HomeMy WebLinkAboutMULBERRY & LEMAY CROSSING, FILING NO. 3 - PDP/FDP - FDP150037 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: January 13, 2016
PROJECT NAME: Mulberry and Lemay Crossings Filing No. 3 Plat
CASE NUMBER: FDP# 150037
APPLICANT: Nick Haws, P.E.
Northern Engineering
301 North Howes Street
Fort Collins, CO 80521
OWNERS: Fort Collins Partners I, LLC
Wal-Mart Real Estate Business Trust
HD Development of Maryland, Inc.
c/o Fort Collins Partners I, LLC
3300 Enterprise Parkway
Beachwood, Ohio 44122
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is a request to replat Lot 2 and Tract A of the Mulberry & Lemay
Crossings Filing No. 2 (the “Subject Property”) into three new lots and one Tract (Lots 1, 2 and 3
and Tract A) within a new filing to be designated as Mulberry and Lemay Crossings Filing No. 3.
The Subject Property is located in the SW ¼ of Section 7, Township 7 North, Range 68 West of the
6
th
P.M., generally north and east of the intersection of East Mulberry Street (State Highway 14)
and South Lemay Avenue.
The Subject Property consists of approximately 13.25 acres.
The proposed plat (Mulberry and Lemay Crossings Filing No. 3) replats the Subject Property into
three lots (Lot 1, consisting of approximately 2.994 acres; Lot 2, consisting of approximately 8.227
acres; and Lot 3, consisting of approximately 0.789 acres).
The Subject Property is located in the General Commercial (C-G) zone district. No new
development is proposed within Filing No. 3.
The surrounding zoning and land uses are set forth at the top of the following page:
2
Direction Zone District Existing Land Uses
North C-G Wal-Mart
South C-G
C (County)
Full-Service Carwash Facility
Miscellaneous Commercial Development along East
Mulberry Street (State Highway 14)
East I Auto Salvage and Drive-Through Coffee Shop
West C-C-R Woodward Office and Industrial Campus
SUMMARY OF DECISION: Approved.
ZONE DISTRICT: (C-G) General Commercial District
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on Wednesday,
January 13, 2016, in Conference Rooms A - D, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding: (1) Planning Department Staff Report for the Mulberry and
Lemay Crossings Filing No. 3 Plat (FDP #150037), including vicinity map; (2) proposed Mulberry
and Lemay Crossings Filing No. 3 Plat (2 Sheets); (3) Affidavit of Publication of the Fort Collins
Coloradoan dated January 4, 2016 evidencing publication of the Notice of Hearing on January 2,
2016; and (4) Notice of Public Hearing dated December 29, 2015.
In addition, the City’s Comprehensive Plan, Code, and the formally promulgated polices of the City
are all considered part of the record considered by the Hearing Officer.
A copy of the Planning Department Staff Report prepared for the Project is attached to this decision
as ATTACHMENT A and is incorporated herein by reference.
TESTIMONY: The following persons testified at the hearing:
From the City: Ted Shepard, Chief Planner
From the Applicant/Owners: Nick Haws, Northern Engineering
From the Public: T.A. Tisthammer, 103 E. Vine, Fort Collins, CO 80524 (did
not provide public comment)
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
3
2. Based on Mr. Shepard’s project summary provided at the public hearing and a review of the
materials in the record of this case, the Hearing Officer concludes as follows:
a. the Application complies with the applicable procedural and administrative
requirements of Article 2 of the Code;
b. the Application complies with the applicable General Development Standards
contained in Article 3 of the Code; and
c. there are no applicable zone district standards in the C-G General Commercial
District that pertain to the subdivision or replatting of the Subject Property.
3. The Application’s satisfaction of the applicable Land Use Code requirements is sufficiently
detailed in the Staff Report, a copy of which is attached as ATTACHMENT A and is
incorporated herein by reference.
DECISION
Based on the findings set forth above, the Hearing Officer hereby approves the application for the
Mulberry and Lemay Crossings Filing No. 3 Plat (FDP #150037) (“Plat”), subject to the following
conditions of approval:
a. The Applicant/Owners shall resolve and correct any technical issues as
directed by City staff prior to recordation of the Plat mylar including but not
limited to including a reference to Tract A (of Filing No. 2
1
) in the Statement
of Ownership and Subdivision on Sheet 1; and
b. The Applicant/Owners shall pay, in full, any and all remaining fees and costs
incurred by the City in review and processing of the Plat application prior to
recordation of the Plat mylar.
DATED this 18
th
day of January, 2016.
