HomeMy WebLinkAboutEMERSON ACRES - Filed GC-GENERAL CORRESPONDENCE - 2003-07-31LYNN A. HAMMOND
ROGER E. CLARK
13REGORY A. WHITE
JENNIFER J. STOCKER
HAMMOND, CLARK AND WHITE
LAW OFFICES
FIRST NATIONAL BANK BUILDING, SUITE 418
200 EAST SEVENTH STREET
LOVELAND, COLORADO 80537
303-667-1023
September 14, 1987
Mr. Matt Baker
CITY OF FORT COLLINS
Engineering Department
Post Office Box 580
Fort Collins, CO 80522
RE: Robert and Karen Dickinson
Dear Matt:
ALFRED P. DAVIS
OF COUNSEL
A couple of weeks ago you and I discussed by telephone the
situation concerning my clients, Robert and Karen Dickinson, and
the drainage facility under Lemay Avenue near County Road 32. At
that time, I requested that you send me a copy of the drainage
study so that we may review the same with regard to its conclu-
sions. To date, I have not received that document.
Would you please send that document to me as soon as
possible so that we can proceed with regard to this matter. If
you have any questions, please give me a call.
Ve ,r truly yours,
Gre bry A. White
GAW:dc
Enclosures
cc: Mr. and Mrs. Robert/Dickinson
WILLIAM H. ALLEN
GARTH W. ROGERS
THOMAS W. METCALF
JACK D.VAHRENWALD
DONALD E. JOHNSON, JR.
J. BRIAN McMAHILL
ALLEN, ROGERS, METCALF & VAHRENWALD•-
ATTORNEYS AT LAW
P. O. BOX 608
FORT COLLINS, COLORADO 80522
May 23, 1988
Mr. Ted Shepard
City Planner, City of Fort Collins
Office of Development Services
Planning Department
300 W. Laporte
Fort Collins, CO 80521
Re: Emerson
Dear Mr. Shepard:
I.
i
1
- - - - - - - - - - j1.;!�
f
I
125 SOUTH HOWES
ELEVENTH FLOOR, SAVINGS BUILDING
TELEPHONE (303) 462-5058
First, let me thank you for your courtesy extended at
our recent meeting on May 19, 1988. I think the meeting was
enlightening and gave me some feeling as to where the
problems arise in this matter. After much discussion with
Mr. Dickinson, it is my understanding that he would agree to
the following as a method of resolving the areas of dispute:
J'- 1. The plat would be amended to delete Lot 6, so that
we have only a five -lot subdivision, all of which is owned
by Mr. Dickinson and/or his wife.
00' 2. That easements would be granted for the south Lemay
SID86 where the lines have already been installed and for
the culverts which have been placed on the west side of the
property.
�'3. That the Dickinsons would release the City and any
other entity that you desire, including the south Lemay
SID86, from any damage which has been occasioned up to this
point.
X-4. The drainage channel for the Provincetown outfall
wou(((((ld be determined to be 50 feet from the center line, and
Stanton Creek would be 65 feet, and these tracts would
actually be surveyed and deeded to the City and owned by the
City. The City would, of course, be responsible for the
same.
Mr. Ted Shepard
May 24, 1988
Page Two
5. That the City or Special Improvement District,
whichever is appropriate, would be responsible for the
appropriate channelization of Provincetown Channel and
Stanton Creek. They could do such channelization as they
deemed necessary within the deeded portions.
All other matters would remain the same, as per the pre-
vious discussions between the parties.
If you have any questions or comments, please do not
hesitate to contact me. Please note that I have included
the City Attorney's Gffice within the confines of this
notification.
Very truly yours,
�homas W. Metcalf
TWM:kg
cc: John Huisjen
Paul Eckman
Harold Einarsen
Bob Dickinson
NIEAIORANDUNI
TO: Paul Eckman, Assistant City Attorney
Matt Baker, Civil Engineer II
Glenn Schlueter, Civil Engineer II
FROM: Ted Shepard
DATE: July 5, 1988
RE: July 5, 1988 Meeting with Metcalf, Einarsen, and Dickinson on Emerson
Staff offered to construct an energy dissipater at the outlet of the culvert on
the Provincetowne Channel to a point approximately where the old clay tile
pipe used to outlet. From this point on to the confluence of Stanton Creek,
and Stanton Creek to the north property line, there would be no improvements
or channclization to the 100 year floodplain or floodway.
