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Home My WebLink AboutMELDRUM STREET TOWNHOMES - MODIFICATION OF STANDARD - 8-09 - DECISION - MINUTES/NOTESAdministrative Public Hearing Sign -In Project: Meeting Location: ,2Ye N- G44-4--& e- Date: �2 },eGll cQ3, 02 ed � PLEASE PRINT CLEARLY - r"4� < � rr.,� ..'s � Nc �� NOW Q ''; x, :'�'; 'i,,. �� .p r• . Il Ir ql yRwy/e /I• f/�I ;Jf4 sr � -�V►r ��-� \" _� f lip Y _a t. & m pj4 1.2.5 lU. Me.,Whavh $ rJ Lc e vA, 11^ vKtc,4 _ cc, 1. 44 s v Z 8 rr. r v a T Wvv�� `C L Q\S.. �I``le.�r� •� S � . CQB�f -30 J ►rn �ur,1� 313 o YSb hvrr, II (2 tcr,; , c o iff Glnv:S L L l 3 Ld ' C sic) M W M417., AA 7.15 9. M4UCL V, *vg-\i lwn , 6a*va Av- - " ez3e1 &u4-s• vvle_ Dv,- 6(o(a 4v4r1 MBe� i.0G cow c648 -- f-(7 awAV4ilt!a f%��l 1'5- & Meldrum Street Townhomes-Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision March 23, 2009 Page 5 of 5 SUMMARY OF CONCLUSIONS Section 2.8.2 (H), sets forth the applicable review criteria for a Modification. Based upon the flawed notice, which led to the discrepancies of the FAR and building square footages, the necessary findings as outlined in Section 2.8.2 (H) cannot be made. DECISION The Meldrum Street Townhomes — Request for Modification of Standard, #8-09, is hereby continued by the Hearing Officer. Dated this 1 st day of April 2009, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. teven J. Dush, AICP Director of Current Planning Meldrum Street Townhomes-Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision March 23, 2009 Page 4 of 5 2. Land Use Code Sections Requested for Modification Section 4.9(D)(5) of the Code describes the maximum amount of Floor Area Ratio be limited to a maximum of 33% for the rear 50% of the lot(s). The citation is as follows: (D) Land Use Standards. (5) Floor Area Ratio (FAR). Lots are subject to a maximum FAR of thirty- three hundredths (0.33) on the rear fifty (50) percent of the lot as it existed on October 25, 1991. 3. Modification Request The applicant is proposing 42% FAR where 33% is allowed. However, the notice for this public hearing was flawed as the notice identified a FAR request of 38%. . 4. Public Testimony Summary The public testimony received included concerns about the alley access, traffic, dust, trash pick-up, alley pavement, flooding, drainage, parking, density and height. The hearing officer indicated that the request was for in increase of the Floor Area Ratio and that all but the last two concerns would be addressed with a subsequent Preliminary Development Plan (PDP). The last two concerns, height and density, while not a direct modification request, may have bearing on the FAR modification request. However, the information necessary to make the determinations and the flawed notice will require a new hearing to appropriately evaluate the request and determine the impacts if any and they could be mitigated in accordance with the findings as outlined in Section 2.8.2 (H). 5. Evaluation of the Modification Request Relative to the Review Criteria: Since the notice was flawed, an evaluation of the review criteria is moot. Meldrum Street Townhomes-Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision March 23, 2009 Page 3 of 5 Sigrid McClary — 416 Laporte Mark Moore — 742 N Meldrum Street Trista Sigler — 227 N Meldrum Street Inky Everson — 229 N. Meldrum Street Kevin Mroke — 225 N. Meldrum Street Stephen Del Grosso — 229 N. Meldrum Street Erin Hoffman — 219 N. Meldrum Street Ted Hoffman - 219 N. Meldrum Street Jim Burrill — 313 N. Meldrum Street Chris Ray —1113 West Plum Street C-102 Mark Wondzell — 215 N. Meldrum Street Olexa Tkachenko — 204 Walnut Street Charles Mabarak — PO Box 2291 Written Comments: None FACTS AND FINDINGS 1. Site Context/Background Information The surrounding zoning and land uses are as follows: N: N-C-B; Existing multi -family structure S: N-C-B; Existing single family detached dwelling E: D; City of Fort Collins — City Hall West W: N-C-M; Existing single family detached. The four lots are part of Block 52 of the original town plat for the City of Fort Collins. There is no history of any development activity on these lots other than construction of the existing houses. Prior to the adoption of the N-C-B zone district in 1991, the area was zoned R-H, High Density Residential. The applicant has submitted a conceptual plan. As proposed, the concept is to demolish the four existing houses and construct two buildings that would each contain six dwelling units for a total of 12 units. Parking would be provided at -grade under the upper two stories. The two easterly units would face Meldrum Street with the balance facing the internal private driveway. Additional parking would be provided on the west edge along the existing alley. The P.D.P. is subject to review by the Hearing Officer. Meldrum Street Townhomes-Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision March 23, 2009 Page 2 of 5 SUMMARY OF HEARING OFFICER DECISION: Continue and Re -Notice. ZONING DISTRICT: CC — Community 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. HOWEVER, the facts of the notice were flawed. Specifically the amount of coverage identified in the notice was 38% and the actual amount proposed by the applicant was 43%. PUBLIC HEARING The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:00 p.m. on March 23, 2009 in Conference Rooms A and B at 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 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: Ted Shepard, Chief City Planner Emma McArdle, City Planner From the Applicant: Michael Bello — 2309 Sunstone Drive From the Public: Meldrum Street Townhomes-Request for Modification of Standard, #8-09 Administrative Hearing Findings, Conclusions, and Decision March 23, 2009 Page 1 of 5 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: March 23, 2009 Meldrum Street Townhomes — Request for Modification of Standard APPLICANT: Urban Development Partners c/o Michael Bello 1220 South College Avenue, Suite 100 Fort Collins, CO 80524 OWNER: Michael Jensen 1220 South College Avenue, Suite 100 Fort Collins, CO 80524 HEARING OFFICER: PROJECT DESCRIPTION: Steven J. Dush, AICP Director of Current Planning This is a request to modify the standard that requires that in the rear one-half of the lots, there can be no more than 33% of the land area covered by a building or a garage. The request is to increase the building coverage to 43%, however the notice for the public hearing identified 38%. Meldrum Street Townhomes is a proposed project located at 221, 223, 225 and 227 North Meldrum Street. These lots would be consolidated into one project. The property is zoned N-C-B, Neighborhood Conservation Buffer.