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Home My WebLink AboutEAST RIDGE - FDP: 2014 PROJECT EXTENSION REQUEST - 33-98F - CORRESPONDENCE - APPLICANT COMMUNICATION0 0 jkmr7m:jllm a Mr. Cameron Gloss April 14, 2014 Page 5 If you should have questions with regard to this matter or need additional information, please do not hesitate to contact me. Thank you. Sincerely, /s/Jim Martell James A. Martell JAM:bkr cc: Ms. Darlene Schuster (via e-mail) Mr. Jeff Strauss (via e-mail) Mr. Cameron Gloss April 14, 2014 Page 4 Project and the cost of satisfying the ELCO raw water requirements has made it very difficult to obtain the financing necessary to develop the Project. During the past year, two home builders made offers to purchase the Property, construct the improvements, and develop the Project as approved but neither home builder was able to resolve the problems associated with ELCO's raw water requirements. The Property is now under contract to a statewide home builder that reasonably believes ELCO's raw water requirements can be satisfied and the Project can be developed as proposed. Extending the vested property rights for one additional year to allow the Project to be developed will not be detrimental to the public good because: (i) The Project continues to comply with the applicable zoning standards. (ii) The Project continues to meet all aspects of the Land Use Code. With its application for an administrative extension submitted June 6, 2013 East Ridge submitted a letter from Terence Hoaglund of Vignette Studios verifying that with the amendments to the ODP made in 2012, the FDP was in compliance with the then current applicable general development standards and the applicable LMN zoning district standards. I am not aware of any amendments to the LUC made within the last year that would cause the FDP to no longer comply with the general development standards or zoning standards. The Project will be a benefit to the public because: (i) The Project is proposed for mixed use residential development consisting of single family entry-level homes and multifamily units. As the five part Series recently published by the Fort Collins Coloradoan indicates, there is a strong need in Fort Collins for entry level housing and the City is now landlocked with very few parcels available for such use. (ii) The 17 acre Drainage Detention Pond to be constructed by East Ridge within the Project will be a regional detention pond and will be an essential element of the north Fort Collins master drainage plan. It is my understanding that because East Ridge is requesting an extension of vested rights for a previously approved FDP, a neighborhood meeting is not required. Based on the foregoing, East Ridge respectfully requests that the Planning and Zoning Board extend the term of vested property rights for the Project for one additional year to July 13, 2015. Mr. Cameron Gloss April 14, 2014 Page 3 Project is completely built out will be between 5.5 and 6 dwelling units per net acre (net of parks, streets, wetlands/open space, and commercial tracts). I have attached a copy of page 2 of the recorded subdivision plat designated as the "Outer Boundary" which shows the overall layout of the Project. Based on the design of the Project it will be necessary to install all of the subdivision improvements for the entire Project as part of the development of the residential lots. Compliance with Article 2, Administration: East Ridge has already received two successive administrative extensions. Thus the administrative extension procedure has been exhausted and, pursuant to Section 2.2.11(13)(4) of the LUC, the additional one year extension being requested by this letter must be approved by the Planning and Zoning Board upon a finding that the Project complies with all applicable general development standards as contained in Article 3 of the LUC and the zone district standards as contained in Article 4 of the LUC. The Planning and Zoning Board must also find that either: "(a) the applicant has been diligent in constructing the engineering improvements though such improvements have not been fully constructed; or (b) due to other extraordinary and exceptional situations unique to the property, completing all engineering improvements would result in unusual and exceptional practical difficulties or undue hardship upon the applicant, and granting the extension would not be detrimental to the public good." East Ridge has not commenced construction of the engineering improvements within the Project. Thus subsection (a) quoted above is not applicable. With respect to subsection (b) The Project was initially delayed due to the economic recession. Prior to the recession East Ridge had obtained a commitment for a