HomeMy WebLinkAboutYOUNGS CREEK - Filed GC-GENERAL CORRESPONDENCE - 2004-09-07June 3. 1998
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Leanne Harter
City Planner
City of Fort Collins Current Planning Department
281 North College Avenue
Fort Collins, Colorado 80522-0580
RE: Prospect Creek (formerly Cynkar-Grace)
Project Development Plan
Dear Leanne:
Planning Objectives:
On behalf of Grace/Cynkar LLP, Jim Sell Design Inc. is submitting the Project
Development Plan for the proposed Prospect Creek Residential Development for review
by the City of Port Collins. The proposed development is an infill project that is
currently zoned MMN - Medium Density Mixed -use Neighborhood District. The site
consists of 3.75 acres that is bisected by the Spring Creek Importation Channel. The site
is bordered on the north by Prospect Road, the west by Landmark Apartments and the
Seaman Subdivision, on the south by the proposed Spring Creek Village development,
and on the east by the Sheely Subdivision.
The proposed site plan is designed as a transitional buffer between the existing single
family developments (approx. 4 du/ac) east of the site and the existing apartment complex
(approx. 16 du%ac) to the west of the site. The layout and the design of the proposed
structures are intended to preserve the mountain views from the surrounding
developments. The patio homes have been designed with a simple single roof line and
then aligned to preserve the views from the Sheely Sub. The 2-story townhome units
have been placed next to the existing 3-story Landmark Apartments units, which will not
only not block the views from the surrounding areas, but buffer the views of the
Landmark Apartments. The proposed circulation is designed to allow traffic to enter the
site from Hobbit St., the interior streets are proposed as private streets. The eight patio
homes provide parking within two car garages as well as driveways with each unit. The
eighteen townhomes will each have a one car garage for parking, as well as 17 parking
stalls along the private drive. Street tree plantings will be incorporated along the private
streets, and evergreen and deciduous tree and shrub buffering will be used to relieve the
visual impact of the development for the surrounding areas. All open space landscaping
will be managed by the Homeowner's Association. Sidewalks exist adjacent to the site
along Hobbit St., as well as along Prospect Road. Pedestrian access to the site is
accommodated from the proposed sidewalk along the private streets. There are two
existing bus stop locations within approximately eight hundred feet of the proposed site.
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May 19, 1999
1949 Wallenberg Drive
Fort Collins, CO 80526
Mr. Steve Olt
Current Planning Department
CITY OF FORT COLLINS
P.O. BOX 580
Fort Collins, CO 80522-0580
Dear Mr. Olt:
This letter is to request that Hobbit Street be extended eastward to connect with
Wallenberg Drive as a part of the adjacent subdivision plan.
As a Sheely subdivision resident, I have seen times when traffic backups on Prospect
Street have nearly closed off the only access points to this subdivision. Access out to
Shields could prevent this and avoid a potential emergency condition.
Those traveling south or west from the Sheely area could use the Hobbit access to avoid
the Shields/Prospect intersection. Any traffic reduction at that intersection is worth
considering, not to mention the convenience to drivers. This would also lighten the traffic
congestion at Whitcomb and Prospect, which is often a hazardous mix of pedestrians,
bikes, and vehicles.
Not many from outside would take Hobbit as a route to east bound Prospect. A "not a
through street" sign could be posted to discourage such.
Thank you for your attention to this development suggestion.
Sincerely,
Charles C. Smith, P.E.
...cam✓� i
FROM:
RE:
DATE:
Gentlemen,
,us
Fire Prevention Bureau
John Shaw
Grace/Cynkar LLP
3533 Harbor Way
Ft. Collins, CO 80524
Phone: 970-221-6570
102 Remington Street Fax: 970-221-6635
Fort Collins, CO 80524 Internet: www.poudre-fire.org
Ronald Grace
1646 Ukiah Lane
Ft. Collins, CO 80525
Ron Gonzales
Assistant Fire Marshal, Plan Review
Emergency Access -Young's Pasture
May 24, 2002
I would like to take this opportunity to commend the design and the engineering
teams for the great efforts exuded by these professionals to try to achieve a second
point of emergency access for a difficult project.
