HomeMy WebLinkAboutPRESERVE AT THE MEADOWS - Filed GC-GENERAL CORRESPONDENCE - 2005-06-09SEAR• BRr
January 4, 2002
Mr. Cam McNair
City of Fort Collins Engineer
281 N. College
Fort Collins, CO 80521
Dear Mr. McNair,
., .... 5285 McWhinney Blvd., Suite 190
Loveland, CO 80538
970.461.2800 phone
970461 2801 fax
wwwsearbu,wn.com
This letter is to inform the City of a potentially serious problem involving the "Preserve at the
Meadows" project approved January, 2001 by the City. A pedestrian bridge was included as part
of the design plans prepared by Northern Engineering which referenced structural design details
prepared by Sear -Brown. However, Sear -Brown did not design the pedestrian bridge indicated
in the Northern Engineering plans. Northern Engineering apparently misrepresented the
structural design for a different pedestrian bridge designed by Sear -Brown as the structural
design for the bridge shown on this project. This was done without the knowledge or consent of
Sear -Brown.
Jim Allen -Morley, dear -Brown, was contacted on December 28, 2001 by Dave Wyatt who is the
contractor for the "Preserve at the Meadows". Mr. Wyatt called to see if the footings of a
pedestrian bridge could be raised because of ground water problems. When questioned which
bridge it became apparent that it was not a pedestrian bridge that had been designed by Sear -
Brown. The bridge in question is located on the New Mercer Canal, 300 feet north of
Horsetooth Road. According to the contractor, the plans that he would be building the pedestrian
bridge from are included in the approved utility plans for the "Preserve at the Meadows" which
were completed by Northern Engineering.
Following that conversation Jim Allen -Morley spoke with Bud Curtis, Northern Engineering,
and visited the City of Port Collins Mapping to see the approved plan set. The approved plan set
for the "Preserve at the Meadows" had included sheets 34 and 35 of the approved "Warren
Farms Third Filing" plans prepared by Sear -Brown and at each new bridge location referenced
these Sear -Brown plan sheets. One example, is on the Northern Engineering grading plan, Sheet
4 of 17 where the new pedestrian bridge is shown there is a note: 'Pedestrian Bridge to be
constructed with this project. See included Sheet 34 of approved Warren Farms Third Filing
infrastructure Plans by the Sear -Brown Group for Details." Sear -Brown's design plans were
prepared for the bridge located approximately at the boundary between Warren Farms Third
Filing and the Preserve at the Meadows, not the location shown on sheet 4 of 17 in Northern
Engineering's plans.
Sear -Brown insists that our plan sheets 34 and 35 and all the references to them be removed from
Northern Engineering Plans for the "Preserve at the Meadows". Sear -Brown has not given any
permission for our design plans to be used in this location and will not stand behind these plans
as being appropriate for a bridge in this location. Responsible, competent professional engineers
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SEAR•BRO�
understand that a structural design is unique for each bridge due varying site conditions including
soils, ground water, loading, length, width, etc. and cannot simply be duplicated from one site to
another without appropriate design consideration. Sear -Brown considers this misuse and
misrepresentation of our design information as irresponsible on the part of Northern Engineering.
In addition, this is a serious infringement on our copyright.
Sear -Brown intends to refer this matter to the State of Colorado Board of Professional Engineers
for further investigation into the professional conduct of the individuals involved and will
internally review the matter with our attorney for possible further legal action due to the
copyright infringement.
We again expect that the City will rescind any approval of plans containing the above described
bridge design, stop any and all work related to the bridge and return these plans to Sear -Brown.
We certainly appreciate the City's cooperation in this unfortunate matter. We are also
forwarding this letter to Mr. Louis Swift at the New Mercer Irrigation Canal Company for them
to take appropriate action and rescind their approval as well.
Thank -you for your time and consideration, if you have any questions please let me know.
Sincerely,
Bret A. Cummock, P.E.
Associate
Cc: Jeff Stone, Sear -Brown Legal Counsel
Louis Swift, New Mercer Irrigation Canal Company
Dave Stringer, City of Fort Collins Engineering Feview
Mike Jones, Nortlnem Engineering
Bud Curtis, Northern Engineering
Transpc, ation Services
Engineering Department
City of Fort Collins
David E. Bailey
601 Corporate Circle
Golden, Co. 80401
RE: Development Construction Permit number 0101 — Preserve at the Meadows
Dear Mr. Bailey:
The intent of this letter is to notify you that the City has agreed to extend your
Development Construction Permit number 0101 with the issuance date of
February 5, 2001. This effective issuance date of this extension is May 9, 2001.
