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HomeMy WebLinkAboutDRAKE CROSSING SHOPPING CENTER, FILING 2 REPLAT (TRACT ''A'' & ACCESS, UTILITY & DRAINAGE EASEMENT) - 35-96B - DECISION - FINDINGS, CONCLUSIONS & DECISIONDrake Crossing Shopping Center, Filing No. 2-Subdivision Administrative Hearing Findings, Conclusions, and Decision April 10, 2002 Page 4 of 4 SUMMARY OF CONCLUSIONS A. The Drake Crossing Shopping Center, Filing No. 2 Subdivision is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Drake Crossing Shopping Center, Filing No. 2 Subdivision, satisfies the development standards of the NC zoning district. C. The Drake Crossing Shopping Center, Filing No. 2 Subdivision complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Drake Crossing Shopping Center, Filing No. 2 Subdivision #35-96B, is hereby approved by the Hearing Officer without condition. Dated this 11th day of April 2002, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Glos Current Plann' g Director Drake Crossing Shopping Center, Filing No. 2-Subdivision Administrative Hearing Findings, Conclusions, and Decision April 10, 2002 Page 3 of 4 FACTS AND FINDINGS The surrounding zoning and land uses are as follows: N: RL; existing residential (Valley Forge Condominiums, Brown Farm) S: RL, LMN; existing residential (Heinemann's Spring Creek Subdivision, Hampshire Pond, Hampshire Pond East) W: RL; existing residential (Hampshire Court, Hampshire Square) E: RL; existing church and residential (Fort Collins Bible, Lexington Green) The property is part of the Brown Farm First Annexation that was approved by City Council in June, 1971. The subject property was platted and planned as part of the Drake Crossing Shopping Center Planned Unit Development in March, 1982. 1. Compliance with Article 4 and the NC Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the NC Zoning District. The Staff Report summarizes 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 NC 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 particularly the plat standards of Section 3.3.1. No evidence was presented to contradict the statements and conclusion of the staff report concerning compliance or to otherwise refute the compliance with Article 3. Drake Crossing Shopping Center, Filing No. 2-Subdivision Administrative Hearing Findings, Conclusions, and Decision April 10, 2002 Page 2 of 4 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. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 3:00 p.m. on April 10, 2002 in Conference Rooms C and D 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 discussion 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: Steve Olt, City Planner From the Applicant: Peggy Friesen, Galloway, Romero & Associates Richard Sapkin, Edgemark, LLC From the Public: None Written Comments: None City of Fort Collins Commu. y Planning and Environmental rvic eE Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: OWNER: HEARING OFFICER: PROJECT DESCRIPTION: April 10, 2002 Drake Crossing Shopping Center, Filing No. 2-Sudivision #35-96B Galloway, Romero & Associates c/o Carl Schmidtlein 5350 DTC Parkway Greenwood Village, Colorado 80111 Triple Net Properties, LLC c/o Galloway, Romero & Associates 5350 DTC Parkway Greenwood Village, Colorado 80111 Cameron Gloss Current Planning Director This is a request to replat Tract 'A' and an Access, Utility & Drainage Easement on the existing Drake Crossing Shopping Center subdivision plat into three lots, one being 5.24 acres in size, another being 4.18 acres in size, and the third being 1.54 acres in size. The site is currently developed, being the Drake Crossing Shopping Center (First National Bank Plaza) that contains a Safeway Supermarket, a Walgreens Drug Store, and various other retail, personal service, and office uses. The property (shopping center) is located at the northwest corner of South Taft Hill Road and West Drake Road. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: NC — Neighborhood Commercial Zoning District. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020