Loading...
HomeMy WebLinkAboutHEARTHFIRE PUD SECOND - Filed GC-GENERAL CORRESPONDENCE - 2003-11-06L co July 25, 1997 Brian Shear Shear Engineering Corporation 4836 S. College, Suite 12 Fort Collins, CO 80525 Re: Hearthfire P.U.D., 2nd Filing, plan review Dear Brian: This letter is in response to the District's review of utility plans for the Hearthfire P.U.D., 2nd Filing. I have reviewed the sanitary sewer portion of the design drawings and have found that you have again developed a soundly designed sewer collection system. The only problem that I have found lies in the indication on the drawings that several sewer service lines will be connected directly into collector system manholes. The District does not permit the connection of service lines directly to manholes. Service lines must be connected to the sewer collector lines at locations outside of manholes. In the cases where regular service line connections via tap saddles on collector lines are not practical downstream from the manholes, I would suggest that you consider extending short collector lines upstream from the manholes to accommodate regular tap saddle connections. Such short extensions might be approximately ten feet in length and closed at the upstream ends with plugs. In any event, provided this minor problem with connections in manholes is resolved, 1 will sign approval for the District's Engineering review. qs tiol:nv� ",a nave t�icru.G$erl nrovin�.�.z1v in rpoard to the 1 st Filina. the District can not grant final approval for construction until a contract is in effect between the District and the Project Owner. Please do not hesitate to call me at 407-8161 if there is anything I can do to help expedite the project. Sincerely, /// Michael T. Carr District Engineer P.O. Box 1518 - 2217 Airvray Ave. 03 • Fort Collins, Colorado 80522 Phone (970) 498-0604 • Fax (970) 498-0701 wp...&' 20I92!11 Transportation Services Engineering Department City of Fort Collins December 5, 2000 Mr. Mark Oberschmidt Shear Engineering Corporation 4836 S. college, Suite 12 Fort Collins, Co 80525 RE: Hearthfire PUD, Second Filing Dear Mark, This letter is in response to the variance request dated August 1, 2000 for a variance to the minimum horizontal curve requirements in Table 2 for Batleur Lane. The variance request is granted. A 225 foot curve can be used. Batleur Lane at Country Road 13 shall be a, stop condition, therefore the vehicles approaching this intersection and the curve shall be slowing down and the curve radii does not impact the sight distance of the driver approaching the intersection. No sight distance easements are needed to accommodate the sight distance requirements approaching, entering or exiting this curve. The use of the reduced radius curve also allows the Batleur Lane and County Road 13 intersection to be located further north along County Road 13 than an intersection that would exist with the minimum radius requirement being met. The intersection as located meets corner sight distance and stopping sight distance requirements for the speed of the road. This variance request does not set a precedence or change the application of our design standards in otheir situations. if you have any questions, please contact Sheri Wamhoff at 221-6750. Sincerely, Sheri Wamhoff, PE cc: Steve Olt file 281 Noah ('011Cgc Avonue • P0. Bov 580 • Port Collin,,, CO 80522-0580 • (970) 221-6605 • PAX (970) 221-6378 www_ci.fort-colhris.co.us MARCH & LILEY, P.0 ARTHUR E. MARCH, JR. ATTORNEYS AND COUNSELORS AT LAW LUCIA A LILEY 110 E. OAK STREET ARTHUR E MARCH J. BRADFORD MARCH FORT COLLINS, COLORADO 80524 28B0 908-1981 (W 01 482-4322 Fax (970) 482-5719 December 15, 2000 Paul Eckman Deputy City Attorney 300 LaPorte Avenue Fort Collins, CO 80521 Sheri Wamhoff City Engineering 281 N. College Avenue Fort Collins, CO 80521 Re: Hearthfire P.U.D., 2" Filing, Final, 431-95E Dear Paul and Sheri: In response to the latest resubmittal of the Hearthfire P.U.D., 2"d Filing, Final plan, the Gnginecring Department made the following comment, which Hearthfire, Inc. asked us to investigate: The applicant and developer must address the piece of "old" road right-of-way (ROW) going south from the road bend at Inverness Street and County Road 13. ['his ROW does affect the IIcarthfire PUD Second Filing property. Has the ROW been vacated? Sheri, you explained to me on voice mail that the City's GIS maps showed right-of-way in this location and that you confirmed with a County Right -of -Way Agent that the right-of-way had hcen dedicated by a Road Viewer's Report tiled at Rook R, Page 