HomeMy WebLinkAboutWESTBURY PUD, SECOND FILING - REFERRAL OF AN ADMINISTRATIVE CHANGE - 11-94C - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS§ 29-644
FORT COLLLNS CODE
such resubdivision or replat contains notation of
such vacation. Dedications of streets, easements
and/or other rights -of --way for minor subdivisions
may be accepted by the Planning Director or Di-
rector of Engineering on behalf of the city.
(Ord. No. 113, 1987, § 1, 8-4-87; Ord. No. 174,
1987, 11-3-87; Ord. No. 36, 1989, §§ 1-6, 4-4-89;
Ord- No. 5, 1992, § 1, 2-4-92; Ord. No. 27, 1994, §
613-15-94)
Sees.29-645-29-"5. Reserved.
DIVISION 3. DESIGN STANDARDS
Sec. 29-856. Site considerations.
(a) Steep or unstable land and areas having in-
adequate drainage shall not be subdivided into
building lots unless the subdivider makes ade-
quate provisions to prevent the same from endan-
gering life, health or other property.
streets shall be aligned to join with planned or ex-
isting streets. All streets shall be designed to bear
a logical relationship to the topography of the
land. Intersections of streets shall be at right an-
gles unless otherwise approved by the Director of
Engineering.
(b) Cul-de-sacs shall be permitted only if they
are not more than six hundred sixty (660) feet in
length and have a turnaround at the end with a
diameter of at least eighteen (18) feet larger than
the diameter of the curb and gutter flow line. Sur-
face drainage on a cul-de-sac shall be toward the
intersecting street, if possible, and if not possible a
drainage easement shall be provided from the cul-
de-sac. If fire sprinkler systems or other fire pre-
vention devices are to be installed within a resi-
dential subdivision, these requirements may be
modified by the Director of Planning according to
established administrative guidelines and upon
the recommendation of the Poudre Fire Authority.
4 (c) Except as provided in (b) above for cul-de-
(b) Any lands subject to flooding or any natural
drainage channels shall not be platted as building
lots unless adequate provisions to eliminate or
control flood hazards in the subdivision or on
other affected lands are made by the subdivider
and approved by the Director of Engineering.
(c) If any part of a residential subdivision bor-
ders a railroad right -of --way, either a parallel
street adjacent to said railway or : Landscaped
fifty -foot buffer strip adjacent to such railway
shall be required or the lots adjacent to such right-
of-way shall have a minimum depth of one hun-
dred fifty (150) feet.
(d) Outstanding natural and cultural features
such as scenic spots, watercourses and historic
sites ana buildings shall be preserved insofar as
possible.
(Code 1972, § 99-5(A))
Crass references —Flood prevention and protection general
standards applicable to subdivision proposals, § 10-52; land.
mark preservation, Ch. 14. _
C
ec. 29-657. Streets, alleys and easements,,'
(a) Streets on a subdivision plat shall conform
to the Master Street Plan where applicable. All
sacs, no dead-end streets shall be permitted except
in cases where such streets are designed to con-
nect with future streets on adjacent land in which
case a temporary turnaround easement at the end
with a diameter of at least eighty (80) feet must be
provided. Such turnaround easement shall not be
required if no lots in the subdivision are depen-
dent on such street for access.
(d) If residential lots in a subdivision are adja-
cent to an arterial street, no access to individual
lots from such arterial street shall be permitted.
Lots adjacent to an arterial street shall have a
minimum depth of one hundred fifty (150) feet.
Reverse curves on arterial streets shall be joined
by a tangent at least two hundred (200) feet in
length.
(e) The subdivider will not be permitted to re-
serve a strip of land between a dedicated street
and adjacent property for the purpose of control-
ling access to such street from such property ex-
cept with the permission of the city and in any
event only if the control of such strip is given to
the city.
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Supp. No. 29 2032 1
„Linder
Real Estate
December 1, 1995
Kerrie Ashbeck
City of Fort Collins Planning Department
281 North College Avenue
Fort Collins, CO 80524
Dear Kerrie:
Enclosed please find my request for variance from the city code requirement
concerning gaining access off of a street that does not have a turnaround at
the end.
i presently have the 25 patio home lots in Westbury Second Filing under
contract to oasis Development (Steve Slezak) who wishes to build single story
units on lots 7 and 8, and have the garages face onto Madison Court and take
access there. I have contacted the adjacent property owner, Alice Gress, and
have not been able to obtain an easement for a turnaround on her property.
our site is limited, and we are unable to provide the turnaround and still
obtain the minimum number of lots required.
