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HomeMy WebLinkAboutOAK/COTTONWOOD FARM PUD - AMENDED MASTER PLAN - 54-87A - CORRESPONDENCE - RESPONSE TO APPLICANT 1g DV] , -)), \\ • Co��J a o e APR 1 41989 11 urban design, inc. 3030 south college ave., suite 200 MEMORANDUM fort collins, colorado 80525 (303) 226-4074 TO : Mike Byrne , G. T. Land Colorado Inc FROM : Eldon Ward , Cityscape Urban Design , Inc. /t� DATE : April 12 , 1989 RE : Proposed Oak/Cottonwood Farm Deed Restriction Proj . I! 7171 Neighborhood concerns that the Harmony Market proposal would lead to proposals for commercial uses on Parcels " 1-G" and " 1-H" ( the portions of Oak Farm between Fairway Estates and Boardwalk Drive ) resulted in a request for a deed restriction to protect the intent to develop those areas as a buffer between the existing neighborhood and the retail area to the east . The subject property is zoned R-P , Planned Residential with the condition that the property be developed according to an approved Master Plan . The R-P district allows - by right - any use allowed in the R-L , Low Density Residential District ( single family residential , schools , churches , recreational uses , etc . ) ; and any other land use "located on a Planned Unit Development plan. . . " The Oak/Cottonwood Master Plan approved in 1987 included "Single Family" and "Patio Homes" as the anticipated land uses on Parcels 1-G and 1-H , respectively. The Plan clearly noted that : - "THE LAND USE MIX REPRESENTED ON THIS MASTER PLAN IS A BEST ESTIMATE OF DEVELOPMENT POTENTIAL AT THIS TIME. AS CHANGES OCCUR IN THE MARKET PLACE , AS REQUIRED PUBLIC IMPROVEMENTS ARE DEFINED , AND AS DEVELOPMENT OF THE PROJECT CONTINUES , ADDITIONAL CHANGES TO THE LAND USE PROGRAM MAY BE REQUESTED. " It is our understanding that the intent of the deed restriction is to limit the ability of a developer or property owner to request "ADDITIONAL CHANGES TO THE LAND USE PROGRAM" on Parcels 1-G and 1-H. Originally Peter Kast suggested that Parcel 1-H and the portion of Parcel 1-G north of Palmer Drive be limited to : 1 . Patio Homes/Single Family as identified on the current master plan. 2 . Expansion of the neighboring church/school . 411 yE® oe urban design, inc. 3. Small office buildings of the same character/quality as The Shores , Stuart Professional Park , or Shields Medical Park ; residential in design , not to exceed 28 feet in height with materials compatible to the neighborhood The City of Fort Collins also suggested limitations on uses at Parcels 1-G and 1-H ; and specifically suggested Day Care Centers as an appropriate use to be considered on Parcel 1-H. In responding to City comments we suggested that all of Parcel 1-G be treated as though it were zoned R-L , Low Density Residential ; the City's most restrictive urban residential zone . This would be substantially more restrictive than Fairway Estates ' FA-Farming District Zoning ( see attached list of uses allowed in the FA Zone ) . In effect this restriction surrenders all land use flexibility available through the Land Development Guidance System, and retains only the uses by right allowed in any Fort Collins residential district . We further suggested that Parcel 1-H be treated as though it were zoned R-L-M, Low Density Multifamily Residential ; which allows R-L uses , two-family dwellings , and up to fourplexes - with the possible , future , ability to request only : - "Child-care centers or small office buildings , residential in design , not to exceed 28' in height , with finish materials compatible to the neighborhood ( i . e . brick , wood , or stucco ) may be considered as future alternatives , subject to approval of an amended Master Plan by the City .of Fort Collins Planning and Zoning Board . ' We feel that this suggested restriction is more than fair in that : - The Property Owner is permanently giving up any ability to request more intensive uses than those described above ; - Parcel 1-C will be limited to only those uses that are allowed in Fort Collins ' most restrictive residential districts ; and - The result will be far more restrictive than the zoning of Fairway Estates . cc : Peter Kast Tony Fiest Mike Griffith 7171memo . mss 2 GTdisk4 FA, FARMING DISTRICT • • • USES PERMIrfW A. Single family dwellings; B. public and private schools for elementary and high school education; C. public parks and playgrounds and other public recreation facilities; D. churches and church schools; E. danestic animals. ...provided such animals are household pets and that kennels are not maintained; F. signs for identification.. ..provided such signs are less than two square feet in area, are unlighted and describe a permitted use. Such signs shall not exceed two per lot, except that directional identification signs may be grouped at a road junction; G. guest houses; H. riding horses....for use of occupants of the lot and their guests, but not exceeding one horse for each 1/2 acre of lot; I. crop, grazing, orchard, and garden uses; not including