However, despite these efforts, a second point of emergency access suitable to the
needs of the Poudre Fire Authority was not had. Given this fact, (and knowing
that in the future, another road will come off of Hobbit, but not knowing "when"
this eventuality will take place) all previous agreements are null and void, because
said agreements were predicated on the emergency access ramp being available.
In order for this project to proceed, I know of only one alternative I could defend
before the Fire Marshal due to the extraneous length of the Cul-de-sac. This
alternative is to fire sprinkler all residential spaces, including the apartments
located over the garages associated with the single family detached product
shown on Option A.1 of your revised submittal dated 03.05.02. This is in
accordance with 3.6.6(B)(1) of the FCLUC which allows such modifications to
emergency access requirements when structures are provided with automatic fire
sprinkler systems.
If this alternative is amenable to you all, I believe I can get this project approved.
I would like to have your response to this alternative within the next 15 working
days.
If you should have any questions, just call. I'm at your service to do whatever I
can to help make this project a reality.
Sincerely,
Ron Gonzales
Assistant Fire Marshal
Cc: Ray E. Kramer
77'5 Poplar Avenue
Boulder. CO 80304
Kevin Wilson, Fire Marshal
Steve Olt, Current Planning Dept
✓ Susan Joy, Development Review Engineer
Grace/Cynkar LLP 3533 Harbor Way Ft. Collins, Co. 80524
Mr. Ron Gonzales 0
Poudre Fire Authority APPROVED AS NOTED
102 Remington St. u ��la- Dabs
Fort Collins, Co. 80524 Poudre Fire Auftrty
Dear Ron,
We are submitting a formal request pursuant to the conversation with Ron Grace
regarding the cul-de-sac diameter. As you know, we have been trying to get this very
small 3 acre parcel through the very rigorous development guidelines set forth by the City
of Fort Collins., Landmark Preservation, and the Poudre Fire Authority.
We started this process over 4 years ago, and every time we get close to completion, the
rules change. Specifically, the diameter of the cul-de-sac. Our last submittal and
engineering met all the requirements for the city streets along with Poudre Fire Authority.
However, we couldn't reach agreement on the fire access and slope up to Prospect due to
conflicting requirements with all of the above organizations. Therefore, we redesigned
and resubmitted, only to be told by the city that the cul-de sac now does not meet the new
city requirements for diameter
After speaking with Susan Joy, city engineering staff member, she recommended we ask
Poudre Fire Authority for an exemption from this new requirement. As I understand it,
the exemption would allow the cul-de-sac to remain the 40' diameter, in lieu of the new
50' requirement.
I would like to point out that all of the buildings are required to be sprinkled for fine
protection as is.
As you know, the new City Plan for infill and increased density is at odds with Poudre
Fire Authority as well as many of the neighborhoods where the infill would take place.
We have accommodated extensively everywhere we can to make the neighborhood,
Landmark Preservation, and the City satisfied with the project. For example, the project
is zoned MMN which would allow for 46 residential units, which the neighborhood
strongly opposes. Thus, we are submitting the project with only 20 units, which is against
the philosophy of the entire City Plan for urban infill.
My point for bringing this to your attention is to explain that it is impossible to make
every organization 100% satisfies with the project and that cooperation among the
entities is critical for anything to take place in Fort Collins.
We are unable to meet the new 50' diameter for the street, due to the utility easements,
setbacks for structures, and the physical constraints of the site. Therefore, we ask for your
support in letting us defer to the original requirement when we began the project. Please
contact me at anytime if you need further information or would like to discuss the matter
further. We look forward to hearing from you in the near future as we only have a short
period of time to resubmit the application.
Sincerely,
John J. Shaw -member
i_ i
Grace/Cynkar LLP
ph. 970-481-4182 Facsimile 970-484-0699 E-mail Js2533@yahoo.com
Susan Joy - Fwd: Re: Young's Creek Prospect Improvements Page 1
From: Tom Reiff
To: Susan Joy
Date: Thu, Oct 10, 2002 1:24 PM
Subject: Fwd: Re: Young's Creek Prospect Improvements
thanks Susan, I'll change my comments in DMS also.
ii 7
>>> Susan Joy 10/10/02 08:34AM >>>
Based on our last conversation, Dave Stringer agrees with the 7' attached walk along Prospect. I'm going
to change my comment a little to reflect this. Thanks for your help Tom!
