HomeMy WebLinkAboutWHITE SUBDIVISION (FORMERLY MAIL CREEK PARK SUB.) - REPLAT - 21-02 - DECISION - FINDINGS, CONCLUSIONS & DECISIONMail Creek Park Subdivision
Administrative Hearing
Findings, Conclusions, and Decision
September 30, 2002
Page 5 of 5
Dated this 8th day of October 2002, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
,,--'Cameron Gloss'
Current Planing Director
Mail Creek Park Subdivision
Administrative Hearing
Findings, Conclusions, and Decision
September 30, 2002
Page 3 of 5
FACTS AND FINDINGS
1. Site Context
The surrounding zoning and land uses are as follows:
N: RL; existing single-family residential
C-Commercial; existing lumber yard
S: FA-1(Larimer County); rural residential uses with pastures
E: C-Commercial; BNSF railroad tracks, existing Arbor Plaza
W: RL; existing single-family residential
The parcel owned by the applicant was annexed in December 1992 as the
Nordick Annexation. The portion of the property within the railroad right-of-way
was annexed in May 1981 as part of the Arbor Commercial Annexation.
The property owner has 45 years remaining on a 50-year lease with the
Burlington Northern Santa Fe Railroad for the westernmost 50 feet of the railroad
right-of-way along the eastern edge of the property. The applicant requests that
this leased portion of the railroad right-of-way be included within the area being
platted.
This PDP application is triggered by a change of use of the existing building at
309 West Harmony Road from a professional office to a retail floor shop. Section
3.3.1(A)(3)(b) of the LUC specifies that changes to 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 subject to
platting of the property. The purpose of the application is to satisfy that condition
of minor amendment approval.
2. Compliance with Article 4 and the C 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 83,013 square foot parcel, in order to
create two new lots of 18,184 and 64,829 square feet, complies with the following
standards:
A. Section 4.7(B) — Land Use Standards
There is no minimum lot area requirement within the C-Commercial zone district,
nor other land use or development standards applicable to the propose
subdivision.
Mail Creek Park Subdivision
Administrative Hearing
Findings, Conclusions, and Decision
September 30, 2002
Page 4 of 5
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 lots comply with the design standards in that each lot has
vehicular access to a public street, and the side lot lines are at substantially right
angles or radial to the street. The general layout of lots, utilities and other
services were established with the approval, filing, and recording of the Meadows
at Fox Creek PUD. The design of the adjacent platted roads is unaffected.
B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications
The plat indicates proper dedications for the adjacent street right-of-way and
utility easements as needed to serve both lots.
SUMMARY OF CONCLUSIONS
A. The Mail Creek Park Plat PDP is subject to administrative review and the
requirements of the Land Use Code (LUC).
B. The Mail Creek Park Plat PDP satisfies the development standards of the C
zoning district.
C. The Mail Creek Park Plat PDP complies with all applicable General Development
Standards, including the Plat Standards, contained in Article 3 of the Land Use
Code.
DECISION
The Mail Creek Park Subdivision, #21-02, is hereby approved by the Hearing Officer
subject to the following condition:
The Applicant shall ensure that the subdivision plat is modified prior to execution and
recordation to include the execution of the plat by all persons required pursuant to
Section 2.2.3(c)(3) of the Land Use Code.
Mail Creek Park Subdivision
Administrative Hearing
Findings, Conclusions, and Decision
September 30, 2002
Page 2 of 5
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 6:05 on September 12, 2002 in the City Council Chambers at
300 W. Laporte Avenue. At the request of the applicant, the Hearing was continued to
September 30, 2002 at 4:00 p.m. 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;
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:
Troy Jones, City Planner
From the Applicant:
Jerry White
Helen Cline
Brad March, legal counsel
From the Public:
None
Written Comments:
None
4
City of Fort Collins
Commu___ry Planning and Environmental _ _rvices
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:
September 30, 2002 (continued from
September 12, 2002)
Mail Creek Park Subdivision
#22-02
Jerry White
5590 Overhill Drive
Fort Collins, CO 80526
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to plat 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.
SUMMARY OF HEARING OFFICER DECISION: Approval, with conditions
ZONING DISTRICT: C, Commercial
STAFF RECOMMENDATION: Approval, with conditions
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.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020