SITE DATA
Location Description:
Located at 900 E. Stuart
Sign Number:
181
Sign Posting Instructions:
Located at 900 E. Staurt St.
North:
E Prospect Rd
South:
E Drake Rd
East:
S Lemay Ave
West:
S College Ave
Zoning 1:
LMN--Low Density Mixed-Use Neighborhood District
GENERAL
Res, Com, Ind or Mixed:
Residential
Subdivision Plat:
With Plat
DATES
Conceptual Review:
11/17/2014
Conceptual Review Meeting:
Yes
Neighborhood Meeting Date:
12/18/2014
Neighborhood Meeting:
Yes
Project Submittal Date:
03/04/2015
Project Expiration Date:
12/15/2015
Hearing Date:
06/25/2015
Hearing Type:
Type 1
Decision Date:
07/10/2015
Decision:
Approved w/Conditions
Conditions of Approval:
DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. The River Modern Project Development Plan (PDP#150005) is approved for the subject
property as submitted, subject to conditions set forth below.
B. The Article 3 Modifications (Request for Modification of Section 3.5.2(E)(2) and Section
3.6.2(N)(1)(c) of the Land Use Code) are approved for the subject property.
C. The Applicant shall submit a final plan for the subject property within three (3) years of the
date of this decision. If Applicant fails to submit a final plan to the City within said three (3)
year period, this PDP approval shall automatically lapse and become null and void in
accordance with Section 2.2.11(C) of the Code.
D. In accordance with Section 2.2.11(C) of the Code, the PDP shall not be considered a site
specific development plan and no vested rights shall attach to the PDP.
E. The Applicant shall cooperate with all adjoining neighbors along the east and west property
lines of the subject property to establish fence heights ranging between four feet (4’) and six
feet (6’).
F. The Applicant shall provide an ecological survey to the City’s Environmental Planner, which
survey: (1) will be prepared by a professional qualified in the area of wildlife biology; (2)
shall document the existence of active Red-tailed or Swainson’s Hawk nests on the entire
4.36 acre subject property; and (3) shall be subject to the review and approval by the City.
The survey shall be completed and provided to the City at least sixty (60) calendar days prior
to the commencement of any construction activity on the subject property.
G. If Red-tailed or Swainson’s Hawks are determined to be nesting on the subject property, the
development of the subject property shall be subject to the requirements of Section
3.4.1(N)(5)(c) of the Land Use Code, including the requirement that a temporary limits of
development line of a four hundred and fifty foot (450’) radius shall be established from all
active nest sites during the period from February 15 to July 15 of the first year of a multi-
year construction project.
DATED this 10th day of July, 2015.
___________________________________
Marcus A. McAskin
Hearing Officer
RESOLUTION 2015-081
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW
REGARDING THE APPEAL OF THE ADMINISTRATIVE HEARING OFFICER
MARCUS MCASKIN DECISION APPROVING THE RIVER MODERN PROJECT
DEVELOPMENT PLAN
That adoption of this Resolution shall constitute the final action of the City
Council in accordance with city Code Section 2-55(g).
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st
day of September, A.D. 2015.
Council Appeal Date:
08/18/2015
Council Appeal Decision:
Approved
Appeal Period End:
07/24/2015
PDP Approval Date:
09/01/2015
BUILDING AND SITE
Residential:
18541
Commercial:
10305
Single Family Attached:
30
Gross Density:
6.88
Net Density:
8.10
Residential Area:
18541
Commercial Area:
10305
Gross Area:
190081
Residential Area Acres:
0.4256
Commercial Area Acres:
0.2366
Gross Area Acres:
4.3637