The URL can be used to link to this page

Home My WebLink AboutBUILDERS SQUARE AT HARMONY MARKET PUD, 2ND FILING - FINAL - 54-87D - CORRESPONDENCE - CITIZEN COMMUNICATION Y, ' ID • PREFACE DURING THE 1989 P&Z MEETING FOR THE OAK/COTTONWOOD MASTER PLAN AMENDMENT, PRELIMINARY AND FINAL PACE SITE PLANS, MR. FIEST STATED: "WE HAVE A SYSTEM HERE IN FT. COLLINS, LIKE IT OR NOT, IT DOES WORK. IT GENERATES CONTROVERSY. IT GENERATES MEETINGS. I AM TALKING ABOUT THE LAND DEVELOPMENT GUIDANCE SYSTEM. IT IS NOT EASY FOR A DEVELOPER TO GO THROUGH THE LAND DEVELOPMENT GUIDANCE SYSTEM. IT'S A LOT OF WORK. IT TAKES A LOT OF EFFORT. BUT I THINK THE END-PRODUCT WE'RE SHOWING HERE IS A TEST TO THE RESULTS. THIS PROCESS WORKS." . IN MAY, 1990, AT AN LDGS AUDIT MEETING, FORMER CHAIRPERSON KERN ASKED: WHY ARE THE PUBLIC PARTICIPANTS ALWAYS ANGRY WHEN THEY COME BEFORE THE P&Z BOARD? THE RESULTING DISCUSSION CENTERED AROUND EXPECTATIONS AND ACCOUNTABILITY. . IN AN ARTICLE SHORTLY AFTER THE LDGS AUDIT MEETING, PLANNING DIRECTOR TOM PETERSON WAS CITED IN THE COLORADOAN: THE LDGS AND THE PLANNING PROCESS HAS MECHANISMS WHICH HOLD THE DEVELOPERS ACCOUNTABLE FOR THEIR ACTIONS. i • THE DEED _ .RESTRICTION CHRONOLOGY - ACCOUNTABILITY? . IN 1989, PRIOR TO PACE APPROVAL. A DEED RESTRICTION WAS OFFERED BY MR. FIEST FOR PARCELS 1-G AND 1-H AS A MECHANISM TO MITIGATE LAND USE CONFLICT AND GUARANTEE A TRANSITION BUFFER BETWEEN PACE AND FAIRWAY ESTATES. THE OFFER WAS REVIEWED AND LOOKED UPON FAVORABLY BY THE BOARD OF THE FAIRWAY ESTATES HOMEOWNERS ASSOCIATION. AT A GENERAL ASSOCIATION MEETING, THE BOARD'S POSITION WAS NOT TO OPPOSE THE PACE PROPOSAL. NONETHELESS, A MOTION WAS PASSED CHARGING THE BOARD TO OPPOSE THE PROPOSAL AT THE P&Z MEETING. . AT THE P&Z MEETING, THE ASSOCIATION DID NOT FORMALLY OPPOSE THE PROPOSAL. AT THE P&Z MEETING, LANGUAGE PERTAINING TO THE DEED PROCEEDED AS FOLLOWS: FOOTAGE 675-800 FIEST "G.T. LAND, WHO IS THE OWNER OF THIS PARCEL (1-G) , ALSO OWNER OF THIS PARCEL (1-B) , AGREED TO PUT ZONING ON THAT PARCEL (1-G) OF RL WHICH IS THE MOST RESTRICTIVE ZONING IN THE CITY OF FT. COLLINS FOR RESIDENTIAL." "WHEN WE ASK FOR AN AMENDMENT TO THE MASTER PLAN, WE ARE CHANGING THAT DESIGNATION ON 1- 2 • • G SO THAT IS CARRIES AN RL ZONING WHICH IS THE MOST RESTRICTIVE." (LATER) FIEST "ELDEN WARD, HERE FROM CITYSCAPE, DOES A LOT OF WORK WITH GT LAND. ELDEN HAS HAD SOME CONVERSATIONS DURING THIS MEETING WITH GT LAND. I WOULD LIKE TO LET HIM SPEAK TO THOSE ISSUES." ayrloe WARD "MIKE_BURNS'AND PETER KAST CAN CLARIFY FURTHER IF NEEDED. . . ." FOOTAGE 4075-4200 WARD "IN ADDITION TO THAT (LANGUAGE ON THE MASTER PLAN) , THE PROPERTY OWNER HAS STATED THAT IF HARMONY MARKET IS APPROVED AND, THEREFORE, THERE IS SOMETHING TO BUFFER THE