___________________________________
Marcus A. McAskin
Hearing Officer
1 Tract A, Mulberry & Lemay Crossings Filing No. 2, having Parcel Number: 87073-48-001 and Schedule No.
R1614835.
4
ATTACHMENT A
Staff Report
Mulberry and Lemay Crossings Filing No. 3 Plat
(FDP #150037)
ITEM NO _____________1__
MEETING DATE January 13, 2016
STAFF Shepard
HEARING OFFICER
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
STAFF REPORT
PROJECT: Mulberry and Lemay Crossings Filing No. 3 #FDP150037
APPLICANT: Northern Engineering
301 North Howes Street
Fort Collins, CO 80521
OWNER: Fort Collins Partners I, LLC
Wal-Mart Real Estate Business Trust
HD Development of Maryland, Inc.
c/o Fort Collins Partners I, LLC
3300 Enterprise Parkway
Beachwood, Ohio 44122
PROJECT DESCRIPTION:
This is a request to replat Lot 2 and Tract A of the Mulberry and Lemay Crossings Filing
No. 2. The land area within the proposed replat is 13.25 acres and is located generally
at the northeast corner of East Mulberry Street and South Lemay Avenue. The intent of
the replat is to further sub-divide the land into three new lots. Lot One would be for the
multi-tenant building at the immediate corner. Lot Two would be for Home Depot and
Lot Three would be for the Guaranty Bank and Trust. Taco Bell/K.F.C. is not a part of
the replat. No new development is planned as a result of this replat. The site is zoned,
C-G, General Commercial.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The request to replat a part of the existing plat is in conformance with the applicable
General Development Standards of Article Three of the Land Use Code. There are no
applicable zone district standards in the General Commercial zone that pertain to the
subdivision or replatting of property.
Mulberry and Lemay Crossings Filing No.3, #FDP150037, Administrative Hearing, January 13, 2016
Page 2
Vicinity Map:
COMMENTS:
1. Background: The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North C-G Wal-Mart
South C-G
C (County)
Full-Service Carwash Facility
Miscellaneous Commercial Development along East
Mulberry Street (State Highway 14)
East I Auto Salvage and Drive-Through Coffee Shop
West C-C-R Woodward Office and Industrial Campus
Mulberry and Lemay Crossings Filing No.3, #FDP150037, Administrative Hearing, January 13, 2016
Page 3
Mulberry and Lemay Crossings Filing No. 2 was approved on November 2, 2001 as a
Planned Unit Development in conjunction with the development and construction of
Home Depot. Since that time, the multi-tenant building at the corner and the Guaranty
Bank were constructed as portions of Filing No. 2.
2. Compliance with Community Commercial (C-G) zone district Standards:
The site is located within the C-G, General Commercial district. There are no zone
district standards that pertain to the platting or replatting of property.
3. Compliance with Article 3 of the Land Use Code – General Development
Standards
A. Section 3.3.1(B)(1) – Lots
Filing No. 3 creates three new lots by reconfiguring existing Lot 2 and Tract A of
Filing No. 2. All new lots will continue to have vehicular access to Lemay
Avenue, East Magnolia Street and 12
th
Street as they do now. The access points
are reserved by dedication of private access easements. There are no public
streets within Mulberry and Lemay Crossings Shopping Center.
B. Section 3.3.1(B)(2) – Lots
There is no new street right-of-way dedicated by this replat as all adjoining public
streets are already fully dedicated to their standards per the Larimer County
Urban Area Street Standards.
The plat also continues to preserve, without change, numerous drainage and
utility easements as necessary to accommodate existing and proposed utilities.
In general, the replat preserves existing utilities and easements and grants and
dedicates additional easements in such a way as to provide adequate area for all
affected utilities.
C. Section 3.3.1(C)(1) – Public Sites, Reservations and Dedications
There are no additional public sites, reservations or dedications needed as a
result of this proposed replat.
Mulberry and Lemay Crossings Filing No.3, #FDP150037, Administrative Hearing, January 13, 2016
Page 4
4. Findings of Fact/Conclusion
A. The request to further subdivide replat Mulberry and Lemay Crossings
Filing No. 2 into a new replat, Mulberry and Lemay Crossings No. 3, for
the purpose of creating three new lots, is in conformance with the
applicable General Development Standards of Article Three of the Land
Use Code.
B. There are no applicable zone district standards in the C-G, General
Commercial, zone that pertain to the subdivision or replatting of property.
RECOMMENDATION:
Staff recommends approval of Mulberry and Lemay Crossings Filing No. 3
#FDP150037.
ATTACHMENTS:
Mulberry and Lemay Crossings No. 3 Replat