HomeMy WebLinkAboutSCENIC VIEWS PUD - FINAL ..... APPEAL TO CITY COUNCIL - 3-96A - CORRESPONDENCE - APPEAL TO CITY COUNCIL (3)3.
Steven Hazel, 8332 Mummy ar e RoaM,I Ft. Collins, CO. 80525
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593-0082 Signed "2 ; 1Y I .........
Party -in -interest; spoke at the Board, Meeting
Tara Hazel, 8332 Mummy
593-0082 Signed
Party -in -interest; spoke
lins, CO. 80525
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The small detention pond of the original plan design, submitted at
the Neighborhood Meeting and to the Board at preliminary was a part of a
designated Neighborhood Park, which has since become more and more a
neighborhood hazardous waste holding facility. This so-called park is, in
its present incarnation, a 3 acre,16 foot deep hole in the ground that is
proposed to function really as a stormdrainage pollution waste filtration
system. It is an unworkable attempt at solution to procedural errors at
the beginning of this process, when the required stormwater utility stamp
was wrongly affixed to the preliminary approval, when the necessary
easements were never there.
This dangerous retention pond is not a park, and it was a park that
the Board and the neighborhood was shown, and it was a park which
granted this developer 10 points of density that allowed him to process a
preliminary plan that is of a much greater density than currently exists in
the surrounding neighborhood, and that is of a much greater density than
would be allowed if this project is considered under the newly approved
city land use plan. These points were recently modified to 8, but
questions arise as to whether the proposed density would have made
preliminary, which has obvious effects on final approval.
We have real concerns with safety hazards of the pond, concerns
with the effects on water volumes in the ditch, volumes in the
groundwater basin, destruction and sizing of an existing wetlands, and
water volumes in the down slope agricultual ponds that could be effected
by this retention pond. We are not satisfied with the HOA being left with
monitoring of the experiment. The other critical unresolved substantive
issue is water quality.
Appellants: Bill Roberts, 2922 W. Eliz be t , F-�t. ,Co lins, CO. 80521
221-4086 Signed ��{ (�?-------------
Party -in -interest; spoke at Board Meeting
Dennis Stenson, 2820 W. Eli Labet,�h St., F . Collins, CO. 80521
482-3448#2 SignedLN _____ _ _ _
Party -in -interest; Representitive of Rogers Park Neighborhood
Mary Davidson, 2212 Charolais, Dr--:- t. Coll' s, CO. 80526
493-2425 Signed _-
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Party -in -interest; spoJce at e Board Meeting]
MAR 2 41997 D
� I
March 24,199
CITY CLERK
The undersigned parties -in -interest herebv submit this Notice of
Appeal to the Citv Council for the Citv of Ft. Collins. This Appeal concerns
the actions of the City of Ft. Collins, Planninq and Zoninq Board ("P and Z
Board") on March 10,1997 to approve the Final Plan for the "Scenic Views"
P.U.D.
The qrounds for appealinq the matter of the P and Z Board's Final
approval of the referenced project are based on Sec. 2-48(2) of the Citv
Code; that the P and Z Board failed to properly interpret and apply the
relevant provisions of the Code and Charter.
Specifically, the LDGS Sec.29-526, paragraph D. (Review
Criteria);(1)(d) Neighborhood Compatibility Criteria,_states that the
..."appropriateness of intensity, as well as the need for mitigation, must
be interpreted in the context of the neighborhood's character"..., and in (e)
Engineering Criteria, that "criteria relate to provisions of basic services
and avoidance of hazards... for public health safety, and welfare.
...Preliminary and final plans shall comply with these criteria." Also,
(b)Land Use Conflicts Chart with consideration to proposed retention
pond's..." access; and safety."
Specific elements of the Community -Wide Criteria were
misinterpreted as follows:
Sec.A-1.2 Comprehensive Plan; policies #11, 20, 43b. and c., and 97
of the Comprehensive Plan, Land Use Element, as amended March 1990.
Sec.A-1.5 Ecologically sensitive areas; A-1.6 Lands of Agricultural
Importance; A-1.9 Water Quality; A-2.3 Natural' Features; A-2.18
Hazardous Materials; A-3.2 Design Standards; and A-3.3 Water
Hazards.
Our points fall into two categories; the first being of the failure to
follow proscribed city rules of procedures as it applies to elements of the
LDGS, and the second category of concerns relates to substantive issues
which are parts of the project, and which we strongly feel put the
neighborhood at risk . The categories are very much related and overlap.
PLANNING
City Clei.
City of Fort Collins
NOTICE
The City Council of the City of Fort Collins, Colorado, on Tuesday, May 13, 1997 at 6:30 p.m. or
as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall
at 300 LaPorte Avenue, will hold a public hearing on the attached appeal from the decision of the
Planning and Zoning Board made on March 10, 1997 regarding the Scenic Views PUD (#3-96A)
filed by Bill Roberts, Dennis Stenson, Mary Davidson, Steven Hazel, Tara Hazel, Evelyn Anderson,
and Phil Hackney. You may have received previous notice on this item in connection with hearings
held by the Planning and Zoning Board.
If you wish to comment on this matter, you are strongly urged to attend the hearing on this appeal.
If you have any questions or require further information please feel free to contact the City Clerk's
Office (221-6515) or the Planning Department (221-6750).
Section 2-56 of the Code of the City of Fort Collins provides that a member of City Council may
identify in writing any additional issues related to the appeal by May 2. Agenda materials provided
to the City Council, including additional issues identified by City Council members, will be available
to the public on Thursday, May 8 after 10:00 a.m. in the City Clerk's Office.
The City of Fort Collins will make reasonable accommodations for access to City services,
programs, and activities and will make special communication arrangements for persons with
disabilities. Please call the City Clerk's Office (221-6515) for assistance.
Wanda M. Krajicek
City Clerk
Date Notice Mailed:
April 29,1997
cc: City Attorney
Planning Department
Planning and Zoning Board Chair
Appellant/Applicant
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6515 • FAX (970) 221-6295