HomeMy WebLinkAboutMAX FLATS - PDP - PDP120034 - CORRESPONDENCE - (6)Per the requirements of a Type 2 review, a neighborhood meeting is required in order to
present the project to citizens of area neighborhoods for citizens to identify, list and discuss
issues related to the development proposal (Sec. 2.2.2(A)). A neighborhood meeting is
tentatively scheduled for April 10, 2013, pending scheduling with the project applicant.
The project will be added to the Planning and Zoning Board agenda for April 18, 2013.
There may be an opportunity to schedule a Special Hearing of the Planning and Zoning
Board in the event this time frame does not meet your needs.
Please contact me with questions.
Best_ Bards,
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Director of Community Development and Neighborhood Services
2
city
Planning, Development and
®
Transportstion Services
Current Planning
Fort Collins
281 North College Ave.
P.O. Box 580
Fort Collins, CO 80522-0580
970.221.6760
970.224.6134 - fax
fcgo v, oorWcurreniplanning
March 26, 2013
Kevin Brinkman, Brinkman Partners
3003 East Harmony road, Suite 300
Fort Collins, CO 80528
Re: Max Flats Procedural Determination
Greetings Mr. Brinkman,
This letter is to inform you that the project known as Max Flats at 203 West Mulberry
Street (submitted Dec. 12, 2012) has been determined to meet the criteria for review by the
Planning and Zoning Board (Type 2 Hearing).
The section of the Land Use Code (LUC) — amended by ordinance No. 130 2012 on Nov.
20, 2012 _ governing the process for this project in the Community Commercial, District is
Sec. 4.18(13)(3):
(3) The following uses are permitted in the C-C District, subject to review by the Planning
and Zoning Board:
(a) Residential Uses:
2. Any residential use consisting in whole or in part of multi family dwellings that
contain more than, fifty (50) dwelling units, or more than seventy-five (75)
bedrooms.
The project was initially thought to meet the criteria for review by administrative hearing
(Type 1) by considering it to be a mixed -use dwelling (Sec. 4.18(B)(2)(a)(6)). Upon further
review City Staff has determined that there is a conflict between the definitions of mixed -
use dwelling and any residential use consisting in whole or in part of multi family
dwellings...
Thus, LUC section Sec. 1.7.2 regarding conflicts applies:
...the more speck standard, limitation or requirement shall govern or prevail to the
extent of the conflict. If neither standard is more speck, then the more stringent standard
limitation or requirement shall govern or prevail to the extent of the conflict.
City Staff has determined that the two definitions have equal specificity, therefore the more
stringent standard shall govern, hence the requirement for a Type 2 Hearing.
11.