HomeMy WebLinkAboutSTONERIDGE PUD, SECOND FILING PRELIMINARY AND FINAL - 21 92E - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 10
MEETING DATE 4/26/93
STAFF Ted Shepard
PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Stone Ridge P.U.D., Second Filing, Preliminary and
Final, #21-92E
APPLICANT: Les Kaplan
c/o Vaught -Frye Architects
1113 Stoney Hill Drive
Fort Collins, CO 80525
OWNER: Les Kaplan
The Kaplan Company
1060 Sailor's Reef
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request for Preliminary and Final P.U.D. for 43 single
family lots on 17 acres. The project is located north of East
Horsetooth Road, at Fieldstone Drive. The zoning is R-L-P, Low
Density Planned Residential.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
The request for Preliminary and Final P.U.D. for Stone Ridge Second
Filing complies with the Overall Development Plan. The P.U.D.
satisfies the All Development Criteria and is supported by the
Residential Uses Point Chart of the L.D.G.S. A variance from the
absolute requirement that the density be a minimum of three
dwelling units per acre on a gross acreage basis is recommended.
The P.U.D. complies with the requirements of the Solar Orientation
Ordinance. A variance to allow three cul-de-sacs to be built at a
width of 28 feet, from curb to curb, is recommended. A condition
of approval regarding the timely filing of Utility Plans and
Development Agreement is attached.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT
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GENERAL NOTES ATTORNEY'R SgNATWE
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VAUGHT
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PIIElIRURY
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STONE RIDGE P.U.D. a
SECOND FILING
FORT COLLINS COLORADO
to
DAKOTA RIDW P.U.D. RM F'A1/0 Ulu D I VMPU1Tm
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STONE RIDGE P.U.D.
SECOND FILING
FC r caUNS caonwoo
STATEMENT OF OWNERSHIP, SUBDIVISION, DEDICATION
Know all men by these presents; ghat the undersigned being owners
of the following described land:
A tract of land located in the South Half of Section 29, Township
7 North, Range 68 West of the 6th'Principal Meridian, City of Fort
Collins, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the South line of the Southeast Quarter of said Section
29 as bearing, South 89032125" East from a Aluminum Cap in a Range
Box at the South Quarter Corner to a Number Four Rebar at the
Southeast Corner of said Section 29, and with all bearings
contained herein relative thereto:
Commencing at the South Quarter corner of said Section 29; thence
along the South line of the Southwest Quarter of said Section 29,
North 89032137" West, 380.88 feet; thence, North 00012157" East,
991.82 feet to the Northwest corner of Stone Ridge P.U.D. recorded
in Larimer County records, said point being the POINT OF BEGINNING;
thence, along the East line of Dakota Ridge P.U.D. First Filing
recorded in Larimer County records, North 00012157" East, 336.79
feet; thence South 89028158" East, 372.96 feet; thence, South
89028152" East, 1063.20 feet; thence, South 12031109" West, 180.93
feet; thence, South 01034112" East, 181.18 feet; thence South
50021133" West, 34.79 feet; thence, South 10043'40" West, 149.04
feet; thence, South 14040139" East, 94.51 feet to a point on a
curve concave Northerly, having a central angle of 2805514311, a
radius of 673.00 feet and the chord of which bears South 89033145"
West, 336.20 feet; thence along the arc of said curve 339.80 feet;
to a. point on the North line of said .Stone Ridge P.U.D.; thence,
North 7505812411 West, 301.86 feet to a point on a curve concave
Southerly, having a central angle of 4004912111, a radius of 427.00
feet and the chord of which bears South 83036156" West, 297.84
feet; thence along the arc of said curve 304.23 feet; to a point on
a curve concave Northerly, having a central angle of 8400711911, a
radius of 15.00 feet and the chord of which bears North 74044105"
West, 20.10 feet; thence along the arc of said curve 22.02 feet to
the point of intersection with a non -tangent line; thence, South
57059115" West, 54.00 feet; thence, North 32040126" West, 13.34
feet to a point on a curve concave Easterly, having a central angle
of 3204011011, a radius of 267.00 feet and the chord of which bears
North 16020121" West, 150.19 feet; thence along the arc of said
curve 152.24 feet, thence,. North 00000116" West, 124.53 feet;
thence, South 89059144" West, 332.84 feet; to the Point of
Beginning.
