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Home My WebLink AboutHOWES/CANYON MIXED-USE PDP - REPLAT - 45-02B - DECISION - FINDINGS, CONCLUSIONS & DECISION- 2'. GG gip V--n l Lc-.V-\�5 vc=�� Ti J g7Q?4cz� Sat nna,v, AC,�, CdNs`t'rvorlow 303. zg;&7.5 � z,� �Gv 007,`b Ar►i� J"sok- VF 'R.,(e� OJT Canyon/Howes Replat Administrative Hearing Findings, Conclusions, and Decision November 3, 2003 Page 5 of 5 DECISION The Canyon/Howes Replat Project Development Plan, #45-02B, is hereby approved by the Hearing Officer subject to the following conditions: 1. The Applicant shall ensure that the subdivision name is modified, consistent with the City's naming convention, and subject to the review and approval of the City Engineer, prior to execution and recordation of the plat. 2. The Applicant shall ensure that the Certificate of Dedication language is removed from the final plat, prior to execution and recordation of the plat. Dated this 12th day of November 2003, per author it ited by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Glosp Current Planning Director Canyon/Howes Replat Administrative Hearing Findings, Conclusions, and Decision November 3, 2003 Page 4 of 5 The proposed lot width, with the narrowest dimension of 165 feet, greatly exceeds the 40-foot minimum lot width required in the district. There was no evidence introduced at the hearing to contradict the Staff Report; therefore, the Hearing Officer finds that the Subdivision is in conformance with the applicable requirements found in Article 4 of the Land Use Code. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 [B] — Lots The proposed lot complies with the design standards in that the lot provides vehicular access to public streets, and the side lot lines are at substantially right angles or radial to the street. The design of the adjacent platted roads is unaffected. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications No dedications of easements or rights -of -way occur with the requested plat. The plat indicates the location of areas within the right-of-way that will be leased from the City of Fort Collins for a 99-year period. Adjacent street rights -of -way were dedicated in 1873 as part of the Fort Collins Original Town plat. SUMMARY OF CONCLUSIONS A. The Canyon/Howes Replat Project Development Plan subject to administrative review and the requirements of the Land Use Code (LUC). B. The Canyon/Howes Replat Project Development Plan satisfies the development standards of the D, Canyon Avenue Sub -District, zoning district. C. The Canyon/Howes Replat Project Development Plan complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. Canyon/Howes Replat Administrative Hearing Findings, Conclusions, and Decision November 3, 2003 Page 3 of 5 FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows: N: D; existing office, bank S: D; existing office, single family residential E: D; existing office, restaurant W: D; Masonic Temple The parcel will be annexed into the City as part of the Original Town Annexation in February 1873. Testimony was offered at the hearing by two neighboring residential landowners concerning the anticipated or feared impacts of the proposed replat upon their property. These impacts included restriction of access into the neighboring property and garage and the removal of an existing concrete block wall. The applicant acknowledged these concerns and expressed a commitment at the hearing to make an attempt to work cooperatively with neighbors to address the issues. Although the Hearing Officer finds that concerns raised by the neighboring property owner may have some application to future development on the subject property, the proposed replat must be judged under the existing applicable regulations of the City of Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant and Owner have designed the PDP in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements. 2. Compliance with Article 4 and the D Zoning District Standards: The plat complies with the standards found under Article Four of the Land Use Code. The applicant's request to plat the 0.42 acre parcel, in order to consolidate multiple lots into one lot, complies with the following applicable standard: A. Section 4.12(D)(2) — Land Use Standards Canyon/Howes Replat Administrative Hearing Findings, Conclusions, and Decision November 3, 2003 Page 2 of 5 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 2:15 p.m. on November 3, 2003 in Conference Rooms A and B 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: Bob Barkeen, City Planner Katie Moore, Development Review Engineer From the Applicant: Bill Coulsen, Owner From the Public: Burdette G. and Wilda Woodward, 227 S. Howes Street Dave Edwards, 218 W. Magnolia Street Written Comments: None City of Fort Collins Community Planning and Environmental Services Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: OWNER: APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: November 3, 2003 Canyon/Howes Replat Project Development Plan #45-02B Coulsen Development Group, LLC 510 West Magnolia Street Fort Collins, CO 80521 VF Ripley and Associates 401 West Mountain Avenue, Suite 201 Fort Collins, CO 80521 Cameron Gloss Current Planning Director The Applicant has submitted a request to replat Lots 3,4, and a portion of Lot 5, Block 92, City of Fort Collins Original Town Addition, into one lot of 0.42 acres. The plat includes two lease areas into the adjacent Canyon Avenue and Howes Street Rights -of - Way. The underground lease area has been approved by City Council through a 99- year lease agreement. SUMMARY OF HEARING OFFICER DECISION: Approval, with conditions ZONING DISTRICT: D-Downtown, Canyon Avenue Sub -District STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020