Susan Joy - Re: Young's Creek Prospect Improvements Page 1
From: Dave Stringer
To: Susan Joy
Date: Thu, Oct 10, 2002 8:29 AM
Subject: Re: Young's Creek Prospect Improvements
just make it so
>>> Susan Joy 10/09/02 04:12PM >>>
Tom Reif is agreeable to the T attached. Would we need to have them submit a variance request for that
or "just make it so"?
>>> Dave Stringer 10/09/02 04:10PM >>>
Since we don't know when or if Prospect will be improved I suggest it gets installed attached at the 7 foot
width, Check with Trans coord. for agreement.
Dave
>>> Susan Joy 10/09/02 01:23PM >>>
Will we want them to install the sidewalk at the ultimate location along Prospect or is an interim condition
acceptable.... like a 7' attached? Would I need them to submit a separate variance request for that?
The bus stops are located at the intersection of Shields St. and Prospect Road. Bike
Lanes currently exist along Shields St. and along Prospect Road west of Shields St.
The developers have conducted two neighborhood meetings, to incorporate neighborhood
input within the design of the development. Density, flooding, and the desire for the site
to be a park where the major complaints from the neighborhood at the first meeting.
Following that meeting, the developers put the project on hold for a few months while the
City of Port Collins Parks Department evaluated the site and made an offer the buy the
property for a City Park. The offer fell short of the market value of the property, and the
developers continued with the project. At this point the developers decreased the number
of townhome units by half (36 units to 18 units, and 3-storys to 2-storys), thus lowering
the density on the site. The project civil engineer evaluated the storm drainage on the site
with regards to the FL'MA 100 year floodplain, and found the developable area of the site
to be out of the designated floodplain. Jim Sell Design on behalf of the developer
presented the changes to the neighborhood at the second meeting. The major concerns of
the neighborhood continue to be with density and storm drainage, and also architectural
character with regards to how the development Will blend in with the existing
surroundings. he developers are continuing the work with the neighborhood on these
issues. We feel the Prospect Creek project meets all the requirements of the Land Use
Code, and achieves the following City Plan Principles and Policies:
Principle LU-1: Growth within the city will promote a compact development
pattern within a well defined boundary.
Principle LU-2: The city will maintain and enhance its character and sense of
place as defined by its neighborhoods, districts, corridors, and edges.
Principle LU-3: The City Structure Plan will be used to provide a geographic
depiction of how these City Plan Principles and policies are applied throughout
the city.
Principle LU-4: More specific subarea planning efforts will follow the adoption
of these City Plan Principles and Policies which tailor City Plan's city-wide
perspective to individual neighborhoods, districts, corridors, and edges.
Principle T-5: The. City will acknowledge pedestrian travel as a viable
transportation mode and elevate it in importance to be in balance with all other
modes. Direct pedestrian connections will be provided and encouraged from
place of residence to transit, schools, activity centers, work and public facilities.
Policy CAD-1.4 Street Tree Design.
1'rinciple HSG-1: A variety of housing types and densities will be available
throughout the urban area for all income levels.
Principle HSG-3: Neighborhood stability must be maintained and enhanced.
Principle GM-7: Strategies will be explored to seed initial development 'in
specified locations, and to provide the special features that offset the impacts
associated with increased densities.
A rchilee tu!w
A R c u rr e c r u R R+ URBAN DESIGN LLc landscape Architecnur
KSite 1'lannint;
Feb. 10, 2003
Mr. Steve Olt
City Planner
City of Fort Collins Current Development Department
281 North College Avenue
Fort Collins, CO 80522-0580
RE: Young's Creek - Project Development Plan
Request for Modification Update
Dear Steve:
Recently our firm forwarded to you a formal Request for Modification (please note
that review of that material indicates that the Request was submitted on January
30, 2003 but was erroneously dated Sept. 11, 2002 - the date of the Young's Creek
submittal). Since that formal request, our design team has reviewed with several
agencies, as well as your department, utility easements requirements. Given the
nature of this tight site, a reduction of an easement's width could lessen the
magnitude of non-compliance (in terms of the single family zero lot line and six
foot adjacent setback condition) or, possibly, eliminate the need for the requested
modification.
Attached to this cover letter is an "in progress" revision to the single family portion
of the proposed project. At this time, this correspondence does not represent an
intent to 'withdraw' our request for the setback modification but, rather, a status
report of the recent utility casement meeting, subsequent conversations with you
and 'potential' revisions to the single family portion of the site plan.
As indicated on the following attachment, several benefits to the site plan that
better accommodate the single family component of the proposal result. I will give
You a call to discuss your observations regarding these potential improvements and
potential next steps.
As always, thanks for your assistance with this proposal.
Ray E. Kramer
cc : Ron Grace
JJ Shaw
.Si7b!h51.
Bouirirr, Cu!nra;!u riC30�'
Young's Creek : Site Plan Revisions (In Progress) - Single Family Lots
NOTES
O
General: This "in -progress" site plan illustrates potential improvements to the single family portion of the Young's
Creek Site Plan based upon recent meetings and discussions re: utility easement requirements.
I. Previous Building and drive locations (per Sept. I I submittal) indicated by ".shadow" areas.
2. This "in progress" site plan indicates a six foot setback (approximately; this dimension to be verified) for
Carriage I louse E-2 from its west lot line and six foot separation from the adjacent Carriage House D-2 (zero lot
line condition). The recent setback modification request (based upon the Sept. I I submittal) indicated this distance
as approximately (2.) feet.
3. Carriage House/Garage G2 repositioned ..... garage doors will not face onto street/cul-dc-sac when compared to
Sept. I I submittal
4. (2) parking spaces proposed at mail kiosk
WKf ARCHI'I EC'I URE + URBAN DESIGN, L.L.C. 10 FEB 2003
SEAR•E�OWN
209 South Meldrum
Fort Collins, Colorado 80521
(970)482-5922
FAX (970) 482-6368
September 11, 2003
Susan Joy
Engineering
City of Fort Collins
281 N. College
Port Collins, CO 80524
RE: Young's Creek Subdivision Variance Request
Dear Susan:
I am writing on behalf of our client, Grace, Cynkar, LLC, to request variance fiom the Larimer County Urban
Aica Street Standards (LCUASS) for design elements of the Young's Creek Subdivision site:
I) Minimum tangent length: Part 7.4.I.A.2 of the standards requires minimum tangent lengths between
curves. 'I he street in question is the proposed Hobbit Street extension into this site, which is a local
residential street. The minimum tangent length required by the standards for this street is 50 feet I am
requesting that thi.v requirement ter minimum tangent lengths between horizontal curves be waived for the
horizontal ali mments on Flobbit Strcet at the area of connection of the proposed new street to the existing
street. The proposed centerline alignment includes a tangent of approximately 10 feetjoining two 240-foot
radius curves, and the right and left towlines include 39-foot tangents. The reason for this alignment is due
to the narrowing of the street and consideration for a future street near the currently proposed street extension.
Following are sonic supporting arguments for this variance request:
a) The design speed for this street is 25 mph:
h) "fhe location of the horizontal tlowline curves is within the transition from the existing 36-foot street to
the proposed 30-toot width, and the varied curves are necessary to accommodate the transition,
c) The proposed horizontal alignment provides for safe and smooth passage of vchictes at the design speed;
(1) The proposed horizontal alignment presents no limitation for fixture intersection west of proposed
extension,
e) "The proposed horizontal alignment presents no additional maintenance requirements or costs.
2) Vertical curve lengths: Part 7.4.1.B.3.a of the standards requires minimum K-values for vertical curves for
centerlines and Towlines lux crest curves.. for centerlines on sag curves, and requires no vertical sag curves in
Iowlines. The minimum K-values for sag curves for the street in question, proposed Hobbit Street extension
into this site is 30. 1 am requesting that this requirement for minimum K-values of vertical curves be waived
for this street, and that vertical sag curves be allowed for flowlines. The K-values for the sag curves as
proposed are 28 for the Iett flowtine, 30 for centerline, and 26 for right tlowline:
a) The vertical alignments as proposed are necessary to provide for a low point in the street near the box
culvert for stol tn events in excess of the I00-year design storm event
Page 1 of 3
L:\JOBS\1005001\docs\variance request 9-11-03.doc
b) The minimum vertical curve lengths as designed conform to the standards, indicating that the relationship
of the length of the curves to the grade difference through the curve at the design speed provides for safe
vehicle passage;
c) The proposed horizontal alignment presents no additional maintenance requirements or costs.
