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HomeMy WebLinkAboutFOSSIL LAKE PDP, 4TH FILING - PDP - 33-01G - CORRESPONDENCE - RESPONSE TO CITIZENOctober 14, 2002 Ms. Hallmark, I understand your frustration. In your e-mail, you asked me what the impact of a petition signed by the Fossil Lake Residents to stop this development would have with the City of Fort Collins. Here is a response to that question: The site of Fossil Lake P.D.P. 4th filing was identified on the original the Fossil Lake P.U.D. First Filing as "Tract A", and was approved in Lorimer County. Since the time of the approval of the Fossil Lake P.U.D. First Filing, the entire subdivision has been annexed into the City. The Fort Collins Land Use Code specifies that any development approval issued in the County will be honored by the City upon Annexation. The development agreement (dated May 13, 1999) between the original developer of Fossil Lake P.U.D. First Filing and Lorimer County on page 2 states the following: "The approved Master Plan and Preliminary Plat of Fossil, Lake PUD consists of two non-contiguous parcels ... The land uses approved for the North Parcel consist of 428 single family lots, 58 patio/townhouse units on Tracts B and C, and a variable use on Tract A of neighborhood service or commercial uses such as daycare, church, office, photo studio, etc. In the event one or more of these types of neighborhood service or commercial uses occurs on the other properties within a 318 mile radius of Tract A, then the Developer shall be permitted to have a maximum of 80 multi -family dwelling units on Tract A." Since the time the development agreement was signed, there has been a neighborhood center constructed within a 3/8 mile radius of Tract A. namely the Fossil Lake PUD's community building and pool complex is located within 1000 feet of tract A. For clarification, 3/8 of a mile is 1,980 feet. The two qualifying uses of this neighborhood center consist of: (1) a "neighborhood recreation facility" in the form of a community swimming pool, and (2) a "place of assembly" in the form of a community assembly room. As a result of this neighborhood center, Tract A of Fossil Lake P.U.D. First Filing is permitted to have up to 80 multi -family dwelling units. I'm afraid that a petition of signatures of opposed neighbors will not have the ability to disallow the developers right to have 80 multi -family dwelling units, however the development must also adhere to our General Development Standards in Article 3 of the Land Use Code, and our Zone District Standards in Article 4 of the Land Use Code. There are several opportunities for public input coming up. A neighborhood meeting will be scheduled shortly, and you will receive a notification. Property owners of record who own property within 750 feet of the proposed development and others beyond that distance who have requested to be included in the notification will be mailed a notice of the meeting, and later the hearing. In order to obtain site specific development plan approval, the proposed development will have to go to a public hearing. You, and other neighbors who have concerns are encouraged to attend and voice your ideas at both the neighborhood meeting and at the public hearing. Finally, neighbor's concerns received in writing are welcome at any point throughout the development review process, and will be included in the packet of information reviewed by the hearing officer prior to the hearing. I hope I answered you question. Sincerely, Troy Jones City Planner