188 in the Clerk and Recorder's office, and had never been vacated. Our research of the "old" right-of-way indicates that the dedication of this section of right-of- way is ineffective against Hearthfire, Inc. Therefore, it does not affect the Second Filing property nor does it require vacation. We learned from both Jerry White and Charlie Johnson, Right -of -Way Agents for Larimcr County, that Road Viewer's Reports are not indexed in the Clerk and Recorder's grantor/grantee records. This was further confirmed by a review of the title insurance policy covering 1 learthf ire's purchase of the property. Because the dedication was not properly recorded and because o f the absence o f actual physical evidence of a road, there was no notice of the existence of the right-of-way to Hearthfire, Inc., a good -faith subsequent purchaser. We believe these facts lit squarely within the ruling of the Colorado Supreme Court in City of Lakewood v. Mavromatis, 817 P.2d 90 (Colo. 1991). Paul Eckman and Sheri Wamhoff December 15, 2000 Page 2 We are enclosing a copy of Hearthfire Inc.'s title insurance policy and a copy of the Supreme Court case. Please review these documents and call me to discuss your opinion on this matter. If you concur, we believe that the Engineering comment to the Second Piling plan should be removed. Sincerely, MARCH & LILEY, P.C. By: l 'Lucia A. LileY i LAL/jpk Enclosures PC: William Yunker, Hearthfire, Inc. Tom Kennedy, Hearthfire, Inc. Tom Dugan., PineCrest Planning & Design, L.L.C. .Terry White, Larimer County Engineering DEC-13-00 14:53 From:TITLE PLANT FT COLL 9T02265697 T-263 P 02 Job-090 TRANBNATION TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A AMount of In9urance: $ 1,5O9,715.64 Date of Policy= OCTOBER 22, 1997 at 7:00 A.M. 1. Name of Insured: HEARTHFIRE. INC. a Colorado Corporation Policy No.: 6433874 2_ The estate or interest in the land described herein and which is covered by this Policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: HEARTHFIRE, INC. a Colorado Corporation 4. The land refeirred to in this Policy is described as follows: I;SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) DEC-13-00 14:54 Fran:TITLE PLANT FT COLL 9702265697 T-263 P 03 Job-090 TRANSNATION TITLE IN9I77ANCY COMPANY policy No.: 6433874 LEGAL DESCRIPTION PARCEL I: Colorado, being more A tract : land located in the NW1/4 of Section 30, Township 8 worth, Range 68 West of the 6th P. M•, Larimer County, particularly described as follows:as Considering otheaCIO Nth line ot4of a rth go minutes00secondsEastand withion all3bearingsr ng contained herein relative thereto: Commencing at time NW corner of said Section 30, which is trie Tiet to Point of Beginning, gg 00 on the North sio dnfraetract pescribed szncwarranty Deed Orecorded tinaBookWesnt 513 at Page 569 of Larimer County Records; thence along said West line, South 00 degrees 00 minutes 00 seconds East, no 400-00 feet; thence, along the South line of said Dead, North 90 degrees o0 minutes econds East, 400.00 feet; aid Deed, North 00 degrees 00 minutes 00 n 30i seconds a ass East, said 00 feeline,allo�tht90ndegreesr00 minutes 001secondso thence, along the East line of sthe Noth line East, ong to thence 398-41 feet; thence, leaving said North line, South 24 degrees 09 minutes 00 seconds East, 452.03 feet; thence, south 61 degrees 24 minutes 00 seconds East, 500.00 feet; thence, South 37 degrees 37 minutes 00 seconds East, 500.00 feet; -00 feet' thence, South 13 degrees 16 minutes 00 seconds West, thence, South 70 degrees 44 minutes 00 seconds west, 200.00 feet; 520.00 feet thence, North 71 degrees 36 minutes 00 seconds West 520.00 feet; thence, North 60 degrees 11 minutes 00 seconds West, 300.60 feet; thence, North 01 degrees 37 minutes 00 seconds West, 140.00 feet; thence, North 55 degrees 51 minutes 80 seconds West, 1,140.00 o7 thence, along the West line of said Section 30, North 00 deg minutes 3o seconds West, 140.00 feet to the True Point of Beginning, EXCEPTING THEREFPOM the following -described parcel: Commencing at the Nw corner of said Section 30, 450-0o feet to a point thence North 90 degrees 00 minutes 0o seconds East, on the West aide of a tract described in Warranty Deed recorded in Book 513 at Page 569 of Larimer County Records; thence along said West line, South 00 degrees 00 minutes 00 seconds East, 400.00 feet; thence, along the South line of said Deed, North 90 degrees 00 minutes 00 seconds East, 400.00 feet; no minutes 00 thence, along the East line of ointpondtheoNorthOlinerofs psaid Section 30, seconds East, 4C10.00 feet to a