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Home My WebLink AboutSANCTUARY WEST - FDP - FDP110004 (FORMERLY 30-07A) - CORRESPONDENCE - LEGAL DOCUMENTScomputer modeling and so on. So we said "NO! Approve what we have now." Then Stormwater offered a "Plan B" where 4 to 5 lots would become part of the channel. Again, the answer was "No! Get us approved and we'll consider it later!" Then Plan C was introduced --- Build the Ultimate Channel NOW! Solitaire said emphatically "No! If you want us to make changes at this late date to our engineering & site plans, we just aren't interested. We need to get approved as is. In order to interest others or Solitaire in building the Ultimate Plan, you will need to provide some incentives. The easiest is to rebate fees or credit the extra costs against City fees." Other suggestions were offered also. Those suggestions are still on the table for discussion. It seems that Section 26-545. Credit for Construction of Major Basin Improvements, would apply here. Solitaire will supply the City with Bids from 3 Contractors showing the incremental cost differential for building the Ultimate Plan now versus building the Interim Plan now. This paragraph could be added to the DA, Solitaire could sign it, and the Final approvals could be recorded. If this seems like a logical direction then all the back-up correspondence & arguments can be held in abeyance ... and hopefully forgotten. Thanks for you consideration, Lori. If you decide you want more detailed correspondence, I will be more than willing to get the documents to you. William B. Veio, Manager SOLITAIRE HOMES, LLC 0:303-721-9054 C:303-548-4540 E: isolitaire@comcast.net I?MRI 1?L_/ V 4 A Rocky Mountain Research Institute subsidiary " The channel was designed to convey the Ultimate Condition 100-year flood flows, and maintain the required water quality ponds with minimal modifications to the Interim condition ponds. It should be noted that all future channel improvements will be made by others, not by Solitaire Homes, LLC. The future channel shown in Figure 4.1 would include: . • A trapezoidal channel with a 30 foot wide base and 4H:1V side slopes, extending approximately 310 feet from Laporte Avenue north through the Southern pond 0901) to Barton Drive. • Three loft wide by 4 ft high box culverts under Barton Drive • A trapezoidal channel with a 25 to 35 foot wide base and 4H:1V side slopes extending 750 feet from Barton Drive north through to the intersection of Cherry Street and the NMD. • Water quality ponds for Sanctuary West would still need to be constructed, as shown on the reference drawings." The Stormwater staff asked Solitaire & URS on numerous Comment Reviews and in meetings to change many aspects, calculations, add wording & notices, computer modeling to both the Interim and Ultimate channel design. But NEVER did Staff question the above statements or ask us to correct the paragraph or to eliminate it. It was because we were all working to the same goal: prove the Interim and Ultimate channel conditions can work safely and efficiently. Had there been a misunderstanding about who would be doing the Ultimate channel improvements, this would have been the place to say something to us. Nothing was said that Solitaire would be making the Box Culvert improvements which are obviously only required when the Ultimate channel condition is built. History of Stormwater's Comments about Developing the Property Since we first became involved in the Property in 2003 there have been many different positions and statements made by the Stormwater Division about developing and even NOT developing the Property. Statements range from the Division buying the channel or an easement, to purchasing easements from Solitaire to expand the width of the Hollywood -Irish channels (East-West, and North -South). There were times when we were told the property is not right to be developed now AFTER we had invested a year and a half in time and money doing engineering for the Property AFTER being told it was developable in Concept Review. More recently in 2011, the Interim channel design had completed all engineering and was ready for mylars, when Stormwater asked us to alter our design,& omit the two detention pond retaining walls. Solitaire did not want more delays with changes & revisions, new RMR1 FEALTY 3 A Rocky Mountain Research Institute subsidiary of the pipe penetration and the use of rip -rap. A draft of the Agreement approved at the next Ditch Company Board meeting will be sent to Solitaire. The Agreement will meet the conditions the City has requested in the DA. Why we were surprised to see the DA contained a clause requiring Solitaire to escrow $341,000 to $500,000 for a future stormwater improvement that we