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Home My WebLink AboutREGISTRY RIDGE PUD, 2ND FILING - PRELIMINARY - 32-95D - LEGAL DOCS - VARIANCE REQUEST (3)Planning and Zoning Board June 16, 1997 Page 3 that a variance from the requirements of All Development Criteria A-1.1 be granted based on the criteria contained in L.D.G.S. 529- 526 (K) (2) and (3) . LAL/jpk pc: Jim McCory, Manager Country Club Farms, Sincerely, MARCH & MYATT, P.C. By: L.L.C. Planning and Zoning Board June 16, 1997 Page 2 with regard to solar orientation including (i) approved under the Amended O.D.P.; (ii) size and shape_._o^'fTze parcels; and (iii) the north parcel is almost surrounded by streets. First, the uses according to the Amended O.D.P.—approved in March, 1997, dictate that the higher density ;.a i-family, which is planned as one project, be located �A4;ith of Bon Homme Richard Drive on the irregularly shaped -parcel, and that the neighborhood convenience center and low density multi -family residential units share the parcel nor of Bon Homme Richard Drive. There is no opportunity to move e lots to which the solar requirements apply from the nor rn parcel to the southern parcel for more flexibility in t p cemen ' 1Nts The northern parcel is also somewhat irregular in ape. The 3 acre outparcel at the northeast corner which is reserved for a future day care site leaves a very narrow area west of the day care site adjacent to Nimitz Drive. It would be difficult to redesign this portion of the site to create solar -oriented lots without confusing the interior drives or adding an additional access to Nimitz z" Drive. riZi3TZQ;The layout of the northern portion of the Second Filing is greatly affected by the desire to limit access points to the adjacent streets, and good planning practices which lend to the transitioning of uses from the neighborh000d convenience center at the southeast corner to the single family lots on the west. The site is logically designed with the convenience center at the intersection of the arterial and 0 collector streets. The multi -family units are immediately adjacent o the convenience center, with the duplexes then making the ansition to the single family lots off -site. The only way that this developer sees to make more of the duplex buildings solar - oriented would be to add two east -west cul-de-sacs which would �J access the project from Nimitz Drive. This would, however, omplicate the layout of the balance of the site and possibly result in the loss of some duplex units, in addition to creating a h safety problem on Nimitz Drive by having three four -legged J intersections in a relatively short distance. Equal To or Better Than [929-526(K)(3)] The proposed Second Filing site plan is bettPY than aL� that would strictly comply with the solar orientation criterion. As escri eceding paragraphs, a redesign of the site to achieve 65% solar orientation would embody p >or planning practices, less effective transitions between uses, inei'r' en use or the available land and an increased number of stre'ets or drives which access from Nimitz Drive. In conclusion, the developer believes that the strict application of the solar orientation ordinance would cause gnrjue hardship to Dalco and that the proposed plan is equal to or better ti'F'ar'% plan which might strictly comply. We request, therefore, ft MARCH & MYATT, P.C. ARTHUR E. MARCH, JR. ATTORNEYS AND COUNSELORS AT LAW RAMSEY D. MYATT 110 EAST OAK STREET ROBERT W. BRANDES, JR. FORT COLLINS, COLORADO 80524-2880 RICHARD S. GAST (970) 482-4322 LUCIA A. LILEY TELECOPIER (970) 482-3038 J. BRADFORD MARCH LINDA S. MILLER JEFFREY J. JOHNSON MATTHEW J. DOUGLAS June 16, 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 80622-0469 Re: Registry Ridge P.U.D., Second Filing, Preliminary Request for Solar Orientation Variance Dear Planning and Zoning Board Members: This firm represents Dalco Land, L.L.C. ("Dalco"), the owner and developer of the Registry Ridge P.U.D. We request, pursuant to L.D.G.S. §29-526(K)(2) and (3), that the Registry Ridge P.U.D., Second Filing (the "Second Filing") be granted a variance from the strict application of the solar orientation requirement of L.D.G.S. Criteria A-1.1, which would require that at least 65% of the applicable lots in the development be solar -oriented. The First Phase Preliminary of the Registry Ridge P.U.D. which was approved by the Board on December 11, 1995, complied with the solar orientation requirements by having 70% of its lots (292 of 419) meet the definition of "solar -oriented lot". The Second Filing contains 13 duplexes, or a total 'of 26 attached single family lots, to which the criterion applies.--- :-J-a:&+ Of these 26 lots, 10 or 380-. are solar oriented. If the First and Second Filings of the Registry Ride P.U.D. are considered together, 68% of the applicable lots (� of 445) would meet the definition of a solar -oriented lot, exceeding the requirements of Criteria A-1.1. Since, however, only 38% of the Second Filing lots conform when calculated separately from the First Phase, we request that the Planning and Zoning Board grant a variance of the solar requirement for the Second Filing for the reasons cited below. 526 (K) (2) l Several factors create or contribute to the fact that exceptional conditions or difficulties exist for the Second Filing ARTHUR E. MARCH, JR. RAMSEY D. MYATT ROBERT W. BRANDES, 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 E. OAK STREET FORT COLLINS, COLORADO 80824-2880 (970) 482-4322 FAX (970) 482-3038 Mike Ludwig Planning Department City of Fort Collins 281 North College Avenue Fort Collins, Colorado June 16, 1997 RE: Registry Ridge PUD, Second Filing Dear Mike: ARTHUR E. MARCH 1908-1981 MAILING ADDRESS: P.O. BOX 469 FORT COLLINS, CO 80522-0469 Enclosed for your review in connection with the Registry Ridge Second Filing is a more detailed request for a variance from the Residential Uses Density Chart H and the Neighborhood Convenience Shopping Center Point Chart J. This request is made pursuant to §29-526(K)(3) of the City Code, subsection 3. Also enclosed is the request for variance from the solar orientation requirements of L.D.G.S. Criteria A-1.1, based on §29- 526 (K) (2) and (3) . Please call if you have any questions. Sincerely, LAL/jpk pc: Jim McCory Linda Ripley