HomeMy WebLinkAboutTIMBERLINE ROAD ROW, PLAT REVIEW - PDP - 6-00 - DECISION - FINDINGS, CONCLUSIONS & DECISION1. The applicant shall comply with all notes and conditions set forth on the
Plat sheets 1 through 2 dated March 22, 2000 prepared by the City of Fort
Collins.
Dated this 21 st day of April, 2000 per authority granted by Section 1.4.9 (E)
and 2.1 of the Land Use Code.
Steven Klau ing, Hear Officer
As previously stated herein a neighborhood meeting is not required for
the approval of this Plat by Type 2 Administrative review. Approval of a Final
Plat is permitted provided for in Article 2.5 of the LUC.
Article 3 of the Land Use Code — General Development Standards
The application must comply with all applicable Article 3 General Development
Standards. Evidence was presented at the hearing and was included within
the applicant's submittal materials which the hearing officer finds applicable to
the following specific standards and which meet these standards.
Division 3.3.1 (A) General Standards
The LUC requires that no plat be recorded unless it complies with the
provisions of the LUC. The evidence is that the Plat complies with the
provisions of the LUC. The Applicant has submitted a plat and the Hearing
Officer finds that the plat meets these standards.
Division 3.3.1 (CC) Public Sites, Reservations and Dedications
This Code section provides "an applicant shall be required to dedicate rights -of
way for public streets" The plat dedicates the Timberline Road right of way for
public use.
FINDINGS OF FACT/CONCLUSIONS
After reviewing the staff report, the Timberline Right of Way Plat and
considering all the evidence at the public hearing, the Hearing Officer makes
the following findings of fact and conclusions:
1. The Plat is located in the POL District. The proposed land use of public
right of way is permitted in the POL zone district subject to administrative
review. The Plat complies with all applicable Standards contained in Article
3 of the Land Use Code.
Decision
Based upon the findings and conclusions, the applicant's request for approval
of the Timberline Road Right-of-way is approved with the following conditions.
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E POL & E; Kingfisher Natural Area, Poudre River, Poudre River
Trail, Prospect Ponds, vacant land, ponds..
W: POL & I Kingfisher Natural Area, Hoffman Mill Road, active
railroad tracks, existing industrial uses along Academy Court and
Riverside Avenue.
The site was annexed in three separate annexations. Most of the
southern portion was annexed as part of the Mobile Premix Prospect
Road Annexation in March of 1983. The portion south and west of the
Poudre River crossing was annexed as part of the Suites Second
Annexation in February 1977. The portion north and east of the Poudre
River was annexed in the Riverbend Annexation in July 1980.
Findings
The Hearing Officer finds that this is a request for approval of a Plat, that
review as an Administrative Type 1 review is appropriate and that the zoning
for the site is POL Public Open Lands. The Hearing Officer finds that the
applicant has submitted a request to plat and dedicate to public use a portion
of right of way of Timberline Road which is currently improved and used as
public right of way. The Hearing Officer finds that this is an appropriate and
permitted use on the POL zoning district and the request is an appropriate
request subject to administrative review.
The Hearing Officer finds that the submittal complies with the permitted uses
within the POL District, and the standards contained in Article 3 of the Land
Use Code (General Development Standards) subject to the conditions that
follow.
Land Uses
Division 4.10 Public Open Lands
The project is located in the POL District. The Land Use Code describes the
POL district as intended to be a setting for large publicly owned parks and
open spaces with a community wide emphases. The use of the land for a
public road is permitted as a public facility.
Compliance With Article Two Administration
Division 2.2.2 Neighborhood Meeting
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Neighborhood Meeting:
The planning staff representative testified that the
property was properly posted, legal notice mailed
and published. There is no requirement for a
neighborhood meeting and one was not held.
Public Hearing
The Hearing Officer, presiding pursuant to The Fort Collins Land Use Code,
(LUC) opened the hearing at 5:00 p.m. on April 13, 2000 in the conference
room of the City of Fort Collins Planning Department located at 281 North
College Ave. Fort Collins, CO. The Hearing Officer admitted the staff report
and the Applicant's submittals into the record.
Hearing Testimony Written Comments and Other Evidence
The following individuals testified at the hearing:
From the City of Fort Collins:
Troy Jones
City Planner
For the Applicant:
Wally Muscott
City of Fort Collins Engineering Department
Background
The applicant's submittal materials and the staff report are a part of the record
and are incorporated herein by reference. The Hearing Officer takes official
notice of the visual aids used during the hearing.
The evidence is that the surrounding zoning and land uses are:
N: POL, C. & C (County) Existing Kingfisher Point Natural Area, the
Poudre River, existing businesses between Mulberry street and
the Poudre River, existing businesses along Mulberry /street.
S: POL & E; Kingfisher Point natural Area, existing commercial uses
in vicinity of Prospect Road and Timberline Road.
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City of Fort Collins
Commmaity Planning and Environmental rvices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
Hearing Officer:
Project Name:
Case Number:
Owners:
Steven Klausing, Hearing
Officer Administrative, Type 1
Timberline Right of Way Plat
#6-00
The City of Fort Collins
Applicant: Wally Muscott
City of Fort Collins
281 N. College Ave.
Fort Collins, CO 80524
Project Description:
This is a request for approval of a Plat of a_portion
of Timberline Road that is currently not a dedicated
street right of way. The portion of street is in the
Kingfisher Point Natural Area north of Prospect
Road and South of Mulberry Street. The portion in
question is currently improved to a 4 lane arterial
standard. The site is located in the POL Public
Open Lands zoning district. The request is
submitted pursuant to an Administrative Hearing
Type 1.
Hearing Officer Recommendation: Approval with Conditions
Zoning District: Public Open Lands zoning district
Notice of Public Hearing and
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020