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Home My WebLink AboutREGISTRY RIDGE PUD, PHASE I - FINAL - 32-95B - LEGAL DOCS - LEGAL DOCUMENTSEXHIBIT 1 TiG:iEA II TRILBY ROAD I I PARCEL 4 I PARCEL 2 I I H I WI cc W i F 0) 0) : PARCEL 3 WI2 U, foo lo I I � PARCEL 1 I I � I � I � I � PLAN NORTH EXHIBIT 1 Mr. Mike Ludwig March 10, 1997 Page 4 and design, all of which are vested with the Preliminary Plan. The contracts with the City for the purchase of the two open space areas are also contingent on approval of the proposed ODP Amendment and the Final Plan. The Applicant and the Neighbors have worked hard to set aside a lengthy, adversarial process in favor of creating a plan which we believe better addresses compatibility, density, open space, landscaping, transportation and design issues. The plan as proposed is supported by City Staff, the Neighbors and the Applicant, and we urge your approval of the same. By: LAL/glr Attachment cc: John Duval Jim McCory Frank Vaught LeAnn Thieman Sincerely, Lucia A. Liley, attokhey or lco Land Limited Liability C pany Michael M. Shultz, attor for LeAnn Thieman and Citizens for Sensible Community Planning Mr. Mike Ludwig March 10, 1997 Page 3 Open Space Purchases The Preliminary Plan for Registry Ridge achieved points on the Residential Density Chart for dedicating off -site open space to the City. A 71-acre parcel, along with a 31.89-acre parcel illustrated on the attached Exhibit 1 as Parcels 1 and 3, respectively, were deeded to the City and placed in an irrevocable escrow pending final plan approval. Another 47.22-acre parcel (Parcel 2 on the attached Exhibit 1) was dedicated to the City and put into an irrevocable escrow in connection with the Shenandoah Preliminary PUD, approved by the Board in 1996 and scheduled for final approval in March or April of this year. The sale to the City of the 43-acre site (Parcel 4 on the attached Exhibit 1) embodied in the purchase contracts referenced in (7) above completes the acquisition of the approximately 200- acre area designated as a priority purchase in the City's Natural Areas Plan. In addition, the new contract with the City to purchase Parcel N of Registry Ridge allows the City to preserve an area designated in the Corridor Plan and in the Structure Plan as desirable open space. The elimination of Parcel N and the dedication of the park site within Registry Ridge allow the Applicant to reduce overall density in the project while still maintaining the required 3 dwelling units per acre. The Natural Resources Department and both the Natural Resources Board and the Parks and Recreation Board have unanimously recommended approval of all of the dedications and purchases. Dismissal of the Lawsuit After several months of discussion, the Applicant and the Neighbors are in agreement and recommend to the Board the ODP Amendment and the Final Plan for Registry Ridge with the features described above. If both are approved by the Board, the Applicant and the Neighbors will file a joint motion with the District Court to dismiss the lawsuit. We request that the ODP Amendment and the Final Plan be discussed together since the sole purpose of the ODP Amendment is to accommodate the agreed -upon revisions incorporated into the Final Plan. The Applicant proposes the ODP Amendment solely to provide a means to accommodate the Neighbors' concerns in a revised plan, and thus, the ODP Amendment should only be approved if the Board desires to approve the Final Plan. If the Board does not approve the Final Plan, the Applicant will file a new Final Plan consistent with the approved Preliminary Plan as to density, layout Mr. Mike Ludwig March 10, 1997 Page 2 the filed briefs. Prior to the scheduled date of such oral argument, at the initial request of the Neighbors, a series of discussions were held between the Applicant and the Neighbors to explore possibilities for a settlement of the lawsuit. A Memorandum of Understanding was executed January 9, 1997, and oral argument on the briefs was postponed to give the parties the opportunity to negotiate a settlement agreement. A settlement agreement has now been reached between the Applicant and the Neighbors. Settlement Agreement The most difficult issue to resolve has been density. Initially, the Neighbors wanted the Applicant to seek a density variance with the Final Plan, something the City staff would not support. The Applicant and the Neighbors then focussed on other ways to achieve a better plan which is more compatible with the area. The central components of both the Settlement Agreement and the proposed ODP Amendment and Final Plan are as follows: (1) The density on the northern parcels closest to the Neighbors is reduced, and the remaining lots are increased in size; (2) A greater buffer is provided between the larger lots in Registry Ridge and Trilby Road; (3) A landscape plan was developed working with the Neighbors to provide a treelined streetscape with a split rail fence and natural landscaping in the buffer area with rolling, intermittent berms; (4) Ranger Drive is realigned to minimize traffic flow into the neighborhood north of Trilby Road; (5) The commercial area shown on the ODP is reduced from 9.5 acres to a range of 3 to 5 acres; (6) The Applicant and the Neighbors are working with Engineering and Light and Power to develop an appropriate lighting plan along Trilby Road and within the large -lot area of Registry Ridge; and (7) The Applicant has converted option agreements with the City into binding contracts for the purchase by the City of Parcel N of Registry Ridge and an additional 43-acre site located at the southeast corner of Trilby Road and Shields Street to be preserved as open space areas. ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDIES, JR. RICHARD S. GAST LUCIA A. LILEY J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS MARCH & MYATT, P.C. ATTORNEYS AND COUNSELORS AT LAW 110 EAST OAK STREET FORT COLLINS, COLORADO 80524-2880 (970) 482-4322 TELECOPIER (970) 482-3038 March 10, 1997 A RT H U R E. MARCH 1909-1081 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522-0469 Mr. Mike Ludwig, Planner Current Planning Department City of Fort Collins VIA HAND DELIVERY 281 North College Avenue Fort Collins, Colorado RE: Registry Ridge ODP Amendment and Final PUD Dear Mike: This letter is written on behalf of both Dalco Land Limited Liability Company, the applicant and co-defendant with the City of Fort Collins in the lawsuit involving Registry Ridge ("the Applicant"), and LeAnn Thieman and the Citizens for Sensible Community Planning, neighbors in the vicinity of the development and plaintiffs in the lawsuit (collectively, the "Neighbors"). We wish to explain changes in the plan which have occurred since preliminary approval and the context in which we are seeking approval of the ODP Amendment and the Final Plan with such changes. Because a number of new Planning and Zoning Boardmembers have been appointed since the ODP and the Preliminary Plan were initially approved on December 11, 1995, a summary of the Registry Ridge PUD is particularly necessary. Background The ODP and the Preliminary Plan were approved by the Board on a 4-3 vote over the strong objections of the Neighbors, based largely on issues of density and traffic volumes. Although the density proposed was only slightly over the City's required 3 dwelling units per acre, the Registry Ridge property is adjacent to considerable dedicated open space areas and large -lot County development, and the Neighbors believed this density to be incompatible with surrounding uses. The ODP and the Preliminary Plan approvals were appealed to the City Council. At the hearing, the Council, on a 4-3 vote, voted to uphold the approval of the ODP and to overturn the approval of the Preliminary Plan. The Council later decided to reconsider its decision and voted 4-3 to uphold both approvals. The Neighbors then filed suit against the City and the Applicant, seeking to overturn these approvals. The only action remaining in the lawsuit prior to a District Court decision is oral argument on