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HomeMy WebLinkAboutGREENBRIAR VILLAGE PUD THIRD - Filed GC-GENERAL CORRESPONDENCE - 2004-08-06Commi., v Planning and Environment L ervices —� Planning Department City of Fort Collins June 24, 1994 Ed Zdenek ZTI Group/Architects 1220 South College Avenue Fort Collins, CO. 80524 Dear Ed, The intent of this letter is to update you on the City's position concerning the status of the Greenbriar Village P.U.D., Third Filing - Final. that was originally submitted on March 31, 1994 for review as a combined Preliminary/Final. The item was scheduled to go to the Planning and Zoning Board on May 23, 1994 for a decision. City staff felt that there were outstanding storm drainage and natural areas issues significant enough to delay approval of the Final P.U.D. and, therefore, the item was approved by the Board on May 23rd as a Preliminary only. No new information addressing these issues has been provided since the Preliminary approval. I was informed by Glen Schlueter of the Stormwater Utility on Wednesday, June 22, 1994, that Joe Marcisofsky of Structured Engineering, the engineer of record on the project, has withdrawn his drainage report and plans from the review process. Based on this event, the project is now incomplete and cannot automatically proceed in the City's development review process. You must submit a complete drainage report and plans on any of the upcoming submittal dates (please see the attached Revised 1994 Development Review Schedule), which would initiate the review process and place you on schedule to be on the agenda for the Planning and Zoning Board public hearing date that corresponds to the date of submittal. I can be reached at 221-6750 if you have any questions. S' cereely, Steve Olt - Project Planner cc: Bob Blanchard, Chief Planner Kerrie Ashbeck Stormwater Utility Natural Resources file/Project Planner "?1 %A)r0l "ollr4c -1:r nun n 0- oo;�, ��(1 �„ ` • rc�rt o ins. �. Li_�_ -ol ((3) -21-1,.r0 Commu y Planning and Environmental Office of the Director City of Fort Collins To: Ed Zdenek, I From: Greg Byrne Subject: Greenbriar 3 d Fil Date: June 5, 199 .vices Ed, 1 have reviewed the issues surrounding the common property line between your project and the Stormwater Utility. At your request, my goal has been to arrive at the minimum necessary actions you must take in order to proceed with development of lots 14 through 18, and lots 21 through 24 At your option, you may (1) revise the Greenbriar 3rd Filing utility plans, or (2) submit a new plan detail, to reflect current conditions and the following requirements: An easement should be shown on the Northeast corner of Lot 14 Greenbriar 3rd filing. This easement should be dedicated to the public for drainage coming across Willox Lane. Riprap shall be placed along that easement on Lot 14 to protect that lot from potential erosion problems. 2 Grade the detention pond shoreline to the north of the rear property line of lots 14 through 18 and 21 through 24 of Greenbriar 3rd tiling . The grading shall be done at a maximum 4 to 1 side slope. The shoreline shall be graded down from an elevation of 4966.0 at the north lot line of Greenbriar 3rd Filing lots down to an elevation of 4961 within the Greenbriar Pond. 3. The graded pond shoreline shall be seeded with a native seed mix. Construction activities associated with the Greenbriar 3rd Filing development shall be done in a manner that would preserve existing vegetation except as shown on the approved Greenbriar 3rd filing plans or any amendment to these plans. No riprap is required. The plan must reflect existing improvements to the Greenbriar detention pond outfall_ Limits of grading disturbance associated with Greenbriar 3rd Filing construction activities shall be delineated in these revisions- 281 N. College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 (970) 221-6601 • FAX (970) 224-6171 • TDD (970) 224-6002 Ed Zdenek Page 2 June 5, 1997 The City is to complete the re -design and the construction of the Greenbriar pond outfall pipe along Redwood street. The City reserves the right to seek reimbursement for the over -sizing of that pipe from a 15 inch size pipe to a 24 inch size pipe from a point along Redwood Street to Conifer Street. I understand that Mike Herzig has approved the legal description for the easement referenced in item 91, above, but has not yet received the dedication. Finally, a revised development agreement must be executed to reflect these solutions, and to eliminate the prior references to the pond and natural area. Mike Herzig is currently preparing the new document. I have instructed the involved staff to treat any information requests or submittals from you with immediate attention, and to assist you in reaching final approval and release as soon as possible. I will be out of town from June I 1 through July 1. Bob Blanchard will be acting on my behalf during my absence, and I have briefed him on these issues. cc: John Fischbach Bob Blanchard Bob Smith Mike Herzig Basil Hamdan SI No Text City Attori j City of