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HomeMy WebLinkAboutHUNTINGTON HILLS PUD SECOND - Filed GC-GENERAL CORRESPONDENCE - 2005-03-21WOOD, HERZOG, OSBORN & BLOOM PROFESSIONAL CORPORATION ATTORNEYS AT LAW DAVID L. WOOD ui OLD TOWN SOUARE C. WILLIAM HERZOG P.O. BOX 2003 FORT COLLINS, COLORADO 80522 DAVID L. OSBORN CHARLES S. BLOOM (303)484-2928 J. WILLIAM DARROUGH JOHN W. PHARRIS J. J. VICK JENNIFER J. STOCKER September 1, 1992 Steve Roy, Esq. City Attorney P.O. Box 580 Fort Collins CO 80522 363 ELKHORN ESTES PARK, COLORADO (303) 586-5648 . FACSIMILE (303) 484 2620 FORT COLLINS, COLORADO Re: Huntington Hills Filing No. 2/Development Agreement Dear Steve: There has apparently been some misunderstanding that has come up between the various City Departments and Huntington Hills developers with regard to what was agreed to at the Huntington Hills development meeting last month. Unfortunately, I am afraid that part of the misunderstanding may be a product of the time that it has taken to get the Development Agreement completed in writing. The big issue, as I understand it, is what was agreed to at the meeting concerning the off -site storm drainage obligations of the developer. On behalf of the developers of Huntington Hills, Inc., communications documenting the Agreement were forwarded to Mike Herzig on August 12, 1992. A copy of that letter is attached hereto. Based on my notes and conversations with Marc Palkowitsh and Ben Connell and with other people present at the meeting including Steve Humann of TST, Inc., there appears to be no question that the matters set forth in the attachment was the essential agreementu of the parties. It has come to my attention now that there may be some question as to whether or not building permits will be granted on Huntington Hills Filing 2, until the off -site drainage has been totally completed. As we explained to the City at the time of the initial meeting, we are fast losing the selling season and the developer was willing to make numerous concessions to try to get the development agreement put into final form. At no time do my, or any of the people attending the meeting on behalf of my clients, (and I suspect anybody attending the meeting on behalf of the City) recall there being any discussion tieing the issuance of building permits to the completion of the off -site storm drainage improvements. Rather, it was the thought and hope of all concerned that once the Agreement was Page Two September 1, 1992 signed, that the developer would use it's best efforts to use the 90 days time to acquire an off -site easement by negotiations. Please check your notes and the notes of other parties from the City concerning what was agreed to with respect to this matter and get 'back to me at your earliest conclusion as this is the most significant issue which needs to be resolved prior to the completion of the Development Agreement. Of concern to myself and my clients is if in fact such is required to be done prior to building permits being issued, it is quite possible that my clients may lose the entire transaction with respect to the purchase of the land and also lose a significant amount of money due to the re -sale of the lots. I think it is very frustrating for development people who proceed in good faith and try to negotiate reasonable compromises and satisfaction of City criteria, to not be able to get these Agreements executed and have further changes from every department of the City which is brought to bear after the essential agreements have been negotiated and completed. I am not accusing anyone of bad faith concerning this matter, but I think the passage of time often cause these problems to occur and there is always a certain amount of "one-upmanship" as each department further tries to improve their position as time passes. I would ask you to carefully review your notes and recollections of that meeting, although I know it was a hurried meeting on your behalf, and see if we can all collectively get this development agreement concluded so my clients can commence their activities cos+e^t with the prior agreements made with .