503-002
2/26/93
100-367
PROPOSAL:
SCHOOL PROJECTIONS
STONERIDGE PUD, 2nd Filing
DESCRIPTION: 43 single family homes on 16.96 acres
DENSITY: 2.54 du/acre
General Population
43 (units) x 3.5 (persons/unit) = 150.5
School Age Population
Elementary - 43 (units) x .450 (pupils/unit) = 19.35
Junior High - 43 (units) x .210 (pupils/unit) = 9.03
Senior High - 43 (units) x .185 (pupils/unit) = 7.96
Design
Affected Schools Ca aci Enrollment
Linton Elementary 568 484
Boltz Junior High 900 820
Fort Collins Senior High 1300 1315
S72WE .CIn 6f .ems A + PJAJAI-A i
ALL DEVELOPMENT; NUMBERED CRITERIA CHART
ALL CRITERIA
APPLICABLE CRITERIA ONLY
•
CRITERION
Is Ine crllerion 000l,cove,
Will lne cnlelion
be sollst'eol
If no, please explain
eF�t 0' y
ves No
NEIGHBORHOOD COMPATABILITY
1. Social COmDatability
i
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2 Nelghoornooci Character
3. Land Use Conflicts
4. Adverse Traffic Impact
PLANS AND POLICIES
5 Comprehensive Plan r
PUBLIC FACILITIES & SAFETY
6 Street Cocacity
i
7, Utility CODOcity
8. Design Standards
i
9 Emergency Access
,.
10 Security Lighting
/
11.:1Jater Hazards
,
RESOURCE PROTECTION
12. Soils & Siooe Hazard
13, Significant Vegetation
r
14 Wildlife HaDltot
15, Historical Landmark
16. Mineral Deposit
17. Eco-Sensitive Areas
18. Agricultural Lands
/
ENVIRONMENTAL STANDARDS
19. Air Quality
20. Water Quality
21. Noise
22. Glare & Heat
23. Vibrations
24. Exterior Lighting
i
25. Sewages & Wastes
SITE DESIGN
26. Community Organization
i
27. Site Organization
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28. Natural Features
29. Energy Conservation
30. Shadows
.-
31. Solar Access
32. Privacy
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33. ODen Space Arrangement
34. Building Height
OW
35. Vehicular Movement
36. Vehicular Design
-
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37. Parking
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38. Active Recreational Areas
39. Private Outdoor Areas
40. Pedestrian Convenience
41. Pedestrian Conflicts
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42. Lanascaping/Open Areas
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43. Landscaping/Buildings
44. Londscaping/Screening
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45. Public Access
.�
46. Signs
STONEIe/rOGE �ndC �U•D. 10JU1./M. t P/NAL
DENSITY CHART
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TOTAL L
T H E
K A P L A N
I N C O R P O R A T E D
Ted Shepherd, Project Planner
Planning Department
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80522-0580
RE: Stone Ridge P.U.D.
Second Filing
Dear Ted:
C O M P A N Y
The Second Filing of the Stone Ridge P.U.D. is herein being submitted for
combined Preliminary and Final Plan review at the April meeting of the
Planning and Zoning Board.
This 16.96 acre filing consists of 43 single-family lots bordered by
greenbelt, is located directly north of the First Filing, and is within
the "Parcel C" single-family area of the Stone Ridge P.U.D. Overall
Development Plan. The density in "Parcel C" is approved as 2.7 d.u. per
acre; the actual density of the Second Filing is 2.53 d.u. per acre.
Justifications for Less Than 3 D.U. Per Acre
1. The approved Overall Development Plan for the Stone Ridge P.U.D.
shows the area of the Second Filing as 2.7 d.u. per acre, while the
actual density of the Second Filing is 2.53 d.u. per acre. In light
of the relatively small acreage of this Second Filing, this is an
actual difference between what is indicated on the ODP and what is
presented of only two (2) dwelling units.
2. The approved 92 acre ODP contains a density exceeding 3 d.u. per
acre. This is derived from mixed residential uses which include
patio homes in "Parcel B" as part of the First Filing, patio homes
in "Parcel D," and townhomes in "Parcel E" at the northwest corner
of Horsetooth Road and County Road 9. Accompanying this submission
of the Second Filing is a revision to the Overall Development Plan
which preserves an overall density in excess of 3 d.u. per acre but
accomplishes the following:
a. Increases "Parcel E" from approximately 11.0 acres to 12.0
acres and changes the land use designation from townhomes to
apartment/townhomes,-atsQat-0-d.u. per acre.