Fort Collins August 19, 1997 Rick Zier, Esq. 318 Canyon Avenue Suite 201 Ft. Collins, CO 80521 Re: Greenbriar Village PUD Third Filing Amendment Agreement No. 2 Dear Rick: Enclosed is the City's proposed Amendment Agreement No. 2 regarding Greenbriar Village PUD Third Filing. A couple of days ago you called to advise that your client was unwilling to execute the enclosed agreement unless the last paragraph was amended to contain a sentence which would indicate that nothing in the amendment would constitute a waiver of either parties right to seek damages from the other for breach of the development agreement. I have discussed this matter with members of the City's staff and I am prepared to agree to your request with the suggestion of a further change to ensure that it is clear that the sentence whereby the parties agree not to waive any rights also is not read to imply an admission by either party of wrong doing or to constitute a waiver of the right of either party to raise any defenses against any such damage actions. Accordingly, I would recommend that the language to be added to the closing paragraph be amended to read as follows: Nothing in this Amendment Agreement No. 2 shall be construed to waive, remove, limit, or abridge in any manner or to any extent either party's right to seek damages from the other for breach of the Development Agreement between them dated May 28, 1996, which occurred prior to the date hereof, or to defend against any such actions for damages, and by execution hereof, neither party admits to any breach of the development agreement. I am persuaded, following discussions with numerous members of the City staff, that the City is fully capable of defending against any actions for damages that may be brought by your client. From the facts that I have ascertained, I do not believe that the City is going to serve well as a deep -pocket from which a wellspring of money will flow to your client in their efforts to "seek damages" and I would suggest that litigation will not be a profitable enterprise for them. As an alternative to the sentence that you are proposing, and which obviously contemplates litigation, the City is prepared to purchase some of the items that were listed on Exhibit C of the Development Agreement at the costs listed thereon from your clients. The City is prepared to 300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6520 • FAX (970) 221-6327 Rick Zier, Esq. August 19, 1997 Page 2 purchase the items listed on Exhibit "C" of the Development Agreement at the listed cost under entry A -Ecology of Pond, B-Lidstone/Anderson work, C(1)-Survey, C(4)-Design, and D- Landscape Architect. The total payment that the City would make for these items is $11,462.00. The terms upon which the City would be willing to purchase the above -mentioned items are that all original work under those items be delivered to the City in good condition and your clients waive and relinquish any right to "seek damages" for breach of the Development Agreement. Essentially, the sentence that you are proposing to insert into the Amendment Agreement would be reversed so that it would in fact constitute a waiver. In addition, if such an agreement can be reached, I have been advised by the stormwater utility that your clients could also remove the fill dirt that is presently inundated in the pond as that fill dirt is identified according the plan that we prepared by JR Engineering Ltd. The excavation limits would have to be negotiated with the City since shore protection has been eliminated from the construction plans. Please advise as to how your clients which to proceed. Sincerely, I/ W. Paul Eckman Deputy City Attorney WPE/pec attachment Transport )n Services Engineering Department City of Fort Collins City of Fort Collins Memorandum DATE: August 30, 1997 TO: All interested Parties FROM: Rick Richter, Pavement Management Engineer. kF_ RE: Greenbriar Village P.U.D, 3rd Filing The purpose of this memo is to outline the City's Engineering Department's requirements for the release of a Certificate of Occupancy for Lot 16 Greenbriar Village P.U.D, 3rd Filing,( address 638 Bayberry Circle). The pavement on Bayberry Circle will need to be replaced to the City's standards from Willox Lane to the west line of Cranberry Court. Bayberry Circle will then need to be barricaded with Type III barricades on the west line of Cranberry Court. All City required signage (traffic and street name) will need to be placed according to the City's Standards. The broken concrete curb and sidewalk will need to be replaced according to the City's Standards, or an escrow account will need to be established for the concrete repairs. Not withstanding the conditions as stated in the Development Agreement dated May 29, 1996 and Amendment No I dated March 24, 1997. In order to release a Certificate of Occupancy for lot 7 (house under construction) the pavement on Bayberry Circle will need to be replaced to the City's standards from the west line Cranberry Court to the west lot line of lot 7. And the pavement on Cranberry Court will need to be replaced to the City's standards. Please be aware that prior to the City Engineering Department release of any future building permits for Greenbriar Village P.U.D, 3rd Filing the streets need to be constructed with at least the base course completed, to the City's standard. The conditions as stated in the Development Agreement dated May 28, 1996 and Amendment No 1 dated March 24, 1997 will still apply. Revised as per meeting Friday Arigust 29, 1997: The Certificate of Occupancy for Lot 16 Greenbriar Village P.U_D, 3rd Filing,( address 638 �tiI \nrth G.lIlr11c V'cnuc • PO. Box -,80 • Port Collins, CO W;22-0580 • (970) 221-(*0 Bayberry Circle) was released with the following conditions 1.) The paving of Bayberry Circle as outlined in this Memo will need to be completed within 45 days of issuance of the Certificate of Occupancy. 2.) Type III barricades with the "Road Closed" and "Construction Traffic Only" will be erected at both ends of Bayberry Circle by Saturday August 30, 1997 at the cost of the developer. 3.) The Escrow for this development will be reexamined and increased if necessary. All other requirements outlined in this Memo are valid and will be enforced. The conditions outlined in the revision of this Memo relate only to the issuance of the Certificate of Occupancy for Lot 16 Greenbriar Village P.U.D, 3rd Filing. Any future Certificate of Occupancies for this P.U.D. will not be issued until all requirements are satisfied. Community Planning and Environmental Services Natural Resources Department City of Fort Collins December 21, 1995 Mr. Edward G. Zdenek ZTI Group, Development 1220 S. College Ave. Fort Collins, CO 80524 RE: Release of lots on Greenbriar P.U.D., Third Filing Dear Ed: Wednesday morning (12/20/95) Glen Schlueter of the City Stormwater Utility, Mike Herzig of Engineering, and I met on the Greenbriar site to evaluate what additional information and/or actions were needed before the City can release the the development and building lots (which border City property to the north) for construction. It was observed that the plans appear inconsistent with the existing site conditions, particularly with regards to the planned transition to the City -owned property to the north. It also appears that the site and utility plans do not clearly show all wetland and open water areas which will be affected by the proposed project's design and construction. As you are aware, a hold exists on the development proceeding until until the developer provides additional information sufficient to determine how the grading would transition between the back lot lines and the wetland/wildlife habitat mitigation area which was being planned on the City property to the north. The developer has wetland mitigation responsibilities for wetlands which have been (or will be) disturbed by the construction of some of the Greenbriar lots. This responsibility is tied to a note which was placed on the Greenbriar P.U.D. 3rd Filing Final Site plan as approved by the Planning and Zoning Board on September 26, 1994. This note states the following: Due to the development of lots 14, 15, and 16 a loss of approximately 0.7 acres will result. Of the 0.7 acres, wetlands constitute only a small portion, so the majority of the area lost would be an open water body. ZTI would mitigate the area lost by constructing a pond greater than open waters that would be lost, an island within the pond for wildlife habitat, and a like kind mitigation area on the west side of the pond would be greater than 1:1 mitigation for the fringing wetlands that now occur on the east side of the open body of water. This note ties the mitigation of the wetlands and pond disturbance area to the natural area "'I V''. C ollo,gr Am. • P0. Buy )SO • Fort Collins, ( 0 SO�22-0580 • (970) 221-6600 • PA\ (970) 221-6378 plan being developed for the property to the north, at a ratio of one to one, like -kind replacement. Natural Resource staff has communicated and met with the developer over the last several years regarding the creation of a joint storm water detention and natural area plan which would encompass the needed mitigation as well as provide some value to the developer, the neighborhood, and the community at large. It is our understanding that the developer now wishes to withdraw from the larger scope of planning for this natural area because the funds the developer intended to use to complete the project have been found to be unavailable. In addition, the developer would like to have the above mentioned lots approved and released for construction, without being linked to the development of the natural area. City staff is willing to accomodate the developer's requests, as long as the developer has met his responsibilities in providing a transition (acceptable to the City) between the lots and the City owned property, and that the mitigation of wetland and pond disturbances resulting from Greenbriar P.U.D., Third Filing is complete. As was intended by the hold which was initially placed on these lots, the developer and City staff