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HomeMy WebLinkAboutFOSSIL CREEK ESTATES PUD - Filed GC-GENERAL CORRESPONDENCE - 2003-11-04FOSSIL CREEK PARTNERS July 18, 1994 Mr. Mike Hertzig Director of Engineering CITY OF FORT COLLINS P.O. Box 580 Fort Collins, CO 80522-0580 Mr. Tom Shoemaker Natural Resources Director CITY OF FORT COLLINS P.O. Box 580 Fort Collins, CO 80522-0580 RE: Fossil Creek Estates Dear Gentlemen: As you are both aware, the above referenced project was recently approved unanimously by the City Planning and Zoning Board. At the request of Staff, the dedication of utility easements and road right-of-way was put on hold pending the outcome of this P&Z hearing. Additionally, I am aware that my Final Plat will not be filed (recorded) until this dedication takes place, which will first require City Council approval. Therefore, I am writing to both of you today to request that this process begin/continue so that I may be able to complete this platting process in a timely manner. Please remember that I submitted legal descriptions and exhibits for these dedications several months ago in hopes that this "process" could be expedited. Now, as I understand it, Staff is still unsure of how or who will make this happen, which is why I am writing to both of you. This is obviously a critical piece of my approval process, yet a very elementary piece from an engineering perspective, and certainly no surprise to any other city department. Please call me upon receipt of this letter so that we may discuss and resolve this issue. If you need to meet, or should you require any additional information, I will gladly provide it. Thank you for your consideration and assistance. rNERS 363 West Drake 0 Suite 6 0 Fort Collins, Colorado 80526 0 (303) 744-7837 • FAX (303) 722-5843 FOSSIL CREEK PARTNERS August 16, 1994 Mr. Mike Hertzig Engineering Director City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 RE: Fossil Creek Estates Filing One Dear Mike: As you know, I am presently trying to obtain right-of-way and drainage easements from the City in order to accommodate the extension of Fossil Creek Drive and some off -site drainage issues. Apparently, the Natural Resources Department has assumed the lead role in these discussions. This being the case, Mr. Shoemaker has told me that the earliest that the City Council will vote on these easements is September 20, 1994. That date is essentially three months from my final P&Z approval date of June 27, 1994. I appeal to your sense of fairness in requesting that you begin the review of my utility plans now, so that I may curb any extraordinary delays in the future. I would not ask this if I did not feel that the entitlement and approval process for this specific project has been extraordinarily lengthy. 1 realize that the easements are critical to the successful completion and execution of any development agreement; however, I do not believe that your review of this project would be in appropriate in light of the fact that the process for obtaining these easements is underway. Please contact me so that we may discuss this issue further, or contact my engineer, Mr. Brian Shear, directly if you need any further information. His number is 226-5334. Thank you for your consideration. Managing Partner p.s.: Please note my new phone number in Denver: (303) 446-0020. Disregard the numbers below. 363 West Drake 0 Suite 6 0 Fort Collins, Colorado 80526 9 (303) 744-7837 9 FAX (303) 722-5843 Csm ., 'tz Planning and Enviromnenta _. ,-ices Current P!anning Citv of For, C;ilins January 25, 1996 Dino Ditullio 775 W. Lake Street Fort Collins, CO 80521 Dear Dino: This letter is in response to your request to outline any outstanding items I am aware of with respect to finalizing the Fossil Creek Estate P.U.D. 1st Filing. I have been informed that Brian Shear has resubmitted the utility plans and drainage reports to the Stormwater Utility for their review last week. With our current workload, projects are put in line for review with a 3 week time to return comments to the Engineering Department. The 4th week is when the comments are returned to the developer s consultant. If all drainage comments have been satisfactorily addressed. the City will be ready to sign the final mylars once the plans have been revised with any final comments and sic;ned by the ditch company and the water and sanitation district. It is my understanding that Brian is in the process of obtaining these non -City approvals. Brian has included an interim design for Shields Street since it has been agreed that the developer will be escrowing funas with the City for the developer's portion of the cost of the arterial widening for Shields Street adjacent to the site instead of actually constructing the improvements at this time. This escrow arrangement will be addressed in the development agreement. Ultimately, Brian will need to prepare a cost estimate to establish the amount necessary to be escrowed. I will be drafting the development agreement once the mylars are with the City for approval. A development agreement can be drafted in a relatively short time, typically about 1 week for a project of this scale, once, Stormwater has signed the mylars and provided me with their development agreement language. Be sure to verify that all P.U.D. documents required by the Planning Department have been signed by the necessary parties and turned in to Steve Olt the project planner. Brian said he is finalizing the plat. It must be signed by all owners and lien holders, notarized, certified by the surveyor and the owner's attorney before being turned in to the City for signature. The plat and P. U. D. documents are filed by the project planner 281 Forth CoHege Avenue • P.O. Box �;80 Fort Collins, CO 80522-0580 • (970) 221-6730 FAX (970) „1-637 TDD r9710)2_14-6002 once the utility plans have been approved and the development agreement has been signed by the developer. Please call me if you have any questions (221-6750). Sincerely, ,1 P'�' /1 Kerrie Ashbeck Civil Engineer II cc: File February 16, 1996 Project No: 1318-01-92 Kerrie Ashbeck City of Fort Collins Planning Department P.O. Box 580 Ft. Collins, Colorado 80522 Re: Fossil Creek Estates P.U.D. First Filing; Ft. Collins, Colorado Dear Kerrie, We are submitting Fossil Creek Estates First Filing mylars for final approval. We are also returning all previous review comment redlined sets. All comments have been addressed including the new comments and requests from Craig Foreman of the Parks and Recreation Department. Because it has been decided that the Shields