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Home My WebLink AboutINTERCHANGE BUSINESS PARK REPLAT - PDP - 3-10 - DECISION - MINUTES/NOTESInterchange Business Park Second Filing, Project Development Plan, # 3-10 Administrative Hearing Findings, Conclusions, and Decision February 11, 2010 Page 6 of 6 DECISION The Interchange Business Park Second Filing Project Development Plan, # 3-10 is hereby approved by the Hearing Officer without condition. Dated this 11th day of February, 2010 per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Peter Barnes Zoning Administrator Interchange Business Park Second Filing, Project Development Plan, # 3-10 Administrative Hearing Findings, Conclusions, and Decision February 11, 2010 Page 5 of 6 2) The general layout of lots, roads, driveways, utilities, drainage facilities and other services within the proposed development have been previously established in the Interchange Business Park subdivision. 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, access easements, drainage easements, and utility easements as needed to serve the area being platted. The right-of-way for Southeast Frontage Road was previously dedicated by separate documents to the Colorado Department of Transportation (CDOT). Utility Easements have already been dedicated by separate documents and other rights -of -way, access and drainage easements that may be necessary to serve the proposed development on proposed Lot 2 may be incorporated into this re -plat during its final compliance review or will be done by separate document at a later date. 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 Land Use Code. SUMMARY OF CONCLUSIONS A. The Interchange Business Park Second Filing, 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. B. The Interchange Business Park Second Filing, PDP meets the standards located in Section 3.3.1 - Plat Standards of Article 3 - General Development Standards. Interchange Business Park Second Filing, Project Development Plan, # 3-10 Administrative Hearing Findings, Conclusions, and Decision February 11, 2010 Page 4of6 2. Purpose of the Subdivision: The purpose for the re -platting of the Interchange Business Park subdivision plat is to increase the size of Lot 16 (proposed Lot 2) to accommodate a user. The existing lot line is proposed to move 60' to the southwest. The proposed Lot 1 will be 2.79 acres and proposed Lot 2 will be 3.149 acres. Staff has determined that there is no detriment to the development plan associated with the re -platting of the two lots. 3. Article 2 - Administration: The Interchange Business Park Second Filing, 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. 4. Article 3 - General Development Standards: The Interchange Business Park Second Filing, 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 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 as they both front on Southeast Frontage Road, and the side lot lines are substantially at right angles or radial to the street lines. Interchange Business Park Second Filing, Project Development Plan, # 3-10 Administrative Hearing Findings, Conclusions, and Decision February 11, 2010 Page 3 of 6 Written Comments: None FACTS AND FINDINGS This is a request to move a lot line between the properties currently known as Lot -15 and 16 of Interchange Business Park. The intent of this re -plat is to increase the size of proposed Lot 2 (Lot 16 of Interchange Business Park) to accommodate an interested user. A Project Development Plan is currently being reviewed for Air Care Colorado, an entity which intends to use this site for a State -mandated vehicle emissions testing facility. This re -plat request complies with the applicable requirements of the Land Use Code (LUC), specifically the procedural requirements located in Division 2.1 - General Procedural Requirements, Division 2.2 - Common Development Review Procedures for Development Applications, and Division 2.4 - Project Development Plan located in Article 2 - Administration; and, the plat requirements located in Section 3.3.1 - Plat Standards in Article 3 - General Development Standards. COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: C, Commercial in Larimer County; NE: C, Commercial in Larimer County; S: C, Commercial in the City; Dealership W: C, Commercial in Larimer County; E: C, Commercial in the City; 1-25 ramps and agricultural land existing hotel existing Honda Motorcycle existing Furniture Row Shops existing OtterBox warehouse The subject property was platted in Larimer County as part of Interchange Business Park in January, 2001 and annexed into the City as part of Interchange Business Park 3`d Annexation in November, 2005. Interchange Business Park Second Filing, Project Development Plan, # 3-10 Administrative Hearing Findings, Conclusions, and Decision February 11, 2010 Page 2 of 6 SUMMARY OF HEARING OFFICER DECISION: ZONING DISTRICT: C - Commercial 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 February 10, 2010 in NS Venti Conference Room, 2"d floor of 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 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: Emma McArdle, City Planner Andrew Carney, Civil Engineer From the Applicant: Jim Mokler, Realtec From the Public: Emily and Bud Stump, 1780 Georgetown Ct, Loveland, CO Interchange Business Park Second Filing, Project Development Plan, # 3-10 Administrative Hearing Findings, Conclusions, and Decision February 11, 2010 Page 1 of 6 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: February 10, 2010 Interchange Business Park, Second Filing #3-10 Jim Mokler 123 N College Ave. Ste 350 Fort Collins, Colorado 80524 IBP14 Corp. 123 N College Ave. Ste 350 Fort Collins, Colorado 80524 Peter Barnes Zoning Administrator This request is to re -plat Lots 15 and 16 of Interchange Business Park. Both lots are currently vacant. The total acreage is 5.939 acres, Lot 1 proposed as 2.79 acres and Lot 2 proposed as 3.149 acres. There are no proposed physical changes to the existing properties with this replat request. Any future development proposals will be subject to the City's standards at the time of such development proposal. The properties are located in the C, Commercial Zone District. Planning, Development & Transportation Services ,F�ort� Collins of February 16, 2010 Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.416.2740 970.224.6134- fax fcgov. corn Attendee of the Interchange Business Park, Second Filing, # 3-10, Public Hearing, Please find attached to this letter a copy of the Type I Administrative Hearing Findings, Conclusions and Decision for the Project Hearing of Attendee of the Interchange Business Park, Second Filing, # 3-10. Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been mailed to the applicant and any person who provided testimony at the public hearing. This final decision of the Administrative Hearing Officer may be appealed to the City Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14 calendar days of the date of final action February 16, 2010 by the Hearing Officer. The deadline to file an appeal is 5:00 p.m. on Tuesday, March 2, 2010. Guidelines explaining the appeal process, including the Code provisions previously referenced, can be found online at fcgov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office at 300 LaPorte Avenue. If you have any questions about the attached Decision or the appeal process, please contact me at 416-2355. Sincerely, Peter Barnes Zoning Administrator