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Home My WebLink AboutEAST RIDGE - FDP: 2015 PROJECT EXTENSION REQUEST - 33-98F - SUBMITTAL DOCUMENTS - ROUND 3 - APPLICANT COMMUNICATIONPete Wray, AICP January 27, 2015 Page 3 Compliance with Article 2, Administration: The administrative extension procedure has been exhausted and, pursuant to Section 2.2.11(0)(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 The Development Loan was withdrawn as a result of the recession.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 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 theproblems 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. Hartford Homes believes that the Project needs to be revised to permit the Project to be developed in phases and to provide for greater product diversity. Extending the vested property rights for one additional year to allow the Project to be redesigned and developed will not be detrimental to the public good because: (i) The Project continues to comply with the applicable zoning standards. Pete Wray, AICP January 27, 2015 Page 2 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(0)(4) Ted Shepard as Chief Planner granted a second one year administrative extension of the vested property rights to July 13, 2014. On May 8, 2014 the Planning and Zoning Board granted a one year extension to July 13, 2015. 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- I 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 0-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 FOP 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 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. } • LILEY, ROGERS & MARTELL, LLC ■ ATTORNEYS AT LAW January 27, 2015 VIA HAND DELIVERY Pete Wray, AICP Senior City Planner City of Fort Collins Community Development and Neighborhood Services 281 N. College Avenue Fort Collins, CO 80521 Re: East Ridge Subdivision File#33-98 Dear Pete: 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"). The purpose of this letter is to request a one year extension of the vested property rights for the Project to July 13, 2016. 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. TheAnnexation 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. 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(0)(3) of the Land Use Code (LUC) the FDP was granted a three year term of vested property rights to July 13,2012. On June 15, 2012, pursuant to Section 2.2.11(0)(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 LUCIA A. LILEY ■ JAMES A. MARTELL ■ TODD W. ROGERS ■ JOSHUA C. LILEY THE PETER ANDERSON HOUSE ■ 300 SOUTH HOWES STREET ■ FORT COLLINS, COLORADO 80521 TELEPHONE: (970) 221-4455 ■ FAX: (970) 221-4242 Pete Wray, AICP January 27, 2015 Page 4 (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 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. 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, 2016. If you should have questions with regard to this matter or need additional information, please do not hesitate to contact me. Thank you. Sincerely, n� / r ;Ztp James A. Martell JAM:bkr Enclosures cc: Ms. Darlene Schuster (via e-mail) Mr. Jeff Strauss (via e-mail)