3) Driveway access: Part 9.4.2 of the standards requires that driveway entrance angles be 90' plus or minus 10'
for a minimum ol'25 1'ect measured perpendicular to the centertine of the street from the curb. The proposed
private drive is horizontally aligned at an angle of about 45°, and as such does not conform with the standard.
The proposed alignment does provide a safe and effective access because:
a) The drive access is located at the 90' intersection of flobbit Street and Grace Court, which provides
ample sight distance in both directions for vehicles entering the street, and therefore provides a safe
access condition:
b) The Poudre File authority requested that this access be aligned with Hobbit for easy access by fire-
fighting equipment
c) The drive access will not utilize a curb cut but rather will exit the street over a rollover curb and gutter,
which will slow traffic through the entrance.
4) Bulb-out/Widening: Part 7.6.3 requires that, for streets less than 36 feet wide, turns with centerline radii less
than required by Table 7-3, said turns shall be widened to an additional 8 feet, as specified in Standard
Drawimz 7-20. Hobbit Street and Grace Court are both 30 feet wide, and the centerline radius is 39 feet at the
90° intersection of these streets. The proposed widening to additional 6 feet at this turn is less than the
required 38 feet, but is adequate because:
a) There will be no parking in this segment of the street, and therefore there is no need for this additional
width to provide adequate Honing space for large vehicles:
h) Widening to a total width of 36 feet at this intersection provides adequate space for large vehicle buns,
consistent with the intent of the standard.
5) Attached sidewalk in utility casement: Part 7.7.6.A requires that a minimum 4.5 foot sidewalk for local
residential streets be set back 6 feet from street t1owline and that there shalt be a minimum 9 foot utility
casement behind the %aalk. The proposed horizontal alignment in the vicinity of the widened segment of the
sheet at the intersection of I lobbit Street and Grace Court includes an attached 5 foot sidewalk which extends
approximately 2 feet into the utility casement at the northwest side of the street. We propose that this
hori/ontal alignment °s necessary and is adequate to accommodate the intent of the standard because:
a) Strict adherence to the standard will effectively eliminate Building 3 from the site plan by violating the
minimum setback from the ROW, causing extreme hardship;
b) No parking will he allowed in this area, so the rollover type curb and gutter in the vicinity of the 5 foot
attached walk effectively provides one additional foot to the width to the walk;
c) There were no objections from utility providers at a utility coordination meeting discussing this sidewalk
in the utility casement;
d) This condition is only for a limited distance;
c) The proposed alignment provides safe and effective pedestrian access.
11
6) Cul-de-sac length: Part 7.6.1.E requires a maximum cul-de-sac length of 660 feet. The proposed site plan
includes a cul-de-sac with a length of approximately 1000 feet. as measured from Shields Street. We propose
that this layout is adequate to meet the intent of the standards because:
a) The feasibility of connection of through -street to north or east has been examined exhaustively and has
been determined to be infeasible;
b) a new street is anticipated to be constructed in the future near the western boundary of this project which
will provide greater circulation and alternative access means, effectively reducing the cul-de-sac length to
approximately 540 teM
c) all ofthe proposed buildings within the proposed project wilt be equipped with fire protection sprinkler
systems to provide additional interim fire protection_
1, PJOBS\1005001 docv`,varlLill cc rcyuest 9-11-03.doc Page3of3
d) the POndr'e Fire Authority concurs that, with these criteria, adequate fire protection will be achieved.
7) Cul-de-sac radius: Part 7.6. LD requires a minimum cul-de-sac radius of 50 feet. The radius of the proposed
cuI-de-sac is 40 feet liom center to flow lInc. We propose that variance to this standard be granted because:
i) Strict adherence to the 50 foot standard is not possible due to site restrictions;
b) the intent of the 50 foot radius standard is to provide adequate turning movement primarily for lire
protection equipment. The Fire Authority has agreed that this 40 foot radius will provide adequate
turning space. as long as no parking is allowed in this area;
c) no parking will be allowed in this area.
