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B. The proposed plan qualifies for a Type 1, Administrative Review under the
Land Use Code.
C. The Plat of the Turning Point Property at 801 South Shields Street meets
the plat requirements located in Section 3.3.1 - Plat Standards located in
Article 3 - General Development Standards.
DECISION
Based on the findings and conclusions, the request to plat the property at 801
South Shields Street, known as the Turning Point Plat, File # 12-99 is approved.
Dated this 21 st day of September, 1999, per authority granted by Sections
1.4.9(E) and 2..1 of the Land Use Code.
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Robert E. Blanchard, AICP
Current Planning Director
docfil\hearings\12-99. h rg
access to a public street (West Plum Street), and the side lot lines are
substantially at right angles to the street lines.
2) The general layout of lot, roads, driveways, utilities, drainage facilities
and other services within the proposed development were established
with the original development of the property in 1959. The applicant is
providing additional utility, pedestrian, and emergency easements to
those that currently exist.
C. The plat is in compliance with Section 3.3.1(C) Public Sites,
Reservations and Dedications in that:
1) The 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 for West Plum and South
Shields Street exist (according to the city's Engineering Department)
with adequate right-of-way, therefore this applicant is not being
required to provide any additional right-of-way. The existing utility
easement along South Shields is being increased from an existing
condition of three (3) feet to a total width of fifteen (15) feet. A new
nine (9) foot utility easement along West Plum is being provided.
2) Reservation of site's other municipal uses shall be made in
accordance with the requirements of this Land Use Code. The
applicant is being required to provide a 5.33 foot wide pedestrian
access easement overlapping the utility easement along West Plum
Street. This will allow a new eight (8) foot wide sidewalk (2.67 feet of
which will be on public right-of-way, and 5.33 feet of which will be on
the site). The applicant is also being required to designate the drive
isle on the plat (as shown on the conditionally approved minor
amendment) as an access and emergency easement.
FINDINGS, CONCLUSIONS AND DECISION
FINDINGS AND CONCLUSIONS
After reviewing the staff report and the record of the public hearing, the Hearing
Officer makes the following findings and conclusions:
A. The Plat of the Turning Point Property at 801 South Shields Street
contains a permitted use and has conditional approval to change the use
of the building to another permitted use in the CC — Community
Commercial Zoning District.
Community Concerns:
None
Applicant Response:
None
City Response:
None
BACKGROUND
This application is a request to create a one lot subdivision. Even though the
property is currently developed, the subdivision is required for an approved
change of use to occur since it had never been subdivided in the past. The LUC
Section 3.3.1(A)(3)(b) specifies that an existing building can undergo a change -
of -use only if it is on property that is platted in accordance with the provisions of
the LUC. A minor amendment was approved on June, 23 1999 which allowed a
change -of -use for 801 S. Shields from "fraternity" to "group home, clinic, and
office" subject to the condition that the property be platted using the city's type 1
review process.
The proposed subdivision was reviewed against Section 3.3.1, Plat Standards,
of the Land Use Code and found to comply with applicable criteria as follows:
A. The plat is in compliance with Section 3.3.1(A) General Provisions in
that:
1) The final 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 plat is in compliance with Section 3.3.1(B) Lots in that:
1) There is no minimum lot size specified in Division 4.14 CC —
Community Commercial Zoning District, the lot has direct vehicular
HEARING OFFICER DECISION: Approval
ZONING DISTRICT: CC — Community Commercial
NOTICE OF PUBLIC HEARING: Notice of public hearing was made on August
31, 1999 by mailing to property owners within
500 feet of the subject property.
The public hearing was advertised in the
Coloradoan on September 10, 1999.
PUBLIC HEARING
After reviewing the Staff Report and recommendation, a public hearing was held
on the subject application at 6:00 PM on September 20, 1999. The hearing was
held in Conference Room A at 281 North College, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE:
The following is a list of those who attended the meeting:
From the City:
Troy Jones, City Planner
From the applicant:
Jim Becker, Executive Director, Turning Point
Rebecca Spears, RB&B Architects
From the Community:
Nathaniel Schulz
Jennifer Rapp
Anthony Robbins
Megan Hadaway
Written Comments. -
No written comments were received prior to the public hearing
1
City of Fort Collins
Commu y Planning and Environmental, .vices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
HEARING OFFICER:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
PROJECT DESCRIPTION:
Bob Blanchard
Current Planning Director
Turning Point Plat
12-99
Rebecca Spears
RB&B Architects
315 E. Mountain Avenue
Fort Collins, CO 80524
This is a request to plat property at 801 South Shields Street. There is an
existing 12,508 square foot, 3 story building on this 25,200 square foot lot. This
site was developed in 1959. At the time of the original development, the
developer was not required to plat the property. The existing building has most
recently been used as a fraternity. The applicant submitted a minor amendment
earlier this year to change the use of the building from a "fraternity" to "group
home, clinic, and office". That minor amendment was approved subject to the
condition that the property be platted.
SUMMARY OF RECOMMENDATION AND DECISION:
STAFF RECOMMENDATION: Approval
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020