^si� -• the City. very truly yours, WOOD, HERZOG, OSBORN & BLOOM, P.C. a Osborn DLO:jtm cc: Marc Palkowitsh Richard Connell Mike Herzig Hug '12,1992 21:17PM FROM TST FT COLLINS TO Osborn WHOB P.02 Mr. Mike Herzig City of Fort Collins Engineering Department 281 N. College Avenue Fort Collins, CO 90521 RE: Huntington Hills Filing No. 2 Project No. 10-697-001 Dear Mike: August 12, 1992 This letter is intended as an exhibit to the Development Agreement for the Huntington Hills Filing No. 2 project and is intended to clarify two separate issues. These issues are as follows: I. Wetland Mitigation As discussed with yourself and Mr. Rob Wilkenson of the City of Fort Collins Natural Resources Department, this devclopment, as proposed, will affect 0.60 acres of wetlands. We are being required to mitigate on a one -for -one basis of like, kind and value. The existing wetlands were delineated by Cedar Creek Associates and subsequently approved by the Army Corps of Engineers. A mitigation report was also prepared by Cedar Creek Associates entitled "Mitigation Plan for a Portion of the Wetlands Impacted by the Huntington Hills Development" dated July, 1992. Based on the discussions held we have the following understanding: 1. The developer will attempt mitigation in the area of the detention pond for a portion of the 0.60 acres. 2. Natural Resources will determine the amount of the 0.60 acres actually mitigated for after a 2-year period based on the area of coverage of wetland species vegetation as well as type of vegetation and "value" (a higher value than what was mitigated for may decrease the acreage of mitigation required). 3. Any additional mitigation required to fulfill the 0.60 acre requirement will be provided in conjunction with any future phases of the Huntington Hills P.U.D. This will be accomplished by a separate agreement independent of the Development Agreement, which will include the legal description of the remaining portions of the Huntington Hills P.U.D. TST, INC. 743 whalers Way • 6ullding o 102 Inverness Te0'eCe Eut Consulting Engineers Fort Collins, CO 80625 Englewood. CO 00112 (303) 225A557 (303) 792-0557 M.(" D r"' (no3) 50"1 W ftAk (3W) M2-s4e" FAX 43031 2 204 Auq 12,1992 01:17PH FF TST FT COLLINS TO 'porn WHOH P.03 TST. INC. Mr. Mike Herzig August 12, 1992 Page 2 I believe that these statements accurately summarize the discussion held. Please be advised that we have some concern as to the maintenance of the drainage way by Stormwater Utility and the potential mowing conflicts with the Natural Resources Department. It is our experience that though Natural Resources promotes the propagation of wetlands, the Stormwater Department ultimately is responsible for maintenance. Often times, due to local resident complaints, etc., the Stormwater Department regularly mows these types of open space/drainage areas. This activity is detrimental to wetland mitigation and the developer should not be responsible for such conflicts beyond his control. Il. O%Site Storm Drainage An item of discussion with yourself and Glen Schlueter of Stormwater Utility focused on the drainage discharge from the existing detention pond on the southeast corner of this development. As you are aware, the developer has been asked to acquire an casement across downstream properties, to the Brittany Knolls P.U.D., where the drainage channel is a platted tract (drainage easement). This will entail the acquisition of casements from three separate land owners. The reasoning for the need of these easements, as we understand it, it that the upstream development and detention pond has changed the quantity and type/location of release of historic flows. We would like to hereby go on record to say that the total flow released from the detention pond includes not only storm runoff from Huntington Hills Filing No. 2, but also non - detained storm runoff from Huntington Hills Filing No. 1 as well as several commercial sites along College Avenue. During our meeting, it was discussed that at least one of the easements may no be obtainable. This is across the first property crossed by the drainage downstream of the detention pond. Based on these issues and the discussions held during the meeting, we have the following understanding: 1. The developer will make an earnest attempt to acquire all required easements for off - site drainage conveyance within the next 90 days. 2. The easement width should account for the existing channel or the width of channel required to convey the 100-year storm released from the detention ' pond. If a sufficient channel does not exist on the adjacent property due to the owner's wish to disperse the water for irrigation and/or wetland propagation, then the easement must only he of a width and