Street improvements will not be constructed with the development of Fossil Creek Estates First Filing, we have prepared and included an additional sheet for the interim grading requirements along South Shields Street, and the lots adjacent to South Shields Street, to facilitate future widening. The additional sheet is SHEET 8A - INTERIM SOUTH SHIELDS GRADING PLAN. This sheet is required because interim grading is required with initial construction to facilitate future Shields Street widening. The siphon would also be constructed later, so interim grading is required at this time to facilitate future siphon reconstruction. The hydrologic study which was requested by your department is enclosed. That was the last remaining major item required by your department that I am aware of. Mike Ditullio of the Water and Sanitation District signed the rnylars on February 1, 1996 (15 days ago). All details and requirements have been resolved with the ditch company and an agreement will be executed with them this month. As you know, the right-of-way and easement issues have been resolved and approved by City Council. These are simply awaiting recording. We are providing you with copies of the right-of-way and easement dedication request documentation for the right-of-way and easements on the Kathy Fromme Prairie property. Also provided is a copy of the City ordinance accepting dedication of right-of-way and easements. These are for your immediate reference. We submitted revised plans and revised drainage reports to the Stormwater Utility on Tuesday, January 16, 1996 with a comprehensive response letter to their comments made following our November 1, 1995 project resubrnittal and our January 10, 1996 meeting with Basil and Matt regarding our response to their comments. We copied you on the response letter. Attached is a copy of that letter for your reference. It has been an entire month. Each time we call the Stormwater Utility, they have not had a chance to review the project. We called again today and they told its it had a star next to it on the board. Remember the January, 1996 City Planning Department blue newsletter that discussed the enhancements to the Development Review Process. The section under Stormwater indicated that the Stormwater Utility would try to review re -submittals within deadlines set by engineering and sign rnylars within a week. That's apparently propaganda. The word TRY is key I guess. We are concerned that when storinwater does review the project (AGAIN), we will be hit with another entire round of comments and the review, re -submittal and waiting process will begin all over again. This scenario must stop. This is the scenario which results in some rnaking the decision to contact the City Managers office. That has resulted it getting things done in the past. Lets face it, we have all seen it. 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 226-5334 FAX (970) 282-0311 PAGE 2 February 16,1996 Project No: 1318-01-92 Re: Fossil Creek Estates P.U.D. First Filing; Ft. Collins, Colorado Please rout mylars for signature. We are extremely anxious to obtain approvals so that construction may begin this Spring without further delay. Please do what you can to expedite approval signature acquisition. We are extremely hopeful that it does not take 30 additional days to obtain full approval. We will get the final plat to you next week after we get Dr. Wuerker's signature on it. Thank you for yAur consideration and if you have any questions at all, please call at 226-5334. Brian W. Shear, P.c.. Shear Engineering Corporation BWS / nib cc: Carter Ewing; Fossil Creek Partners John Turner Dino Ditullio Stormwater Utility City Managers Office City Attorney City of Fort Collins Lucia Liley, Esq. MARCH & LILEX, P.C. 110 East Oak Street, Suite 200 Fort Collins, CO 80524 Dear Lucia: May 17, 2000 By Hand Delivery RE: TM One/SFCDS/City Easement Agreement Through Fossil Creek Wetlands Natural Area Thank you for preparing the above -referenced Easement Agreement. I have a few comments and suggested revisions before we finalize this easement for Council approval. There area number of comments that I've marked on the attached copy of the easement, the more substantive changes I will try to explain in brief. The first substantive change relates to the timeframe for the easement in various points of reference. We've changed the timing throughout to be consistent with the easement surviving one year after recording, being recorded upon final approval of the development plan, and expiring if not recordedwithin two years of execution. Our concern is that we do not want to have an easement pending for a long period of time, and felt these time frames were reasonable. The second substantive change is to add a reference to the City's policy for managing prairie dogs in its Natural Areas in paragraph 1.3(B). We've changed the time period for marking burrows to ten weeks, because the City's policy requires that notice be provided to Sierra Club to allow for relocation, if possible. A sentence referencing cooperation in complying with the policy has been added in view of the fact that the policy could change by the time the construction is occurring, and the City will need to comply with that policy at the time, if possible. The third substantive change is the addition of a new paragraph 1.3(0), which requires the provision of a performance bond to ensure compliance with the requirements of that paragraph. The fourth substantive change is in paragraph 1.4, and would restrict assignment of the easement by TM One to other parties without consent, "which shall not be unreasonably withheld." 300 LaPorte Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327 Lucia Liley, Esq. May 17, 2000 Page Two The final substantive change is to add to paragraph 2.3(E) a reference incorporating the requirements of paragraph 1.3 as applicable to the District in connection with future work in the easement area. Once you've had a chance to review my comments, I'd be happy to discuss any questions or concerns about these comments at your convenience. However, please note that I will be out of the office from early afternoon on Wednesday, May 17t° until Wednesday, May 24". In the meantime, I have discussed these changes with Ron Mills, and it may be useful for you to contact him during my absence. Sincerely, Carrie—M. -Dag6 t Assistant City Attorney Enclosure PC: Ron Mills, Right of Way Agent Tom Shoemaker, Natural Resources Director Mark Sears, Natural Areas Program Manager Karen Manci., Senior Environmental Planner Mark McCallum, Engineer