Page 2 DEC-1 3-00 14:54 Frum:TITLE PLANT FT COLL ST02265697 T-263 P 04/11 Job-090 TpjWSMTION TITLE INBUPWCE COMPANY Policy No.: 6433874 SCS.RDULR A - continued LEGAL DESCRIPTION said point being the True Point of Beginning, thence along said North line, North 90 degrees 00 minutes 00 seconds East, 90.00 feat; thence, leaving said North line, South 00 degrees 00 minutes 00 seconds Went, 600.00 feet; thence, South 90 degrees 00 minutes 00 seconds West, 180.00 feet; thence, North 00 degrees 00 minutes 00 seconds East, 200.00 feet; es 00 seconds East, thence, North 00 dego.00 feet; thence North 90 grees 00 minutes 00 seconds East, 400.00 feet, County of Larimer, State of Colorado. together with the following described parcel: South line of the Northwest 1/4 of Section 30, 68 West of the Sixth P. M., Larimer County, of the Southeast corner thereof, and run thence Begin at a point on the Township 8 North, Range Colorado, 290 feet West West 1,130 feet; thence North 37 degrees thence North 27 degrees thence South 76 degrees thence South 58 d-egrees thence South 18 degrees thence South 40 degrees thence South 15 degrees Beginning. 48 minutes West 1,140 feet; 55 minutea East 530 feet; 44 minutes East 810 feet; 59 minutes East 570 feet; 27 minutes East 500 feet; 49 minutes East 300 feet; 01 minutes West 200 feet County of Larimer, State of Colorado. PARCEL II: to the Point of A tract of land situated in the CWest t 1/2 of section imer30,ate of Colorado, 8North, Range 68 West of the 6th P.M., begins at the South 1/4 corner of said Section 30 and run thence West 246.90 feet along the South line of the said West 1/2 to a point on the Northeasterly line of County Road No. 52; thence along said Northeasterly line, North 53 degrees 15 minutes 06 seconds West 949.33 feet topoint on the 70 dboundary 181minutesREastrds 508L oe, thence along said boundary line, feet and again North 69 degrees 05 minutes East 205.83 feet and again North 41 degrees 24 minutes East 300.00 feet and again North 06 degrees 38 minutes west 300 fast and again North 45 degrees 30 minutes West 1000.00 feet and again North 46 degrees 05 minutes West 900.00 feet and again North 29 degrees 32 minutes West 382.00 feet to a point on the North line of the SW1/4 of said Section 30; North 38 degrees 10 minutes thence continuing along said boundary line, West 163.31 feet and again North 59 degrees 28 minutes went 246.80 feet page 3 DEC-1 3-00 14:54 From:TITLE PLANT FT COLL 9702265697 T-263 P.05/11 Job-090 TRANSNATION TITi.33 IN917RANCR COMPANY Policy No.; 6433874 8CREDUL9 A - continued LzGAL ASCRIPTION and again North 29 degrees 09 minutae West 180.90 feet and again North 61 degrees 16 minutes Weat 402.35 feet to a point on the West line of the NW1/4 of said Section 30; thence along the West line North 00 degrees 10 minutes West 1887.30 feet more or less to a Point which bears South 140.00 feet from the Northwest corner of said Section 30; thence along the Southerly line of the tract of land described in Book 392 at page 99 of the Larimer County records, South 55 degrees 51 minutes East 1140.00 feet and again South of degrees 37 minutes East 303.60 feet and again South 60 degrees 11 minutes East 520.00 feet and again South 71 degrees 36 minutes East 520.00 feet and again North 70 degrees 44 minutes East 200.00 feet and again North 13 degrees 16 minutes East 200.00 feet to a point on the Southerly line of Cherrywood Acres; thence along said Southerly line, South 28 degrees 30 minutes East 300.00 2 feet and again North 56 degrees 1minutes East 252,00 feet to a point or. the East line of the said West 1/2; thence South 00 degrees 01 minutes West 3914.20 feet along the said East line to the Point of Beginning, EXCEPT that portion platted as Parcel "A" of Richards Lake Subdivision, ALSO 2XCRPT j Beginning at a point which bears West 290.00 feet from the Center 1/4 corner of said Section 30 and run thence West 1130.00 feet; thence North 37 degrees 48 minutes West 1140.00 feet; thence North 27 degrees 55 minutes East 530.00 feet; thence South 76 degrees 44 minutes East 810.00 feet; thence South 58 degrees 59 minutes East 570.00 feet; thence South 18 degrees 27 minutes East 500.00 feet; thence South 40 degrees 49 minutes East 300.00 feet; thence South 15 degrees 03 minutes 45 seconds West 194.86 feet to the Point of Beginning, ALSO EXCEPT; A tract of land located in the NW1/4 of Section 30, Township 0 North, Range 68 West of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the East line of the NW1/4 0£ the said Section 30 as bearing South 00 degrees 00 minutes East and