HomeMy WebLinkAboutPRESTON-KELLEY 2ND SUBDIVISION - FINAL - 54-88H - DECISION - HEARING OFFICER DECISIONCity of Fort Collins
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CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
HEARING OFFICER:
PROJECT NAME:
CASE NUMBER:
Bob Blanchard
Current Planning Director
Preston -Kelley 2"d Subdivision,
54-88H
APPLICANT: The Sear -Brown Group
c/o Jim Allen -Morley
209 South Meldrum Street
Fort Collins, Colorado 80521
OWNER: Robert M. Shuffler Jr.
3404 East Harmony Road
Fort Collins, CO. 80528
PROJECT DESCRIPTION:
This is a request to create a Not subdivision plat for a property that presently is
the 1-lot Preston -Kelley Subdivision. The existing Hewlett-Packard
office/industrial complex occupies the site, which is located at the northeast
corner of East Harmony Road
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
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SUMMARY OF RECOMMENDATION AND DECISION:
STAFF RECOMMENDATION: Approval with condition
HEARING OFFICER DECISION: Approval with condition
ZONING DISTRICT: HC — Harmony Corridor
NOTICE OF PUBLIC HEARING: Notice of public hearing was made on
September 28, 1999 by mailing to property
owners within 500 feet of the subject property.
The public hearing was advertised in the
Coloradoan on October 7, 1999.
PUBLIC HEARING
After reviewing the Staff Report and recommendation, a public hearing was held
on the subject application at 3.00 PM on October 12, 1999. The hearing was
held in Conference Rooms C and D 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:
Steve Olt, City Planner
Dave Stringer, Project Engineer
From the applicant:
Michael Bello, Hewlett-Packard Company
Jim Allen -Morley, Sear Brown Group
David E. Dwyer, Dwyer, Huddleson & Ray
From the Community:
Kari Arave
Larry Arave
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Written Comments:
None
Community Concerns:
Ms Arave questioned the ultimate size of County Road 9 north of the
proposed subdivision.
Mr. Arave inquired about the ownership of the road between the proposed
subdivision and Woodland Park Estates where they live.
Applicant Response:
None
City Response:
In response to Ms Arave's question, Mr. Stringer indicated that County
Road 9 would transition from four lane to two lanes entirely on the
frontage of the proposed subdivision. The City has decided that County
Road 9 to the north of the proposed subdivision would remain a two lane
road.
BACKGROUND
This is a request to create a 2-lot subdivision for a property that presently is the
1-lot Preston -Kelley Subdivision. The existing Hewlett-Packard office/industrial
complex occupies the site which is located at the northeast corner of East
Harmony Road and County Road 9. The property is zoned HC — Harmony
Corridor.
The majority of the subdivision request was subdivided and platted as the
Preston -Kelley Subdivision with approval by the Planning and Zoning Board on
December 19, 1978. The northeasterly 11.25 acres is currently unplatted. The
purpose for this project is to subdivide the property into 2 lots, one that 94.37
acres in size (Lot 1) and one that is 70.10 acres in size (Lot 2).
The proposed subdivision was reviewed against Section 3.3.1 - Plat Standards
of the Land Use Code.
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) Except with respect to property which is platted as an official
subdivision (or part thereof), 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) There is no minimum lot size requirement in the HC District, each lot
has direct vehicular access to public streets (East Harmony Road
and/or County Road 9), and the side lot lines are substantially at right
angles or radial to the street lines.
2) The general layout of lots, roads, driveways, utilities, drainage facilities
and other services on the property have been previously established
with the Hewlett-Packard office/industrial complex plan and
development of that plan.
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, drainage easements and utility easements as needed to serve
the area being platted.
The rights -of -way for East Harmony Road and County Road 9 were
previously dedicated with the Preston -Kelley Subdivision plat and the
drainage and utility easements necessary to serve this lot will be
dedicated with the Preston -Kelley 2nd Subdivision plat. Future
additional ROW for East Harmony Road and County Road 9 may be
needed on this property if the State and the City determine that street
improvements are required. Staff is recommending a condition of
approval.
2) Reservation of sites for flood control, open space and other municipal
uses shall be made in accordance with the requirements of this Land
Use Code, and generally, the City Code.
At the public hearing, Mr. Dwyer, representing Hewlett-Packard Company,
inquired if the required right of way referenced in the proposed condition of
approval would be purchased by the City or if it would be required without
consideration. Mr. Stringer indicated that the anticipated right of way for County
Road 9 is anticipated to be purchased by the City. Once the ultimate design is
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established for Harmony Road, it is anticipated that whoever owns the adjacent
property would be required to dedicate it. It is anticipated that the additional right
of way for Harmony Road would equate to 11 to 15 feet.
It was clarified that the condition of approval does not establish the ultimate right
of way. Rather, it requires that the City and the property owner(s) meet to
finalize an agreement that the property owner(s) will provide the necessary right
of way on County Road 9 and Harmony Road when needed.
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 Preston -Kelley 2nd Subdivision contains permitted uses in the HC —
Harmony Corridor Zoning District.
B. The Preston -Kelley 2" Subdivision meets the plat requirements located in
Section 3.3.1 - Plat Standards located in Article 3 - General Development
Standards.
C. Additional right of way will be needed for both County Road 9 and
Harmony Road. The provision of this right of way warrants a condition
that the parties meet to resolve any issues about the provision of this right
of way when the ultimate improvements are required.
DECISION
Based on the findings and conclusions, the request to subdivide property known
as the Preston -Kelley 2nd Subdivision, #54-88H is approved with the following
condition:
The owner(s) of Lots 1 and 2 will provide to the City (no later than
December 1, 1999) a signed agreement stating that additional street
ROW for East Harmony Road and/or County Road 9 will be dedicated on
Lots 1 and 2, by separate document(s), at such time that improvements to
either or both of these streets are determined to be needed.
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Dated this 12th day of October, 1999, per authority granted by Sections 1.4.9(E)
and 2..1 of the Land Use Code.
Robert E. Blanchard, AICP
Current Planning Director
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