alignment to allow for said required channel. Li PUC 1c,199-1 01:16FM FROM TST FT COLLINS TO Osbnrn WHOB P.04 TST. INC. Mr. Mike Herzig August 12, 1992 Page 3 3. The outlet of the detention pond will be decreased in capacity to discharge no more than a 2-year historic rate (historic rate being defined as the existing developed condition upstream of Huntington Hills Filing No. 2 together with the undeveloped condition of Huntington Hills Filing No. 2, i.e., the current as is condition of the entire basin), until the easements are acquired or 90 days have elapsed. This will cause flooding of a portion of Filing 2 during a 100-year event, but the limits of flooding will not encroach into the first phase of development. Please note that any increase to historic conditions as defined herein can only be caused by development of Huntington His Filing No. 2. Therefor, the required reduction will only be necessary if impervious conditions change within Huntington Hills Filing No. 2 within the next 90 days. 4. If the easements are not obtainable within 90 days, the developer will enter into an indemnification agreement with the City for an amount equal to the proportionate share of the estimated cost of condemnation of the easement. The proportionate share shall be determined by a formula in which the increased stormwater discharge from the development of (Huntington Hills Filing No. 2) bears to the overall historic flow from all Mated development in the whole area (whole area being shown on Exhibit 1), inclusive of Huntington Hills Filing No. 2 development. I hope that this letter suffices as an exhibit to the Development Agreement and allows this project to move forward. Please feel free to contact me if you should have any questions or concerns. Respectfully, TST, INC., CONSULTING ENGINEERS . "OL� tephen F. Humann, P.E. SFHlds 3 TOTAL P.04 August 3, 1992 Mr. Mike Herzig Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 Ike: Huntington Hills Filing 2, Sight Distance Variance Project No. 10-697-001 Dear Mike: With this letter, we are requesting a variance to the Sight Distance Design requirement. As stated in subparagraph C on page 7 and also in Table 2 of the City of Fort Collins Design Criteria and Standards for Streets, the minimum corner sight distance required for the intersection of Saturn Drive and Derry Drive is 300 feet. However, since this subdivision is already platted with a substandard centerline radius, we are unable to meet the standard corner sight distance without making two lots, 174 and 152, unbuildable. We are able, however, to meet a stopping sight distance of 200 feet by providing a reasonable sight distance easement across lots 174 and 152. We feel that safety issues pertaining to sight distance have been addressed in that the posted speed limit on Derry Drive will by 25 MPH and the proximity of the substandard radius to the intersection will cause traffic to be slower. This is due to the distance required for the average driver to accelerate after stopping or turning. Derry Drive will have stop signs at the intersection of Saturn Drive. If you should have any questions regarding this matter, please feel free to contact us. Respectfully, TST, INC. CONSULT G ENGINEERS Steve F. Humann, P.E. SFH/jas TST, INC. 748 Whalers Way • Building D 102 Inverness Terrace East Consulting Engineers Fort Collins, CO 80525 Englewood, CO 80112 (303) 226-0557 (303) 792-0557 Metro Denver (303) 595-9103 FAX (303) 792-9489 FAX (303) 226-0204 ,�,�, e'er JVvv eG. r July 22, 1992 Mr. Mike Herzig Engineering Department City of Fort Collins liry k; YI 281 North College Avenue Fort Collins, CO 80522-0580 ��t� Jn �� kY� " RE: Huntington Hills Filing 2, Sight Distance Variances Project No. 10 697-00�1�pV._ Lf .i 1,u_ ti 2MG`n t UV L( MY✓,.� fY_ (� 14 `� iEtiiu Dear Mike: 1e,� i After conversations with CityPlanning and En tneerin land review of the comments and g g g concerns from same, we are requesting a variance on the sight distance requirement on Derry Drive approaching the intersection of Saturn Drive. As you are aware from our letter to you dated July 14, 1992, requesting a variance on the centerline radius of Derry Drive. The platted centerline radius is only 165.00 feet, whereas by today's standards that radius would r I need to be a minimum of 240.00 feet or more. Since we are not replatting the streets nor ' I lots, we are requesting this variance. This plat and the utility plans were