HomeMy WebLinkAboutMANHATTAN TOWNHOMES - MODIFICATION OF STANDARD - MOD130003 - DECISION - MINUTES/NOTES1
2/11/2014
Q:\USERS\FORT COLLINS LAND USE\MANHATTAN\DECISION.DOC
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: January 30, 2014
PROJECT NAME: Manhattan Townhomes, Modification of Standard
CASE NUMBER: MOD #130003
APPLICANT: Cathy Mathis
The Birdsall Group
444 Mountain Ave.
Berthoud, CO 80513
OWNER: ELKCO Properties, Inc.
1873 S. Bellaire Street #1105
Denver, CO 80222
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request for a Modification of Standard of Section
4.5(D)(1)(b) of the Land Use Code (the "Code") to allow a total of 39 dwelling units resulting in a
density of 17.6 dwelling units per gross acre. If this Modification of Standard is approved, the
applicant intends to file a Project Development Plan incorporating the Modification, which would
require a separate review. The property is 2.21 acres located at 3836 Manhattan Avenue.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: Low Density Mixed-Use Neighborhood (L-M-N)
HEARING: The Hearing Officer opened the hearing at approximately 6:00 p.m. on January 30,
2014, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence:
(1) Planning Department Staff Report; (2) application, plans, maps and other supporting
documents submitted by the applicant; (3) an email from Bob Chaffee dated January 17, 2014; and
(4) an email from Jeremy Conley dated January 25, 2014 (the Code, the Comprehensive Plan and
the formally promulgated polices of the City are all considered part of the record considered by
the Hearing Officer).
TESTIMONY: The following persons testified at the hearing:
From the City: Jason Holland
From the Applicant: Cathy Mathis
From the Public: N/A
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Q:\USERS\FORT COLLINS LAND USE\MANHATTAN\DECISION.DOC
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2. A neighborhood meeting was not required for the Modification request and a meeting was
not held.
3. The Modification of Standard meets the applicable requirements of Section 2.8.2(H) of the
Code.
a. The Modification would not be detrimental to the public good.
b. The Modification will not diverge from the standards of the Code except in a
nominal, inconsequential way when considered from the perspective of the entire
development plan, and will continue to advance the purposes of the Code.
c. The change in gross project acreage from 10.42 acres to 2.21 acres and resulting
increase in density is inconsequential, because the increase does not result in a change in
the overall site plan layout and represents a logical development pattern that is consistent
with the development pattern originally approved for the property.
d. The Modification will continue to advance the purposes of the Code by fostering a
more rational pattern of relationship among residential, business and industrial uses for the
mutual benefit of all, encouraging the development of vacant properties within established
areas and encouraging a wide variety of housing opportunities at various densities that are
well-served by public transportation for people of all ages and abilities.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The Modification of Standard is approved as submitted.
DATED this 11
th
day of February, 2014.
_____________________________________
Kendra L. Carberry
Hearing Officer