The proposed Young's Creek Subdivision is located at the end of a local residential street. Given the character of
the proposed development, it is preferable to slow vehicle traffic as much as possible. The elements included in
this variance request serve to slow traffic, provide adequate emergency access, and provides all required elements
ol' stonnwatei management, while at the same time providing safe and effective access for residents as motorists
and pedeshians. The proposed design (as varied) provides a practical solution to street access, and variance from
the standards will not be detrimental to public health, safety or welfare, and will not obligate the City of Fort
Collins to additional maintenance costs.
Thank you hrr your careful consideration of this request, and please call me of you have any questions.
Yours truly,
Michael T. Carr
Project Manager
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Community Planning and Environmental Services
Advance Planning Department
City of Fort Collins
Mr. Cam McNair, City Engineer
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
November 12, 2003
Re: Modification or Variance of Standards 3.2.4 and 3.3.2 of the Land Use Code, and applicable City
Engineering Street Standards, for Young's Creek PDP
Dear Mr. McNair:
The Landmark Preservation Commission is supporting a modification to the Land Use Code Standards
3.2.4, "Site Lighting," and 3.3.2, "Development improvements" for the Young's Creek development.
Additionally, the Commission would like consideration of variances of applicable City Engineering Street
Standards. This request is based upon the development project's close proximity to the Sheely Drive
Neighborhood, a Fort Collins Landmark District.
A significant feature of the Sheely Neighborhood is its urban design innovations, unprecedented for the
time. As explained in the landmark nomination, a key aspect was the programmed lack of traditional
street lighting to fit with the original "back to nature' movement: "The layout of the subdivision was
designed to take advantage of the natural topography of the area, with the houses designed to fit in with
the natural terrain.....the street ... was consciously designed to have no curbs, gutters or sidewalks....
Another conscious design element of the neighborhood is the lack of standard street lights in favor of
lampposts. This less intrusive lighting choice protects the neighborhood's view of the night sky, and is
again representative of the emphasis placed upon the natural environment...."
Protecting the neighborhood from spilled light from the new development has been an early and on -going
concern. As such, the Commission voted as a body to support variances or modifications of the street
lighting standards to protect the historic integrity of the District's setting, feeling and association, three of
the seven aspects of integrity that define a historic property. The Commission's goal is to create a
situation whereby the Sheely Neighborhood can retain the ambiance of its historic urban design, while
accommodating a compatible amount of lighting for the new development.
Thank you for your consideration.
Sincerely,
W.. J. (4d) Frick, Jr., Chair
,tandmark Preservation Commission
:'s l Nra-th <ofloi;r AN enuc • ('O. Bor580 • Port Col I it s, C080a 2-0580 • (070) 221-6376
1:,AA 070) 224-6111 —DI) ((J,-O) 224-6002 • 1--mail: IpIInniitt, "It Cum
Principle GM-8: The City will promote compatible infill development in targeted
areas within the Community Growth Management Area Boundary.
Principle AN-]: New neighborhoods will be integral parts of the broader
community structure.
Principle AN-4: Design policies for residential buildings are intended to
emphasize creativity, diversity, and individuality. The following design policies
are based on the premise that truly creative design is responsive to its context and
the expressed preferences of citizens, and contributes to a comfortable, interesting
community.
Principle MMN-2: The layout and design of a Medium Density Mixed -Use
Neighborhood will form a transition and a link between surrounding
neighborhoods and the Neighborhood Commercial Center or Community
Commercial District.
Conceptual Review Issues:
Zoning Department
a) noted
b) noted
c:) Parking has been provided at the following requirements:
8 patio homes (3 bdrm) @ 2/unit = 16 spaces
18 townhomes (2bdrm) @ 1.75/unit = 32 spaces
total spaces required = 48 spaces
total spaces provided = 51 spaces
(1) noted
Water and Wastewater Utility
All comments have been taken into consideration.
Stormwater Utility
All comments have been taken into consideration.
Light and Power
All comments have been taken into consideration.
Engineering Dept.