Sincerely,
1David Stringer
Development Review Manager
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June 30, 2000
Dave Stringer
City of Fort Collins
Engineering Department
281 North College Avenue
Fort Collins, Colorado 80522
RE: The Preserve at the Meadows
Dear Dave:
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Attached please find the revised The Preserve at the Meadows Utility Plans. We have revised these plans to
address the comments contained in your letter dated April 21, 2000. The utility revisions include. but are not limited
to the following:
1. No additional construction easements are required for The Preserve.
2. The traffic study was submitted with the initial submittal of The Preserve at the Meadows by The Sear -Brown
Group.
3. The provided language has been added to the plat and the benchmarks have been revised on the cover
sheet.
4. The Ditch Company signature blocks have been added to the Utility Plans.
5. The utility relocated have been coordinated with Warren Farms TO Filing Infrastructure Plans.
6. The pedestrian bridge design on sheet 34 of the approved Warren Farms 3r° Filing has been included in this
set.
7. The private streets have been revised to meet City standards.
8. Storm water and sanitary sewer manhole inverts were originally included in the plan set, but were previously
strategically camouflaged in the profile to aid in construction confusion.
9. A typical cross-section of a private street has been included on the general detail sheet.
10, Redline comments on the blue lines have been addressed at this time.
11. Maintenance of the streets, open space, tracts, etc. have been addressed in the site plan drawings by
Vingette Studios.
12. Another utility coordination meeting took place on May 31, 2000 and all issues have been resolved between
the different entities.
Please feel free to contact our office if you have any further questions or comments.
Sincerely,
NORTHERN EN INEERING SERVICES, INC.
Keefe, Project Engineer
cc: Fil
420 SOUTH HO'WES, SUITE 202, FORT COLLINS, COLORAOO 80521, (970) 221-4158, FAX (970) 221-4159
Transpc ition Services
Engineering Department
City of Fort Collins
June 16, 1999
Jim Allen -Morley
209 South Meldrum
Fort Collins, CO 80521-2603
Dear Jim:
The Engineering Staff has reviewed the variance request for Warren Farms, 3`d Filing submitted
May 27, 1999. As a representative for the Engineering Department, I would like to thank you for
your time and effort in resolving all our concerns. The variance request letter is thorough and
concise. 1 recommend approval of the following:
Meadowlark Avenue:
I. The minimum centerline radius of 410 feet as opposed to the standard minimum
centerline radius for a collector street of 610 feet. The City Engineering Department
is able to accept the centerline radius reduction for the following two reasons:
The posted speed limit will be 25-mph, which is below the typical 35-mph
posted speed limit for a collector street. Consequently, the reduced speed
limit could suggest that the design speed be reduced to 30-mph for which the
centerline radius would then be compliant under City standards.
The design of Meadowlark Avenue is constrained by a 400-foot centerline
radius at the northern boundary and the required alignment with Manhattan
Avenue to south (per the Master Street Plan).
2. The minimum tangent between curves or intersections of 82.63 feet as opposed to the
standard minimum for a collector street of 150 feet. This variance is justified for the
following two reasons:
The variance is technically only for one of the three tangents between curves
or intersections along Meadowlark Avenue for the other two tangents are 170
feet and 269 feet.
The variance for the minimum tangent of 82.63 feet is located at the
constrained northern boundary where existing conditions and the required
alignment of Meadowlark Avenue with Manhattan Avenue at Horsetooth
Road cause a reduced tangent.
3. The minimum corner sight distance of 350 feet as opposed to the standard minimum
of 400 feet with exception to the Meadowlark Avenue/ Mercer Way and Meadowlark
281 Not College P.vcnuc • 170. Box CFO • For: Collin Ct) So7??-05;30 • (070)--1-06(1�,
Avenue/ Planter Way intersections which the City will allow 277.4 feet and 325.54
feet, respectively. The City Engineering Department will allow the corner sight
distance reduction from 400 feet to 350 feet for the following reason:
♦ The design speed for a 460-foot centerline curve radius (maximum centerline
radius for Meadowlark Avenue) as calculated from AASHTO (1990) pg. 190
is 36-mph. The allowable corner sight distance for a vehicle crossing 2-lanes
of traffic from a stop (the apparent base of the City standard) is shown in
figure IX pg. 762 to be 350 feet.
The City Engineering Department will approve a 277.4-foot and 325.54-foot corner
sight distance as opposed to the 400 feet required based on the following:
The design speed for a 400-foot centerline curve radius (the existing
centerline radius along Meadowlark at both Mercer Way and Planter Way) as
calculated from AASHTO (1990) pg. 190 is just over 34-mph. The
allowable corner sight distance for a vehicle crossing 2-lanes of traffic from a
stop is shown in figure IX pg.762 to be approximately 320 feet.
Furthermore, the posted speed limit is 25-mph creating a design speed of 30-
mph: therefore the above derivation of corner sight distance would be
approximately 280 feet.
4. The minimum intersection spacing criteria which would allow reductions to the
minimum standard of 200 feet for the two (2) private drives along Meadowlark
Avenue with the condition that the distances are verified to be accurate. My findings
measure the 130 feet and 196 feet distances to be 165 feet and 132 feet, respectively.
