HomeMy WebLinkAboutEMERSON ACRES SUBDIVISION - MINOR SUB - 22-88 - CORRESPONDENCE - STAFF'S PROJECT COMMENTSCITY OF FORT COLLINS
OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT
March 25, 1988
Mr. Robert Dickinson
8029 South County Road #9
Fort Collins, CO. 80525
Dear Mr. Dickinson:
Staff has reviewed the request for a minor subdivision to be known as Emerson
Acres and offers the following comments:
The letter dated March 14, 1988, that was submitted as part of the sub-
division request, does not reflect the most current understanding of
the issues relating to the proposed subdivision. According to our
records, it was decided in late January that the status of Stanton
Creek and the Provincetown channel shall be in the form of an easement
(as opposed to a dedicated tract) that reflects the 100-year flood -
plain. Consequently, the plat does not show easements for the 100-year
floodplain for both Stanton Creek and the Provincetowne Channel as pre-
viously requested. The easements that are shown are not adequate.
Please refer to the survey that was performed by the City that shows
the limits of the 100-year floodplain for both Stanton Creek and the
Provincetowne Channel. This survey also includes the full legal
descriptions for both. This information should be shown on the revised
plat.
2. Your letter of March 14, 1988 also does not reflect our understanding
of the treatment of the . Provincetowne channel. The City has no plans
to riprap this channel to the confluence of Stanton Creek. This con-
cept was discussed only in reference to the possibility that the Dueck
Company (owners of Benson Lake in Provinectownc) would drain the lake.
If such a release occurred, the City would indeed riprap to prevent
damage to the land. Since the Dueck Company has now informed the City
that Benson Lake will not be drained, the need to riprap to the conflu-
ence of Stanton Creek is eliminated. The City prefers that drainage
channels remain as natural as possible.
SERVICES, PLANNING
Page 2 0 0
3. Staff, however, remains concerned about soil erosion in both the Stan-
ton Creek and Provincctowne channel floodplains. It is important that
a plat note be added to the plat which would state that the owners of
property shall agree to maintain soil stability and natural grasses (or
weeds) to prevent erosion and damage to the drainage channels. The
plat note should also state that the City Stormwater Utility reserves
the right to enter the casements and repair damaged areas. Such repair
work would not be begin without prior notification to the affected
property owner. If it is determined that the damage was due to the
actions of the property owner, the City reserves the right to charge
the owner for expenses incurred.
4. A plat note should be added to the plat that states that any fencing in
the 100-year floodplain for both Stanton Creek and the Provincetowne
channel shall be of a "break -away" type which would not inhibit flows.
The City Stormwater Utility has a specification for this fence. The
details of this specification should be referenced on the plat and
fully described in the development agreement.
5. A 15' utility easement should be dedicated along the east right-of-way
of Lemay Avenue and along the north right-of-way line of County Road
#32.
6. The Public Service Company requests an additional 10' utility easement
adjoining the north line of the 21' power line easement. (Rec.
No.85041845)
7. The Poudre Fire Authority requests two fire hydrants. One should be
located at Lot 1, and one should be located at the corner of Lemay Ave-
nue and County Road #32.
8.
Please provide
a vicinity map on the plat.
90
It is Staff's
understanding that Lots 1-5 shall
be allowed to
develop
and that Lot
6 be allowed to redevelop under
the parameters
of the
r-1-p zoning
without having to design and construct
or pay
for the
street improvements.
This understanding is accurately described in
your letter of
March 14 under paragraph number
#3. In order to create
an accurate public record and to let the facts be
known, please
add the
following note
to the plat document:
The future owners of the six lots described on this plat will be
allowed to develop the said lots under the guidelines of the r-1-p zon-
ing as fully described under Sections 29-146 through 29-160 of the City
of Fort Collins Zoning Code without having to design, construct, or pay
for street improvements. Should any individual or group of lot owners
resubdivide, rezone, or apply for a Planned Unit Development that
otherwise increases the intensification of land use beyond that allowed
by the r-I-p zoning, then that owner or owners shall design, construct,
and pay for the street improvements as an obligation of the development
process."
"In the future, should a Special Improvement District be implemented,
then each Lot owner bordering the street included in the Special
Y �
i
Page 3 • .
Improvement District shall be required to participate in the street
improvements as is customary under the rules and regulations of the City
of Fort Collins. The obligation would be finalized with a development
agreement between the redeveloping land owner and the City."
10. Staff is concerned that
there may be future
lot
owners that would not
exercise prudent review
of the plat document
and
development agreement
that would run with the entire 42.25 acres.
In
order to reinforce the
potential obligation of
each owner, a separate
development agreement
should be entered into
by each owner at the
time of a building permit.
This would be administered at the building
permit stage. Therefore,
please add the following
note to the plat document:
"At the time of application for a building permit on any of the
described lots on this plat, the lot owner shall enter into a develop-
ment agreement with the City of Fort Collins. This development agree-
ment shall state the potential obligation on the part of the lot owner
for street improvements. Street improvements shall be obligated should
the lot redevelop or should a Special Improvement District be formed as
described in the above note."