All comments have been taken into consideration.
Poudre Fire Authority
a) fire access has been provided from both I Iobbit St. and Prospect Road.
b) noted.
Building Inspections Department
All comments have been taken into consideration.
Transportation Department
a) a TIS has been provided.
ID) bicycle and pedestrian connections have been provided, as well as
bicycle parking.
c) noted.
Park Planning Division.
All comments have been taken into consideration.
Current Planning Department
All comments have been taken into consideration.
Property Owners/Applicants
Grace/Cynkar L LP
Leroy Cynkar Ron Grace
2614 Prospect Rd. 2835 Links Dr.
Fort Collins, Colorado 80526 Boulder, CO 80301
Please review this information and should you have any questions, give me a call.
Sincerely,
JIM SELL DESIGN Inc.
J. Brad Saucermian
Landscape Architect/Project Manager
encl.
Commu—�ty Planning and Environmental cervices
Current I inning
Citv of Fort Collins
August 6, 1998
Jim Sell Design, Inc.
Brad Saucerman
153 West Mountain Avenue
Fort Collins, Colorado 80526
Dear Brad:
At a recent transportation coordination meeting, the proposed development
known as Prospect Creek (Young's Pasture) was discussed. At that meeting, the
possible access onto Prospect Road was discussed, and the direction given was
that no access (other than fire access) would be allowed onto Prospect. In
addition, the fine access must be designed so that it complies with the
requirements of the Poudre Fire Authority.
If you have any questions regarding these comments, please feel free to contact
me at 221-6750.
Best regards,
Leanne A. Harter, AICP
City Planner
xc: Tim Blaridford
File
381 North CO jI(s"e Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
September 21, 1999
Mr. David Stringer
City of Fort Collins Development Review
P.O. Box 580
Fort Collins, CO 80522-0580
Re: Prospect Creek Subdivision Engineering Access Variance Request
Project No. 0903-001
Dear David,
We have submitted the Final Development Plans for the Prospect Creek Subdivision
Project located south of Prospect Road and east of the existing Landmark Apartments.
The Prospect Creek Subdivision is accessed from Wallenburg Drive to the southeast and
Hobbit Street from the southwest. The secondary emergency vehicle only access is a
proposed twenty (20) foot all weather vehicle access road that ties into Prospect Road
from Boulder Court. We are requesting a variance from standard 1.02.03.05 Approach
Grades part (a) and part (b) as stated in the Design Criteria and Standards for Streets
(City of Fort Collins), Page 8. Boulder Court is a private drive that will not be
maintained or dedicated to the City of Fort Collins. Therefore, we have designed the
emergency vehicle only access to tie into existing Prospect Road at 3.47% grade for fifty
(50) feet. Due to the fact that access will only be used by emergency vehicles and will
not be a common access to the development and that the access grade varies by only
19.3% from your design standard, we are requesting your approval of this access variance
from the current design standards aforementioned in this letter.
We appreciate your review of this request. If you have any questions, please feel free to
call our office.
Respectfully,
TST, INC CONSULTING ENGINEERS
*{eA
Keith O!Sheaffer, P.E.
KGS/tdy
TST, INC.
Consulting Engineers
748 R7iulers W'ay - Buddmg I)
Fun Culllns, CO 80525
(970)226-0557
Metn,(303) 595-9103
Fas (970) 226-0204
1?maJ fnfoL tstinccom
wway.lstinccom
102 Inverness l crrace F asl
Sure 105
Fngleavood, CO 80112
(303) 792-0557
Fax (303) 792-9489
ADMITTED TO PRACTICE
IN COLORADO AND NEBRASKA
JOHN W, PHARRIS
RANDALL M. WILLARD
WILLARD & PHARRIS. P.C.
