HomeMy WebLinkAboutRIGDEN FARM, 14TH FILING - FDP - 56-98AS - CORRESPONDENCE - ADMINISTRATIVE INTERPRETATION (3)0
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FINAL DEVELOPMENT PLAN
RIGDEN FARM, FOURTEENTH FILING
COVER SHEET
FORT COLLINS, COLORADO
LADCO
PROr"TIC5. LLC
AR C H ITECTLI RE
WEST, L.L.C.
R-98 2520
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Brownstones of Rigden farm
ti n„n� Major Amendment to
W Rigden Farm 141h Filing
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.
Interpretation Request #2: 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 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. in the event you disagree, we request you that you cite code
provisions supporting your position.
Please let me know at your earliest convenience if you have determined this application follows the
necessary form and if it is considered to be complete, clear and ready for review. If it is not clear,
complete and ready for review, I would appreciate knowing the deficiencies at your earliest
convenience.
I loop forward to receiving your reply in the near future. Thank you
Sirfcerely,. ,I
Vv V
Tr o ones, A. P., N.C.A.R.B.
Chi f P nner
MTA Planning & rchitecture
608 South Mason Street
Fort Collins, CO 80524
Steve Dush, Director
Community Development & Neighborhood Services
281 North College Avenue
Fort Collins, CO 80524
September 8, 2011
Mr. Dush,
This letter is intended to act as formal "Request for Interpretation" in accordance with the process set
forth in Section 1.41nterpretations, Subsection 1.4.3 Procedures of the Fort Collins Land Use Code. For
reference, I've attached the language of this code section below:
1.4.3 Procedures
(A) Submission of Request for Interpretation. Before on interpretation may be provided by the Director, a Request for
Interpretation must be submitted to the Director in o form established by him or her.
(B) Determination of Sufficiency. After receipt of a Request for Interpretation, the Director shall determine whether the
request is complete, specific, clear and ready for review. If the Director determines that the request is not complete, he or
she shall serve a written notice on the applicant specifying the deficiencies. The Director shall take no further action on the
Request for Interpretation until the deficiencies ore remedied.
(C) Rendering of Interpretation. After the Request for Interpretation has been determined to be sufficient, the Director
shall review and evaluate the request in light of the terms and provisions of this Land Use Code and/or the Zoning Mop,
whichever is applicable, and render on interpretation. The Director may consult with the City Attorney and other City
departments before rendering on interpretation.
(D) Form. The interpretation shall be in writing and shall be delivered to the applicant. Interpretations that are not in
writing shall have no force or effect. Interpretations shall have no precedentiol value and shall be limited in their
application to the property, if any, identified in the interpretation.
(E) Official Record. The Director shall maintain an official record of oil interpretations in the Community Planning and
Environmental Services Department. Such official record shall be available for public inspection during normal business
hours.
(F) Appeal. Appeals of any interpretation under this Section shall be made only in accordance with Division 2.11.
The "Request for Interpretation" is as follows:
Property: This request is with regard to an upcoming major amendment application to Rigden Farm 141h
Filing, which was approved in 2007. We have provided planning staff with a conceptual drawing
showing our intent to amend the approved development to construct 106 multifamily dwelling units on
the site using a residential rowhouse architectural form. The revised conceptual site plan is attached as
Exhibit A. The conceptual architectural character elevations are attached as Exhibit B.
The Issue: It is our understanding that planning staff will not support our amended plan for multifamily
units on Illinois Drive unless the buildings are configured to accommodate future commercial uses. It is
unclear to us which code provisions are being cited to support that position. We feel that the urban
brownstone residential architectural character would be absolutely appropriate for the character of
Illinois Drive. We feel this is entirely consistent with the type of transition envisioned within the NC
zone district. We truly believe that with the inclusion of urban brownstone residential architecture
along the east side of Illinois Drive, it will be a showcase example of a successful implementation of the
concepts of new urbanism.
Interpretation Request #1: 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