5•ro
1060 Sailors Reef a Fort Collins, Colorado 80525 6 303/226-6819
Ted Shepherd
Page Two
b. Relocates "Parcel F", the Recreation Complex, from the east half
of the ODP to a more central location, and
C. Changes "Parcel D" as a patio home area at 4.0 d.u. per acre to
a lower density, detached single-family area overlooking the
pond.
3. The 2.53 d.u. per acre density in the 16.96 acre Second Filing is not
due to a larger lot, more rural land use configuration, but rather
typical urban lot sizes of 9,000 to 10,000 sq. ft., but bordered by
greenbelt. This provides an urban lot size option to the standard,
single-family subdivision while assuring land use compatibility with
standard subdivisions in terms of residential use and lot sizes.
There are three cul-de-sac streets in the Second Filing named Jadestone
Court, Jewelstone Court and Rosestone Court._ These are engineered as 28
feet wide streets. Consulting Traffic Engineer, Matthew J. Delich has
prepared a detailed variance request to the Fort Collins Design Criteria
and Standards for Streets, justifying the appropriateness of a 28 feet
width for these particular streets.
Second Filing Planning Objectives
The Second Filing in design and location is consistent with the general
direction•of the City Land Use Policies, and appears to be inconsistent
with none of them. Specifically, the Second Filing contributes to
achieving the following approximate policies:
1. Alternative transportation modes vis-a-vis the 8 foot off-street
bike/pedestrian trail running north -south from the bike lane in
Caribou Drive to the proposed east -west trail along the north
property line in the Pine Cone Farm P.U.D. (Policy 3b).
2. Close proximity to employment, recreation and shopping facilities
(Policy 3d).
3. Consistent with the ODP which has an urban density of approximately
3.25 units/acre for the overall project (Policy 12).
4. Urban development standards shall be applied (Policy 14).
5. Promotes logical growth pattern of the City consistent with
annexation criteria (Policy 12).
n
Ted Shepherd
Page Three
6. - Proposed residential land uses and specific site planning promote a
pleasant, functional and understandable inter -relationships both
between land uses within the project and among the project and -existing
and potential neighboring land uses (Policy 20).
7. Contiguous to developing property to the south, approved as the First
Filing, and to Dakota Ridge to the west.
8. Existence of City provided services and facilities has served as a
tool.in directing development interest to this property (Policy 29).
9. Inclusive of attractively developed green areas to provide a balanced
and pleasing cityscape (Policy 43f).
10. Minimizes the use of automobiles through the inclusion of bike/pedestrian
way (Policy 49).
11. Alternative transportation mode of pedestrian and bike access is
provided for as primary mode of transportation to both the high school,
city park, neighborhood service center and adjoining residential
areas (Policy 64).
12. Greenbelts used to provide transitions and to enhance mixture of land
uses within project (Policy 74).
13. Mix of housing densities provided in ODP (Policy 75).
14. Does not undermine phasing plan of the urban growth area but promotes
it (Policy 77).
15. As a lower density residential project, the. Second Filing has:
a. easy access to existing and planned neighborhood shopping centers
(79a),
b. easy access to major employment centers (79b),
c. within walking distances to existing and planned schools (79c),
and
d. within walking distance to planned neighborhood park (79d).
The applicant believes that the Second Filing, both in terms of its site
plan design and the locational characteristics of the property, achieves
all of the City Land Use Policies for a lower density, single-family project
within a mixed residential ODP. The inclusion of open spaces integrated
between and through the various phases of the plan is a major design feature.
Such open space areas will be designated as tracts and maintained initially
by the developer and eventually by a homeowners' association. Greenbelts
and other forms of open space will provide the major means of buffering
between and within the various areas of the project. Rear lot fencing
resulting in a "stockade" appearance will be prevented through covenants.
Second Filing Phasing Plan
The Second Filing.of Stone Ridge is presented as three (3) phases. The
first phase consists of the six (6) lots on the Rosestone Court cul-de-sac
plus the four (4) lots facing Fieldstone Drive. The first'phase is
expected to begin during the Summer of 1993. The twenty (20) lots along
the Jewelstone Court cul-de-sac constitute the second phase. The third
phase consists of the eight (8) lots in the Jadestone Court cul-de-sac
plus the five (5) lots on the east side of Graystone Drive extended north.
The second and third phases of the Second Filing should commence in the
Fall of 1993.