PRACTICING LAW ASA PROFESSIONAL CORPORATION
31 5 WEST OAK, SUITE 501
FORT COLLINS. CO 80521
December 6, 1999
Stephen Olt
City Planner
City of Fort Collins
Community Planning and Environmental Services
Current Planning
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
(970) 224-5678
FAX (970) 224-1 199
VIA FIRST CLASS MAIL AND
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Z 190 367 262
Leroy Cynkar VIA FIRST CLASS MAIL AND
2614 W. Prospect Rd. CERTIFIED MAIL
Fort Collins, CO 80521 RETURN RECEIPT REQUESTED
Z 190 367 263
Re: Hill Pond on Spring Creek Homeowners' Association / General Matters
Prospect Creek (The Young's Pasture)
Dear Mr. Olt and Mr. Cynkar:
Our law firm has been retained to represent the Hill Pond on Spring Creek
Homeowners' Association (the "HOA') with regard to the captioned matter. The HOA is
the legal and record owner of the following real property:
"Tract A. and Drainage Tract, Hill Pond on Spring Creek, Second Filing,
P.U.D., according to the Plat thereof recorded 1-23,1982, in Book 2099
at Page 1049, County of Larimer, State of Colorado (the "Property")"
Tract A and the Drainage Tract are depicted on the enclosed Replat of Hill Pond on
Spring Creek 2nd Filing and are referred to hereinafter as simply "Tract A" and the
"Drainage Tract". A copy of the HOA's Warranty Deed to the Property is enclosed for
your information. As you will note from the Warranty Deed, the HOA has owned the
Property since November 24, 1984.
The HOA has reviewed its records and we have had a local title insurance
company do a title search on the Drainage Tract to confirm the legal and record ownership
of the Drainage Tract. Our findings are that the HOA is, and has been since November 24,
1984, the sole, legal and record owner of the Drainage Tract.
Stephen Olt
Leroy Cynkar
12/6/99
Page 2
This means that access to the Prospect Creek PDP from Wallenberg Drive, as
currently proposed, crosses directly over, across, and through the HOA's Drainage Tract.
Please be advised that the HOA has not granted and has no current intention of granting a
public right-of-way over, across or through the Drainage Tract. Under the HOA's
Declaration of Covenants, Conditions and Restrictions, the HOA cannot grant a public
right-of-way unless such grant is approved by at least seventy-five percent (75%) of the
lotowners in the 1HOA and one hundred percent (100%) of the holders of first deeds of
trust against the lots in the HOA. Thus, with such a stringent requirement for granting
public rights -of -way over the HOA's Property, whoever develops the Prospect Creek
PDP will, in all likelihood, have to obtain access to the proposed project from some other
direction.
It should also be pointed out that the City of Fort Collins has built a portion of the
Spring Creek Tail (the "Trail") over, across and through the Drainage Tract without first
acquiring an easement for the Trail from the HOA. This issue also needs to be addressed
now. The HOA might be amenable to granting the City some sort of a very limited
easement that allows the City to leave the Trail where it is now on the HOA's Property,
but the HOA will not allow the City to obtain an easement over, across and through the
Drainage Tract by prescription. If an easement agreement cannot be negotiated between
the City and the HOA concerning the Trail and approved by the required numbers of
lotowners and first deed of trust holders, then the HOA will have no choice but to close
the portion of the Trail that currently goes over, across and through the Drainage Tract
and thereby prevent the City from acquiring a prescriptive easement over the Drainage
Tract.
In light of all of the above facts, it would appear that the neighborhood meeting
that you have scheduled for Tuesday, December 14, 1999 to discuss the proposed
Prospect Creek PDP will be waste of everyone's time and money. With no legal access to
the majority of the proposed project from Wallenberg Drive, there doesn't seem to be any
reason to even consider the proposed project on even a neighborhood level at this time. If
however, you have other reasons for proceeding with the neighborhood meeting, please
immediately inform us as to what they are, so that we can advise the HOA accordingly
concerning the IIOA's preparation for attending the meeting. Please also advise us if the
City is interested in attempting to negotiate an easement for the portion of the Trail that
crosses the Drainage Tract, or whether the City would like to simply move that portion of
the Trail to property on which the City already has an easement for the Trail. Thank you
for your cooperation and assistance.
Stephen Olt
Leroy Cynkar
12/6/99
Page 3
Yours Very Truly,
WILLARD &&iP/)HARRIS, P.C.
hn W. Pharos
JWP/1p
Enclosures
cc: Hill Pond on Spring Creek Homeowners' Association (w/enc.)
Attn: Cori Mantle -Bromley, President
1937 Wallenberg Drive
Fort Collins, CO 80526