The reason for this variance request is simply aesthetics. We wish to break
up the "wall of garages” of two 7-unit groups of homes by having lots 1, 7 and
8 have turned garages so the exterior elevations have some variety and "feel"
better. since we are being required to build the street rather than escrowing
money for it, it seems silly not to use it for those two units and achieve
something positive out of it.
I do not feel that this variance request is unreasonable or will cause safety
or other problems because Madison court is such a short stub in a unified
project versus a through street situation that simply terminates like
Birmingham Drive does in my Lindimer Subdivision. I propose to do the same
sort of things in this instance as conditions of this variance request:
1. We will grant on the plat a temporary access easement on these
driveways and lot frontages to facilitate turnaround movements.
2. We will insert language in the protective covenants of the village
at Westbury specifically notifying the future owners of these two
lots that this turnaround and easement situation exists.
Please consider this variance request.
very truly yours,
It TAI
Mark Linder
ML:cll
Enclosure
Specializing in Development Properties
309 W. Harmony Road Fort Collins, Colorado 80526 = (303) 229-0544
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VICINITY MAP 03/21/95
11-94g6 WESTBURY PUD, 2nd Filing
Referral of an Administrative Change
Westbury PUD, Second Filing - Referral of an Administrative Change
December 18, 1995 P & Z Meeting
Page 2
BACKGROUND:
As required by City Code, the Applicant is constructing a public street (Madison Court) to his
north property line to serve the adjacent land to the north of the Westbury P.U.D., as shown on
the attached site plan. Two lots, 7 and 8, are proposed to take access off of the street stub.
Section 29-657(c) of the City Code requires the dedication of a temporary turnaround easement
for the construction of a temporary gravel road base cul-de-sac. No such temporary turnaround
is needed if no lots take access off of the dead-end street stub. However, if lots take access and
the street stub is open for public access, a public turnaround must be provided to prevent vehicles
from utilizing private property to turn around and exit the dead-end street. In this particular case,
the Applicant believes the requirement is excessive for a such short street stub which serves only
two lots. In addition, if a variance is granted, the Applicant is proposing to dedicate public
access easements on lots 7 and 8 and will file a notice with the County in an effort to notify the
future lot owners that, since no turnaround and temporary cul-de-sac has been provided, the
general public has been granted access to utilize the driveways on the lots in order to turn
vehicles around until such time as the street is extended to the north.
STAFF RECOMMENDATION:
Staff recommends approval of the variance as requested. The Poudre Fire Authority does not
need the turnaround easement and temporary cul-de-sac for fire access purposes since the units
on lots 7 and 8 are fully accessible from Belleview Drive which terminates in a permanent cul-
de-sac. In addition, since the street stub is short and the dead end is highly visible from
Belleview Drive, vehicles needing to exit back out to Westbury Drive can utilize the cul-de-sac
on Belleview Drive.
ITEM NO. 7
MEETING DATE 12/18/95
391 5 l l�- ,
PLANNING AND ZONING BOARD
STAFF REPORT
SUBJECT: Referral of an Administrative Change for the Westbury P.U.D., 2nd Filing,
#11-94#`
APPLICANT: Mark Linder
3500 JFK Parkway
Suite #221
Ft. Collins, CO 80525
OWNER: Westbury, LLC
c/o Linder Real Estate
3500 JFK Parkway
Suite #221
Ft. Collins, CO 80525
PROJECT DESCRIPTION:
Request to vary Section 29-657 (c) of the City Code which requires the construction of a
temporary turnaround (cul-de-sac) at the end of any public street designed to be extended onto
adjacent land when lots in the subdivision take access off the temporary dead end street.
RECOMMENDATION:
Staff recommends approval of the variance as requested.
EXECUTIVE SUMMARY:
Section 29-657(c) of the land development section of the City Code reads as follows: "...no dead
end streets shall be permitted except in cases where such streets are designed to connect with
future streets on adjacent land in which case a temporary turnaround easement at the end with a
diameter of eighty (80) feet must be provided. Such turnaround easement shall not be required if
no lots in the subdivision are dependent on such street for access." A copy of Section 29-657 (a)
through (e) of the City Code is attached for reference. Also attached is a copy of the Applicant's
letter requesting a variance to the Code requirement described in Section 29-657(c). The request
is being referred to the Planning and Zoning Board since Staff cannot vary the requirements of
the City Code.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT