HomeMy WebLinkAboutCOTTAGES AT MIRAMONT PUD - Filed GC-GENERAL CORRESPONDENCE - 2003-07-3111
June 19, 1995
/f � � �_•_.." ,
G� - 41
..•. i Jf.7 eet` J
Project No: 1410-01-94 ; ,' f ,J,
Steve Olt
City of Fort Collins :Planning Department
P.O. Box 580 '�{,(.
Ft. Collins, Colorado 80522-0580 i 3 '
Re: The Cottages at Wramont P.U.D.; Ft. Collins, Colorado
Variance Request (Rule Drive)
Dear Steve,
This is a two (2) part request for variances from City of Fort Collins street standards concerning
Rule Drive between Lemay Avenue and the proposed Cottages at Miramont P.U.D. This request
in made in association with the Cottages at Miramont P.U.D. Final. The two (2) variances being
requested concern the following:
1. street width
2. cul-de-sac end treatment at the west terminus of Rule Drive.
The right-of-way for a small section of Rule Drive (approximately 260.00') from Lemay Avenue,
west to the current Rule Drive terminus, was dedicated with the Oakridge West P.U.D., First
Filing plat. The right-of-way was 68' in width which represents a collector street. Rule Drive
was constructed as collector for this same section to collector standards with vertica cur an
gutter and a 44' wide flowline to flowline street width. Apparently, Rule Drive was master
planned as a collector at one time. The remainder of the Rule Drive right-of-way, adjacent to
Oakridge West P.U.D., First Filing, is to be dedicated as a 68' wide collector right-of-way at
the time Rule Drive improvements are completed according to the agreement between the City of
Fort Collins, Everitt Enterprises Limited Partnership No. 1 and KEM Homes, Inc., referenced on
the final plat of Oakridge West P.U.D., First Filing. Please refer to the Rule Drive dedication
documentation letter attached for further detail concerning the dedication requirements of Rule
Drive.
rk,..��ee�� o� �ior`� srrl�s
The first variance request concerns the proposed 28' street wi th within a 68 (collect standard) •;,-
right-of-way. Because of the amended Master Pran in the immediate area, Rule Drive will no•,
longer continue to the west as a collector street. The main reason for extending Rule Drive at
this time, is to provide access to the Cottages at Miramont P.U.D. We are therefore proposing
narrowing Rule Drive from the current 44' width to a 28' width and maintaining Rule Drive as a
public access. This will allow the flexibility required for access to currently undeveloped
properties north of Rule Drive, possible additional future access to the Collinwood facility south
of Rule Drive, and for the general public to access all properties adjacent to Rule Drive. Section
1.02.10 on page 17 of the City of Fort Collins Design Criteria and Standards for Streets,
allow for 28' wide public streets provided that they meet the following conditions:
-'a. Be a loop street or cul-de-sac which connects with only one public street. This condition is
met with the cul-de-sac treatment being provided and the single street connection to the
existing Rule Drive.
b. Have less than 750 ADT (average daily trips). This condition is met. Refer to traffic study
by Matt Delich dated March 7, 1994 for the Courtyards at Miramont P.U.D.; Delich File No:
9423MEM1. .
4:336 S. College, Suite 12 Fort Collins, CO 80525 (303)226-5334
/
Yn J `' yr -s .144
June 19, 1995
Project No: 1410-01-94
Re: The Cottages at N iramont P.U.D.; Ft. Collins, Colorado
Variance Request (Rule Drive)
c. Are not accessed from an arterial street. Could be considered to access off of Lemay Avenue,
although Rule Drive is a collector standard where it intersects Lemay Avenue. The 28'
portion of Rule Drive does not intersect Lemay Avenue.
r-UVIe? d. are not used in a single family area where single family homes face each other across the
street. This condition is met within the Rule Drive right-of-way.
e. One side shall be signed "No Parking" on standard City signs. This may be accommodated
/j with the Rule Drive plan sheet included with the Utility Plans for Cottages at Miramont
P.U.D.