must now pay close attention to the transition area at the lot -to -natural area/stormwater facility transition and interface. We are requesting that the developer resurvey and map the topographic, pond, and wetland features of the City owned property for an area defined by an east to west line located 100 feet to the north of the northernmost point of the northern property line common to lots 22 and 23 for this development. Once this area has been surveyed and mapped on a site plan, showing the relationship with the adjacent lots, the developer will need to arrange to meet with Mike Herzig, Glen Schlueter, Rob Wilkinson and others as appropriate. At that meeting, staff and the developer will generate a conceptual plan for the transition area defined by the 100 foot line. The developer will then need to revise the utility plans, site plan, landscape plan, and other planning documents as needed, processing an administrative change to the site plan if such is required. Following these actions, the developer will be responsible for construction of the transition area in accordance with the the mutually generated plans. It is staff understanding that pond and wetland mitigation shall be reflected on the above plans. In addition, the developer needs to be ready to discuss water right related questions with regard to the City owned area to the north. Construction materials were borrowed from the site, and at the direction of the developer (after concept discussions with City staff, but without formal approvals), the borrow pit was deepened to accomodate a pond. In excavating to this depth, the groundwater surface was exposed, resulting in a possible liability to the City with regard to Colorado water law, and a requirement to augment for evaporative loss associated with groundwater exposed by excavation. Since the developer has stated in the past that water rights are available for the pond, he must provide sufficient rights to cover the constructed pond, or the material removed must be replaced to a degree necessary to eliminate the exposed groundwater surface. As a part of this process, City staff will arrange a site visit by the Army Corps of Engineers (to be attended by both staff and the developer) to determine the range of site modifications which will be allowable by Section 404 of the Clean Water Act. The date of this meeting will be dependent on the availability of the Corps of Engineers representative, but it would be desirable that this meeting be held prior to the meeting at which conceptual plans for the transition area are developed. In the mean time if the developer wishes to proceed with of the development prior to completing these items, the development agreement can be completed with the condition that a hold will exist on the: development of the lots bordering the pond, and that construction activities shall not be allowed on these lots until all plans are revised and approved by the City. In addition, no building permits will be issued by the City until the grading of the lots and the transition area is completed and certified as to its proper construction. Please let Mike Herzig (Ph. 221-6750) know if you wish to proceed in this way, and he will complete the drafting of the development agreement. Sincerely, Rob Wilkinson Senior Environmental Planner CC: John Fischbach Greg Byrne Gary Diede Ron Phillips Bob Smith Bob Blanchard Basil Hamdan Mike Herzig Ed Lawler Steve Olt Glen Schlueter Tom Shoemaker JRE eering, Ltd. 4R 12 South College Avenue Fort Collins, Colorado 80525 (970) 282-4335 • FAX (970) 282-4340 November 8, 1996 Mr. Ward Stanford Development Review City of Fort Collins 281 North College Avenue Fort Collins, CO 80522 Re: Greenbriar Wetland Pond - P,'oposed De -watering Plan Dear Ward: 4935 North 30th Street Colorado Springs, Colorado 80919 (719) 593-2593 • FAX (719) 528-6613 6110 Greenwood Plaza Blvd. Englewood, Colorado 80111 (303) 740-9393 • FAX (303) 721-9019 Please find attached a drawing depicting the proposed de -watering plan for the Greenbriar Wetland Pond. Our client. Ed Zdenek, has requested that we provide you with this drawing and a summary of the field operation used to de -water the pond, which will be as follows: I) Water will be pumped from the pond into the existing 15" outfall pipe. �) The water will flow to the south along the east side of Redwood Street to an existing manhole, and then to the west across Redwood Street in the existing 15" pipe. ;) A small temporary holding pond will be excavated at the existing exit to this pipe.fhis pond is onl} to provide a %olume of water in order for the second pump to operate. dl A second pump will pump water from the temporary pond across a vacant field to the west. which is a possible future tiling of Greenbriar Village, to the outfall channel of the Evergreen West Pond- Ibis pumping will all be done by hose. there will be no open channel. Please reyicw this plan. as soon as possible. and respond to myself or Ed /denck. If we can be of further assistance. please do not hesitate to call. thank )'Oil_ Sincerely. JR Fngineering, Ltd. I "Celt �1 ate nnan I'n�je�t Inuanccr GREENBRIAR WETLAND POND PROPOSED DEWATERING PLAN N 300 150 0 300 600 w r-- --- — U SCAI F. 1 = 300' wo Io 13 0 w GREENBRIAR SECOND FILING I EXiS-INC—� ourFA_ PAP_ �. 