HomeMy WebLinkAboutGARTH COMMERCIAL PLAZA - PDP - 20-02B - DECISION - FINDINGS, CONCLUSIONS & DECISIONGarth Commercial Plaza PDP
Administrative Hearing
Findings, Conclusions, and Decision
July 31, 2003
Page 4 of 4
2. The Applicant shall obtain an Emergency Access Easements from the owners
of Lot 5 of Garth Commercial Plaza
No evidence was presented to contradict the statements and conclusion of the
staff report concerning compliance or to other refute the compliance with Article
SUMMARY OF CONCLUSIONS
After reviewing the Garth Commercial Plaza P.D.P., File #20-02B, the Hearing Officer
makes the following findings of fact and conclusions:
1. The proposed land use is permitted in the (C) Commercial zone district.
2. The Project Development Plan complies with all applicable General Development
Standards contained in Article 3 of the Land Use Code, with conditions, except
sections 3.5.1(B)(1), 3.5.3(B)(2), and 3.5.3(B)(2)(b) where modifications were
granted by the Planning and Zoning Board.
3. The Project Development Plan complies with all applicable district standards of
Section 4.17 of the Land Use Code, the (C) Commercial zone district.
DECISION
The Garth Commercial Plaza Project Development Plan #20-02B is hereby approved by
the Hearing Officer with the following conditions:
1. That the applicant shall contact Xcel Energy to determine an acceptable sidewalk
alignment along Mason Street.
2. The Applicant shall obtain an Emergency Access Easements from the owners of
Lot 5 of Garth Commercial Plaza
Dated this 31st day of July, 2003, per authority gra(ed by Sections
1.4.9(E) and 2.1 of the Land Use Code.--.
rjoe Fra k
Advan96 Planning Director
Garth Commercial Plaza PDP
Administrative Hearing
Findings, Conclusions, and Decision
July 31, 2003
Page 3 of 4
FACTS AND FINDINGS
The surrounding zoning and land uses are as follows:
W: C — Burlington Northern and Santa Fe Railroad right-of-way,
RL — Existing residential neighborhood, Manhattan Avenue,
NW: C — Burlington Northern and Santa Fe Railroad right-of-way,
LMN — existing residential development, existing wetland, vacant developable area,
Manhattan Avenue,
N: C — Existing 3 story Hotel, existing 1 and 2 story retail buildings between the railroad
tracks and Mason Street.
NE: C — Intersection of Boardwalk and Mason Street, existing Olive Garden with large
parking lot along Mason Street,
E: C — Mason Street, vacant lot, existing bank and office building, existing KFC
Restaurant,
SE: C — Existing REI store, Barnes. and Noble bookstore,
S: C — Existing one and two story retail buildings,
SW: C - Burlington Northern and Santa Fe Railroad right-of-way,
RL - Existing residential neighborhood, Manhattan Avenue,
The property was annexed as part of the Horsetooth Harmony Annexation in July of 1978.
1. Compliance with Article 4 and the C Zoning District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the C Zoning District. The Staff Report summarized the PDP's
compliance with these specific standards and no specific evidence was
presented to contradict the statements and conclusion of the staff report
concerning compliance with Article 4 or the C Zoning District Standards.
2. Compliance with Article 3 of the Land Use Code — General Development
Standards
The Project Development Plan complies with all applicable requirements of
Article 3 except sections 3.5.1(13)(1), 3.5.3(B)(2), and 3.5.3(B)(2)(b) where
modifications were granted by the Planning and Zoning Board, with certain
conditions as follows:
1. That the applicant shall contact Xcel Energy to determine an acceptable
sidewalk alignment along Mason Street.
Garth Commercial Plaza PDP
Administrative Hearing
Findings, Conclusions, and Decision
July 31, 2003
Page 2 of 4
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 4:00 p.m. on July 29, 2003 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 citizens speaking in favor of or
against the application; 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:
Troy Jones, City Planner
Susan Joy, Development Review Engineer
From the Applicant:
Kim Straw
George Holter
Dick Rutherford
Brian Ho
Dana Lockwood
From the Public:
None
Written Comments:
None
Community Planning and Environmental Services
Current Planning
Citv of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: July 29, 2003
PROJECT NAME:
CASE NUMBER:
APPLICANT/OWNER:
HEARING OFFICER:
Garth Commercial Plaza P.D.P.
#20-02B
George Holter, Owner
Kim Straw (applicant)
Cityscape Urban Design
3555 Stanford Road
Fort Collins, CO 80525
Joe Frank
Advance Planning Director
PROJECT DESCRIPTION: The applicant proposes to build a 13,468 square foot "retail
establishment' and/or "personal and business service shops" building on a 1.28 acre
parcel southwest of the intersection of Boardwalk Drive and Mason Street. The
property is located in the Commercial (C) zone district.
SUMMARY OF HEARING OFFICER DECISION: Approval with conditions
ZONING DISTRICT: Commercial — (C)
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 • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020