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Home My WebLink AboutEMERSON ACRES - Filed CS-COMMENT SHEETS - 2003-10-16CITY OF FORT COLLINS OFFICE OF DEVELOP',1ENT SERVICES, PLANNING DEPARTMENT March 25, 1988 Mr. Robert Dickinson 8029 South County Road u9 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 arc 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- ccpt was discussed only in reference to the possibility that the Dueck Company (owners of Benson Lake in Provincetowne) 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 3. Staff, however, remains concerned about soil erosion in both the Stan- ton Creek and Provincetowne 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 easements 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. 9. 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-l-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-I60 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-1-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 Page 3 Improvement District shall be required to participate in the street improvements as is customary under the rules and regulations of the Citc of fort Collins. The obligation would be finalized with a development agrecmcnt 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- mcnt 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-I-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 calf if there are any questions. Sincerely, T� 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