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#21-0244aiI-S� Subdivision
Type I (LUC)
4/17/02 N
1 inch : 600 feet
Mail Creek Park Plat - File #21-02
September 30, 2002 Administrative Hearing
Page 4
Development Review Procedures for Development Applications, and
Section 2.4 - Project Development Plan located in Article 2 -
Administration.
C. The Mail Creek Park Plat meets the plat requirements located in Section
3.3.1 - Plat Standards located in Article 3 - General Development
Standards.
RECOMMENDATION:
Staff recommends approval of the Mail Creek Park Plat - File #21-02.
Mail Creek Park Plat - File #21-02
September 30, 2002 Administrative Hearing
Page 3
A. The replat is in compliance with Section 3.3.1(A) General Provisions in
that:
1) The subdivision plat will be filed and recorded only after having been
approved by the Director of Planning, with such approval evidenced in
writing on the plat and signed by the City Clerk.
2) No building permit or certificate of occupancy shall be issued for
construction of any new principal building or no act which changes the
use of any building shall be permitted until the subdivision plat is filed
and recorded in the City of Fort Collins.
B. The replat is in compliance with Section 3.3.1(B) Lots in that:
1) Each lot has direct vehicular access to a public and the side lot lines
are substantially at right angles or radial to the street lines.
2) The general layout of lots, roads, driveways, utilities, drainage facilities
and other services within the proposed development were established
with the approval, filing, and recording of Meadows at Fox Creek PUD.
The design of the adjacent platted roads are unaffected.
C. The replat is in compliance with Section 3.3.1(C) Public Sites,
Reservations and Dedications in that:
1) The rights -of -way for the adjacent street right-of-way and utility
easements necessary to sere this area are dedicated with this plat.
4. Findings of Fact/Conclusion:
A. The Mail Creek Park Plat contains a permitted use in the C- Commercial
Zoning District.
B. The Mail Creek Park Plat meets the procedural requirements located in
Division 2.1 - General Procedural Requirements, Division 2.2 - Common
Mail Creek Park Plat - File #21-02
September 30, 2002 Administrative Hearing
Page 2
E: C-Commercial; BNSF railroad tracks, existing Arbor Plaza
This application is triggered by the change of use of the existing building at 309
West Harmony from a professional office to a retail flower shop. Section
3.3.1(A)(3)(b) of the LUC specifies that an act which changes the use of any
building can only be approved for properties that have been platted. A minor
amendment was conditionally approved on 4/22/02 which granted the change of
use and permitted a temporary certificate of occupancy for the flower shop to
operate under the condition that the property be platted. The purpose of this
application is to satisfy that condition.
The property owner has 45 years left on a 50 year land lease with the Burlington
Northern and Santa Fe Railroad for the western most 50 feet of the railroad right-
of-way along the eastern edge of his property. The applicant would like to
include this railroad property within the area being platted. City legal staff has
indicated that this is permissible if the BNSF railroad (or whoever else legally
owns said property) signs the plat. The applicant would like the ability to modify
the drawings after hearing to include or exclude this railroad property on the plat
depending on whether such railroad (or other legal owner) will agree to sign the
plat.
The parcel owned by the applicant was annexed in December of 1992 as the
Nordick Annexation. The portion of the property within the railroad right-of-way
was annexed in May of 1981 as part of the Arbor Commercial Annexation.
2. Article 2 - Administration:
The request complies with the applicable requirements of the LUC, specifically
the procedural requirements located in Division 2.1 - General Procedural
Requirements, Division 2.2 - Common Development Review Procedures for
Development Applications, and Section 2.4 - Project Development Plan located
in Article 2 - Administration.
3. Article 3 - General Development Standards:
The request complies with the applicable requirements of the LUC, specifically
the plat requirements located in Section 3.3.1 - Plat Standards located in Article
3 - General Development Standards.
`may ITEM NO.
J ,
MEETING DATE
STAFF
Citv of Fort Collins HEARING OFFICER
STAFF REPORT
PROJECT: Mail Creek Park Subdivision - #21-02
[Type I, Administrative Review]
OWNER/
APPLICANT: Jerry White
5590 Overhill Drive
Fort Collins, CO 80526
PROJECT DESCRIPTION:
This is a request to plat the an existing unplatted parcel and a portion of the
adjacent railroad right-of-way into two lots. Additional right-of-way is being
dedicated for Harmony Road. The property is in the C — Commercial Zone
District
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This request complies with the applicable requirements of the Land Use Code
L( UC), specifically 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 located in Article 2 - Administration; and Section 3.3.1 - Plat
Standards located in Article 3 - General Development Standards.
COMMENTS:
1. Background:
The zoning and land uses that surround the Mail Creek Park plat are as follows:
N: RL; existing single-family residential
C-Commercial; existing lumberyard
S: FA-1 (Larimer County); rural residential uses with pastures
W: RL; existing single-family residential
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO80522-0580 (970) 221-6750
PLANNING DEPARTMENT