HomeMy WebLinkAboutREGISTRY RIDGE PUD, PHASE I - PRELIMINARY ..... APPEAL TO CITY COUNCIL - 32-95A - REPORTS - CITY COUNCIL0
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the property. Thus, the anticipated net density directly adjacent to the southern edge of
the Registry Ridge site is 2.11 dwelling units per acre.
The land east of the Registry Ridge site (east of Shields and south of Trilby) is in the City
and is zoned R-L-P, Low Density Planned Residential with a P.U.D. condition. The
Ridgewood Hills O.D.P. (formerly the Del Webb O.D.P.) calls for 2,381 dwelling units on
approximately 432 acres, an overall gross density of 5.51 dwelling units per acre.
COMMA Planning and Environmental tices
Current Planning
City of Fort Collins
MEMORANDUM
Date: March 4, 1996
To: Mayor and City Council Members
From: Michael Ludwig, City Planner M44
RE: Land Uses and Densities Surrounding Registry Ridge.
In response to a question raised at the 3/4/96 Council/Staff Luncheon which stated:
"What are the adjacent and surrounding land use zones (to the Registry Ridge proposed
project); and, along with the designated zones what are the projected densities?"
Staff offers the following information:
The Registry Ridge site is zoned R-L-P, Low Density Planned Residential with a P.U.D.
condition. The Registry Ridge O.D.P. proposes a overall residential density of 3.07 to
3.15 dwelling units per acre. Parcel A (1.96 du's per acre) and Parcel Q (2.5 du's per
acre) are proposed along the south side of Trilby Road.
Mountain Valley Acres (existing County subdivision) is north of the Registry Ridge site on
the north side of Trilby Road and is zoned FA-1. The lots of the Mountain Valley Acres
subdivision are approximately 1.6 to 3 acres in size for an overall density of approximately
0.5 dwelling units per acre.
The undeveloped land to the west of the Registry Ridge site is in the County and is zoned
FA-1. The FA-1 zoning district allows up to 100,000 square foot (2.29 acre) lots. 1
dwelling unit per 2.29 acres is a density of approximately .44 dwelling units per acre.
The undeveloped land south of the Registry Ridge site is in the County, zoned FA-1, and
is known as the McKee Charitable Trust Property. The County has granted Preliminary
Plat approval for 308 units on 973 acres, a gross density of .31 dwelling units per acre.
However, all 308 units are proposed on the northern 15% of the property (approximately
146 acres) through a transfer of density to preserve open space on the southern 85% of
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750
FAX (970) 221-6378 • TDD (970) 224-6002
• Randy Baylock, Parks Department;
• Mike Herzig, Engineering;
• Sheri Wamhoff, Engineering;
• Eric Bracke, Transportation Department.
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This concludes the Staff presentation.
In a memorandum to the City Clerk dated February 2,
1996, Mayor Pro Tem Janett identified additional issues
for review by the Council. These issues pertained to the
Residential Uses Point Chart of the Land Development
Guidance System and neighborhood compatibility.
In addition to myself, the
following City Staff are available to provide any necessary
information:
• Greg Byrne, Director of CPES;
• Bob Blanchard, Director of Current Planning;
9 Tom Shoemaker, Director of Natural Resources;
An Amended Notice of Appeal regarding these two
decisions was filed by the Appellant, LeAnn Thieman, on
January 26, 1996. The Appellant claims that:
• The Planning and Zoning Board failed to properly
interpret and apply relevant provisions of the Code
and Charter;
• The Planning and Zoning Board failed to conduct a
fair hearing in that the.Board exceeded its authority
or jurisdiction as contained in the Code or Charter;
• The Planning and Zoning Board failed to conduct a
fair hearing in that the Board substantially ignored its
previously established rules of procedure.
• The submittal of final utility plans with the Phase 1,
Final P.U.D. application;
• The proposed use of round -a -bouts;
• Park land and open space dedications being delivered
into escrow prior to Planning and Zoning Board
consideration of the Final P.U.D. for Phase 1; and
• Grounds (if needed) for the City not to accept the
parkland and/or off -site open space dedications.
The Registry Ridge P.U.D., Phase 1, Preliminary, #32-
95A requested 510 single-family residential lots on
196.05 acres known as Parcels A, E, F, K, L, M, N, O, P,
and Q of the Registry Ridge Overall Development Plan. ---
A residential density of 2.60 dwelling units per acre.
A maximum total of 702 dwelling units are proposed on
228.9 acres for an overall gross density of 3.07 dwelling
units per acre.
If a school does develop on Parcel H and the City,
purchases Parcel N for open space, a maximum total of
597 dwelling units are proposed on 189.5 acres for an
overall gross density of 3.15 dwelling units per acre.
The Planning and Zoning Board accepted the Findings of
Fact and approved the Registry Ridge O.D.P., #32-95 by a
vote -of 4-2 with conditions as stated in the Staff Memo.
The four conditions pertained to:
The Registry Ridge Overall Development Plan (O.D.P.)
consists of:
• 151.9 acres of detached single-family residential;
(Parcels A, E, F, K, L, M, N, O, P, and Q)
• 14.4 acres of patio homes/townhomes; (Parcel D)
• 5.0 acres of multi -family residential; (Parcel G)
• a 3.0 acre day care facility site; (Parcel B)
• a 3.1 acre recreation center site; (Parcel J)
• a 7.3 acre school site with a secondary use listed as
detached single-family residential; (Parcel H)
• a 6.0 acre neighborhood park site; (Parcel I)
• a 9.5 acre commercial site; (Parcel Q and
1- _ ___ 0 44.2 acres of-on-site-open--space-on-a-total-of-244.4- - --
acres.
0
Madam Mayor and Members of the City Council: -� - -
On December 11, 1995, the Planning and Zoning Board
considered two requests - the Registry Ridge Overall
Development Plan, #32-95 and the Registry Ridge P.U.D.,
Phase 1, Preliminary, #32-95A.
The subject property is located at the southwest corner of
South Shields Street and Trilby Road; was annexed into
the City of Fort Collins in October and November of
—--- -1-981,-and-is-zoned R-L- -P-,-L- ow-Density-P-lanned---
Residential with a P.U.D. condition.
Section 2. That the Council hereby upholds the decision of the Planning and Zoning
Board in approving the Overall Development Plan and Preliminary P.U.D. Plan for the Project.
Passed and adopted at a regular meetin
5th day of March, A.D. 1996.
ATTEST:
City Clerk
OA
RESOLUTION 96-22
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING FINDINGS OF FACT AND CONCLUSIONS REGARDING
THE APPEAL FROM A DECISION OF THE PLANNING AND ZONING BOARD
RELATING TO THE REGISTRY RIDGE OVERALL DEVELOPMENT PLAN
AND PRELIMINARY P.U.D.
WHEREAS, on December 11, 1995, the Planning and Zoning Board ("the Board") approved
the Registry Ridge Overall Development Plan and Preliminary P.U.D. (the "Project"); and
WHEREAS, on December 21, 1995, a Notice of Appeal of the Board's decision was filed
with the City Clerk by LeAnn Thieman (the "Appellant"), which Notice of Appeal was subsequently
amended and refiled with the City Clerk on January 26, 1996; and
WHEREAS, on February 2, 1996, additional issues pertaining to the appeal were identified
by Mayor Pro Tern Gina Janett, pursuant to Section 2-56 of the City Code; and
WHEREAS, on February 13, 1996, the City Council, after notice given in accordance with
Chapter 2, Article H, Division 3, of the City Code, considered said appeal, reviewed the record on
appeal and heard presentations, from the appellants and other parties -in -interest; and
WHEREAS, Section 2-56 of the City Code provides that no later than the date of its next
regular meeting after the hearing of an appeal, the City Council shall adopt, by resolution, findings
of fact in support of its decision on the appeal.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby makes the following findings and conclusions:
(a) that the grounds for appeal as stated in the Appellant's Amended Notice of Appeal
conform to the requirements of Section 2748 of the City Code;
(b) that the Planning and Zoning Board did not fail to conduct a fair hearing for any of
the reasons stated in the Notice of Appeal;
(c) that the Planning and Zoning Board did not fail to properly interpret and apply the
relevant provisions of the City Code in approving the Overall Development Plan for
the Project; and
(d) that the Planning and Zoning Board did not fail to properly interpret and apply the
relevant provisions of the City Code in approving the Preliminary P.U.D. Plan for the
Project.
DATE: March 5, 1996
I
I
2 EM NUMBER:
the City Council approved motions to the following effect:
The Board did n t fail to properly conduct a fair hearing in that the Board did not exceed its
authority or jurisdiction as contained in the Code or Charter, nor did it ignore its previously
established rules of procedure;
2. The Board did not fail to properly interpret and apply the relevant provisions of the City
Code in approving the Registry Ridge Overall Development Plan #32-95.
3. 1 to' rl i e and apply relevant provisions of the Code and
lly 4 „ of the Residential Uses Point Chart; and All -
Development Criteria A-2.2, A-2.7, d A-2.12 of the Land Development Guidance System
when considering dge P.U.D., Phase 1, Preliminary, #32-95A;
For these reasons the CitpCouncrl vp#e�(4-3) to uphold the Planning and Zoning Board's decision
to approve the Registry Ridge O.D.P., #32-95 and voted (4-3) to overturn the Board's decision to
approve the Registry Ridge P.U.D., Phase 1, Preliminary, #32-95A.
At the meeting of February 20, 1996 Council postponed action on Resolution 96-22 at the request
of the developer's attorney. The continuation was requested in view of the fact that Councilmember
Wanner had indicated that he would be making a motion to reconsider or rescind the Council's
decisions regarding the approval of the Overall Development Plan and Preliminary P.U.D. Because
of the possibility that the Council decision on February 20 may be reconsidered, and in view of the
fact that findings of fact must be adopted by Council at this meeting, four alternative resolutions
have been prepared. All would find that the Appellant was not denied a fair hearing. Beyond that,
the four options would be as follows:
Option A would uphold the approval of the Overall Development Plan and overturn
the approval of the P.U.D.
Option B would overturn the Board's approval of both the Overall Development Plan
and the P.U.D.
Option C would uphold the Board's decision to approve both the Overall
Development Plan and the P.U.D.
Option D would remand the matter to the Board for further consideration. If Council
selects Option D, it should identify the particular issues raised on appeal that it
believes should be further explored by the Board.
*AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 3
DATE: March 5, 1996
STAFF: Mike Ludwi;
SUBJECT:
Resolution 96-22 of the Council of the City of Fort Collins Making Findings of Fact and
Conclusions Regarding the Appeal from a Decision of the Planning and Zoning Board Relating to
the Registry Ridge Overall Development Plan and Preliminary P.U.D.
RECOMMENDATION:
Staff recommends adoption of the Resolution. 4�1
EXECUTIVE SUMMARY:
On January 26, 1996, an Amended Notice of Appeal of the December 11, 1995 decisions of the
Planning and Zoning Board to approve the Registry Ridge O.D.P., #32-95 and the Registry Ridge
P.U.D., Phase 1, Preliminary, #32-95A was filed by the Appellant, LeAnn Thieman.
In a memorandum to the City Clerk dated Februaq 2. 1996, Mayor Pro Tern Janett identified
additional issues for review by the Council
On February 13, 1996, the City Council voted (4-3) to uphold the Planning and Zoning Board's
decision to approve the Registry Ridge O.D.P.,#32-95 and voted (4-3) to overturn the Board's
decision to approve the Registry Ridge P.U.D., Phase 1, Preliminary, #32-95A. In order to complete
the record regarding this appeal, the Council should adopt a Resolution making findings of fact and
finalizing its decision on the appeal.. The consideration of this matter was postponed from February
16 to a continuation of that same meeting on March 5.
BACKGROUND:
The Appellant's notice of appeal was based on allegations that:
"The Planning and Zoning Board failed to properly interpret and apply relevant provisions
of the Code and Charter;"
"The Planning and Zoning Board failed to conduct a fair hearing in that the Board exceeded
its authority or jurisdiction as contained in the Code or Charter;" and
"The Planning and Zoning Board failed to conduct a fair hearing in that the Board
A substantially ignored its previously established rules of procedure."
Individual phases of an Overall Development Plan can be
less than 3 dwelling units per acre provided the overall
development is at a minimum of 3 dwelling units per acre.
The Planning and Zoning Board accepted the Findings of
Fact and approved the Registry Ridge P.U.D., Phase 1,
Preliminary, #32-95A by a 4-2 vote with the same- four
conditions as were stated for the O.D.P.
In ,addition, the Planning and Zoning Board stated a
condition of approval which requires the applicant to
construct W wide detached bike/pedestrian connections
off -site from Trilby Road, north to Clarendon Hills; and
from Shields Street, east to Ridgewood Hills.