The specifications of the energy dissipater must be designed. Keep in mind
that a HEC II analysis has not been done for the Provincetowne Channel. It is
very likely that the width of the dissipater will be less than the 50 feet shown
on the floodplain map prepared by Parson's Engineering. This width is esti-
matcd to be excessive. Reducing this width will add more usable lot area to
Lot 3.
It was pointed out to Mr. Metcalf that any channelization of Stanton Creek
would require permission of the Army Corps of Engineers. Channelization is
discouraged as being expensive and environmentally damaging.
Mr. Metcalf was concerned about development proceeding in Provincetowne and
the possibility of bankruptcy occurring before_Ahe .storm detention ponds are
constructed. This would cause runoff onto the Dickinson property that would
exceed the two year historic flow. Glen Schlueter explained that our standard
policy is to allow no more than 25% of the building permits per filing to be
issued without the construction, of the storm drainage improvements. In cases
where there is a threat to neighboring property, the storm drainage improve-
ments may be required before any building permits are issued.
Mr. Einarsen inquired if the Parks- and Recreation Department would be inter-
csted in purchasing the Stanton Creek floodplain for a future trail. Such a
trail is not part of the P & R Master Plan. Fossil Creek is designated as a
future trail that would lead from Portner Reservoir to Fossil Creek Reservoir.
This would preclude the need for a trail along Stanton Creek.
It was suggested by Glen Schlueter that Mr. Metcalf inquire with the City
Natural Resources Department about the purchase of the wetlands on the north
of Lot 5. Although Natural Resources does not have the budget for such a
purchase, funds may exists from the Stormwater Utility.
It was discussed that in order to proceed with the Minor Subdivision request,
the following; action should be taken:
Delete all references to the 65 and 50 foot "channels" on the plat.
2. The plat: should include the legal description of the 100-year floodplain for
Stanton Creek. This legal description has already been prepared by
Parson's and Associates. It does not need to be re -surveyed.
3. A "master" drainage report must be prepared per the specifications of the
Stormwater Utility. Whoever the applicant chooses to do the report should
contact Glen Schlueter as to the details.
4. The 100-year floodplain for Stanton Creek and the area of the energy
dissipater for the Provincetowne Channel must be shown on the plat as
either an easement or dedication to the City. An easement would allow
the lot owner the use and maintenance of the land within the easement.
A dedication would not allow the lot owner to use the land but the City,
not the lot owner, would assume the maintenance. The choice of easement
versus dedication is up to Mr. Dickinson.
5. The City is concerned about fencing in the floodplain. In order to not
inhibit storm flows, any fencing in the floodplain must be of a break-
away type. The specification for such a fence is available. It has been
used in other projects that had fencing in the floodplain.
6. It has been decided by Mr. Dickinson that the zoning shall remain r-I-p
(lower ease) which means that a P.U.D. condition exists on the property.
For an}, development to occur, including traditional single family uses,
there must be a P.U.D. filed with the City. It was then decided by Mike
Herzig that the standard soils report required for subdivisions could be
postponed until such time as each lot develops under the P.U.D. procedure.
Glen Schlueter also decided that the more detailed drainage report that is also
typically required with a subdivision could also be postponed until each lot
develops under the P.U.D. This does not relieve the requirement for a "master"
drainage study as mentioned in #3 above.
Mr. Metcalf notified Paul Eckman after the meeting that the terms are accept-
able to Mr. Dickinson. The applicants will proceed to submit the required
drainage information to get the request moving again. The applicants are
aware that it takes about 10 days after final review to post the property and
file legal notice in the paper. Also, there is a 14 day appeal period after
approval prior to recording with the County Clerk.
MEMORANDUM
TO: Matt Baker
Paul Eckman.
Glenn Schlueter
FROM: Ted Shepard 1 "
RE: June 10, 1988 Meeting on the Metcalf letter on Emerson Acres
DATE: June 16, 1988
Given the history of accusations that have plagued this request for a minor
subdivision, I thought it best to document our meeting of June 10, 1988 in
which we discussed the letter from Tom Metcalf dated May 23, 1988.
