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Home My WebLink AboutSPRING CREEK FARMS NORTH, FIRST FILING, FINAL PLAT - PDP - 24-00B - DECISION - FINDINGS, CONCLUSIONS & DECISION-'40 Z z z �/—C3&7 Spring Creek Farms Subdivision Administrative Hearing Findings, Conclusions, and Decision August 11, 2005 Page 5 of 4 DECISION The Spring Creek Farms Subdivision Project Development Plan, #24-0013, is hereby approved by the Hearing Officer without condition. Dated this 22nd day of August, 2005, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Wray m Director of Current tanning Spring Creek Farms Subdivision Administrative Hearing Findings, Conclusions, and Decision August 11, 2005 Page 4 of 4 use of any building shall be permitted until the subdivision plat is filed and recorded in the City of Fort Collins. B. The subdivision plat is in compliance with Section 3.3.1(B) Lots in that: 1) The lots have direct vehicular access to public streets (South Timberline Road and East Drake Road). Lot 1 and Tract A front on public streets (South Timberline Road and East Drake Road). The side lot lines are substantially at right angles or radial to the street lines. 2) The general layout of parcels, driveways, utilities, drainage facilities and other services within the proposed PDP have not been previously established. C. The subdivision plat is in compliance with Section 3.3.1(C) Public Sites, Reservations and Dedications in that: 1) An applicant shall be required to dedicate rights -of way for public streets, drainage easements and utility easements as needed to serve the area being platted. The rights -of -way (ROW) for South Timberline Road and East Drake Road were previously dedicated by separate document. The plat is dedicating drainage and utility easements necessary to serve Lot 1 and Tract A, if approved and filed. 2) Reservation of sites for flood control, open space and other municipal uses shall be made, as necessary, in accordance with the requirements of this LUC. SUMMARY OF CONCLUSIONS A. The Spring Creek Farms Subdivision Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). A. The Spring Creek Farms Subdivision, PDP meets 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 in Article 2 - Administration of the LUC. B. The Spring Creek Farms Subdivision, PDP meets the plat standards located in Section 3.3.1 - Plat Standards of Article 3 - General Development Standards of the LUC. Spring Creek Farms Subdivision Administrative Hearing Findings, Conclusions, and Decision August 11, 2005 Page 3 of 4 Peggy Grice, 2254 Eastwood Dr. Written Comments: None FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows: N: T; commercial S: RL; existing residential E: RL; existing residential W: LMN, MMN existing and approved mixed -use residential The property was annexed into the City in 2003 as part of the Timberline Annexation in November, 1997. 2. Article 2 - Administration: The Spring Creek Farms Subdivision, PDP 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 in Article 2 - Administration. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Spring Creek Farms Subdivision, PDP complies with the applicable requirements of the LUC, specifically the plat requirements located in Section 3.3.1 - Plat Standards in Article 3 - General Development Standards. A. The subdivision plat 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 Spring Creek Farms Subdivision Administrative Hearing Findings, Conclusions, and Decision August 11, 2005 Page 2 of 4 ZONING DISTRICTS: LMN- Low Density Mixed Use Neighborhood, MMN — Medium Density Mixed -Use Neighborhood, and E — Employment Zoning Districts. STAFF RECOMMENDATION: Approval 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. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:00 p.m. on August 11, 2005 in Conference Room B and C 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; and (4) a sign up sheet of persons attending 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: Steve Olt, City Planner Susan Joy, Civil Engineer I From the Applicant: John Gooch, applicant From the Public: City of Fort Collins Comm. .ity Planning and Environments ervices 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: August 11, 2005 Spring Creek Farms Subdivision Project Development Plan #24-00B SC Group Investments, LLC C/o Brock Chapman, Vice -President 6300 Syracuse Way, Suite 293 Englewood, CO 80111 Santec Consulting Services, Inc. C/o Jim Allen -Morley 209 South Meldrum Street Fort Collins, CO 80521-2603 Pete Wray Interim Director of Current Planning The Applicant has submitted a request to create a subdivision plat for a 51.05 acre property. The subdivision plat contains Lot 1, Tract A, and street right-of-way for portions of 3 streets. The property is currently undeveloped and is located at the northwest corner of South Timberline Road and East Drake Road. It is in the LMN - Low Density Mixed -Use Neighborhood, MMN — Medium Density Mixed -Use Neighborhood, and E — Employment Zoning Districts. SUMMARY OF HEARING OFFICER DECISION: Approval 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020