HomeMy WebLinkAboutRIGDEN FARM, 15TH FILING - PDP - 11-09 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -In
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Rigden Farm 15'h Filing Project Development Plan, # 11-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 4 of 4
SUMMARY OF CONCLUSIONS
After reviewing the Rigden Farm 15th Filing Project Development Plan, staff mad, and
the hearing officer concurs with the following findings of fact and conclusions:
A. The Rigden Farm 15th Filing, PDP meets the procedural requirements located in
Division 2.1 General Procedural Requirements, Division 2.2 Common
Development Review Procedures for Development Applications, and Division 2.4
Project Development Plan in ARTICLE 2 ADMINISTRATION of the LUC.
B. The Rigden Farm 15th Filing, PDP meets the plat standards located in Section
3.3.1 Plat Standards of ARTICLE 3 GENERAL DEVELOPMENT STANDARDS of
the LUC.
C. The Rigden Farm 15th Filing, PDP meets the applicable Land Use and
Development Standards located in Sections 4.23(D) and (E) of ARTICLE 4
DISTRICTS.
DECISION
The Rigden Farm 15th Filing Project Development Plan, # 11-09 is hereby approved by
the Hearing Officer in accordance with the findings as outlined in this report,
Dated this 6th day of October, 2009, per authority granted by Sections 1.4.9(E) and 2.1
of the Land Use Code.
I
Steven J. Dush, AICP
Community Development &
Neighborhood Services Director
Rigden Farm 15th Filing Project Development Plan, # 11-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 3 of 4
FACTS AND FINDINGS
1. Background:
The surrounding zoning and land uses are as follows:
N: NC, Neighborhood Commercial; existing neighborhood commercial
shopping center (King Scoopers, 1st Bank, etc.)
S: LMN, Low Density Mixed -Use Neighborhood; existing Timberline Church
E: MMN, Medium Density Mixed -Use Neighborhood; existing preschool
facility
W: RL, Low Density Residential; existing single-family residential
The property was annexed in November 1997, in the Timberline Annexation.
The property was originally platted as Tract A, Rigden Farm Filing One, in October
1999.
2. Compliance with Article 4 and Division 4.23 NC, Neighborhood Commercial
District:
The Project Development Plan complies with all applicable requirements of Article 4 and
Division 4.23 NC, Neighborhood Commercial zone district. The Staff Report
summarizes the PDP's compliance with these standards.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards:
The Staff Report summarizes the PDP's compliance with the applicable development
standards. There was no evidence submitted at the public hearing to contradict the
statements and conclusion of the Staff Report concerning compliance or to otherwise
refute compliance with the Article 3 Standards.
4. Public Testimony:
No neighboring property owners were in attendance.
There was no public comment at the hearing.
Rigden Farm 15'hFiling Project Development Plan, # 11-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 2 of 4
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 6:00 p.m. on September 28, 2009 in Conference Room A 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 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:
Emma McArdle, City Planner
From the Applicant:
Scott Maier, 1616 Wynkoop Street, Ste 120, Denver
Don Tiller, 1201 Chickadee, Fort Collins
Steve Steinbicker, 4710 S. College Avenue, Fort Collins
From the Public:
None
Written Comments:
None
Rigden Farm 15'h Filing Project Development Plan, # 11-09
Administrative Hearing Findings, Conclusions, and Decision
September 28, 2009
Page 1 of 4
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:
PROJECT DESCRIPTION:
September 28, 2009
Rigden Farm 15th Filing Project
Development Plan
#11-09
Scott Maier
Armstrong Development Properties, Inc.
999 18th Street, Ste 2700
Denver, CO 80202
Cannon Properties, LLC
160 Palmer Drive
Fort Collins, CO 80525
Steven J. Dush, AICP
Community Development &
Neighborhood Services Director
This is a request to replat Tract A of Rigden Farm Filing One into three (3) separate lots
and dedicate an access easement on the 2.7 acre site. The site is bounded by South
Timberline Road to the west, Custer Drive to the north, Illinois Drive to the east and the
Timberline Church to the south. The entire site is in the NC, Neighborhood Commercial
zoning district.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: Neighborhood Commercial (NC) zone district
STAFF RECOMMENDATION: Approval
City Of
Planning, Development & Transportation
FCommunity
Collins
Development & Neighborhood Services
281 North Avenue
ort
P.O. Box 58011ege
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov. com
October 6, 2009
Attendee of the Rigden Farms 15th Filing PDP Project, # 11-09, Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing
Findings, Conclusions and Decision for the Rigden Farms 15th Filing PDP
Project, # 11-09.
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 provided testimony at the
public hearing.
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 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on October 20, 2009. Guidelines
explaining the appeal process, including the Code provisions previously
referenced, can be found online at fcgov.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 221-6765.
Steven J. Dush, AICP
Director of Community Development & Neighborhood Services