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Home My WebLink AboutREGISTRY RIDGE PUD, 2ND FILING - PRELIMINARY - 32-95D - LEGAL DOCS - VARIANCE REQUESTx wx M- 2nk i'✓I t�G� IGHBORHOOD CONVENIENCE SHOPPING CENTER F POINT CHART J For All Criteria Applicable Criteria Only Is I II III IV the Circle the Multlpllor Points Earned Maximum Applicable Criterion Criterion Applicable Yes No Correct Score Ixll Points a. Transit Route X X 2 1 0 1 2 b, At Collector/Arterial X X 2 0 5 10 c. Mixed -Use Development X X 2 0 2 4 4 d, Three Acres or More X X 2 0 .4 8 e. From Convenience Center X X ('2' 0 4 �j 8 f. Part of Planned Center X X 2 _0 5 10 g. Contiguity X X 2 0 5 (J 10 h. "North" Fort Collins X X 2 , 0 1 (� 2 i. Energy Conservation X 1 2 3 0 2 (� 8 j. 1 2 0 k. 1 2 0 1. 1 2 0 Totals 3d 4P2 v vl Percentage Earned of Maximum Applicable Points V/VI = VII % Vil Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 -86- I Neighborhood Convenience Shopping Center (continued) f. Is the center contiguous to and functionally apart of an existing or approved neighborhood shopping center, an office or industrial park, or a multi -family development? g. Is the center located with at least one -sixth (1/6) of its property boundary contiguous to existing development? h. Is the center located within "north" Fort Collins? i. Does the activity reduce non-renewable energy usage through the application of alternative energy systems or through energy conservation measures beyond those normally required by the Model Energy Code as adopted by the City? Refer to Appendix E for Energy Conservation Methods to use for calculating energy conservation points. Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 a -85- V to Pe&71e, q l DG Zd, emu" ACTIVITY: Neighborhood Convenience J Shopping Center DEFINITION: A shopping and service center situated on seven (7) or fewer acres with four (4) or more business establishments located in a complex which is planned, developed, and managed as a unit, and located within and intended to primarily serve the consumer demands of adjacent residential neighborhoods. Neighborhood convenience shopping center criteria shall apply only to those areas of the City that are zoned R-L, R-L-P, R-L-M, R-H, R-P, R-M-P, M-L, M-M, B-L, or B-P, or any other areas of the City if such areas are subject to the zoning condition that no development be approved unless processed as a Planned Unit Development, provided, however, that said criteria shall under no circumstances apply to development in the H-B zone. The principal uses permitted include retail services, personal services, convenience grocery stores (with accessory gas pumps), standard or fast-food restaurants (without drive -up windows), liquor sales (for on- or off -premises consumption), beauty or barber shops, dry cleaning outlets, equipment rental (not including outdoor storage), and uses of similar character as determined by the Planning and Zoning Board. Secondary uses may include professional offices, limited banking services such as automated teller machines, mule -family dwellings, medical offices and clinics, small animal veterinary clinics, and child care centers. CRITERIA: Each of the following applicable criteria must be answered "yes" and implemented within the development plan. Yes No N/A 1. Have steps been taken to minimize any environmental hazards, ❑ particularly those associated with underground fuel storage tanks, and if the proposed development is located in or near an environmentally - sensitive area, have all applicable state and local environmental standards been met? 2. DOES THE PROJECT EARN AT LEAST SIXTY-FIVE 65% ❑i PERCENT OF THE MAXIMUM POINTS AS CALCUL ON POINT CHART "J" FOR THE FOLLOWING CRITERIA. a. Is the center contiguous to an existing transit route? b. Is the center located at the intersection of a neighborhood collector and arterial street with primary access taken off the collector? c. Does the center contain two (2) or more different uses? d. Is the center on at least three (3) gross acres of land? e. Is the center located at least three-quarters (3/4) of a mile from any existing or approved Neighborhood Convenience Shopping Center or convenience grocery store? (For the purposes of this criterion, the term "approved" shall be defined as having current preliminary or final Planned Unit Development approval.) Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised March 1994 Il;:Z DENSITY CHART (continued) Eurnc Cred Criterion S If the site or adjacent property contains a historic building or place, a bonus may be earned for the following: 3% For preventing or mitigating outside influences adverse to its preservation (e.g. environmental, land use, aesthetic, economic and social factors); 3% For assuring that new structures will be in keeping with the character of the building or place, while avoiding total units; 3% For proposing adaptive use of the building or place that will lead to its continuance, preservation, and H improvement in an appropriate manner. Z t If a portion or all of the required parking in the multiple family project is provided underground within the an accessory use to the primary structure, a bonus may be earned as O building, or in an elevated parking structure as m follows: 996 For providing 75% or more of the parking in a structure; 6% For providing 50 - 74% of the parking in a structure; 3% For providing 25 - 4991b of the parking in a structure. U If a commitment is being made to provide approved automatic fire extinguishing systems for the dwelling units, enter a bonus of 10%. V If the applicant commits to providing adequate, safe and convenient pedestrian and bicycle connections between the project and any of the desination points described below, calculate the bonus as follows: 590 For connecting to the nearest existing City sidewalk and bicycle paMane; school, park and transit stop vztfun the distances as defined in this _ 5 5% For connecting to any existing public Density Chan 5% For connecting to an existing City bicycle trail which is adjacent to or traverses the project. TOTAL 1(0 Land Development Guidance System for Planned unit ueveiopmentu The City of Fort Collins, Colorado, Revised September 1994 - 79a - r•1 h Z O CO 2rzt rl -41 DENSITY CHART ' Maximum Earned Criterion Credit Credit 2000 feet of an existing neighborhood shopping center; or 20% a ,----------------------------------------------- _000 teet of an approved, but no[ constructed neighborhood shopping center. ---- 10% ---- b 650 feet of an existing transit stop (applicable only to projects having a density of at least six (6) dwelling 20% units per acre on a gross acreage basis) C 4000 feet of an existing or approved regional shopping center ILWO 3500 feet of an existing neighborhood or community park; or_ _ _ _ 20% — _ _ _ d _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3500 feet of a publicly owned, but not developed, neighborhood or community park, or community 10% �� facility (except golf courses); or ____ ____ ________________ 3500 feet of a publicly owned golf course, whether developed or not. 104'0 2500 feet of an existing school, meeting all requirements of the State of Colorado compulsory education 10% e laws f 3000 feet of a major employment center 20% 1000 feet of a child care center 5% f1 "North" Fort Collins 20% i 1 The Central Business District 20% 1 A project whose boundary is contiguous to existing urban development. Credit may be earned as follows: 30% 0% For projects whose property boundary has 0 - 10% contiguity; 10 - 15% For projects whose property boundary has 10 - 20% contiguity; 15 - 20% For projects whose property boundary has 20 - 30% contiguity; 20 - 25% For projects whose property boundary has 30 - 40% contiguity; 25 - 3097o For projects whose property boundary has 40 - 50% contiguity. k If it can be demonstrated that the project will reduce non-renewable energy usage either through the application of alternative energy systems or through committed energy conservation measures beyond those normally required by City Code, a 5% bonus may be earned for every 5% reduction in energy use. Calculate a 1% bonus for every 50 acres included in the project. tr Calculate the percentage of the total acres in the project that are devoted to recreational use. Enter 1/2 of that percentage as a bonus. tl If the applicant commits to preserving permanent off -site open space that meets the City's minimum requirements, calculate the percentage of this open space acreage to the total development acreage and enter this percentage as a bonus. If pan of the total development budget is to be spent on neighborhood public transit facilities which are not O otherwise required by City Code, enter a 2% bonus for every $100 per dwelling unit invested. If part of the total development budget is to be spent on neighborhood facilities and services which are not otherwise P required by City Code, enter a 1 % bonus for every $100 per dwelling unit invested. If a commitment is being made to develop a specified percentage of the total number of dwelling units for low 4 income families, enter that percentage as a bonus, up to a maximum of 30%. If a commitment is being made to develop a specified percentage of the total number of dwelling units for Type "A" f and Type "B" handicapped housing as defined by the City of Fort Collins, calculate the bonus as follows: Type "A" .5 x Ty Total Units In no case