The second variance being requested concerns the proposed cul-de-sac treatment at the terminus
of Rule Drive near the entry to the Cottages at Miramont P.U.D. The City of Fort Collins
Design Criteria and Standards for Streets indicates that the minimum allowable radius for a
cul-de-sac provided with vertical curb and gutter, is forty feet (40). T its -standard is genera( y
The proposed Cul-de-sac ece"ss, requirements ana� not -general pudic turn around requirements. `
actlitattng etnergeney a j
p p treatment has been designed to fit within the 68' wide dedicated right-,-
of -way and results in a minimum flowline radius of thirty three feet 3'),'" he cul-de-sac is not
proposed for emergency access considerations. All on -site Cottages atramont P.U.D. sitework
design provides the necessary emergency vehicle dual access and turn -around requirements. The
cul-de-sac is proposed to delineate public and private access, allow public traffic not interested in
__ __- ...
conttnuutg to prtvai��Vrope_fY, the a�Iternative oi�easiIy turning aroutii�The cul-de-sac treatment
lias keen configured to maximize the turn around radius and to aureate traffic to the private
access pc esioints to a logical smooth fashion. Signage has been incorporates with tied ule ve
gn provided with the final Utility Plans for the Cottages at Mirimont P.U.D. The sig age ZJ,;
provides warning to the general public of private properties and that public access terminates. \,.....--' '`'
li►„
It is clear that the proposed typical street section and the cul-de-sac end\treatment, will have no
potential damaging effects on the health, safety and welfare of the general�public.
If you have any questions, please call at (970) 226-5334.
Sincerely
F
� it
"
\
Brian W. Shear, P.--
E.
• ' 4
`�
Shear Engineering Corporation
'®o,,�`•J , p "'� t
BWS / tnb
t
cc: Albrecht Homes
Vaught -Frye Architects
Mike Herzig; City of Fort Collins Planning
attachments
f
F O U N D A T I O N
Sharing God's Love with the World.
November 20, 1995
Mr. Frank Bramwell, Vice President
UMB Bank, N.A.
Corporate Trust Division
928 Grand Avenue;
Kansas City, MO 64106
RE: Bethesda Foundation-Collinwood Project
Fort Collins, Colorado
(Series 1993 Bonds)
Dear Frank:
The City of Fort Collins, Colorado wants to develop and construct an expansion of Rule Drive,
which is to the north of Bethesda's Collinwood facility. Rule Drive currently only extends about
half way across the northern boundary of Bethesda's property, but the city wants to extend the
street across Tract A, as shown on the enclosed plat.
Bethesda wants to cooperate with the city, and we believe that the proposed street expansion will
be beneficial to Bethesda. However, before we agree to do anything, we wanted to make sure we
complied with all covenants and terms of the bond documents, and to give you prior notice so
that we could address any concerns you may have.
We believe this situation is covered by Section 3.05 of the Master Trust Indenture dated
September 1, 1993, which in subsection (b)(iv) allows for permitted liens consisting of rights
reserved to or vested in any municipality or public authority by the terms of any right, power,
franchise, grant, license, permit or provision of law, affecting any Property. We believe the street
dedication is also covered by 3.05 (b)(v), which allows for any liens described on Exhibit B
existing on the date of the Master Trust Indenture. Exhibit B sets forth the permitted liens, and
number 9 on the list specifically refers to the restrictions regarding Tract A set forth on the
recorded Plat, wherein the owners of the land agreed to dedicate Tract A for public use as a
street. This permitted lien was also disclosed in the title policy, Schedule B, Item 15.
^465 Kelly Jehnscn Blvd, Suite 202
Ccicrccc Spnngs, CO 80920
(719) 594-COC9 FAX: (719) 531-6820
Mr. Frank Bramwell, Vice President
UMB Bank, N.A.
November 20, 1995
Page 2
The street dedication has apparently become necessary due to development of property
immediately to the west of Bethesda's facility. The developer of that property will be obligated to
pay (or reimburse the city) for the costs of constructing the street expansion over Tract A,
pursuant to the recorded Agreement dated August 21, 1987 (Item 8 on the Permitted Liens). The
city has assured us that the development of the property to the west of our facility has triggered
the need for the street dedication, as contemplated under the Plat restrictions and the Agreement,
which require the owners of the property adjacent to Tract A to dedicate Tract A to the city for
public use as a street.
We have reviewed the Plat and the Agreement, and we have concluded that we are probably
obligated to dedicate Bethesda's interest in Tract A to the city as requested. As I indicated earlier,
we want to cooperate with the city in any event, and we view the expansion of Rule Drive as
beneficial to Bethesda. Therefore, we would like to work with the city and do whatever is
reasonably necessary to dedicate Bethesda's interest in Tract A for public use as a street. Since
the recorded documents contemplated dedication of Tract A, and these documents were disclosed
in the bond documents, we do not believe dedication of the street creates any violations or other
problems under the bond documents. However, if you believe the street dedication would create
any problems whatsoever, please give me a call at your earliest convenience and we will do
whatever we can to address your concerns and comply with the terms of the bond documents.
Thank you for your cooperation and assistance.
incere ,
c �
Don A. Morgan i
President
Enclosures