It was agreed by all present that not having Glenn at the May 19, 1988 meet-
ing with Metcalf, Einarsen, and Dickinson probably caused the applicants to
have false expectations regarding the 50 foot width for the "Provincetown
Channel" (for lack of a better term) and the 65 foot width for the Stanton
Creek. These widths are estimations based on the calculations of Todd Shi-
moda of Parsons and Associates. As Glenn pointed out, any channelization of
these drainages would not be accepted by the City unless "as built" plans
demonstrated that there would be safe conveyance of the 100-year storm flows.
Glenn also stated that as part of a minor subdivision request, the City will
still need a Drainage Report and a Grading Plan. Much of the expensive work
related to these two documents has already been paid for by Matt through the
S.1_D.
It was the conccnsus of the group that points #4 and #5 of the Metcalf letter
dated May 23, 1988 are unacceptable to the City.
Point #4:
We cannot arbitrarily agree at this time that the widths of 50 feet and 65 feet
for the two drainages are valid. It could very well be that these widths would
be insufficient to convey the 100-year flows.
Point #5:
The City feels that: doing the channelization work to the two drainages would
be very expensive and far outweighs whatever damage may have been done to
the Dickinson property during excavation for the culverts. Doing this work
would convey far too much benefit upon the owner at tax payer's expense.
In addition, the City questions the aesthetic and environmental impact of such
a major channelization project.
Despite disagreeing with the major thrust of the Metcalf letter, the group felt
that options remain for helping out Mr. Dickinson with his request.
The waiver of the street improvements for single family development remains
valid. Removal of Lot 6 (under different ownership) from the subdivision
remains valid.
It was also suggested that a counter offer be proposed to Mr. Metcalf. Matt is
willing to construct a riprap channel beginning at the culverts to a point in
the middle of the field where the old clay tile pipe released flows. This point
is well short of the confluence with Stanton Creek. This riprap would diffuse
the velocity of the storm flows as they exit the culverts and allay Mr.
Dickinson's fears of a "wipe-out". Of course, an easement would be required to
do the work on the; property.
One other very important suggestion was made concerning the various street
frontages of each lot. When improvements are done on Lemay, each lot will be
assessed a fee based upon linear street frontage. Therefore, wide lots will be
assessed a higher f cc than narrow lots. Mr. Dickinson is encouraged to even
out these lot frontages so street improvement fees will be more equitably
distributed. Also, Lot 3 would be less impacted by the width of the "Province-
towne Channel" if Lots 1 and 2 were reduced accordingly. This would give
more ground to Lots 3 and 4 which are substantially smaller than Lots 1 and
2.
It was agreed that Paul would call Mr. Metcalf to set up the next meeting to
discuss our offer. Mr. Metcalf has agreed to meet sometime in late June or
early July.
Please feel free to "redline" this memo if there are any errors or a need for
further clarification. It is important that Staff be consistent. Since this request
appears to be dragging on longer than most of our projects, it becomes critical
to keep accurate written documentation.
Message.
Subject: Emerson Acres
Sender: Ted SHEPARD / CFC52/01
TO: Mike HERZIG / CFC52/01
Part 1.
TO: Matt BAKER'/ CFC52/01
Mike HERZIG / CFC52/01
Glen SCHLUETER / CFC52/01
Part 2.
Dated: 09/12/88 at 0727.
Contents: 2.
Gentlemen, Metcalf has returned the Development Agreement for
Emerson Acres. Paul received it late last week. Some minor
changes are suggested that affect Engineering, Stormwater
Utility, and the S.I.D. I would like to go over these changes
and suggest today, Monday, at 10:30 following the last conceptual
review item. We could meet in the C.I.C. since its reserved
until noon' Let me know if this time will not work. Otherwise,
I will see you at 10:30. I don't anticipate this taking very
long.
5
U AUG ? 0 /990
Jerry Duggan
Elissa Duggan
1315 Kirkwood #705
Fort Collins, CO 80525
August 20, 1990
Mike Herzog
Planning Department
PO Box 580
Fort Collins, CO 80522
Mr. Herzog:
We are in the process of purchasing and building a house on the lot
described as 'Lot 3, Emerson Acres.' We understand that the previous
owners, the Dickinsons, entered into an agreement with the city
describing the conditions under which these lots can be subdivided.
Further, we understand that one of the conditions of this agreement
stipulates that any subsequent purchasers of these lots enter into a
similar agreement with the city.
We will negotiate a similar agreement, in particular taking on the
responsibility for the development of roads, etc. if we choose to
further subdivide the lot. We recognize that this agreement is a
condition for the issuance of a Certificate of Occupancy. We would
appreciate receipt of the first draft of such an agreement from your
office in a timely fashion, so we can begin our review of it.
Thank you,
Z�7 errY Du gg an
Elissa Duggan
Commr "y Planning and Environmental
Engineering Department
City of Fort Collins
April 14, 1993
Bill Murrow
Van Schaack of Fort Collins Inc.
2120 S. College Avenue
Fort Collins, CO 80525
RE: Lemay Avenue c@ Emerson Acres
Dear Bill:
rvices
r
This letter is in response to your inquiry into the street improvements on Lemay `
Avenue at Emerson Acres.
This development is unique in the City of Fort Collins, which usually has urban type
subdivisions. In the development approval process, city staff recognized the rural type
density and made exceptions to the timing of street improvements on Lemay Avenue.
The essence of the exceptions in the development agreement is to delay the required
street improvements to Lemay Avenue until such time as the lots in Emerson Acres
are redeveloped into a more intense use. This means that Lots 1 through 5 of
Emerson Acres may be used for a single family residence (with rural outbuildings)
without having to pay for street improvements. However, if any parcel resubdivides to
create additional lots or rezones to an industrial or commercial use, the street
improvements to Lemay Avenue would be required. The City has delayed, but not
waived, the property owners responsibility to improve their local street portion at
Lemay Avenue.
The obligation of owners or future owners of property currently costs approximately
$40 per lineal foot (1993 construction prices) of their Lemay Avenue frontage.
However, it is the city's intent at this time not to require these improvements until
redevelopment of the property, because traffic studies indicate no need for additional
street width this location for foreseeable future. Long range planning models suggest
Lemay Avenue improvements may be 15-20 years into the future.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 22"1-6o0 7)
April 14, 1993
Page Two
The Emerson Acres Subdivision has several unique features which are complex. I
hope I have adequately explained the street improvement requirements. If you or any
of your clients wish to discuses these issues further, please feel free to give me a call
at 221-6605.
Sincerely,
:�e
Matt J. Bak
SID Coordinator
r
LYNN A. HAMMOND
ROGER E. CLARK
GREGORY A. WHITE
JENNIFER J. STOCKER
HAMMOND, CLARK AND WHITE
LAW ❑FFICES
FIRST NATIONAL BANK BUILDING. SUITE 41B
200 EAST SEVENTH STREET
LOVELAND, COLORADO BD537
303-667-1023
September 14, 1987
Mr. Michael DiTullio
Fort Collins -Loveland Water District
4500 South College Avenue
Fort Collins, CO 80525
RE: Robert and Karen Dickinson
Dear Mike:
ALFRED P. DAVIS
OF COUNSEL
This letter is written to confirm our telephone conversation
of today. I represent Robert and Karen Dickinson who are owners
of certain property located at the intersection of Lemay and
County Road 32. Recently, your water district, or others acting
on your behalf, constructed a water and sewer line across my
clients' property. At the time of construction of the water
line, Mr. Dickinson questioned the construction crew as to
whether they had an easement for construction of the line. At
that time, he was told that there was an easement belonging to
the City of Fort Collins for the water and sewer line.
However, it appears that the only easement across my
clients' property is a power line easement granted in July of
1985. I have attached a copy of that easement for your
information„
It appears that the water and sewer line has been
constructed on my clients' property without any legal right so to
do. I would appreciate it if you would review this matter and
provide me with any documents that indicate you have the right to
trespass on my clients' property and construct a water and sewer
line.
If you have any questions or need anything further, please
do not hesitate to give me a call. Thank you for your coopera-
tion and courtesies in this matter.
Very truly yours,
Gregory A. White
GAW:dc
Enclosure
and Mrs. Robert Dickinson
Mr. Matt Baker
City of Fort Collins
Community Planning and Environmental Sc Aces
Planning L ,rtment
June 28, 1993
Sandra Garcia
745 Knollwood Dr.
Fort Collins, CO 80524
Dear Sandra,
This letter is; in response to your inquiry regarding the fire
hydrant requirements for Lot 2 in Emerson Acres. Fire hydrants
must be located per the fire protection requirements of the Poudre
Fire Authority (PFA). The design, construction, and installation
of the water mains and hydrants must conform to the specifications
and standards of the Fort Collins/Loveland Water District who will
inspect the construction and accept the lines for maintenance once
they have been properly installed.
According to the PFA, prior to issuance of a building permit for
Lot 2, it is necessary to install a hydrant to meet fire access
requirements. Apparently, the original developer of Emerson Acres
never completed the construction of the utilities necessary to
issue building permits on all of the lots. Therefore, the cost of
extending the water main and installing a hydrant in the required
location has become the burden of the individual applying for a
building permit. It may be possible to recoup some of the
construction cost by preparing a repay agreement that would require
anyone utilizing that main and/or hydrant to repay a portion of the
construction cost. The repay would likely be triggered by further
subdivision of the existing lots and/or the issuance of additional
building permits on the existing lots. Although the City has the
ability to prepare such agreements, I don't know whether or not the
Water District does, and since the utilities are the District's,
not the City's, I would suggest you contact them about the
possibility of writing a repay agreement. If a repay agreement is
written, there is no way to determine when the event triggering the
repay would occur, and therefore you would be fronting the entire
construction cost during that time.
If you have further questions, please contact me or Mike Herzig at
221-6750. Thank you.
Sincerely,
Ohtl� AAA
Kerrie Ashbeck
Civil Engineer I
cc: file
'`i l North C ollt--e :Avenue • P.O. 9k)\ ESQ • l-()It Collins, (A-) (_ 0")
CITY OF FORT COLLINS
OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT
December_ 15, 1987
Mr. Harold Einarsen
Einarsen Real Estate Inc.
Lincoln Office Center, Suite 300
419 Canyon
Fort Collins, CO. 80521
RE: Dickenson Property
Dear Mr. Finarsen:
The purpose of this letter is provide a summation of the meeting held on
December 4, 1987 attended by yourself, Tom Peterson, Ted Shepard, Glen
Schlueter, and Matt Baker. It was agreed by the attendees that procedures,
tenns, and conditions of subdividing the Dickenson property shall occur sub-
ject to the following:
DRAINAGE TRACTS:
It was agreed that the drainage channels for the Provincetnwne outfall and
Stanton Creek shall be dedicated over to the City as tracts. The Province-
towne channel will need 50 feet from centerline and Stanton Creek will need
65 feet. It was further agreed that the Stormwater Utility Department will
grant an easement for the landowner to use the tracts for a period of 15
years for the purpose of watering a small number of livestock. After a
period of 15 years, the easement shall be eligible to be negotiated between
the landowner and the Stormwater Utility Department for an unspecified num-
ber of one year extensions. The exact year of expiration shall be clearly
identified to all parties to avoid confusion.
During the 15 years of use on the easement, the owners shall agree to main-
tain soil stability and natural grasses (or weeds) to prevent erosion and
damage to the drainage channels.
The City Stormwater Utility shall reserve the right to terminate the ease-
ment or require to the owner to stabilize the soils if damage from livestock
occurs.
OFFICE OF DEVELOPMENT
SERVICES, PLANNING
300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750
Harold Finarsen Letter
December 15, 198- - Page 2
The City prefers natural channels as much as possible. The volume of storm
flows from Provincetowne, however, are still being studied. Therefore, the
high water line is undetermined at this point. The City would like to
reserve the right to use riprap on the Provincetowne channel to accannodate
the 100-year r_a noff_ to protect the channel and prevent erosion.
The City would also reserve the right to maintain the drainage channels.
RIGHT-OF-WAY DEDICATIONS:
The proposed plat would have to show additional right-of-way dedication
along the entire frontage of Lemay Avenue. The plat would also have to show
additional right-of-way dedication along County Road #32 with the exception
of the lot which contains the existing home. This lot would have to dedi-
cate right-of-way if redevelopment (building a new home) were to occur. A
building permit would not be issued for a new home on this lot unless addi-
tional right -of: -way for County Road #32 were dedicated to the City.