NEIGHBORHOOD. FROM, THEN A DEED RESTRICTION WILL BE IMPOSED USING THE SAME LANGUAGE ON THE MASTER PLAN THAT IS THEIR RESPONSE THAT THE LAND OWNER (G.T. LAND) HAS AGREED TO." (LATER) WARD "WE DON'T THINK THAT IT IS APPROPRIATE OR EVEN MANAGEABLE FOR THE CITY TO GET INTO THE MIDDLE OF A DEED RESTRICTION." (LATER) LLOYD WALKER"JUST SO IT IS ON THE PUBLIC RECORD OF 3 • • THIS MEETING THEN THAT G.T. LAND HAS MADE SOME COMMITMENT TO THIS TYPE OF DEED RESTRICTION ON DEVELOPMENT OF THAT PARCEL. IS THAT A FAIR STATEMENT? I WANT TO BE SURE WE HAVE IT CORRECTLY STATED." ELDEN WARD "YES" JAN SHEPARD "DOES THAT (DEED RESTRICTION) APPLY TO PARCEL 1-H AS WELL AS 1-G? ELDEN WARD "YES. ACCORDING TO THE LANGUAGE IN THE NOTE THAT YOU HAVE 1-G, WE'LL TREAT JUST LIKE IT IS ZONED RL ON 1-H, WHICH IS PATIO HOMES ON THE MASTER PLAN, WE ARE SAYING WE'LL TRE91 AS IT'S ZONED As RLM ALSO, ON 1CONSISTENT WITH CORRESPONDENCE THAT'S GONE ON BACK AND FORTH BETWEEN THE OWNER, DEVELOPER, AND HOMEOWNERS ASSOCIATIONS, PART OF THIS DEED 1F. RESTRICTION IS WE ARE GIVING UP THE RIGHT TO COME BACK AND AMEND THE MASTER PLAN." . SHORTLY AFTER THE APPROVAL OF THE PACE PROPOSAL, GT LAND REQUESTED SEVERAL MODIFICATIONS TO THE POSITION STATED AT THE P&Z MEETING. . THE ASSOCIATION REJECTED THE PROPOSED MODIFICATIONS. . IN NOVEMBER, MR. FIEST WAS CALLED AND INFORMED THAT THE DEED RESTRICTION HAD NOT BEEN FILED. 4 • • . FOR FIVE MONTHS, THE ASSOCIATION HEARD LITTLE OR NOTHING, UNTIL ONE WEEK BEFORE THE NEIGHBORHOOD MEETING FOR BUILDERS SQUARE. . AT THAT TIME, A COPY OF THE FILED DEED RESTRICTION WAS MAILED TO THE ASSOCIATION. THE ASSOCIATION HAD NOT BEEN ASKED TO COMMENT ON ITS CONTENT AND IT DID NOT REVIEW THE DEED RESTRICTION PRIOR TO FILING. . KEY DEED RESTRICTION CONTENT, "AMENDABLE AT ANY TIME BY REQUESTING CHANGE THROUGH THE P&Z BOARD" 5 • THE DEED RESTRICTION - CONCLUSIONS . FACTS IT I_S IN DIRECT CONTRADICTION TO THE AGREEMENT AND PUBLIC STATEMENTS MADE BY MR. FIEST AND HIS DEVELOPMENT TEAM. - FAIRWAY ESTATES IS NOT INVOLVED AT ANY TIME. - THE CITY IS INVOLVED DIRECTLY. - THE LANGUAGE PROVIDES FAIRWAY ESTATES NO PROTECTION. . THE PROCESS (MR. FIEST'S REFERENCE) - IT DID NOT WORK. . ACCOUNTABILITY - NONE BY MR. FIEST AND HIS DEVELOPMENT TE AM 6 . • • PRELIMINARY PLAN - COMPLIANCE? . DEFINITION COMMUNITY/REGIONAL SHOPPING CENTER (LDGS) CLUSTER OF RETAIL AND SERVICE ESTABLISHMENTS DESIGNED TO SERVE CONSUMER DEMANDS FROM THE COMMUNITY AS A WHOLE OR A LARGER AREA. THE PRIMARY FUNCTIONAL OFFERING IS AT LEAST ONE FULL- LINE DEPARTMENT STORE. THE CENTER ALSO INCLUDES ASSOCIATED SUPPORT SHOPS WHICH PROVIDE A VARIETY OF SHOPPING GOODS INCLUDING GENERAL MERCHANDISE. APPAREL, HOME FURNISHINGS. AS WELL AS A VARIETY OF SERVICES, AND PERHAPS ENTERTAINMENT AND