development loan to pay the cost of constructing and installing all of the engineering improvements for the Project ("the Development Loan"). The Development Loan was withdrawn as a result of the recession. Recently, the Project has been delayed because the Project will be served by the East Larimer County Water District (ELCO) and ELCO changed the manner in which ELCO calculates the yield on Water Supply and Storage Company shares which resulted in a reduction from 84 acre feet per share to 38 acre feet per share. Historically, ELCO has not been willing to accept cash -in -lieu for an entire subdivision and raw water has become much more difficult to acquire. Prospective home builders have been exploring the possibility of redesigning the water system for the Project to include a non -potable system using water from the # 10 Ditch for outdoor use to reduce the amount of water required by ELCO. The combined cost of installing all of the subdivision improvements as part of the initial single family residential portion of the Mr. Cameron Gloss April 14, 2014 Page 2 On June 15, 2012, pursuant to Section 2.2.11(D)(4) of the LUC Laurie Kadrich of Community Development and Neighborhood Services administratively granted a one year extension of the term of the vested property rights to July 13, 2013. At the time of the request for an extension, various amendments were made to the ODP to comply with the then current LUC regulations. On June 11, 2013, pursuant to Section 2.2.11(D)(4) Ted Shepard as Chief Planner granted a second one year administrative extension of the vested property rights to July 13, 2014. Zoning and Surrounding Land Uses: The Project is zoned L-M-N. Current surrounding zoning and land uses are: The property to the east of the Project is zoned L-M-N and is vacant land. The property to the northeast of the Project is zoned L-M-N and is developed as the Waterglen PUD. The property immediately to the north of the Project is vacant land in Larimer County zoned FA-1 Farming. The property to the northwest of the Project is zoned M-M-N. The property to the west of the Project is in Larimer County zoned O-Open and I - Industrial and is developed as both commercial/industrial and residential. The property directly south of the Project is in Larimer County zoned I -Industrial and used as a residence, farm and sand and gravel operation. Project Description: The FDP was approved as a residential subdivision consisting of 384 single family lots, 3 public parks consisting of approximately 12 acres, one large drainage, irrigation, wetlands, open space area of approximately 17 acres ("the Drainage Detention Area"), several smaller drainage and pedestrian easements totally approximately 3.5 acres and several tracts reserved for future development including a neighborhood center and approximately 200-240 multi -family units. The overall residential density when the • LILEY, ROGERS & MARTELL, LLC ATTORNEYS AT L A W April 14, 2014 VIA HAND DELIVERY Mr. Cameron Gloss Planning Manager Community Development and Neighborhood Services City of Fort Collins 281 N. College Avenue Fort Collins, CO 80521 Re: East Ridge Subdivision File #33-98 Dear Cameron: I represent East Ridge of Fort Collins, LLC, a Colorado limited liability company ("East Ridge"). East Ridge is the owner of the property located at the southeast corner of the intersection of East Vine Drive and North Timberline Road platted as East Ridge Subdivision (the "Property" or the "Project"). I have attached a Vicinity Map showing the location of the Property. The purpose of this letter is to request a one year extension of the vested property rights for the Project to July 13, 2015. History and Current Status of the Project: On February 19, 2002, the Property was annexed as the East Ridge Annexation by Ordinance No. 021-2002. The Annexation Ordinance was recorded on May 13, 2002 at Reception No. 2002-0052493 of the Larimer County, Colorado records. The Annexation Plat was recorded the same day at Reception No. 2002-0052494. On August 26, 2005, the Overall Development Plan (ODP) was approved by the Planning and Zoning Board. I have included a copy of the approved ODP. On July 13, 2009, the Final Development Plan (FDP) for the Project was approved by the Director of Planning. A subdivision plat of the Property was recorded July 13, 2009 at reception number 20090047904 of the Larimer County, Colorado records. Pursuant to Section 2.2.11(D)(3) of the Land Use Code (LUC) the FDP was granted a three year term of vested property rights to July 13, 2012. LUCIA A. LILEY • JAMES A. MARTELL ■ TODD W. ROGERS ■ JOSHUA C. LILEY THE PETER ANDERSON HOUSE E 300 SOUTH HOWES STREET ■ FORT COLLINS, COLORADO 80521 TELEPHONE: (970) 221-4455 ■ FAX: (970) 221-4242