Changes to First Filing
The site design and engineering for the Second Filing of Stone Ridge
require minor engineering changes to the First Filing.. These include
revisions to the three local street locations on the north side of
Fieldstone Drive and adding water and sewer stubs for the four (4) lots
now shown as taking access from Fieldstone Drive. RBD Engineering
Consultants will prepare the appropriate revisions as administrative changes.
As with the First Filing for the Stone Ridge P.U.D., the project engineer
is RBD Engineering Consultants and .the project architect/planner is Vaught/
Frye. Should you require additional information, please contact me
directly. On behalf of the design team, we appreciate your assistance
in coordinating the City's review of this project.
Yours very truly,
✓ 1CJJ /`S /. A �C ..
Lester M. Kapla
LMK/vv
Stone Ridge PUD, 2nd Filing
April 26, 1993 P & Z Meeting
Page 2
COMMENTS
1. Background•
- Preliminary and Final, #21-92E
The surrounding zoning and land uses are as follows:
N: R-P;
Vacant
(Pine Cone Farm O.D.P. - Single Family)
T
Vacant
(C.S.U.
Agronomy Research Facility)
S: R-L-P;
Single
Family
(Stone Ridge First Filing P.U.D.)
E: R-L-P;
Vacant
(Stone
Ridge O.D.P. - Single Family)
W: R-L-P;
Single
Family
(Stone Ridge First Filing P.U.D.)
Stone Ridge P.U.D. was originally part of the Webster Farm which
was annexed and zoned by the City Council in July of 1992. The
Final P.U.D. for Phase One was approved by the Planning and Zoning
Board also in July of 1992. A request to amend the current Overall
Development Plan has been submitted concurrently with the Final
P.U.D. for Phase Two.
2. Land Use:
A. Overall Development Plan
Both the current and proposed Amended Overall Development Plan
designate the area of Phase Two as "Single Family". Since the
P.U.D. request is for 43 single family lots, Phase Two conforms to
the Stone Ridge Overall Development Plan.
B. Absolute Criteria
The request for 43 single family homes on 17 acres represents a
density of 2.53 dwelling units per acre. This proposed density
does not satisfy the absolute criterion of the Residential Uses
Point Chart of the L.D.G.S. which requires that the average
residential density in the project be at least three dwelling units
per acre on a gross acreage basis.
Staff recommends a variance to the absolute criterion. The
applicant's request (attached) is based on the following:
1. The P.U.D. is designed with an internal greenbelt network
adjacent to all 43 lots. This network is dedicated on the
plat and P.U.D. as Tracts A and B and comprise 4.16 acres.
Since these tracts are dedicated as "drainage, landscape, and
utility easement" these 4.16 acres cannot be platted into lots
for houses. Tracts A and B will be owned and maintained in
common by a homeowner's association. By reserving 4.16 acres
from development, the P.U.D. benefits from an enhanced single
family residential design.
0
Stone Ridge PUD, 2nd Filing - Preliminary and Final, #21-92E
April 26, 1993 P & Z Meeting
Page 3
2. The size of the lots range from 8,338 to 13,657 square feet
with an average of 10,460 square feet. These are urban lot
sizes. The intent is to not create a rural residential
character but urban sized lots within a distinctive
neighborhood setting.
3. Along the west side of Greystone Drive, the eight foot wide
detached bike path is continued north from Phase One. This
path is detached from the flowline by a seven foot wide
parkway strip that features street trees on 40 foot centers.
This path promotes bicycle/pedestrian usage and the parkway
strip with street trees enhances the public streetscape.
4. The O.D.P. consists of 92.8 acres. Because of an obligation
to dedicate 4.8 acres of right-of-way along two perimeter
arterial streets, and because of the need to dedicate 8.2
acres for stormwater detention, the net developable acreage is
79.8 acres. With an ultimate estimated build -out of 252
dwelling units, the O.D.P. maintains the ability to develop at
3.16 dwelling units per acre.
It is Staff's finding that the incorporation of common open space,
detached bike path, and parkway landscaping provide a public
benefit. The O.D.P. has the potential to develop at a density of
greater than three dwelling units per net acre.
Staff, therefore, finds that the provision of public amenities,
maintained by a homeowner Is association, and the 0.D.P.Is potential
to develop at 3.16 dwelling units per acre on a net acreage basis
combine to create a plan that is equal to or better than a plan
that would normally not need such a variance. Because of the
public benefit, and the finding that the Plan is equal to or
better, Staff recommends a variance from the absolute criterion
that the average residential density be at least three dwelling
units per acre, on a gross acreage basis.