RECREATIONAL FACILITIES. . AT THE 1989 P&Z MEETING, DISCUSSING THE SITE PLAN, MR. Fa EST STATED: ". . .WE HAVE REDUCED THE SIZE OF THE DEVELOPMENT TO 190,000 SQUARE FEET INCLUDING THIS TWO STORY OFFICE BUILDING. THIS LEAVES 166,000 SQUARE FEET FOR RETAIL SHOPS." . IN SUMMARIZING SUPPORT FOR THE PROPOSAL, BOARD MEMBER SHEPARD CONCLUDED: "I THINK THAT THE PROPOSED BUSINESS SERVICE AND COMMUNITY/REGIONAL SHOPPING CENTER USED FOR PARCEL 1-B IS APPROPRIATE FOR THAT LOCATION AND I DO NOT THINK THAT IT REPRESENTS TURNING OUR BACKS ON THE NEIGHBORHOODS BASED UPON WHAT THEY SHOULD HAVE EXPECTED AT THAT LOCATION. • • BOARD MEMBER KERN, MAKING A DIRECT REFERENCE TO FAIRWAY ESTATES, EXPRESSED THE NEED TO HAVE SHOPPING IN CLOSE PROXIMITY TO THE NEIGHBORHOODS: "FURTHERMORE, I THINK IT'S TIME WE REALIZE THIS QUESTION OF POLLUTION IS OUR OWN PROBLEM. THOSE PEOPLE WHO NOW LIVE IN FAIRWAY ESTATES DRIVE SEVERAL MILES, IN FACT, TO DO ANY KIND OF SHOPPING. THEY'RE INCREASING THE POLLUTION LEVELS FOR ME AND EVERYONE ELSE IN THIS CITY. THE FACT THAT WE'RE GOING TO HAVE SOME DEVELOPMENT NEAR WHERE THEY LIVE MEANS THAT THE OVERALL LEVEL WILL DECREASE. I REALLY THINK THOSE ARE THE ISSUES UPON WHICH WE SHOULD KEEP OUR EYES." 8 • • • LAND USE - CONCLUSIONS . FACTS - THE LANGUAGE USED BY MR. FIEST AND HIS DEVELOPMENT TEAM AND THE P&Z BOARD CONTINUALLY REFERS TO SHOPS, NOT AN 88,000 SQUARE FOOT RETAIL SHOP. NOTHING IS BEING PROPOSED FOR THE REMAINING 78,000 SQUARE FEET; I.E. PIECEMEAL DEVELOPMENT. - RESIDENTS OF THE LANDINGS, GOLDEN MEADOWS, OAK RIDGE, FAIRWAY FIVE, SOUTH RIDGE, AND FOSSIL CREEK (OVER 2000 HOUSEHOLDS) ALSO DRIVE SEVERAL MILES TO DO ANY KIND OF SHOPPING. - OVER 2000 HOUSEHOLDS WILL CONTINUE. TO DRIVE SEVERAL MILES TO DO ANY KIND OF SHOPPING. . THE SHOPPING CENTER - IT IS NONEXISTENT. - IF RETAIL SHOPS OF THIS SIZE ARE APPROVED WITHIN THE DEFINITION OF THE PRELIMINARY PLAN, ONLY ONE MORE IS NEEDED TO COMPLETE THE DEVELOPMENT. - A SHOPPING CENTER WILL NEVER EXIST AT THIS SITE. . EXPECTATIONS - AFTER PACE, FUTURE BUSINESS SERVICES WITHIN THE PRELIMINARY PLAN WOULD PROVIDE SHOPS WHICH PROVIDE A VARIETY OF SHOPPING GOODS INCLUDING 9 • S GENERAL MERCHANDISE, APPAREL, HOME FURNISHINGS, AS WELL AS A VARIETY OF SERVICES, AND PERHAPS ENTERTAINMENT AND RECREATIONAL FACILITIES, NOT ANOTHER SHOP ALMOST AS LARGE As_ PACE. io 1 � • • I SUMMARY . Do NOT APPROVE BUILDERS SQUARE. . CHARGE MR. FIEST TO AMENDED THE DEED RESTRICTION TO BE REMOVE THE P&Z BOARD AS A CONCERNED PARTY. . INFORM MR. FIEST THAT NO DEVELOPMENT WILL BE SUPPORTED UNTIL THE ORIGINAL AGREEMENT, WHICH WAS A FACTOR IN APPROVAL OF THE MASTER PLAN AMENDMENT, IS FILED. . ASK MR. FIEST TO DEVELOPMENT IN COMPLIANCE WITH THE PRELIMINARY PLAN EXPECTATIONS FOR BUSINESS SERVICES. 11