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Home My WebLink AboutSANCTUARY WEST - FDP - FDP110004 (FORMERLY 30-07A) - CORRESPONDENCE - CITY STAFFPage 3 of 4 970-221-6287 From: Helen Migchelbrink [mailto:HMIGCHELBRINK@fcgov.com] Sent: Tuesday, January 17, 2012 2:09 PM To: Glen Schlueter; Karen Cumbo Cc: Steve Olt; Jon Haukaas; Roger Buffington; Brian Varrella; Sheri Langenberger; Ken Sampley; Polly Bennett Subject: RE: sanctuary west Karen: I have discussed this issue with Sheri in great detail. We have always been willing to work with the developer and his engineer to create a win/win scenario but some of the issues seem to be a bit larger than Mr. Veio has indicated. We would be happy to meet with you to go over this. She is currently developing a timeline of the history of this project since it will certainly wind its way up the line soon. I will work with polly to set up a meeting with you to discuss the issues. Respectfully, Helen Helen Migchelbrink City Engineer City of Fort Collins 281 North College Fort Collins, CO 80522 970-221-6340 From: Glen Schlueter Sent: Tuesday, January 17, 2012 10:19 AM To: Karen Cumbo Cc: Steve Olt; Helen Migchelbrink; Jon Haukaas; Roger Buffington; Brian Varrella; Sheri Langenberger; Ken Sampley Subject: RE: sanctuary west Karen, One of the clauses in the development agreement requires the developer to escrow between $340,000 to $500,000 for a future crossing of a drainage master planned channel. We offered an alternative to get three independent bids and delay determining the exact amount until he applies for the DCP. He is claiming this is new yet we met with him last summer and showed him documentation from 2005 where it was discussed. It has always been a requirement of developers to pay for any new crossings of drainage channels. This one is identified in the drainage master plan (which is why we do master planning). Jon Haukaas gave him the option to build the channel now and eliminate a lot of retaining walls, but he declined. The bottom line is there is history over this issue and as long as he refuses to pay for the crossing, Stormwater cannot approve the development agreement and requests that the signed construction plans not be released to the developer. The last sheet needed revisions so it not signed anyway. We do have a revised mylar for that sheet but it came in the day after the project expired. It may be OK, however we were told to stop working on the project since it had expired; so it has not been signed. Lindsay can let you in on the wetland mitigation which was not a new requirement. Bottom line is he has had plenty of time to finish this project and his team failed to complete it. At one point he didn't resubmit for over a year. We all worked very hard to keep his project from expiring, but he and his team just ran out of time. Glen From: Sheri Langenberger Sent: Friday, January 13, 2012 4:55 PM 1 / 18/2012 Page 2 of 4 of, or completion of work pursuant to, a final plan for portions of a project development plan shall not create vested rights for those portions of the project development plan which have not received such final plan approval and have not been completed. I am not aware of sections of the LUC that allow you to make an exception. Do we need to meet? I can certainly meet if it is deemed necessary. Your prompt assistance is appreciated. Karen Karen Cumbo Director, Planning Development and Transportation City of Fort Collins 970-221-6287 From: Helen Migchelbrink [mailto:HMIGCHELBRINK@fcgov.com] Sent: Tuesday, January 17, 2012 2:40 PM To: Karen Cumbo; Glen Schlueter Cc: Steve Olt; Jon Haukaas; Roger Buffington; Brian Varrella; Sheri Langenberger; Ken Sampley; Polly Bennett Subject: RE: sanctuary west Thank you, Karen. Polly set up a meeting to discuss this, but based on your email, I will ask Polly to cancel the meeting. Please let me know if I can be of assistance. Helen Migchelbrink City Engineer City of Fort Collins 281 North College Fort Collins, CO 80522 970-221-6340 From: Karen Cumbo Sent: Tuesday, January 17, 2012 2:30 PM To: Helen Migchelbrink; Glen Schlueter Cc: Steve Olt; Jon Haukaas; Roger Buffington; Brian Varrella; Sheri Langenberger; Ken Sampley; Polly Bennett Subject: RE: sanctuary west After getting some background from people at the Planning Coordination meeting this morning, it is clear to me that the staff bent over backward in trying to help the developer meet the deadline for expiration. I also understand that there are some still unresolved issues. I called Mr. Veio this morning, but did not reach him. I left a message that I had looked into this but found no process nor any reason to extend the deadline. I'll let you know if I hear anything from Mr. Veio or anyone else Karen Karen Cumbo Director, Planning Development and Transportation City of Fort Collins 1/18/2012 Page 1 of 4 Steve Olt From: Steve Olt Sent: Tuesday, January 17, 2012 5:09 PM To: Karen Cumbo; Helen Migchelbrink; Glen Schlueter; Paul Eckman Cc: Jon Haukaas; Roger Buffington; Brian Varrella; Sheri Langenberger; Ken Sampley; Polly Bennett; Paul Eckman; Ted Shepard Subject: RE: sanctuary west expiration Karen, Please see my responses, below. Steve From: Karen Cumbo Sent: Tuesday, January 17, 2012 4:26 PM To: Helen Migchelbrink; Glen Schlueter; Paul Eckman Cc: Steve Olt; Jon Haukaas; Roger Buffington; Brian Varrella; Sheri Langenberger; Ken Sampley; Polly Bennett Subject: RE: sanctuary west expiration Importance: High Hello all, I just heard from Bill Veio again, and he tells me that everything is resolved on this project (including the two ditch company issues) with the exception of the stormwater channel. He asserts that it was never part of the 2005 discussion ("bald faced lie" were the words he used), and they never had any responsibility for it. He said that one way to solve it was "credit on the other end." When I said that the project approvals expired on January 10, he started quoting sections of the code that provided that I could make an exception. So ... my questions are: Are all the other issues resolved? From the Planning perspective, yes, applicable issues are resolved. Has anyone/everyone had conversations with him or his representatives on the stormwater issues today? No, I have not had conversations with Mr. Veio or his representatives today. Is there any provision in the code to resolve this? Section 2.2.11(C) of the LUC states: Project Development Plan and Plat Within a maximum of three (3) years following the approval of a project development plan and upon the expiration of any right of appeal, or upon the final decision of the City Council following appeal, if applicable, the applicant must proceed by obtaining the Director's approval of a final plan for all or part of the project development plan. If such approval is not timely obtained, the project development plan (or any portion thereof which has not received final approval) shall automatically lapse and become null and void. The Director may grant one (1) extension of the foregoing three-year requirement, which extension may not exceed six (6) months in length. No vested rights shall ever attach to a project development plan. The approval 1 / 18/2012