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Home My WebLink AboutSTANTON CREEK - Filed GC-GENERAL CORRESPONDENCE - 2005-07-14Peter S. Dusbabek pdusbabek cumkadlaw.com MONTGOMERY, KOLODNY, AMATUZIO & DUSBABEK, L.L.P Attorneys at Law 2625 Redwing Road, Suite 200 Fort Collins, Colorado 80526 Telephone: i970) 221-2800 Fac tmile: t97J1221-0271 www tnkadlaw corn August 21, 2002 Mr. Cam McNair, City Engineer City of Fort Collins -Transportation Services Engineering Department 281 North College Avenue Fort Collins, Colorado 80522-0580 Re: Our Client: The James Company Project: Stanton Creek First Filing Subject: Street Repairs Our File No. 06,0001 Dear Mr. McNair and Ms. McTague Fort Collins • Denver • Cheyenne Ms. Janet McTague Electric Utility Project Manager 700 Wood Street P.O. Box 580 Fort Collins, Colorado 80522 We have been retained by The Janies ::ompariy in respect iu issues Euir riiii+ :<.t repairs in the subject project required to be made by the City of Fort Coilins Enuinee,:nn Department. The James Company intends to proceed to make repairs tc the sfiree improvements directly given the City's threat to refuse issuing any further bulding permits or certificates of occupancy for James Company projects in the City of Fort Collins if work does no' proceed. The James Company maintains that the City of Fort Collins is responsible, either in whole or in part, for the conditions giving rise to the repairs which the City requires. While this matter is still being investigated, an initial review reveals that the City installed certain utilities in, near, and/or across the streets in the subject project in such a manner as to cause the conditions for which the Citv_ new reeuires repairs. Other factors Involving the City exist any a e being reviewed. By engaging in the street improvement repairs required by the City, The James Company is not waiving any right to pursue all remedies available to it under the development agreement for the subject project or otherwise under applicable law. Please contact us should you have any questions or comments. Very truly yours, MONTGOMERY,KOLODNY AMATU?ttD DUSBABEK, L.L.P 9 � e`fer S. PSD:cma cc James Company Transpot-,tion Services Engineering Department Citv of Fort Collins June 28, 2000 Rich Ray James Company 2919 Valmont Rd, Suite 204 Boulder, Colorado 80301 Re: Stanton Creek First Filing Warranty Issues Dear Richard: The purpose of this letter is to ask why you have not contacted the City of Fort Collins about the warranty items in the letter dated May 10, of 2000. The City of Fort Collins would like to resolve these issues. If contact is not made to Jeff Baldwin at 217-8899, Lance Newlin at 416-2011, or Rick Ricter at 221-6605, by July 31, 2000, we will start the process of contacting your bond company. In case you did not receive the first letter the City of Fort Collins has enclosed a copy of said letter dated May 10, 2000 Sincerely: Jeff Baldwin 3.ansvor:atior S�rviecr i_n;�ine"rinr I)enarEnun If`o- 1'or[ (. oinnh. June 27, 2002 .lames Company Rick Walton 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 RE: Stanton Creek Phase 1 Dear Mr. Walton: The purpose of this letter is to set the date for a completed plan by the James Company for the correction of street issues in phase 1 of Stanton Creek. The City of Fort Collins would like to have a detailed plan and schedule for the completion of these issues by July 10, 2002. The City of Fort Collins will reserve the right to start holding building permits if this date is not met. In previous meetings regarding these issues, the James Company has promised to respond and take care of these failures. This has not happened to date. Thank you in advance for your cooperation in this matter, if you have any questions please contact Jeff Baldwin or Lance Newlin at 221-6605. Sincerely, 1 Jeff Baldwin Construction Inspector cc: Merle Bush _tit ti'nrlli CII� :;� :Avrnut, • PO hog, 180 • Furl C ullim, ( 0 80523 0380 • (970) 221-o('05 • PnA (070) ""I o.,7h Cn IN w.dJort-colliI) Co. us Transpo---tion Services Engineering Department City of Fort Collins December 1, 1999 Richard Ray James Company Land Development Manager 2919 Valmont Rd., Suite 204 Boulder, Colorado 80301 Re: Stanton Creek First Filing Dear Mr. Ray; The purpose of this letter is to inform you that the public improvements in the first phase of Stanton Creek to include the streets, curb gutter and walk, and the storm drain lines have been inspected and initially accepted by the City of Fort Collins, pending the normal contractors' warranty period. Please be informed that this letter of acceptance does not relieve the developers or the contractors, owners, or their contractors, of their responsibility for the repair of any damage which may occur as a result of any building construction. Sincerely: , -> �- Jeff Baldwin Construction Inspector 281 North College Avenue • CO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 Transpo. Lion Services Engineering Department City of Fort Collins Patricia Kroetch Project Manager J.R. Engineering, Ltd. 2620 East Prospect Rd. Suite 190 Fort Collins, Colorado 80525 Re: Stanton Creek First Filing, Final Request for Variance from Street Design Criteria Ms. Kroetch: December 18, 1997 This letter is in response to your letter dated December 8, 1997 in which you requested two variances from the City's Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways (the "Criteria"). Each variance request along with the City's response follows: 1.02.03.03 Horizontal Radius In two instances in the proposed development, the minimum allowable centerline radii for horizontal curves are not met. Both St. John Place and Basseterre Place are designed with centerline radii of 165'. while the minimum allowable centerline radius for a residential street is 240' as stated in the Criteria. Because both streets are approaching stop conditions at their intersections with St. Thomas Drive and it is anticipated that speeds will be low around these curves, the variance request is granted. 