were not responsible for building. Throughout the engineering drawings, drainage and flood control reports were the words 'Built by Others' and "Future Box Culvert" to identify that such improvements were part of the Ultimate Channel and not a part of the Interim plan as indicated in the drawings and drainage studies. As a condition of developing the site, the Stormwater Division asked us to design the Ultimate Channel and improvements which would be 'Built by Others" at some future time period, and prove that such a design would work. The design and proof was conducted by URS-civil engineers, the same consultants who authored the West Vine Basin Stormwater Plan and 3 other Basin studies for the City.. In fact, the Final Plans, Utility Plans, Site Plans, engineering & floodway modelings demonstate, that the Interim Plan for the Subdivision can contain TWICE the 100-Year storm event without the future stormwater improvements. Everyone working on the study acknowledged that the design and engineering tasks were two -fold: * The Interim Plan. Design the Sanctuary West Subdivision and prove that it will be able to contain TWICE the 100-Year storm flows, and meet all the City requirements for a Final Plat, including releasing water at or below historic rates into the New Mercer Canal. * The Ultimate Plan. Design the future stormwater channel through the Sanctuary West Subdivision, so that it will be able to connect the Southern Flow path with the Central Flow.path, and release water at or below historic rates into the New Mercer Canal. (In order to accomplish this Solitaire Homes must deed, allow, sell, or convey a wide enough parcel of land through its Subdivision to accommodate a channel that will extend from Laporte Avenue north across Barton Drive and north to connect with the east -west Hollywood -Irish channel and then extend north into the north -south channel to meet the Central Flow path. It may take decades before this Ultimate Plan will be constructed. Therefore, this is the explanation why the Ultimate Channel is "to be built by Others" and not by Solitaire Homes. The Sanctuary West Floodplain Modeling Report prepared by URS (August 2008 & in subsequent revisions) states clearly in Section 4.1 Ultimate Condition Conceptual Design that RMRl 1?L_/ k 2 A Rocky Mountain Research Institute subsidiary `RMRI► REALTY BUS: 303-721-9054 6645 E. Heritage Ploce S., Englewood Co. 80111 FAX: 303-727-0245 A Rocky Mountoin Research Institute subsidiary CELL: 303-548-4540 February 29, 2012 Lori Kadrich E: lkadrich@fcgov.com Director of Planning & Environmental Services Pages: 4 City of Ft. Collins 281 N. College Avenue P.O. Box 580 Ft. Collins, CO 80522-0580 RE: SANCTUARY WEST DEVELOPMENT AGREEMENT ---REQUEST FOR CONSIDERATION TO MODIFY AGREEMENT & EXECUTE IT Solitaire Homes was informed by your office on January 12, 2012 that the Preliminary Development Plan(PDP) had expired for the proposed Sanctuary West Subdivision, due to failure to submit a signed Development Agreement (DA), despite having submitted signed mylars for the Utility Plans, Plat, Site and Landscape Plans to the City and having met all the design and engineering criteria for Final Plat approval. Solitaire Homes (Solitaire) found two paragraphs in question: one with the New Mercer Ditch Company and the other with the requirement to escrow $341,000 to $500,000 for a Box Culvert that was not necessary to meet the handling of future flood flows on the Property. These exceptions were pointed out in an email response to Sherrie Langenberger on the eve of January 10, 2012. The first draft of the DA was received by Solitaire around noon on January 10, 2012 with three subsequent revisions being sent until 4:50 pm that day, making it impossible to review the document, amend it, or to sign it that day. Solitaire requested draft copies of the Development Agreement in April 2011 when we were ready to submit for mylars, and had filled out the City form for the Development Agreement. Inquires were made throughout the summer and fall and as late as December 2011 for a draft. The City had months to at least get a draft to us. The City couldn't meet our reasonable request, yet has allowed the development PDP to expire because we couldn't get the DA back to them, reviewed, approved, and executed on the same day within a few minutes of receiving the last revision. Resolution of the New Mercer Ditch Company DA Paragraph Since then Solitaire has met with Ditch Company officers and representatives on three occasions to clarify the Ditch Company paragraph in the DA. The meeting on February 20 included a review of the Final Plans, access easement clarification, suggestions on installation Land Development • Product Feasibility • On-Sitq Marketing • Investments