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The Pier Replat
Administrative Hearing
Findings, Conclusions, and Decision
September 23, 2004
Page 4 of 4
SUMMARY OF CONCLUSIONS
A. The Pier Replat Project Development Plan is subject to administrative review and
the requirements of the Land Use Code (LUC).
B. There are no all applicable District Standard contained in Article 4 of the Land
Use Code related to The Pier Replat Project Development Plan.
C. The Pier Replat 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 Pier Replat Project Development Plan, #30-04, is hereby approved by the Hearing
Officer subject to the following condition:
Prior to recordation, the Applicant shall change the Subdivision Plat title to "Pier Replat".
Dated this 24th day of September 2004, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code. /)
Cameron Glos`s�
Current Planning Director
The Pier Replat
Administrative Hearing
Findings, Conclusions, and Decision
September 23, 2004
Page 3 of 4
FACTS AND FINDINGS
1. Compatibility with Surrounding Uses:
The surrounding zoning and land uses are as follows:
N:
MMN;
existing City park (Landings Park)
NE:
MMN;
existing bank (Norlarco Credit Union)
E:
NCM;
vacant, undeveloped land
S:
MMN
existing multi -family residential (Pier Condos -under
separate ownership)
HC
existing church and bank (Front Range Baptist and Bank
One)
SW:
County FA
existing single-family residential (Fairway Estates)
W:
County M-1
existing multi -family residential (Pitner Estates)
NW:
HC
vacant, undeveloped land
2. Compliance with Article 4 and the MMN Zoning District Standards:
There are no applicable Land Use and Dimensional Standards found within
Article 4 of the Land Use Code. It is the Hearing Officer's finding that compliance
with Block standards found in Section 4.5(E)(1) is infeasible given that the
request is limited to the creation of property lines and that the development
density and site layout was established under a previously approved PUD.
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
A. Section 3.3.1 [B] — Lots
The proposed lots complies with the design standards in that the lots provide
vehicular access to a public street, and the side lot lines are at substantially right
angles or radial to the street.
B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications
The plat includes dedication of public access, utility, drainage and parking
easements necessary to serve the subject property.
The Pier Replat
Administrative Hearing
Findings, Conclusions, and Decision
September 23, 2004
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.
W"LL1:I sl:3l.L�
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 3:45 p.m. on September 23, 2004 in Conference Room A at
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 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:
Anne Aspen, City Planner
From the Applicant:
Rob Persichitte
Kelley Hammel
From the Public:
None
Written Comments:
None
Comm. sty Planning and Environments. I-rvices
Current Planning
Citv of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: September 23, 2004
PROJECT NAME:
CASE NUMBER:
OWNER:
APPLICANT:
HEARING OFFICER:
PROJECT DESCRIPTION:
The Pier Replat Project Development
Plan
#30-04
Samuel Kelley Hammel
Boardwalk Associates, LLC
4660 Getaway Dr.
Berthoud, CO 80513
Rob Persichitte
Intermill Land Surveying
1301 N. Cleveland Ave.
Loveland, CO 80537
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to replat the north half of The Pier Apartments
property so that each building is on a separate lot. The Project is located just north of
the northwest corner of Boardwalk Drive and E. Harmony Road. No changes to the
buildings are proposed with the request. The boundaries for previously platted Parcels
One and Two are being vacated as part of the Project.
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: MMN- Medium Density Mixed Use Neighborhood
STAFF RECOMMENDATION: Approval
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020