The Planning and Zoning Board is empowered to grant variances to
the L.D.G.S. if it can be demonstrated that the proposed P.U.D. is
equal to or better than a plan that could have met the three
dwelling units per acre minimum.
C. Variable Criteria
The project was evaluated by the criteria of the Residential Uses
Point Chart of the L.D.G.S. The project achieves a score of 75%.
Points were awarded for proximity to an approved neighborhood
shopping center (Pine Cone O.D.P.), City neighborhood park (Pine
Cone O.D.P.), major employment center (Horsetooth Business Park and
Platte River Power Authority), and for contiguity to existing urban
Stone Ridge PUD, 2nd Filing
April 26, 1993 P & Z Meeting
Page 4
- Preliminary and Final, #21-92E
development (Stone Ridge P.U.D., Phase One). Therefore, the
proposed density of 2.53 dwelling units per acre is supported by
the score of 75% on the Residential Uses Point Chart.
3. Neighborhood Compatibility:
As a residential P.U.D., Stone Ridge Phase Two is a similar land
use as the adjacent development (Dakota Pines Preliminary P.U.D.).
Because the land use is strictly residential, the project is
considered compatible with the surrounding area.
4. Design:
A. Greenbelt Network
Like Stone Ridge Phase One, the primary design objective is to
create a greenbelt network available to each lot. As mentioned,
this greenbelt system will be dedicated as a non -build area and
under the control of a homeowner's association. This internal
greenbelt system meanders and is shaped irregularly to add
interest.
The advantage of the greenbelt system is to increase the separation
between side and rear yards without enlarging the size of the lots.
This results in open public spaces which are not privatized within
individual lots. As future phases of Stone Ridge are committed to
higher densities, this greenbelt network will contribute to the
buffering between the high and low density areas.
B. Detached Sidewalk
Jewelstone Court will be constructed as a 28 foot wide street with
detached sidewalks. The area between the curb and sidewalk will be
a six foot wide parkway that will feature street trees. This
design will create a more pleasing pedestrian experience by
removing pedestrians away from the flowline (parked cars) as would
usually be the case with an attached walk. In addition, the trees
in the parkway strip, one street tree per lot per street frontage,
will create a more traditional design that shades both the street
and walk at the time of maturity.
C. Entry Feature
The intersection of Fieldstone Drive and Jewelstone Court will
feature an landscaped entry contained within the greenbelt area.
This feature will be maintained by the homeowner's association.
i
Stone Ridge PUD, 2nd Filing -
April 26, 1993 P & Z Meeting
Page 5
D. Fencing
Preliminary and Final, #21-92E
Side and rear yard perimeter fencing is restricted to two types and
heights as specified on the P.U.D. The fencing restrictions are
also a part of the private covenants.
5. Solar Orientation:
Of the total of 43 lots, 28, or 65% are oriented to within 30
degrees of a true east -west line, or have a side lot line facing
south with a non -build area for a distance of no less than 50 feet.
Therefore, the P.U.D. complies with the requirements of the Solar
orientation Ordinance.
6. Transportation:
All streets are publicly dedicated and are classified as local
streets. The local street connection to Dakota Ridge (Greystone
Drive) is paralleled by an eight foot wide detached
bicycle/pedestrian path.
Variance Request - 28 Foot Wide Local Streets
The Final P.U.D. proposes that Jewelstone Court, Jadestone Court
and Rosestone Court be constructed with a width of 28 feet from
flowline to flowline within a 50 foot right-of-way width on
Jewelstone and a 46 foot wide right-of-way on Jadestone and
Rosestone.
These proposed street widths require a variance from the Planning
and Zoning Board. According to the City of Fort Collins Design
Criteria and Standards for Streets:
1128 - foot wide public streets may be used in the City of Fort
Collins provided they are used in a Planned Unit Development
and meet the following criteria:
a. Be a loop street or cul-de-sac which connects with only
one public street.
b. Have less than 750 ADT (average daily trips).
C. Are not accessed from an arterial street.
d. Are not used in a single family area where single family
home face each other across the street.
Stone Ridge PUD, 2nd Filing - Preliminary and Final, #21-92E
April 26, 1993 P & Z Meeting
Page 6
e. One side shall be signed "No Parking" on standard City
signs."