feed yards, poultry farms, and similar high intensity farm uses; J. water development for private or public use; K. Planned Unit Development;* L. state licensed group hones for no rrore than eight developmentally disabled persons....provided such home is not located within 750 feet of another such home; M. owner occupied or non-profit group hares for the exclusive use of not rrore than eight persons 60 years of age or older....provided such hone is not located within 750 feet of another such home. N. specialized group bares. B. child care centers; C. bane occupations; D. elderly care centers. B. farm and garden buildings and uses, including the raising of crops, livestock, poultry, and similar farm uses; C. golf courses, including country clubs; D. grange halls; E. stands for the sale of agricultural products produced on the premises; F. signs for identification... .provided each use has not more than one such sign and that each sign does not exceed 15 square feet in area. USES PER1I r1m1) BY SPECIAL REVIEW A. Oil drilling; B. sand and gravel extraction; C. kennels, oaunercial poultry farms, and feed yards; D. major public utility mains, lines, and substations.. . .where no public office and no repair or storage facilities are maintained; E. radio and similar transmitting stations, but not including administrative offices or broadcast studios; F. veterinary clinics; G. fuel alcohol plants associated with cannercial livestock feeding operations; H. cemeteries; I. boarding stables; J. pet groaning facility. LEGAL DESCRIPTION OA•OTTONWOQD A part of the Northeast-1/4 of Section 1 , Township 6 North, Range 69 hest of the Sixth P.M. , City of Port Collins, County of Larimer, State of Colorado, which, considering the east line of said Northeast It as hearing S 00'10' W, and with all bearings contained herein relative thereto, begins at a point on said east line which bears S 00'10' W 81 .00 feet from the Northeast corner of said Section 1 , and runs thence along said cast line, S 00'10' W 819.00 feet ; thence N 89'50' W 300.00 feet ; thence along the arc of a 400 foot radius curve to the left a distance of 628. 32 feet, the long chord of which bears S 4S'lf' W 56S.6Q feet: thence S O0•10' W 1345.41 feet to the south line of said Northeast k to a point which bears N 89'56'50" W 700.00 feet from the East k corner of said Section 1 ; thence along the south line of said Northeast It. N 89'56'50" W 1800.95 feet; thence N 32'13'45" W 284.41 feet to the west Inc of said Northeast k; thence along said west line, N 001'11 'OS" E 1736. 51 feet; thence S 89 48'55" E 400,00 feet : thence N 00'11 'OS" E 565.00 feet to the southerly line of Colorado State Highway No. 68; thence along said southerly line. S 86'16' F. 50.93 feet, and again along said southerly line, N 83'39' E 603.60 feet ; end again along said southerly line, N 8'1'55'30" F. 600.00 feet, and again along said southerly line, H 89'45'15" E 921. 30 feet , and again along said southerly line, ,S 46'21 '31" E 70.00 feet. and again along said southerly line, N 89'55'30" F 30.00 fest to the point of beginning. AND A part of the Southeast k.of Section 1, Township 6 North, Range 69 hest, of the Sixth P.M. , City of. Fort Collins, County of Larimer, State of Colorado, which considering the cast line of said Southeast k as hearing S 00'03'20" W and with all bearings contained herein relative thereto, begins at the East k corner of said Section 1, and runs thence IS 00'03'20" W 777.92 feet; thence N 89'56',40" W 50.00 feet; thence N 88'13'05" W 376.97 feet; tlience 'S 00'03'20" W 241 .64 feet; thence S 79'35' E 229.55 feet; thence N 89'46'40" E 201 .00 feet to the east line of said Southeast k; thence S 00°03'20" W 1591.42 feet to the Southeast corner of said Section 1 ; thence along the south line of said Southeast k, N 89'09'18" W 2683.81efeet to the South it corner of said Section 1 ; thence along the west line of said Southeast k, N 00'43'06" E 2159.50 feet; thence S 70'37' E 126.42 feet; thence N 14'10' W 79.38 feet; thence N 19'07' F. 32.15 feet; thence N 47'47' 'E 112.02 feet; thence N 16'55'30" E 73.67 feet; thence N 21'1R' W 129.60 feet;! thence N 13°20' W 114.43 feet to the north line of said Southeast k; thence along said north line S 89'56' 50" E 2517.64 feet to the point of beginning. EXCEPT A tract of land situate in the Southeast 1/4 of Section 1, Township 6 North, Range 89 West of the 8th P.M., City of Fort Collins, County of Larimer, State of Colorado, which considering the West line of the said Southeast 1/4 as bearing N 00'43'06" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the said West line which bears N 00'43'06" E 1007.31 feet from the South 1/4 corner of said Section 1 and run thence N 00'43'06" E 710.00 feet along the said West line; thence S 69°17' E 680.00 feet; thence S 41'28'30" E 165.27 feet; thence S 00'43'06" W 355.00 feet; thence N 89'16'54" W 750.00 feet to the point of beginning, containing 9.7702 acres more or less, and excluding all water rights appertaining thereto.