HomeMy WebLinkAboutMANHATTAN TOWNHOMES - PDP - 34-04 - DECISION - MINUTES/NOTES26
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Manhattan PDP
Administrative Hearing
Findings, Conclusions, and Decision
January 13, 2005
Page 5 of 5
DECISION
The Manhattan Project Development Plan, #34-04 is hereby approved by the
Hearing Officer subject to the following condition:
The Applicant shall provide a financial guarantee in the amount sufficient to pay for the
construction of an 8 foot -wide concrete multi -use path, in accordance with the City's
adopted design standards, connecting Tract 1 with the proposed, future Mason Corridor
multi -use path.
Dated this 14th day of January 2005, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
ameron GI
Current Plan mg Director
Manhattan PDP
Administrative Hearing
Findings, Conclusions, and Decision
January 13, 2005
Page 4 of 5
3. Compliance with Article 3 of the Land Use Code — General Development
Standards
The Project Development Plan complies with all applicable requirements of
Article 3, including the plat standards of Section 3.3.1, and no evidence was
presented to contradict the statements and conclusion of the staff report
concerning compliance or to other refute the compliance with Article 3.
There was some discussion during the public hearing regarding the naming
conventions applied to the various plans submitted, including the subdivision plat,
site plan, landscape plan, and architectural elevations. An expressed interest of
all parties was a consistent application of plan titles that reflect adopted naming
practices.
SUMMARY OF CONCLUSIONS
A. The Manhattan Project Development Plan is subject to administrative review and
the requirements of the Land Use Code (LUC).
B. The Manhattan Project Development Plan complies with all applicable district
standards of Section 4.4 of the Land Use Code, (LMN) Low Density Mixed Use
Neighborhood zone district, except the requirements of Section 4.4(E)(3).
C. With respect to the Modification to Subsection 4.4(E) (3), the 2 Y2 story height
limit:
1. Granting the requested modification would not be detrimental to the public
good and would not impair the intent and purposes of the Land Use Code.
2. Proposed 3 story building heights will advance or protect the public
interests and purposes of the standard for which the modification is
requested equally well than would a plan which complies with the standard
for which the modification is requested in that the natural topography, off -
site grading, height of adjacent structures and wide road right-of-way
mitigates the impact of the additional height.
D. The Manhattan Project Development Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code
Manhattan PDP
Administrative Hearing
Findings, Conclusions, and Decision
January 13, 2005
Page 3 of 5
FACTS AND FINDINGS
1. Site Context/Background Information
N: C- commercial (Park South Commercial Plaza)
S: LMN- single and multi -family residential (Southglen 4t" filing)
E: C- retail (South Mason St. & South College commercial areas)
W: RL- single family residential (SouthGlen, 1 st filing)
The property was annexed in July 1978 as part of the Horsetooth-Harmony
Annexation. One 8-plex exists on the property.
2. Compliance with Article 4 and the LMN — Low -Density Mixed Use
Neighborhood Zoning District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the LMN zone district except for the maximum building height
standard where the applicant is seeking a request for modification.
The Hearing Officer has reviewed the request for modification to the maximum
height standard and found that the natural topography, off -site grading and height
of existing adjacent structures help to offset the additional height. Adjacent
properties most heavily impacted by the development are single family houses
that lie directly to the west, northwest and southwest. All of these units have a
much higher base floor height due to their raised basements, site grading and the
overall natural gradient to the west. There is also significant visual separation
between the east and west sides of Manhattan Avenue due to the relatively wide
public right-of-way. Therefore, the resulting ridgeline height of proposed units
will be a relatively close match to the heights of other nearby residential units.
The Staff Report summarizes the PDP's compliance with these standards and no
specific evidence was presented to contradict or otherwise refute the compliance
with Article 4 or the LMN District Standards. In particular, the attached single
family (townhouse) residential units are permitted within the LMN zone district
subject to an administrative review. The proposed building locations and
orientation meet the applicable standards and the building height is compatible
with the character of the surrounding area (see above).
Manhattan PDP
Administrative Hearing
Findings, Conclusions, and Decision
January 13, 2005
Page 2 of 5
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 4:45 p.m. on January 13, 2005 in Conference Room A, 281 N.
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;
and (3) a tape recording of the public 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:
Steve Olt, City Planner
From the Applicant:
Jon Prouty
Patricia Kroetch, North Star Design
From the Public:
None.
Written Comments:
None.
City of Fort Collins
Comm__tity Planning and Environmenta- -tervices
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:
January 13, 2005
Manhattan Project Development Plan
(PDP)
#34-04
Lagunitas Companies
c/o Jon Prouty
3944 JFK Parkway, Suite 12E
Fort Collins, CO 80525
Lagunitas Manhattan, Inc.
3944 JFK Parkway, Suite 12E
Fort Collins, CO 80525
Cameron Gloss
Current Planning Director
The Applicant has submitted a request to 30 townhome-style dwelling units within five
separate, detached buildings and inclusion of an existing 8-plex on two tracts of land
totaling 10.42 acres. All development will occur on Tract 1; Tract 2 will remain
perpetually undeveloped and will be encumbered by a drainage easement. The
application includes a request to modify the height standards. Proposed building heights
are 3 stories where a maximum of 2'/2 stories is permitted within the zone district.
SUMMARY OF HEARING OFFICER DECISION: Conditional Approval
ZONING DISTRICT: LMN — Low Density Mixed -Use Neighborhood
STAFF RECOMMENDATION: Approval
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020