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Home My WebLink AboutHARMONY SCHOOL SHOPS 5TH FILING, BEING A REPLAT OF LOTS FOUR, FIVE, SIX AND SEVEN OF THE 4TH FILING - PDP - 42-89K - CORRESPONDENCE - RESPONSE TO CITIZENCommuoy Planning and Environmental Wices Current Planning City of Fort Collins September 1, 2006 Dear Participant in the Harmony School Shops 5th Filing, a Replat of Lots 4,5,6 and 7 Public Hearing: Enclosed is a coXy of the Type I Findings, Conclusions, and Decision for the Harmony School Shops 5 Filing, Being a Replat of Lots Four, Five, Six and Seven of the 41h Filing, File #42-89K, approving the requested replat of Lots 4-7. This final decision may be appealed to the City Council in accordance with Section 2-48 of the Code of the City of Fort Collins. The appellant must submit written notice of appeal, reasons for the appeal and a filing fee of $100 to the City Clerk's Office within 14 days of the date of final action by the Hearing Officer. The City Clerk will place the item on the Council agenda for hearing as expeditiously as possible. Written notice of an appeal from a final decision of the Hearing Officer to the City Council is given by the City Clerk to the appellant, the applicant and all other parties -in - interest 14 days prior to the date set for the hearing. An appeal of the Hearing Officer's final decision is based on the minutes of the proceedings at the Administrative Hearing and any other materials received by the Hearing Officer. New evidence may not be considered on an appeal. The City Council may uphold, overturn, or modify the decision of the Hearing Officer. If you have specific questions about the appeal process, please contact me at 221-6750. Sincerely, T Ted Shepard Chief Planner 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 iiii City of Fort Collins Commuw Planning and Environmental Swices 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: August 21, 2006 Harmony School Shops 5th Filing, Being a Replat of Lots Four, Five, Six and Seven of the 4th Filing, Project Development Plan (PDP) #42-89K JR Engineering 2620 East Prospect Road Fort Collins, CO 80525 AVG — Harmony, LLC c/o John Mountjoy 209 South 9th Street Omaha, NE 68102 Cameron Gloss Current Planning Director This is a request to replat a portion of the Harmony School Shops community shopping center. Presently, Harmony School Shops 4th Filing is platted into nine lots. With the proposed 5th Filing Replat, Lots Six and Seven would be consolidated into one single lot. Lots Four and Five would be slightly modified. The purpose of the Replat is to provide a larger single lot for Walgreen's Drugstore. Walgreen's is proposing to build a 14,500 square foot retail store with a drive -through facility on 2.3 acres in the southeast corner of the shopping center. This single building on one larger consolidated lot would replace two proposed smaller buildings on two lots. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Harmony School Shops 5'h • Administrative Hearing Findings, Conclusions, and Decision August 21, 2006 Page 2 of 6 The Walgreen's proposal is being processed separately as a Minor Amendment to the approved plan and is not subject to a public hearing. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: H-C, Harmony Corridor 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 5:00 p.m. on August 21, 2006 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 (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: Ted Shepard, Chief Planner From the Applicant: Erik Schneider, JR Engineering Harmony School Shops 5'r, • • Administrative Hearing Findings, Conclusions, and Decision August 21, 2006 Page 3 of 6 From the Public: Bill Sallaz and Sherri Barber, 4342 Winterstone Drive Brian Bowden, 4417 Silverstone Court Written Comments: None. FACTS AND FINDINGS 1. Site Context N: R-L; Existing Single Family Neighborhood (Sunstone Village 8t" Filing) S. H-C; Existing Medical Office Campus E: H-C; Vacant E: L-M-N; Existing Mobile Home Park W: H-C; Vacant (site of the former Harmony Store) W: U-E; Existing Large Lot Residential (Harmony Half Acres) The parcel is part of a larger tract that was annexed in 1977 as part of a series of annexations to bring in the Hewlett-Packard property. The P.D.P. is part of the Timberline Farm O.D.P. and Harmony School Shops Community Shopping Center. The following approvals have been granted: • The Timberline Farm O.D.P. was approved in 1989 and designated the site as a "Community Shopping Center." • The parcel was rezoned from R-L-P (with P.U.D. condition) to E-P (Employment Park) in 1992 in order to implement the original Harmony Corridor Plan. • The parcel was designated "Mixed -Use Activity Center" and "Potentially Neighborhood Service Center or Community Shopping Center" in 1995 as part of the Amended Harmony Corridor Plan. • A Preliminary P.U.D. for the entire 20-acre shopping center was approved in 1995 and has since expired. Timberline Corner Store (Diamond Shamrock) P.U.D. was approved in 1996. • Harmony School Shops First Filing (Harmony School) P.U.D. was approved in March of 1997. Harmony School Shops 5th • Administrative Hearing Findings, Conclusions, and Decision August21, 2006 Page 4 of 6 • The parcel was again rezoned from E-P to H-C (Harmony Corridor) in March of 1997 to implement City Plan. • Harmony School Shops Second Filing (68,000 square foot retail store) was approved in May of 1997 and has since expired. • Harmony School Shops Third Filing (child care center and two office buildings) was approved on July 20, 2001. The child care center was subsequently amended to allow a bank with drive -through facilities. • Two stand-alone Modifications were granted in conjunction with an Albertsons supermarket on Harmony School Shops 4th Filing, "Timberline Village" Community Shopping Center on September 5, 2002. • Harmony School Shops 4th Filing, "Timberline Village" Community Shopping Center (15.87 acres, 109,583 square feet, nine buildings) was approved on August 21, 2003. 