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HomeMy WebLinkAboutPETERSEN SUBDIVISION - PDP - 23-05 - DECISION - FINDINGS, CONCLUSIONS & DECISIONPeterson Subdivision Administrative Hearing Findings, Conclusions, and Decision November 21, 2005 Page 4 of 4 SUMMARY OF CONCLUSIONS A. The Peterson Subdivision Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. There are no development standards in the C zone district applicable to the Peterson Subdivision Project Development Plan. C. The Peterson Subdivision Project Development Plan complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. DECISION The Peterson Subdivision Project Development Plan, #23-05, is hereby approved by the Hearing Officer without condition. Dated this 22nd day of November, 2005 per authority fatted by Sections 1.4.9(E) and 2.1 of the Land Use Code. 11, Cameron'Gloss Current Planning irector Peterson Subdivision Administrative Hearing Findings, Conclusions, and Decision November 21, 2005 Page 3 of 4 FACTS AND FINDINGS 1. Site Context The surrounding zoning and. land. uses,are.as follows: . N: C; existing commercial S: C existing commercial E: C; existing commercial W: R-L; existing residential Peterson Subdivision is a replat of a part of Tract A of Fossil Creek Commercial Plaza which was approved in March of,1978. _ 2. Compliance with Article 4,and the C Zoning District Standards: There are no land use or development standards within Article Four of the Land Use Code applicable to this plat request. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 (B) — Lots The plat provides for direct vehicular access from South Mason Street. Access to Lot Two is gained through a 24-foot wide public and emergency access easement. Lots have been configured in a regular shape and substantially at a right angle to streets. Therefore, this standard has been met. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates that dedications for access, emergency access, utility and drainage easements are provided as needed to serve the lots. Peterson Subdivision Administrative Hearing Findings, Conclusions, and Decision November21, 2005 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:00 p.m. on November 21, 2005 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 testimony provided during 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: Ted Shepard, Chief Planner From the Applicant: James P. Peterson Jack Blake, Stewart & Associates From the Public: None. Written Comments: None. Commu.___y Planning and Environmental _:vices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: November 21, 2005 PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: Peterson Subdivision Project Development Plan #23-05 James P. Peterson c/o Stewart and Associates 103 South Meldrum Street Fort Collins, CO 80521 James P. Peterson 4217 South Mason Street Fort Collins, CO 80526 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat a 26,037 square foot lot into two lots. The property is located at 4223 South Mason Street, just north of Troutman Parkway. There are two existing buildings on the existing lot. On the front of the lot, along the west south of South Mason Street, is Pro Golf Discount. On the rear portion of the lot, adjoining the BNSF right-of-way is Minuteman Press. The effect of the replat would be to create an individual lot for each building. There is no new development or public improvements associated with the replat. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: C, Commercial STAFF RECOMMENDATION: Approval 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020