shall die comb;:tcd bonus be greater than 30'Yo Type "B" 1.0 x T_vnP " R" Unite Total Units Continued Land Development Guidance System for Planned Unit Developments The City of Fort Collins, Colorado, Revised September 1994 -79- - 79a - 0 - w AEG-, I e -z �i r 7e 2n� i u ► , ACTIVITY; Residential Uses DEFINITION; All residential uses. Lases include single family atrached dwellings, townhomes, duplexes. mobile homes, and multiple family dwellings: group homes; boarding and rooming houses: fratenury and sorority houses; nursing homes: public and private schools; public and non-profit quasi -public recreational uses as a principal use: uses providing meeting places and places for public assembly with incidental office space; and child care centers. CRITERIA; The following applicable criterion must be answered "yes" and implemented within the development plan Yes 1. DOES THE PROJECT EARN THE ),�MM PERCH TAGS O PODITS AS CA.LCLT.ATED ON THE FOLLOWING "DENSITY CHART" FOR i:M PROPOSED DENSITY OF THE RESIDENTIAL PROJECT? Tire required earned credit for a residential project shall be based on the following: 60 pem-antage points a 6 or fewer dwelling units per acre 60 - 70 percentage points a 6 - 7 dwelling tutus per atse 70 - 80 percentage points a 7 - 8 dwelling units per acre g0 - 90 percentage points a 8 - 9 dwelling units per acre 90-100 percentage poinu a 9-10 dwelling units per ace 100 or more pe.caatag%� points a 10 or more dwelling units per acre Land Development Guidance System for elannea unit uevetoprn nr% pf_FgaCollins. Colorado, Revised August 1994 No N/A i Planning and Zoning Board June 17, 1997 Page 5 creation of mixed use neighborhoods where residents have business services available in the close vicinity. Both the former Goals and objectives and the Land Use Policies Plan, in addition to the newly adopted City Plan Principles and Policies, emphasize the desirability of having neighborhoods which include support services which meet some of the needs of daily life. More specifically, both the City Structure Plan and the Zoning Map adopted in March of this year designate the Registry Ridge Second Filing site as a Low Density, Mixed -Use Neighborhood. Although the Second Filing is not being processed under City Plan requirements, it should be noted that the mixed use nature of the project would meet a stated purpose of its Low Density, Mixed -Use Neighborhood zoning, which is to combine housing with "complementary and supporting land uses that serve a neighborhood". In addition to satisfying City policy goals, Dalco believes that is makes good planning sense to provide neighborhood services within the neighborhood so that residents have convenient and efficient access to them. By having such services available, vehicle miles travelled are reduced, benefitting both the Registry Ridge residents and the entire community. CONCLUSION The reality is that this is one of the last pieces of a large project, approved under a different land use scheme. It makes sense to complete the development in accordance with that scenario, if the City's goals of diverse housing, minimum density and the provision of services to neighborhoods are to be met. For all of the reasons cited above, Dalco requests that the Planning and Zoning Board grant variances from the minimum point requirements of the Residential Uses Density Chart H and the Neighborhood Convenience Shopping Center Point Chart J on the basis that the plan proposed for Registry Ridge Second Filing is equal to or better than a plan in compliance with the criterion, pursuant to §29-526 (K) (3) . Thank you for your consideration. Sincerely, MARCH & MYATT, P.C. B P� Y� c1a A. Life LAL/jpk pc: Jim McCory Linda Ripley Planning and Zoning Board June 17, 1997 Page 4 Further justifying the approval of the variance from Density Chart H is the fact that there are several features close to the development that make the location ideal for medium density and multi -family housing. The Second Filing is located within 3500 feet of a dedicated City neighborhood park site in the Registry Ridge First Phase Preliminary. Also in close proximity is a reserved school site and a daycare site. Although neither of these factors qualify for points under the revised point chart that is applicable to the Second Filing, both indicate that this location is appropriate for residential cLevelopm;t �% Finally, in keeping with the ended O.D.P. aM the agreement with the neighborhood, Dalco is preserving Parcel N of the Amended O.D.P. as permanent open space by selling it to the City's Natural Resources Department . The sale was a significant goal of the agreement with the neighborhood, and complies with the Amended O.D.P., The Plan for