11. Lot 6 presents a special problem due to the inability at this time to
obtain the necessary dedication for right-of-way for County Road #32.
Staff, therefore, requests that a note be added to the plat which would
obligate the owner of Lot 6 to dedicate the necessary right-of-way if
the owner elects to demolish the existing house and construct a new
house. Please keep in mind that a new house would not be allowed under
the r-1-p zoning unless the old house were removed since only one house
is allowed per lot. Please add the following note:
"The owner of Lot 6 as described on this plat shall dedicate an addi-
tional 30 feet of right-of-way for County Road #32 and an additional 15
feet for utility easement (total 45 feet) as a condition of application
for a building permit for a new principal residence."
12. There has been ample discussion with Mr. Harold Einarsen on the topic
that the zoning of r-1-p requires either a Planned Unit Development or
a rezoning to allow the construction of the residential uses described
under the zoning code. Although this does not have any bearing on the
proposed subdivision, Staff would like to make all parties aware of
this zoning condition. Staff suggests that the path of least resis-
tance would be to rezone the entire 42.25 acres to R-L-P (large case
versus the existing small case) which would allow traditional single
family development along with traditional accessory uses. Staff will
assist and support the application for the rezoning of Emerson Acres to
R-L-P. The process would take approximately three months.
Page 4 .
This
concludes Staff comments at this time. I would
suggest we meet to dis-
cuss
the
comments in detail. Please be aware that
the administrative hear-
ing
with
the Planning Director for approval will
not be scheduled until
after
a
revised plat is submitted for review. As
always, please call if
there
are
any questions.
Sincerely,
TR_k __�
Ted Shepard
Project Planner
cc: Joe Frank, Assistant Planning Director
Mike Herzing, Development Engineer
Glen Schlueter, Stormwater Engineer
Matt Baker, Special Improvement District Coordinator
Harold Einarsen, Suite 300, 419 Canyon, Fort Collins, CO. 80521
Mark Paige, Intermill Surveying, 1301 N. Cleveland, Loveland, CO. 80537
•
March 14, 1988
Planning Department
City of Fort Collins
300 Laporte Ave.
Fort Collins, Co. 80521
We are hereby requesting the approval of a Minor Subdivision for
property we own that is situated in the SW14 of Section 18, T6N, R68, W of
the6th P.M., Larimer .County Colorado-, being the "Emerson Acres Annexation"
to the City of Fort Collins.
The Minor Subdivision is to be named "E?MERSON ACRES SUBDIVISION".
We are enclosing the required iufornrit iuii dti set ont in Ordinance
#113, 1987 of the Council of the City of Fort Collins amending the Code of
the City by the addition of a new Section 99-4(D) making provision for the
expedited review and approval of Minor Subdivisions.
We are extremely concerned that the City, in the process of ronstruction
and paving of the West i of South LeMay Avenue along the Provincetowne
Development, removed portions of our fence, placed large outlet tiles (storm
drainage tiles from the Provincetowne Development. ) on our land and even
started some backhoe work, without our permission. We had to stop the man
with the backhoe who told us his instructions were to do the digging.
Previously The South Fort Collins Sanitation District did some construction
work on our property, again without our permission. They will not even
respond to our concerns. We are not aware that Municipalities, Utility
Companies, etc. or private persons can use other parties property as has been
done to us without legal consequences.
It is our understanding from several meetings we and our Realtor,
Harold Einarsen, had with the staff in the City Planning arid Engineering
Departments that the City of Fort Collins will complete the following at
no cost to us.
1. The City will reduce and restrict the potential quantity of flow
of storm water from the Provincetowne Development thru our property to the
"HISTORIC" flow thru a 12" the that has served the purpose of carrying
the runoff from the west side of LeMay for many many years. Per Matt Baker.
2. The City will channelize at no cost to us the drainage channel
from the Provincetowne Development thru our land to Stanton Creek arid will
attractively Riprap this channel to prevent erosion. Per Matt Baker.
Q 3. The City will allow us to divide the subject parcel of land into
CL, ` these six (6) Lots without our having to design, construct., or pay for any
street improvements. The City will allow the de•vel k�mentof ne home arid
��withou
tsuPPorting outbuildings per Lot as per the Pree!
the Lot owner having to desigpifsLl4 Dv ocuK'c'zo°rE,P`i , Arr,Ta Est ebb. improvements.
Should the Lot owner redevelo Tsai Lot, then ttat owner sha 1 design and
construct the street improvements as an obligation of the development process.
In the future, should a + ree-Special Improvement District be implemented,
then each Lot owner bordering the street. included in the Special Improvement
District shall be required to participate in the street improvements as is
customary under the rules and regulations of the City of Fort Collins. The
obligation would be finalized with a development agreement between the
redeveloping land owner and the City. ,,,,, R,Ao ii6REE/�ENT Po-T TIME: of t3UrLowv
?1;')' PERMAT raZ SACK LCT GWrAk
4. The Provincetowne Channel will need a 50 foot wide easement
from the centerline of the channel and Stanton Creek will need a 65 foot
easement for storm drainage. Per Ted Shepherd letter of Dec. 15, 1987.