The City will allow Mr. Dickenson to plat six lots or less without havinq to
design or construct street improvements. The City will allow the develop-
ment of one home per lot without having to design or construct street
improvements. All owners of land within the proposed subdivision would have
to agree to participate in a future Special Improvement District should one
be formed to improve the streets. Or, should the lots redevelop, without an
S.I.D., then each owner of the redeveloped lots shall design and construct
the street improvements as an obligation of the development process. This
obligation would be finalized with a development agreement between the
redeveloping land owner and the City.
WETLANDS AREA:
The City, through the Department of Natural Resources and the Stormwater_
Utility, may be interested in preserving the wetlands area. The owner may
consider dedicating the wetlands area to the City as a' -tract. In return,
the owner would be relieved from paying taxes and may enjoy the benefit of a
natural habitat that could not be built on.
COUNTY ROAD #32 IMPROVEMENTS:
The culvert and street improvements for County Road #32 are under the juris-
diction of Larimer County. Mr. Rex Burns has been in contact with the
developers of. Provincetowne (Dueck Company) regarding future improvements to
Road #32. There may be the formation of a special improvement district in
which Mr. Dickenson would be eligible to participate.
Harold Einarsen Letter
December 15, 1987 Page 3
MINOR SUBDIVISION PROCESS:
I have been in contact with Intermill Land Surveying and will be glad to
meet with Mark Paige regarding the plat document. It is anticipated that
the review will be approximately four weeks. Tn order to spell out the
obligations and restrictions, I will suggest that plat contain notes as well
as dedications so that fature landowners and title companies can be made
aware of details.
It is my hope that this information will assist you and your client in
obtaining a legal subdivision plat through this new minor subdivision pro-
cess. If there, are any questions or concerns on any of the issues, please
call and I will coordinate with the appropriate staff person.
Sincerely,
Ted Shepard ;
City Planner
xc: Tom Peterson, Planning Director
Mike Herzig, Development Engineer
Glen Schlueter_, Storm Drainage Engineer_
Matt Baker, Special Improvement District Engineer
�i,'/C �6ylelr�s6'Ll
CITY OF FORT COLLINS
DEVELOPMENT SERVICES — ENGINEERING
March 25, 1988
Mike DiTullio
District Manager
South Ft. Collins Sanitation District
4700 South College Avenue
Fort Collins, CO 80525
Re: Dickinson - South Lemay
Dear Mr. DiTullio:
The City Planning Department received a letter from Mr. and Ms.
Dickinson dated Harch 14, which criticized the South Fort Collins
Sanitation District for construction activities on their property
without permission. This situation did occur in error, but is the
responsibility of the developer building Lemay Avenue, not the
district.
This land is located on the northeast corner of Lemay Avenue and
Windsor Road. During 1987, improvements to the west half of Lemay
Avenue were constructed as part of the South Lemay Avenue Special
Improvement District #86 (SID #86).
From my understanding, the district's sewer line had to be relocated
to allow for a new 20 inch water main in Lemay Avenue. In the
relocation of the sewer line, the engineer for the developer assumed
that the right-of-way had been acquired for all the road. As soon as
this problem was brought to our attention, we began working with the
developer, his engineer and the Dickinson's to get an easement for the
district's sewer line.
The current status is that the Dickinson's want to subdivide their
property and will dedicate the road right-of-way with their plat.
Since they have already applied for the subdivision and we will be
using a short plan approval process, this can be accomplished in about
4 weeks if we have received all the necessary documents. As soon as
this plat is filed with the County, the right-of-way for the sewer
line will be taken care of.
i
DEVELOPMENT SERVICES —
ENGINEERING
300 LaPorte Ave. • PO Box 580 • Fort Collins, Colorado 80522 • (303) 221-6605
Mike DiTullio
March 25, 1988
Page Two
Mike Herzig of my office will keep you informed of the upcoming
meetings and the final plat approval. If you have any further
questions, please let me know.