the Region between Fort Collins and Loveland and the City's Structure Plan. Neighborhood Convenience Shopping Center Point Chart J. The neighborhood convenience shopping center in the Second Filing earns 30 points, or 48115 of the maximum applicable points on Point Chart J. Points were earned for being located at the intersection of an arterial and collector street with primary access taken off the collector; containing two or more different uses; being located on at least three gross acres of land; and being located at least 3/4 mile from another shopping center. This project was not permitted to take points for Criterion f. Since Dalco is creating a new neighborhood convenience shopping center in order to provide necessary services to the residential portions of Registry Ridge, it cannot meet the strict technical interpretation of the language of Criterion f., which requires the center to be "continguous to and functionally part of an existing or approved neighborhood shopping center". Points were also not awarded under Criterion g. for contiguity. Although the center does not have at least one -sixth (1/6) of its boundary continguous to existing development as defined by the L . D . G. S . because the adjacent property is either county development or dedicated open space, it is interesting to note that the center would have contiguity under the definitions in the City Plan Land Use Code which was adopted March 28, 1997. Had 10 additional points been awarded to the center under either Criterion f. or Criterion g., the Second Filing center would have achieved a total of 40 points, or 65%, satisfying the minimum requirement of Point Chart J. Further supporting this request for a variance from Point Chart J, is the City's long-standing policy goal of promoting the Planning and Zoning Board June 17, 1997 & JG Page 3 3-S Furthermore, as part of the settlement with t e neighborhood, the commercial/office portion of the Second Filin has been reduced in size from 9.5 acres on the original O.D.P. to t—"m9"e"- with the Amended O.D.P. approved by the Board in March. Had this portion of the O.D.P. been submitted with the First Phase Preliminary in 1995, it would have been evaluated under the Business Service Uses category (Point Chart E) and achieved sufficient points for approval. Because of the reduction of its size, however, this portion of the Amended O.D.P. can now only be evaluated as a Neighborhood Convenience Shopping Center. The center fails to comply with the City's strict technical interpretation of two key criteria, therefore failing to achieve a sufficient number of points. JUSTIFICATION The key justification for granting the variance requests and approving the Second Filing as proposed is that this plan presents the only opportunity for the City to guarantee that a minimum of 3 dwelling units per acre will be achieved on the overall development and to complete the Registry Ridge development as contemplated by the Amended O.D.P., i.e., to provide the higher density residential rr and commercial/office components of this mixed use project.ts i tWr#M !tte qS Residential Uses Density Chart H. As mitted, t e Secondx�N�Ar Filing proposes 74apartment units at 6.06 dwelling units per acre aaMft in order to meet the overall minimum density requirement fore the entire Registry Ridge P.U.D. of 3 dwelling units per acre as ," approved on the Amended O.D.P. This is the plan envisioned and - approved by the City and the neighborhood and affirmed by the Q�C�it Planning and Zoning Board when the Amended O.D.P. was approved on�� March 24, 1997. If the Second Filing were to be developed under City Plan, the LMN zoning district would require a minimum of 5 and a maximum of 8 dwelling units per net acre of residential land. A single-family residential project at the lower end of this density range would be a simple and profitable option for a developer in the Fort Collins market, however, it is questionable whether even the maximum density under the new zoning would allow the overall development to comply with the Amended O.D.P. or meet the density requirements under which it was approved. The development as proposed, with this request for variance from the requirements of the revised point chart, is the only way for the City to ensure that the Second Filing develops as approved by the City and as contemplated by all the parties - a true mixed use development meeting the City's overall minimum density requirements for the entire development, and providing a variety of housing types and neighborhood services to the residents. Planning and Zoning Board June 17, 1997 Page 2 neighborhood then filed suit against the City and Dalco in the Larimer County District