The City will provide a driveway entrzin(v complete with a Tile and
paving over the Tile to each of the two remaining Lots that do not presently
have access to LeMay Avenue. These entrances shall be of the same type
and quality of those presently in place.
P''ts NEED PLAT N 6-1-9 Fox L OT (o F fit Fv-ruRE 0i68lCRT rpN F
a
2.O:w' =N NGW kolnE IS COn1STAUGi90.
01
•
In return for the above mentioned agreements, we will agree to dedicate
to the City of Fort Collins the .requested road easements on LeMay and Co. Rd.
32 as spec ificalIy speI l.ed out on t:he Intermill Surveying Blueline Prints
of the plat. We will also grant the 50 foot easement on the Provincetowne
Channel and the 65 foot easement on Stanton Creek as previously mentioned.
Owners of each Lot shall retai^) the right to use any easement
a1onR the Provincetowne Channel and along Stanton Creek for plantings,
gr);-ing, fen( inl; and (.ot.he?r pnrpo5es so long as the same do not reasonably
interfere with the flow of water thru Stanton Creek.
Each lot
owner
shall
have access to the South Fort Collins Sanitation
Di>;tr-ict Sewer
Line
which
runs along Stanton Creek, whether on his
i nd i v i diia l I()t
(W by
err4ement
acro.tiG an adjacent lot.
We are enclosing with this application a copy of our Proposed
Protective Cov(,nants which we trust. are in compliance with the rules
and regulation., of the (Jt�' of I,,rt Collins:.
We trust this application for a Minor Subdivision will be
processed and approved as soon as possible.
Robert. A. Dickinson
Sincerely,
Karen Dickinson
1"
N
DELARATION OF PROTECTIVE COVENANTS
EMERSON ACRES SUBDIVISTON
1. No tract shall be used for other than one single family residence
with either attached or detached garage., One other building used as storage
or a shop facility may be constructed only after approval of the Architectural
Control Committee. No business of any nature shall be allowed that requires
employment of people outside the household. No houses are to be moved in to
any tract or lot. Any structure or improvements shall be completed within
nine (9) months of the date of beginning. All structures shall be finished
with a suitable wood, natural stone, brick or manufactured stone siding as
approved by the Architectural Control Committee.
2. No structure of a temporary nature; Mobile Home, Basement, Trailer,
Tent, Garage, Shed, Barn, or other outbuildings of any kind shall he used on
any lot at any time as a residence either temporarily or permanently.
3. The ground floor exclusive of porches and garages shaII not he less
than 1800 square feet for a one level dwelling and not less than 1000 square
feet for a dwelling of more than one level.
4. Architectural Control: No buildings, incIuding outbuildings, shall
be erected, placed or altered on any tract or lot until the construction
plans, specifications, and a plan showing the location of the said structures
have been approved by the Architectural Control. Committee. The Architectural
Control Committee shall take into consideration the quality of' workmanship
and materials, harmony of exterior design with surrounding existing structures
and as to location with respect to topography. All plans shall be submitted
at least ten (10) days prior to start of construction.
S. No noxious or offensive activity shall be carried on upon any tract
or lot, nor may anything be done that shall become it nusiance or annoyance
to the neighborhood. No tract or lot shall be used for the dumping of trash,
rubbish, or other waste, nor as a parking or storti};e area for materials or
vehicles except for a reasonable period of time while a structure is under
.construction. The Architectural Control Coitunittee reserves the right to
require a fence or planting to surround any open hoat or recreational.
vehicle storage area or require it's removal from the premises. All
property and premises shall be kept in an orderly, clean and sanitary
condition at all times. There shall be no burning of trash or rubbish.
6. Livestock: No animals,poultry ,or any other livestock shall br.
raised, bred, or kept on any tract or lot for commercial pur-poses a;.;
defined by the codes of the city of Fort Collins and Larimer Cuunty. Horses,
cattle, and sheep, not to exceed eight (8) animals oil any one tract or lot
shall be allowed.
h
7. No sign of any kind shall be displayed to the public views
on any tract or lot except one professional sign of not more than two (2)
square feet, one sign of not more than five square feet advertising
the property for sale, or signs used by the builder to advertise the property
during the construction and sales period.
8. These covenants are to. run with the land and shall be binding
on all parties and all persons claiming under them for a period of ten (10)
years from the date these covenants are recorded, after which time said
covenants shall be automatically extended for successive periods of five
(5) years unless a majority of the property owners of the recorded tracts
or lots sign an instrument and have it recorded, agreeing to change said
covenants in whole or in part.
9. Enforcement shall be by proceedings of the law or in equity against
nny persons violating or attempting to violate any covenant either to
restrain or recover damages.
10. Invalidation of any one of these covenants by judgement or
court order shall in no wise affect any of the other provisions which shall
remain in full force and effect.
11. All setbacks for any structure on each lot shall be in accordance
with the Building Codes of the City of Fort Collins.
The Architectural Control Committee shal be made up of the following
members. Robert A. Dickinson, Karen Dickinson, and Aaron J. Dickinson.
L Y—z
�<5
ROBERT A. DICKINSON Date KAREN DICKINSON Date
n
Date