1.02.03.05 Approach Grades Several of the proposed intersections in this development have approach grades greater than 2% within 50' of the intersections. Because the instances of this condition are somewhat numerous, I will address each instance individually as follows: Antigua Drive approaching Stanton Creek Drive (grade is 2.8% within 50' of the intersection) Because the Criteria is not exceeded by an excessive amount and because the approach is uphill, the variance at this location is granted. _SI \nrth C.)IIenue • t?O. RoN =80 • Fort Col IinS, CO 80;22-07;SO • 07M 227-66fh 2. St. Thomas Drive approaching Stanton Creek Drive (grade is 1.9% at the intersection, but transitions into a vertical curve within 50' of the intersection) Because the Criteria is not exceeded by an excessive amount and because the approach is uphill, the variance at this location is granted. 3. Basseterre Drive approaching Montserrat Drive (grade is 2.5%) Here again, the Criteria is not exceeded by an excessive amount therefore the variance is granted at this intersection. Montserrat Drive approaching Stanton Creek Drive, Basseterre Place and St. John Place (approach grades range from 3% to 8%) The approach grades on Montserrat Drive represent the greatest deviation from the Criteria and will therefore require that some conditions be placed on driveway locations on Montserrat Drive. The requested variance at these intersections is granted provided that driveway access for Lots 47 and 48 be taken off of Stanton Creek Drive and that driveway access for Lots 44 and 51 be taken off of Basseterre Place. In order to comply with these conditions, these access restrictions shall be noted on both the Plat and the Site Plan. The restrictions will also be stipulated in the Development Agreement. Stanton Creek Drive approaching St. Thomas Drive (grade is 4%) Due to constraints resulting from the existing topography and amount of cut and fill at this intersection, the variance request is granted at this location. I hope that I have addressed all of your concerns. If you have any questions, feel free to contact my staff and they will direct your concerns on to me. Sincerely, David Stringer, DeTopn:E�nta view Manager DWS/mjc cc: Jim Postle, Eldon Ward,Steve Olt, Mike Coley JREngineering, Ltd "'I10I' I"t I'rua n•,1 I'd tiullo 19H I nr1 (1, Inv, Cnlnrddi, ri0i°5 (14:0) 191-I)IN4 ,A'„'AA,IICIl4, ,III December 8, 1997 Dave Stringer City of Fort Collins Planning Dept. 281 N. College Ave. Fort Collins, CO 80521 Mr. Stringer: On behalf of James Company, we are requesting two variances in the Stanton Creek First Filing Development. The first variance from City design criteria is the radius of St. John Place and Basseterre Place approaching intersections with St. Thomas Drive. The minimum radius stated in the criteria is 240' and we are proposing a radius of 165'. In both instances the intersections will have stop conditions on St. John Place and Basseterre Place. The smaller radius curves occur near these intersections and traffic will be slowing in anticipation of the stop. The second variance from City design criteria is the approach grades on several streets. The minimum approach grade stated in the criteria is 2% for 50' approaching an intersection. The variance from the criteria is requested due to the existing topography exceeding 8% in many locations, and the desire to minimize extreme cuts and fills. In most cases that the approach grades exceed the criteria, homeowners have several options to access their homes and can avoid the steeper approach grades if desired. The variance is requested in the following locations: I . Antigua Drive approaching Stanton Creek Drive (grade is 2.8% and is less than 50', approach is uphill into the intersection), 2. St. Thomas Drive approaching Stanton Creek Drive (grade is 1.9% but is less than 50', approach is uphill into the intersection), 3. Basseterre Drive approaching Montserrat Drive (grade is 2.5%), 4. Montserrat Drive approaching Stanton Creek Drive, Basseterre Place and St. John Place. This street is at the location of the greatest existing grade (8% to 10%) and without extreme cuts and fills, this situation cannot be avoided. 5. Stanton Creek Drive approaching St. Thomas Drive (grade is 4%). This street is also at a location of existing steep grade (5% to 6%) and as now designed there are cuts of 4.5'. Please call if you have questions. ncere ,, 7 Patricia KroetA, RE. Project Manager to=,N,i Ih Wth SI I, of 0'O( n•on wood l'I an, h h It 704 Forlino W,d nhr"], tihrin�.,1' nµ4ewond, Cnlnrado901 I I Pueblo, C'ul,aado MOOR ... ... I`,'1•IZ1;10')V) . ISVA1)O)) 7' 1'n119 (719) h ?575.1-AAGIL))Sv,-NII