Court, preventing Dalco from obtaining final approval of the First Phase Preliminary and halting submittals for the remaining phases for over a year. During the pendency of the lawsuit, Dalco successfully negotiated a settlement with the neighborhood which required that the O.D.P., while preserving a minimum density of 3 dwelling units per acre, be amended to shift density away from the neighborhood, reduce the size of the commercial parcel, and preserve additional open space. On March 24, 1997, the Planning and Zoning Board approved the Amended O.D.P. and a Final Plan for the First Filing, which included single family residential on 87 acres of the First Phase Preliminary. The lawsuit was subsequently dismissed. With the legal impediments out of the way, Dalco has submitted the Second Filing Preliminary, the last phase of the project without an approved preliminary plan approval and the subject of this variance request. The Second Filing Preliminary was designed to be consistent with the terms of the neighborhood agreement and to conform to the approved Amended O.D.P. It includes Parcel C (approved for commercial/office), draaci*}• row da=. alp and Parcel G (approved for multi -family residential) of the Amended O.D.P. (Dalco is also preparing to submit the Third Filing Final encompassing the balan e of the single family residential in the First Phase Preliminary The multi -family portions of they Second Filing a* subject to Density Chart H for Residential Uses, a completely different version of the chart than that in effect when the First Phase Preliminary was submitted and approved in 1995. While this project was on hold for 16 months because of an appeal, lawsuit, extended negotiation with the neighborhood and the amendment of the O.D.P., the Density Chart for Residential Uses underwent a series of significant modifications to implement interim "phasing criteria" including the tightening of locational criteria and establishment of a minimum base of first 30, then 40 points. Ultimately, the City Council adopted a moratorium in January, 1997 which permitted only limited application of the existing point system prior to its complete repeal with the adoption of City Plan in March, 1997. When the phasing for Registry Ridge was planned in 1995, residential development was permitted to achieve its points in a variety of ways. Had the medium density residential and multi- family portions of the O.D.P., now part of the Second Filing, been submitted as a part of the First Phase Preliminary, they clearly would have achieved sufficient points for approval. Now, however, after significant legal delays and implementation of interim "phasing criteria", the Second Filing cannot meet the minimum point requirements on the new residential point chart. 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 1970) 482-3038 June 17, 1997 Planning and Zoning Board City of Fort Collins 300 Laporte Avenue Fort Collins, CO 80521 ARTHUR E. MARCH 1908-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522-0469 Re: Registry Ridge P.U.D., Second Filing, Preliminary, #32-95 Request for L.D.G.S. Point Chart Variances Dear Planning and Zoning Board Members: The owner of the Registry Ridge P.U.D., Dalco Land Limited Liability Company ("Dalco11), requests a variance from the minimum point requirements of the Residential Uses Density Chart H and the Neighborhood Convenience Shopping Center Point Chart J. As grounds for this request, Dalco asserts that granting the variances would neither be detrimental to the public good nor impair the intent and purposes of the L.D.G.S. and, that the plan submitted for Registry Ridge P.U.D., Second Filing is equal to or better than a plan which would meet the criterion pursuant to §29- 52 6 (K) (3) . The Second Filing is being processed under the L.D.G.S. pursuant to Section 6, Ordinance No. 161, 1996 (the "Transition Ordinance"). Dalco offers the following evidence in support of its variance requests: The Registry Ridge Overall Development Plan (the 110.D.P.11) was approved by this Board on December 11, 1995. The O.D.P. provided for a mix of uses including single-family residential, patio homes/townhomes, multi -family residential, a day care, recreation center, school site, neighborhood park, commercial area and open space on a total of 244.4 acres with an overall density of slightly over 3 dwelling units per acre. Also approved on December 11, 1995, was the Preliminary Plan for the First Phase of Registry Ridge ("First Phase Preliminary") which included all of the single- family residential on 196.05 acres. Both decisions were appealed by representatives of an adjacent neighborhood, but upheld by the City Council on March 5, 1996. The