable use within a Regional Shopping Center in the Harmony Corridor. Similarly, the 4,000 square feet of non-residential (office, retail or personal service shops) is also allowed within such a center. The clubhouse, pool and bed and breakfast guest rooms are considered accessory and also permitted. There are no zone district standards that pertain to the platting or replatting of property. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project Development Plan complies with all applicable requirements of Article 3, including the plat standards of Section 3.3.1, and no evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to other refute the compliance with Article 3. The plat creates no new lots or new dwelling units. As with the previous plat, the replat continues to direct vehicular access from a street and the new lot lines are substantially at a right angle or radial to the street. The plat continues to provide drainage and utility easements, and grants additional easements as needed to serve the lots. SUMMARY OF CONCLUSIONS A. The Settlers Creek First Replat is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Settlers Creek First Replat complies with the Harmony Corridor Plan. C. The Settlers Creek First Replat complies with all applicable district standards of Section 4.26 of the Land Use Code, (HC) Harmony Corridor zone district. D. The Settlers Creek First Replat complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. Settler's Creek 1s` Replat • Administrative Hearing Findings, Conclusions, and Decision July 23, 2008 Page 3 of 5 FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: H-ClExisting Multi -family (Somerset and Park Place - Reflections) S: H-C; Existing Retail (Home Depot) E: M-M-N; Landings Neighborhood Park W: H-C; Existing Retail (Goodwill Industries) The site was once a part of the Super Block Plan that master planned the general area bounded by College Avenue, Harmony Road and Boardwalk Drive back in the late 1970's. This Plan was done in conjunction with the formation of the Heart Special Improvement District that financed and constructed the public streets and other facilities in the Super Block area. This S.I.D. has since been closed out. The parcel was designated by the Harmony Corridor Plan as being part of the Harmony Center Mixed -Use Activity Center — Regional Shopping Center. Harmony Centre Regional Shopping Center was approved in May of 1997 for 339,634 square feet on 36.83 acres on the site of the former Pioneer Mobile Home Park. Settlers Creek P.D.P. was approved for 231 dwelling units in November of 2004, including a Modification of Standard to Section 3.5.2(C)(1)(2) which allowed Buildings C,D,E,F and G to be located further than 200 feet from the sidewalk along J.F.K. Parkway or 350 feet if connected by a major walkway spine. Settlers Creek Final Plan was approved for 229 dwelling units in February of 2007 under different ownership. Since the approval of the Final Plan, Pavilion Lane has been extended east to form a tee intersection with J.F.K. Parkway as part of the Goodwill Industries development. 2. Compliance with Article 4 and the HC — Harmony Corridor Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the HC zone district. Settler's Creek 1 st Replat • • Administrative Hearing Findings, Conclusions, and Decision July 23, 2008 Page 2 of 5 SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: H — C Harmony Corridor 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 5:07 p.m. on July 23, 2008 in Conference Rooms C & D, 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 the public hearing. The 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: Ted Shepard, Chief Planner From the Applicant: John Myers, JR Engineering From the Public: John and Mary Detweiler, 4255 Westshore Way B3 Written Comments: None. ent and -AnSDortati Current Planning Citvof Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: .7'► , z HEARING OFFICER: PROJECT DESCRIPTION: July 23, 2008 Settlers Creek First Replat #13-08 Mr. Bryan Aston c/o JR Engineering 2600 East Prospect Road Fort Collins, CO 80524 MSP Properties 607 Lindbergh Boulevard Frontenac, MO 63131 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat Settlers Creek in order to accommodate one additional van -accessible handicap parking space located within Building Envelope 8. By adding this one handicap parking space, Building Envelope 8 must be enlarged and all five garages along the south edge of the property are impacted. The enlargement of one garage and the shifting of four garages cause an encroachment into dedicated utility easements. In order to adjust the building envelopes and easements, the plat must be revised. The proposed replat makes these adjustments. The site is bounded by J.F.K. Parkway on the west, Home Depot on the south, Landings Park on the east and Park Place (Reflections Apartments) at the Landings on the north. There would be no increase in the number of dwelling units (229). 281 North College Avenue • PO Box 580 0 Fort Collins, CO 80522-0580 • (970) 2216750 • FAX (970) 416-2020