Sincerely,
Gary Z. Diede
Director of Engineering
GRD:mjm
cc: Mr. and Ms. Dickinson
Mike Herzig
Matt Baker
CITY OF FORT COLLINS
OFFICE OF DEVELOPMENT SERVICES, PLANNING DEPARTMENT
April 4, 1988
Mr. Harold Einarsen
Einarsen Real Estate, Inc.
Lincoln Office Center
419 Canyon, Suite 300
Fort Collins, CO. 80521
Dear Harold,
This letter is to follow up our conversation of April 5, 1988 .and to help resolve
the issues which remain on Emerson Acres.
The City is willing to add language to the plat and the development agreement
that would allow the easements for the 100-year floodplain for both the Pro-
vincetowne channel and Stanton Creek to be reduced should channelization
occur. Such chatinclization would have to be of sufficient specifications to
convey the 100-year storm. The following plat note is submitted for your
review:
"The City of Fort Collins Stormwater Utility will allow the casements that arc
shown on this plat describing the 100-year floodplain for both the Province-
townc channel and Stanton Creek to be adjusted accordingly should channeliza-
tion of these casements result in a reduced 100-year floodplain."
Regarding your concern about the conveyance of storm flows in Stanton Creek
across your northerly property line, Glen Schlueter, Storm Drainage Engineer,
has reported that the neighboring property would not be allowed to develop in
any manner that would affect either upstream or downstream adjacent property
owners. Any impacts on adjacent property would have to be preceded by per-
mission from that property owner. In fact, the neighboring property owner has
retained the services of' an engineering consulting firm who's representatives
have contacted Glen Schlueter about development. It is Glen's understanding
that this firm will design a storm drainage system that will accept all historic
upstream flows without causing any back flow onto Emerson Acres.
OFFICE OF DEVELOPMENT
SERVICES, PLANNING
77
4
300 LaPorte Ave P O Box 580 Fort Collins, Colorado 80522 (303) 221-6750
Page 2
Regarding your concern about the fire hydrant, I contacted Mr. Dean Hill,
Operations Supervisor of the Fort Collins -Loveland eater District.
There is a 20 inch diameter water pipe in Lemay Avenue that would serve as
the water supply. The first step would be to contact the District by letter
requesting permission to tap the line. It would then be the landowner's
responsibility to hire a contractor to design the installation. These installation
plans must be reviewed by the District. The contractor, not the District, then
performs the work. The installation is then inspected by the District.
Mr. Hill further explained that the 20 inch water line is located in the western
portion of Lemay Avenue. Access to the line would likely have to be done by
boring as opposed to a pavement cut due to the new asphalt. The cost of a
typical hydrant its approximately $1,500. Design, materials, and labor is roughly
estimated at approximately $3,000 for a total cost of approximately $4,500.
Regarding the separate ownership of Lot 6, please inform Intermill Land Sur-
vcying that a signature block must be added to the document to include this
owner.
Regarding Mr. Dickinson's
request for the S.I.D.
to riprap the Provincetowne
channel to a point where
the old 12 inch tile pipe terminated, Mr. Matt
Baker
responded by asking that
the request be put in
writing. The request
should
state specifically that the
owner grants permission
to do the work. Mr.
Baker
stated that the request will
be evaluated based on
the financial ability
of the
S.I.D. to perform additional
work.
Regarding Mr. Dickinson's concern about the Dueck Company using S.I.D. funds
to do improvements to County Road #32, Mr. Baker responded that this would
require the creation papers to be amended to authorize a reallocation of funds
which must be approved by City Council. Mr. Baker expressed doubt that City
Staff would support such an amendment at this time. It is Mr. Baker's impres-
sion that Dueck Company may be discussing improvements to County Road #32
witfi Larimer County, not the City.
This concludes the summation of our meeting on April 5, 1988. Please contact
me if further clarification is needed or if this summation does not meet with
your understanding.
Sincerely,
l
Tcd Shepard
City Planner
cc: Glen Schlueter, Storm Drainage Engineer
Matt Baker, Special Improvement District Coordinator
Mike Herzig, Development Engineer
Robert Dickinson, 8029 South County Road #9, Fort Collins, CO. 80525
Mark Paige, Intermill Surveying, 1301 N. Cleveland, Loveland, CO. 80537