This variance is justified by the small amount of traffic generated from the 4 homes
on each private drive and the minimal conflicting left -turn movements.
Local Residential Streets:
1. The minimum centerline radius of 100 feet as opposed to the standard minimum
centerline radius for a local residential street of 240 feet. The City Engineering
Department approved this variance for the following reasons:
The length of the run of any of the proposed residential streets are very
limited, generally 100 to 200 linear feet at any given segment.
The reduced radii create a condition were vehicle speeds in the neighborhood
will be reduced. For example, the design speed for a 100-foot centerline
curve radius as calculated from AASHTO 0990) pg. 190 is 20-mph.
2. The minimum tangent between curves or intersections of 59 feet as opposed to the
standard minimum for a local residential street of 100 feet. This variance is justified
based on the following:
♦ The reduced tangent length is not prevalent at intersections. In fact, tangents
at intersections meet or exceed the City's design standards, which allows for
adequate sight and stopping distances at intersections.
♦ The reduced tangent lengths are generally between the reduced centerline
radii. By reducing the tangent length between reduced centerline radii a
vehicle can not accelerate to an unsafe speed before navigating the next
curve.
3. The minimum corner sight distance of 200 feet as opposed to the standard minimum
of 300 feet for the Riva Ridge Drive/ Warren Farm Drive and Warren Farm Drive/
Harvest Way intersections. The City Engineering Department will allow the corner
sight distance reduction from 300 feet to 200 feet at the intersections mentioned
above for the following reasons:
♦ At a majority of the residential street intersections the corner sight distance is
meeting the City's corner sight distance standard of 300 feet.
♦ Both the Riva Ridge Drive/ Warren Farm Drive and Warren Farm Drive"
Harvest Way intersections will have a controlled stop condition. The Riva
Ridge Drive/ Warren Farm Drive intersection will be a four-way stop
condition and the Warren Farm Drive/ Harvest Way intersection will be stop
condition for vehicles on Harvest Way (Warren Farm Drive will be a through
street at this intersection).
♦ The design speed for a 100-foot centerline curve radius as calculated from
AASHTO (1990) pg. 190 is 20-mph. The allowable corner site distance for a
vehicle crossing 2-lanes of traffic from a stop is shown in figure IX pg.762 to
be approximately 190 feet.
4. The 18-degree angle of departure for the Mercer Way intersecting at Meadowlark
Avenue as opposed to the required I0-degree angle of departure. This variance is
justified for it aligns the intersection with the existing cul-de-sac street to the west
within the existing confines of Meadowlark Avenue.
Once again, the Engineering Department appreciates all the time and effort that has occurred over
the past several months. If you have any questions, please call me (Mark McCallum) at 221-
6605. Thank you.
SincQrely,
Mark McCallum
Civil Engineer 1
Cc: Dave Stringer
Eric Bracke
Steve Olt
Craig Kam
Approved by t e City Engineer:
Cam Mc air
City Engineer
IWK
TIDE PRESERVE
March 20, 1995
Mike Herzig
Fngineering Department
City of Fort Collins
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
Re Mercer Ditch at The Preserve Apartments
Dear Mr. Blanchard:
We have reached a tentative verbal approval with the engineer of the Mercer Ditch Company
regarding a bank stabilization plan along (he northern edge of our property at The Preserve. 'fhe proposed
solution culls lot either a tri-lockine stone system or a large rock, rip -rap solution. 1 nor concerned that we
will be unable to anuplcte the required work in the allowed tinre required by the Ditch Company. In a
letter sent by the Mercer Ditch Company's attorney, this work is to be completed by April I. The Ditch
Company's em'uineer has been out of town and unavailable. Through TSI, Inc., we have diligently pursued
a solution that the Mercer Ditch Company would approve.
As I mentioned on your voice mail this morning, t am concerned that if we do not complete the
work by April I and the ditch begins to run with water, then the City of Fort Collins will not issue my
project an% certificates of occupancies as the buildings are completed. By way of this letter I am asking the
City of Port Collins to allow the work to be completed in the fall when the ditch is shut down for the winter
months and before the last buildin, is completed. The completion date for the project is estimated to be
November 25, 1995.
I am also attaching a letter that 1 am sending Louie Swift, President of the New Mercer Ditch
Company requesting a time extension for the work until next fall.
In short- I am asking the City of Fort Collins for a written response, independent of what decision
the Mercer Ditch Company might make, whether we can delay the proposed wort: along the Mercer Ditch
without jeopardizing our certificate Of Occupancies,
I am uncertain to whom this letter should be addressed, so I have sent the identical letter to Mile
Cicbo, Lob Blaoch',rd and to you
-
You can reach me at 303-384-0200, and write to me at: 601 Corporate Circle, Golden, CO 80401.
Sincere'%
David F. Bailey :!
Manager
F.nclosmrc: Letter to Louie Swift