2. Compliance with Article 4 and the HC Zoning District Standards: The are no land use or development standards within the HC district standards of the Land Use Code that pertain to the platting or replatting of property. One nearby property owner provided testimony at the hearing indicating a concern for potential negative impacts to the surrounding area associated with the Walgreen's drugstore hours of store operation. Review of the limitations placed on the Neighborhood Service Center designated properties within the Harmony Corridor (HC zone district), shows that hours of operation are limited to 5:00 a.m. to 12.00 a.m. This restriction is noted on the approved Timberline Village Final Plan that governs the site. Therefore, the proposed Walgreen's is limited in its hours of operation as specified in the Harmony Corridor Plan. Approval to extend the hours can only be granted by the Planning and Zoning Board. The Standards and Guidelines state: "Extended hours may be permitted by the Planning & Zoning Board if evidence is submitted by the applicant to demonstrate that the extended hours will not create an unreasonable disruption or intrusion upon the adjacent residential neighborhood due to exterior lighting, noise and automobile traffic." Harmony School Shops 5" Administrative Hearing Findings, Conclusions, and Decision August 21, 2006 Page 5 of 6 While these comments raise a valid point about the restrictions on hours of operation, the Hearing Officer has no authority to the mandate that the Applicant provide restrictions on the hours of operation as a condition of replat approval since this finding would fall outside the review criteria available for such action as found in the LUC. The Hearing Officer notes that the restricted hours of store operation required within the HC zone district will be a condition of the Walgreen's Minor Amendment to the Harmony School Shops PDP application presently under review by the City through a separate process. 3. Compliance with Article 3 of the Land Use Code — General Development Standards A. Section 3.3.1 (B) — Lots The plat provides for direct vehicular access from a street (Harmony Road and Milestone Drive), and the resulting lot lines are substantially at a right angle or radial to the street. Therefore, this standard has been met. B. Section 3.3.1 [C] (1) - Public Sites, Reservations, and Dedications The plat indicates that dedications for drainage and utility easements are provided as needed to serve the lot. The access points are reserved by dedication of private access easements. Testimony was offered at the hearing by three neighboring residential landowners. During the testimony, residents relayed the neighborhood's continued concern about potential exacerbation of existing neighborhood cut - through traffic. Some discussion during the hearing included support for the installation of traffic calming measures aimed at mitigating perceived traffic impacts. Although the Hearing Officer finds that neighboring properties could potentially be impacted by traffic generated by future development on the subject property, this administrative decision is limited to the proposed consolidation and replatting of subdivided lots and must be judged under the existing applicable regulations of the City of Fort Collins Land Use Code. These regulations provide sufficient specificity to determine that the Applicant and Owner have designed the replat in conformance with the applicable regulations and there is no authority for the Hearing Officer to mandate that the Applicant or Owner exceed the minimum requirements. Harmony School Shops 5ch Administrative Hearing Findings, Conclusions, and Decision August 21, 2006 Page 6 of 6 SUMMARY OF CONCLUSIONS A. The Harmony School Shops 5th Filing, Being a Replat of Lots Four, Five, Six and Seven of the 4th Filing Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Harmony School Shops 5th Filing, Being a Replat of Lots Four, Five, Six and Seven of the 4th Filing Project Development Plan satisfies the development standards of the HC zoning district. C. The Harmony School Shops 5th Filing, Being a Replat of Lots Four, Five, Six and Seven of the 4th Filing Project Development Plan complies with all applicable General Development Standards, including the Plat Standards, contained in Article 3 of the Land Use Code. DECISION The Harmony School Shops 5th Filing, Being a Replat of Lots Four, Five, Six and Seven of the 4th Filing Project Development Plan #42-89K, is hereby approved by the Hearing Officer without condition. Dated this 31 st day of August, 2006 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. meron Gloss/current Planning Director