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HomeMy WebLinkAboutFOSSIL CREEK ESTATES PUD PRELIMINARY - 50 92D - CORRESPONDENCE - APPLICANT COMMUNICATION (2)FOSSIL CREEK PARTNERS October 4, 1993 Mr. Tom Shoemaker Natural Resources Director CITY OF FORT COLLINS 281 N. College Fort Collins, CO 80522-0580 RE: FOSSIL CREEK ESTATES Dear Mr. Shoemaker: With regards to the above referenced project, there are several key issues which I would like to address and resolve prior to my October 25th Planning and Zoning hearing. More specifically, the issues are: 1) Wetlands Mitigation, 2) Open Space/Wetlands Dedication, 3) Sewer and Drainage Easements, and 4) Right -of -Way Accommodation. The following paragraphs summarize these issues and present either questions which I feel the City should answer, or solutions which we consider to be of mutual benefit. 1) Wetlands Mitigation: Based on the latest wetlands survey, as well as the survey performed last year by Cedar Creek, The project contains a total of 1.02 acres of wetlands (excluding the area intended to be dedicated to the City). It is my understanding that we need to create a mitigation plan to counter the effects of the disturbance to the existing wetlands caused by our construction. This is necessary because the total area of wetlands exceeds one acre. With the exception of the area intended to be dedicated to the City of Fort Collins (which will be discussed below), the "upper" wetlands appear to be a result of either overflows or seepage from an existing irrigation ditch. Fossil Creek Partners intend to line the ditch in an attempt to restrict future seepage, and, if successful, should greatly reduce the amount of water "ponding" in the current upper wetland areas. That possibility, coupled with the fact that we are only slightly over the one acre limit, allows me to propose the following mitigation measures. As mentioned, we propose to dedicate over 2.5 acres of wetlands to the City. Although the City has hinted that the acreage would be unusable to us anyway, we believe that there is an obvious benefit to both this area and the existing contiguous wetlands within the Fromme Open Space if the City controlled this area as opposed to keeping it private land. In addition to the land dedication, we propose to direct 363 West Drake 0 Suite 6 0 Fort Collins, Colorado 80526 0 (303) 744-7837 • FAX (303) 722-5843 Y Mr. Tom Shoemaker October 4, 1993 Page Two our drainage flows (both surface and subdrain) into existing and/or new wetlands areas in order to enhance those areas and possibly create new areas which may grow into wetlands over time (as the "upper" wetlands on my property have). The total amount of water entering the Fossil Creek Basin will not change, but we can influence its course. I believe these measures will more than make up for any disturbance which our improvements may cause to the 1.02 acres of wetlands within the project. 2) Open Space/ Wetlands Dedication: As mentioned several times above, it is our desire and intention to dedication approximately 2.55 acres of Wetlands to the City of Fort Collins. I need to know the proper procedure for doing this. We would be willing to execute this title transfer today so long as it is conditional prior to final approval of the project by the City. 3) Sewer and Drainage Easements: You will notice on our preliminary plan that we will need easements through the Fromme Open Space area in order to accommodate some sewage and drainage lines. We will agree to restore any and all disturbed areas to their original, natural condition. As you can see from the plan, the actual encroachment into the open space is minimal. I am prepared to initiate legal descriptions and easeme9t deeds, however, I need to again know the proper procedure for doing this. 4) Right -of -Way Accommodation: Due to several factors, which were primarily requests from the City and the Fire Authority to align and size the entry road as we did, the road right-of-way extends beyond our property boundary. Our initial conversations led me to believe that you would support this as long as it did not disturb any valuable habitat. In addition to that, you mentioned some sort of compensation for the additional land. While I have not had the area in question surveyed, 1 have estimated it to be about .25 acre. In light of the fact that we propose to give the City 2.55 acres of free land, and also considering that we will be spending a great deal of money improving this road and landscaped entrance (that will again be dedicated to the City), we do not feel that we should have to pay for this land which we will be improving to the benefit of the City of Fort Collins. Therefore, we are requesting that you accommodate our proposed plan and allow us, in whatever way proper, to utilize this area for a portion of our entry road right-of-way. Mr. Tom Shoemaker October 4, 1993 Page Three I believe that you and/or your staff will be meeting with other departments on Friday, October 8th for final review. Please call me at your convenience to set up a meeting prior to friday should you feel it necessary to discuss these issues. Thank you for your continued assistance and support. Sincerely, FOSSIL CREEK PARTNERS Carter B. Ewing Managing Partner