HomeMy WebLinkAboutWOODRIDGE (ARAPAHOE FARM) PUD, PHASE 1 - PRELIMINARY - 55-87B - CORRESPONDENCE - MEMO / P & Z BOARDJune 5, 1991
Planning & Zoning Board
c/o Ted Shepard
City of Fort Collins
Planning Department
P.O. Box 580
Fort Collins, CO 80522
Dear Board Members;
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urban design, inc.
3030 south college ave., suite 200
fort Collins, Colorado 80525
(303) 226-4074
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LJUN- 6199I
The May 20, 1991 approval of the Woodridge PUD, Phase One was
subject to two conditions:
1. The entity responsible for maintaining the median and its
landscaping shall be clearly defined and noted on the PUD and
subdivision plat at the time of Final approval.
2. The viability of maintenance of the common open space areas
shall be demonstrated to the Planning and Zoning Board prior
to Final approval.
Required maintenance of the landscaping in the median by the
homeowner's association has been clearly noted on the plans. This
long-term maintenance will be guaranteed through a legal instrument
consistent with the provisions of Section # 118-83; I; J.(2) of the
Code of the City of Fort Collins, whereby the City can enforce the
homeowner's association obligation to maintain this landscaping and
is granted "...a lien against the common facilities of the planned
unit development and the private properties within the
development." and "...the right to make assessments against
properties in the development... Any unpaid assessment shall be a
lien against the property responsible.... enforceable the same as
a mortgage against such property."
It is our understanding that the Board's concerns about the
viability of common area maintenance by the homeowner's association
centered around the possibility that - through lack of incentive to
maintain small streetscape areas, or through a collapse of the
homeowner's association - the City of Fort Collins would
unwillingly have to take over the maintenance of the Harmony Road
streetscape. We would offer the following points in response to
those concerns:
- We have been involved in the planning of several projects
- or phases of larger developments - where the only
common areas requiring homeowner's association
maintenance were streetscape improvements along arterial
or collector streets. (Example illustrations from
OakRidge Estates and OakRidge 3rd and 6th Filings are
attached.) In these cases, it appears that pride of
ownership and protection of property values provide
urban design, inc.
adequate incentive for on -going maintenance.
As illustrated on the attached concept plan, the Phase
One common areas are only part of an extensive system of
greenbelts and streetscape improvements planned for the
overall project.
In addition to the guarantees outlined in the discussion
of the landscape median above, the current requirements
of the Land Development Guidance System regarding
homeowner's associations include:
(a) The homeowner's association must be established
before any residences are sold.
(b) Membership in the association must be mandatory for
each residence owner.
(c) Open space restrictions must be permanent and not
for a period of years.
(d) The homeowner's association must be made
responsible for liability insurance, taxes, and
maintenance of recreational and other facilities.
(e) The association must have the power to levy
assessments which can become a lien on individual
premises for the purpose of paying the cost of
operating and maintaining common facilities.
(f) The governing board of any such association shall
consist of at least five (5) members who shall fe
owners of property in the planned unit development.
The homeowner's associations that we are aware have
failed were associations that did not comply with the
above requirements; particularly the requirement for
mandatory membership. We have not been able to identify
a problem with the viability of an association properly
established according to the provisions of the LDGS.
We would like to stress to the Board that the section of
Harmony Road running through the Woodridge project represents a
rare opportunity to create a special street in Fort Collins. There
are virtually no other sites in the city where we can pre -plan
landscape medians and consistent streetscape designs for both sides
of an arterial street, plan ahead to accommodate (rather than
retro-fitting) a pedestrian trail underpass, and relieve the City
of landscape maintenance responsibility. We feel it would be a
shame to miss this opportunity through a forced downgrading of the
proposed design; done out of fear of an unlikely scenario involving
the failure of both the homeowner's association and all the related
City ordinances.
urban design, inc.
If we can provide further information, please do not hesitate
to contact us.
Sincerely,
Eldon Ward, President
Cityscape Urban Design,
CC:
Peter Kast, G.T. Land Colorado Inc.
Gary Berger, WoodCraft Homes
John Hutchinson, Hutchinson Management
Lloyd McLaughlin, RBD, Inc.
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