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HomeMy WebLinkAboutINVERNESS INNOVATION PARK FIRST FILING (ROCKY MOUNTAIN INNOVATION INITIATIVE) - PDP - 30-09A - CORRESPONDENCE - EASEMENTS (5)we go back to City Council to request approval of a blanket easement or easement for piping the storm flows to the river. Stormwater Utility representatives in attendance at the meeting wondered whether after the potential impacts to the Coy Ditch, PRPA and Xcel facilities are considered, it may be that piping the excess storm drainage from your detention pond to the river is a more appropriate solution than discharging them onto the surface of the City's property. Given these concerns, we concluded it is just too soon in the development review process to determine with certainty what additional easement or easements may be necessary for your project. I contacted Ted Shepard in the City's Planning Department who indicated he understands staff is working with you on the details of the proposed easement so there will not be any delay in processing your development plan due to the status of the proposed off -site easement. As you may know, he will not need a signed easement until the final development plan is approved. As I noted above, staff does not oppose the concept for delivering the storm water flows over the City's property and we will work with you to complete the off -site easement as soon as we are able to fully consider the final engineering and the impacts on the infrastructure of the other entities. I encourage you to keep me informed about the discussions you are having with the Coy Ditch, Xcel Energy, and Platte River Power Authority so we can incorporate that information into the solution for the storm water design and easement over the City's property. I'm happy to meet with you to discuss this project anytime. Thank you. Sincerely, Brian Pederson Real Estate Specialist II Cc: Glen Schlueter Bob Smith . Ingrid Decker Daylan Figgs Roger Buffington Ted Shepard City of F6rt Collins August 26, 2009 Mr. Michael Bello Urban Development Partners 1220 S. College Ave., Suite 100 Fort Collins, CO 80524 OPERATIONS SERVICES REAL ESTATE SERVICES P.O. Box 580 300 Laporte Avenue Fort Collins. CO 80522-0580 970.416.2276 970.416.2209 — fax kgovxorn Re: Proposed storm drainage easement over the City's Gustav Swanson Natural Area property to serve the proposed Inverness Innovation Park development. Dear Mike, I met with staff members from the City's Stormwater Utility, Natural Resources Department, and City Attorney's Office last week to discuss the proposed language which Joe Fonfara had written about accepting historical flows and the possibility of a blanket easement over the City's property. No staff member in attendance opposed the concept of delivering excess storm water drainage from your proposed development across the City's property to the river, and all agreed that Joe's language is legally accurate. However, staff did not feel that just acknowledging historical flows as proposed in Mr. Fonfara's suggested language is sufficient for your project, primarily because the location and concentration of the new excess flows and quality of the water would be different than the historical flows. We think a blanket easement may be the appropriate solution but we do not feel there is enough information available at this point in the development process to determine that for sure, nor is there enough information to go back to the City Council to request an additional easement. Since the final engineering for Phase I is not complete, there were questions regarding how much water could potentially be discharged onto the City's property from Phase I of the development and how the quantity and quality of the flows might change with the addition of future phases from the development. We also do not have enough information about the impact of the potential storm water flows from the development on the Coy Ditch, Platte River Power Authority, and Xcel Energy facilities. We would like to know that each of those entities will not be adversely impacted and are in agreement with your proposed storm water plan before