Staff has reviewed the applicant's request (attached) and has made
the following findings:
a. All three streets are cul-de-sacs.
b. All three streets each have less than 750 ADT.
c. For all three streets, there is no access to an arterial.
d. The homes served by these streets face across the street
from each other. Each lot, however, has sufficient
length and width to accommodate a minimum of four off-
street parking spaces. According to Recommended
Guidelines for Subdivision Streets, A Recommended
Practice (Institute of Transportation Engineers, 1984),
the pavement width should be 28 to 34 feet in width. The
proposed 28 feet meets this recommended practice.
e. It is not recommended that one side of the street be
signed "No Parking". This finding is based on
observations of a similar development (Clarendon Hills)
with homes facing across the street from each other.
Based on observations at various times on a number of
days, the average number of vehicles parked on Hinsdale
Drive in Clarendon Hills was three in a length of 1,300
feet. Staff finds that Stone Ridge P.U.D., Phase Two
will be of similar character and that parking on both
sides of the street should not be restricted.
Staff finds that the variance request is appropriate for the scale
and character of Stone Ridge P.U.D., Phase Two. The request has
been reviewed by the Poudre Fire Authority and found acceptable.
The low volume of average daily trips combined with a sufficient
amount of off-street parking spaces allow these 28 foot streets to
function safely in accordance with the standard criteria for the
City of Fort Collins.
staff, therefore, recommends approval of the request to allow 28
foot wide streets for Jewelstone Court, Jadestone Court, and
Rosestone Court based on the finding that request satisfies the
criteria found in Design Criteria and Standards for Street. and Standards for Street. Also,
the P.U.D. is found to be equal to or better than a P.U.D. that
provides 36 foot wide streets.
Stone Ridge PUD, 2nd Filing - Preliminary and Final, #21-92E
April 26, 1993 P & Z Meeting
Page 7
RECOMMENDATION:
1. Staff recommends a variance be granted from the absolute
requirement of the Residential Uses Point Chart of the L.D.G.S
that the density, on a gross acreage basis, be a minimum of
three dwelling units per acre.
2. Staff recommends a variance be granted to allow 28 feet wide
streets, from curb to curb, on Jewelstone Court, Jadestone
Court, and Rosestone Court.
Staff finds that the request for Stone Ridge, Second Filing,
Preliminary and Final P.U.D. satisfies the criteria of the All
Development Criteria and the Residential Uses Point Chart of the
L.D.G.S. The P.U.D. is in conformance with the overall Development
Plan. Staff, therefore, recommends approval of Stone Ridge, Second
Filing, Preliminary and Final P.U.D., #21-92E, subject to the
following condition:
1. The Planning and Zoning Board approves this planned unit
development final plan upon the condition that the development
agreement, final utility plans, and final P.U.D., plans for
the planned unit development be negotiated between the
developer and City staff and executed by the developer prior
to the second monthly meeting (June 28, 1993) of the Planning
and Zoning Board following the meeting at which this planned
unit development final plan was conditionally approved; or, if
not so executed, that the developer, at said subsequent
monthly meeting, apply to the Board for an extension of time.
The Board shall not grant any such extension of time unless it
shall first find that there exists with respect to said
planned unit development final plan certain specific unique
and extraordinary circumstances which require the granting of
the extension in order to prevent exceptional and unique
hardship upon the owner or developer of such property and
provided that such extension can be granted without
substantial detriment to the public good.
If the staff and the developer disagree over the provisions to
be included in the development agreement, the developer may
present such dispute to the Board for resolution if such
presentation is made at the next succeeding or second
succeeding monthly meeting of the Board. The Board may table
any such decision, until both the staff and the developer have
had reasonable time to present sufficient information to the
Board to enable it to make its decision. (If the Board elects
to table the decision, it shall also extend the term of this
condition until the date such decision is made).
Stone Ridge PUD, 2nd Filing - Preliminary and Final, #21-92E
April 26, 1993 P & Z Meeting
Page 8
If this condition is not met within the time established
herein (or as extended, as applicable), then the final
approval of this planned unit development shall become null
and void and of no effect. The date of final approval for
this planned unit development shall be deemed to be the date
that the condition is met, for purposes of determining the
vesting of rights. For purposes of calculating the running of
time for the filing of an appeal pursuant to Chapter 2,
Article II, Division 3, of the City Code, the "final decision')
of the Board shall be deemed to have been made at the time of
this conditional approval; however, in the event that a
dispute is presented to the Board for resolution regarding
provisions to be included in the development agreement, the
running of time for the filing of an appeal of such "final
decision" shall be counted from the date of the Board's
decision resolving such dispute.
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