HomeMy WebLinkAboutRIGDEN FARM, 14TH FILING - FDP - 56-98AS - CORRESPONDENCE - ADMINISTRATIVE INTERPRETATIONDetermination of Sufficiency pursuant to Section 1.4.3 of the LUC
September 21, 2011
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the Final Development Plan is a reconfiguration of the approved site plan with architectural
revisions for a permitted use. We see no basis in code for a requirement that the building
configuration and/or architecture accommodate specific individual uses. We formally request
that you inform us in writing if you disagree with this interpretation".
I am unclear as to what interpretation you are requesting as you are citing an existing approved
FDP and a proposed amendment, which has not been reviewed. I am requesting that you provide
the following information to provide clarity so I may understand your request:
1. Are you requesting an interpretation for the existing FDP?
2. Are you requesting an interpretation for some future FDP?
3. Are you asking to use portions of the existing FDP for a future FDP without addressing
the full LUC?
4. Please cite the code provision for which you are requesting an interpretation.
Following receipt of the additional information, requested clarity and code citations for in
accordance with Section 1.4.1 of the LUC my authority is to make interpretations of the text of
the LUC and the boundaries of zone districts on the Zoning Map, I will review the
resubmission of request for interpretation in accordance with Section 1.4 of the LUC.
Sincerely,
Steven J. Dush, AICP
Director — Community Development and Neighborhood Services
-2-
Planning, Development & Transportation Services
City`y 0f
Fort
Community Development & Neighborhood Services
College Avenue
Collinsrth
P.O.P.
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134-fax
tcgov.com
September 21, 2011
Troy W. Jones
Chief Planner
MTA Planning and Architecture
608 South Mason Street
Fort Collins, CO 80524
Dear Mr. Jones:
In response to your formal "Request for Interpretation" dated September 8, 2011 and in
accordance with Section 1.4 of the Fort Collins Land Use Code (LUC), I would like to provide
the following Determination of Sufficiency pursuant to Section 1.4.3 of the LUC.
With respect to Interpretation Request #1, additional information is necessary as the request is
not clear or specific and therefore not ready for review. Your formal request is as follows:
"In discussions held on September 6, 2011, you stated that planning staff could not support the
proposed major amendment because it would not be consistent with the approved ODP. It is our
assertion validating consistency with the ODP was part of the Final Development Plan approval,
with the final Development Plan now superseding the ODP. We formally request that you
inform us in writing why the ODP is being cited as a cause for denial once an approved Final
Development Plan is in place."
This request is not clear as I do not know if you are referencing a future development plan and or
the existing development plan as the request seems to ask why staff is denying an approved Final
Development Plan. I am requesting that you provide the following information to provide clarity
so I may understand your request:
1. Please clarify what Final Development Plan you are referring to as being denied.
2. Please cite the code sections for which you are requesting an interpretation
With respect to Interpretation Request #2, additional information is necessary as the request is
not clear or specific and therefore not ready for review. Your formal request is as follows:
"A copy of the Final Development Plan, Rigden Farm, Fourteenth Filing is attached as Exhibit
C. Please notice Item 12 of the General Notes. This note specifies a use, among others,
" '..Multi -Family Dwelling Units and any other future uses for the N-C Zoning District".
Further, there are no restrictions listed that would disallow any of the uses from the east side of
Illinois Drive. It is our interpretation of this Note to mean that the developer has the right to
construct multifamily dwelling units on any, or all, of the property. The proposed amendment to