first approved in May of 1984. By design criteria as stated in the City of Fort Collins standards for streets, this roadway would not have been designed as such. We are suggesting that the safety of `N�,�,:A this curve be addresses with traffic control signs i.e. posting a speed limit sign of 15 mpli approaching this curve and intersection from the southwest plus installing a four-way stop ~ sign at the intersection of Saturn, Derry and Dunne Drives. We feel that this alternative will provide the measure of safety required for the protection of all concerned. ti ' '2<4 If you should have any questions regarding this matter or if I could be of further assistance to you in any way, please do not hesitate to contact me. Very truly yours, b ' na n c{c`re TST, INC., CONSULTING ENGINEERS �t;1FlUfSif?;, `�j`' �'nCErrYrr?f: , `V�,Q� ELSQ��F��;~�(:.E, t11 't�t3t'C TiG%1 -��f7 tp iAi '�. f i�- ty �Ij 11V1iA Donald N. Taranto, P.E. , ;� €a 17 L'• C_.v DNT/Ic,� 1�9�~'°�-w.. °`'�6��`' 'z r 1 'r ral cc: Mr. Marc Palkowitsh F+Yr. �`f=ka�aaaat5tat''�� ��y7ki� act. �✓.{- � Mr. Ben Connellttt rc) t 1 �'� } In rxru, TST, INC. 748 Whalers Way • Building D 102 Inverness Terrace East -k/ f3GC.Lt ! ---` "LA-L') Consulting Engineers Fort Collins, CO 80525 Englewood, CO 80112 }y 9 (303) 226-0557 (303) 792-0557 `�Jf.Lt } (,C't k� ' ' 4Ki Metro Denver (303) 595-9103 FAX (303) 792-9489 f �y-.�1 FAX (303) 226-0204 - July 14, 1992 Mr. Mike Herzig Engineering Department City of Fort Collins 281 North College Avenue Fort Collins, CO 80522-0580 RE: Huntington Hills Filing 2, Street Centerline Radius Variance Project No. 10-697-001 Dear Mike: We are writing this letter requesting a variance on various platted streets within Huntington Hills Filing 2. The streets listed below were platted with a centerline radius of 165.00'. Since this plat was recorded the minimum radius has been changed to 240.00' necessitating the request for the variance. The streets are Dunne Drive (one curve of 165.00'), Derry Drive (three curves of 165.00'), and Brinn Court (one curve of 165.00'). As mentioned above, the design for residential roadways, as listed on pages 7 through 9 and on Table 2 have changed since this plat was recorded. The only design criteria that could not be met was the new center line radius, due to the fact that we would have had to replat the entire south half of the subdivision and all we were required to do was bring the P.U.D. plans and utility plans up to the design criteria current as of 1992. The only other potential design problem that arose, was a sight distance requirement at the east intersection of Saturn Drive and Derry Drive. This problem was taken care of with a sight distance easement that has been submitted to the City. We feel with the limited amount of traffic that will be using these residential streets, there should not be a public safety problem. If we can provide any additional information, please do not hesitate to call. Respectfully, TST, INC., CONSULTING ENGINEERS Stephen F. Humann, P.E. SFH/lc cc: Mr. Marc Palkowitsh Mr. Ben Connell TST, INC. 748 Whalers Way - Building D 102 Inverness Terrace East Consulting Engineers Fort Collins, CO 80525 Englewood, CO 80112 (303) 226-0557 (303) 792-0557 Metro Denver (303) 595-9103 FAX (303) 792-9489 FAX (303) 226-0204 �) July 14, 1992 Mr. Mike Herzig Engineering Department /1 1 )+,>> City of Fort Collins j5.li 281 North College Avenue k' Fort Collins, CO 80522-0580 % r '� `u t RE: Huntington Hills Filing 2, Street Centerline Radius Variance Project No. 10-697-001 i Dear Mike: We are writing this letter requesting a variance on various platted streets within Huntington ±13 Hills Filing 2. The streets listed below were platted with a centerline radius of 165.00'. Since this plat was recorded the minimum radius has been changed to 240.00' necessitating the request for the variance. The streets are Dunne Drive (one curve of 165.00'), Derry Drive (three curves of 165.00'), and Brinn Court (one curve of 165.00'). If we can provide any additional information, please do not hesitate to call. Respectfully, TST, INC., CONSULTING ENGINEERS tephen F. Humann, P.E. SFH/lc cc: Mr. Marc Palkowitsh Mr. Ben Connell TST, INC. 748 Whalers Way • Building D 102 Inverness Terrace East Consulting Engineers Fort Collins, CO 80525 Englewood, CO 80112 (303) 226-0557 (303) 792-0557 Metro Denver (303) 595-9103 FAX (303) 792-9489 FAX (303) 226-0204 [ s" r , 1 " 7 V v i ;nL�y i