7 I � vZ PUMP \ GREENBRIAR WETLAND PON&\\ IQz w J z w GREENBRIAR I w o FUTURE FILING I oz Q PUMP > N i w rFMP",RARE SMAL_ PON NAKOMIS SUBDIVISION GREENBRIAR THIRD FILING CONIFER STREET REDw00D C,ti,� JREngineering, Ltd. 4812 South College Avenue Fort Collins, Colorado 80525 (970) 282.-4335 • FAX (970) 2824340 January 14, 1997 Mr. Glen Schlueter City of Fort Collins Stormwater Utility 235 Mathews Street Fort Collins, Colorado 80524 RE: Greenbriar Wetland Pond - Review Comments Fort Collins, Colorado Dear Glen: 4935 North 30th Street Colorado Springs, Colorado 80919 (719) 593-2593 • FAX (719) 528-6613 6110 Greenwood Plaza Blvd. Englewood, Colorado 80111 (303) 740-9393 • FAX (303) 721-9019 JR Engineering, Ltd. is pleased to submit the revised plans for the Greenbriar Village P.U.D., Third Filing, Wetland Pond for your review and approval. The revised plans and this letter address Stormwater's review comments of January 3, 1997. The hydraulic and hydrologic evaluation of the site were performed in accordance with the specifications set forth in the City of Fort Collins' "Storm Drainage Design and Criteria Manual". Note: The Stormwater comments are shown in regular text. A Engineering, Ltd.'s discussion for each item is shown in italics. 1. The submittal needs to be accompanied with a letter describing the submitted plan and calculations. The letter must be signed and stamped, along with a statement of compliance with City criteria. This letter is intended to describe the submitted plans. It also provides the statement of compliance with City criteria. The requested calculations are attached. 2. The pipe outlet at the southeast corner of the pond is shown to discharge directly into the side of the swale and then turn ninety degrees. Superelevation should be considered at this location because of the sudden change in direction. Rip -rap protection is needed at the outlet. It is recommended that the pipe and headwall be angled downstream to prevent any potential erosion and superelevation problems. The grading plan has been revised to allow flows from this pipe to be conveyed in a swale across the northeast corner of Lot 14 of Greenbriar Village P. U. D., Third Filing. A drainage easement shall be granted across said Lot 14, as shown on the plans, to be recorded by separate document. Design calculations for the Swale and for rip -rap �0 Recycled Mr. Glen Schlueter January 14, 1997 Page 2 protection at the outlet of the pipe are attached to this letter. Design calculations have also been provided for all other pipes outletting to this pond, and rip -rap protection has been shown on the plans. 3. Please provide documentation from the Master Plan of the needed detention volume. Please verify that the rating curve assumed in the Master Plan is consistent with the proposed pond grading. The needed detention volume for the pond is 7.2 acre-feet, as shown in the report entitled "Final Report, Greenbriar-Evergreen Basin, Master Drainage Study ", prepared by Lidstone & Anderson. Inc., dated May 1, 1996. The proposed pond grading shown on the revised plans provides a detention volume of 7.26 acre-feet (see attached calculations). The proposed grading and the 15 inch RCP outlet pipe are consistent with the outlet shown in the above reference drainage study and, therefore, the rating curve should be consistent. The required detention volume will begin accumulating at elevation 4962.50, the invert elevation of the aforementioned 15 inch RCP outfall pipe. At the 100-year water surface elevation of 4964.00, the proposed detention storage will be 7.26 acre-feet and the proposed discharge in the outlet pipe will be approximately 4.7 cfs. 4. Please provide a cross-section of the swale east of Redwood. The cross-section must show the 100-year depth and freeboard. Provide a sidewalk culvert at the crossing.. A cross-section of this swale has been provide on the revised plans and design calculations are attached with this letter. The sidewalk culvert has been shown on the revised plans to be constructed when the City of Fort Collins' constructs the future sidewalk. Please show the limits of the drainage easement dedicated for the pond. The inlet swales should also be within the drainage easement. In a telephone conversation with Matt Fater of Stormwater on January 14, 1997, it was confirmed that a drainage easement will not be required for this pond as it lies within City property. in addition to these comments, all redline comments shown on Stormwater's review set have been addressed on the revised plans. Mr. Glen Schlueter January 14, 1997 Page 3 If you have any questions regarding the procedures, methodology, or results presented herein, please do not hesitate to contact us at your convenience. Sincerely, JR Engineering, Ltd. F. Scott Waterman, E.I. Project Engineer Davi lockeman, F' Project Manager Attachments