with all bearings contained herein and relative thereto: Tract "A" Commencing at the North 1/4 corner of the said Section 30; thence, along the said East line, and the East line of Cherrywood Acres, a Subdivision recorded with the Larimer County Clerk and Recorder, South 00 degrees 00 minutes East 1366.0 feet to the Southeast corner of Tract 6 of the said Subdivision and the True Point of Beginning of this tract of land. Page 4 )EC-1 3-00 14:55 Fron:TITLE PLANT FT COLL 9702265697 T-263 P 06/11 Jab-090 TRRNSNATION TITLE INSURANCE COMPANY Policy No.: 6433874 20MULE a - continued LEGAL DBOCRIPTION thence, continuing along the property line of the said Subdivision South 56 degrees 12 minutes West 252.0 feet; thence, leaving the said Subdivision, South 34 degrees 12 minutes West 80.0 feet; thence South 35 degrees 00 minutes East 155.0 feet; thence North 69 degrees 41 minutes East 176.3 feet to a point on the aforesaid East line; thence, along the said line, North 00 degrees 00 minutes West 272.6 feet to the True Point of Beginning. ALSO EXCEPT; A tract of land located in the NW1/4 of Section 30, Twnshipb8 North, o more Range 68 West of the 6th P.M., of Larimer County, g particularly described as follows: Considering the East line of the NW1/4 of the Said Section 3o as Deariiay south 00 degrees 00 minutes East, and with all bearings contained herein and relative thereto: Tract ,Ell, a tract: of land which commences at a point on the Fast line of the NW1/4 of the said Section 30, said point being 1638.6 feet South of the North 1/4 corner; thence, continuing along the said East line, South 00 degrees 00 minutes East 1006.8 feet to the Center 1/4 corner of the said Section 30; thence South 00 degrees 00 minutes East 15 feet; thence North 90 degrees 00 minutes West 15 feet; thence North 00 degrees 00 minutes West 15 feet to a point on the South line of the NW1/4 of the said Section 30; thence North 00 degrees 00 minutes West 1001.3 feet to a point which bears South of 6rh69degrees degrees minutes 51 minutes6Eastfeet 16from feetthe to he TRUEtPOINTeOF�ing, thence Not BEGINNING. County of Larimer,, State of Colorado ALSO EXCEPT; A tract of land situate in the South 1/2 of section 30, Township a North, Range 68 West, of the Sixth P.M. City of Fort Collins, County of Larimer, State of Colorado, which, considering the South line of the Southeast 1/4 of said Section 30 as bearing South 89 degrees 56 minutes 43 seconds West, and with all bearings contained herein relative thereto, begins at the South 1/4 corner of said Section 30 and runs thence West 246.90 feet; thence North 53 degrees 15 minutes 06 seconds West 112.02 feet; thence North 403.07 feet to the boundary of Richards Lake; thence along said boundary of Richards Lake North 41 degrees 24 minutes East 300.00 feet, and again North 06 degrees 38 minutes West 300.00 feet, and again North 45 degrees 30 minutes West 1000.00 feet; thence North 21 degrees 00 minutes East 258.85 feet; thence along the are of a non -tangent 480.00 foot radius curve to the left a distance of 751.61 feet, the long chord of which bears North 53 degrees Page 5 DEC-13-00 14:55 Froe:TITLE PLANT FT COLL 9702265697 T-263 P.07/11 Jab-090 T8ANWaTION TITLE INBIIRANCE CCUPANY Policy No.: 6433874 BC =tlLR A - continued LEGAL DROCRIPTION 21 minutes 31 seconds Bast 677.15 feet; thence North 40 degrees 15 minutes East 365.00 feet; thence East 15.00 feet; thence North 89 degrees 50 minutes 20 seconds East 2445.05 feet parallel with the North line of the Southeast 1/4 of said Section 30; thence South 00 degrees 06 minutes 13 seconds West 135.00 feet; thence North 89 degrees 51 minutes 20 seconds East 200.00 feet to the East line of said Southeast 1/4; thence alon saidto East line, Scorner 0oEesaid sSection 06 u30a 13 seconds West thence along the South line of said Southeast 1/4, South 89 degrees 56 minutes 43 seconds, West 2641.06 feet to the Point of Beginning - County of Larimer, State of Colorado Page 6 DEC-13-00 14:55 Fron:TITLE PLANT FT COLL 9TOZ26569T T-263 P 08/11 Jo6-090 T"HONATION TITLE INOURANCY CO"=V Policy No.: 6433874 SCHEDULE B This Policy does not insure against lose or damage by reason of the following: 1, Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3, Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facto which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4, Any lien, or right to a lienfar aervices, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing dietrict. date d The 199622eneral taxes paid, according to tax certificate (EXCEPTIONS 6 Tlu OUGH 20 AFFECT PARCEL I) 6. Reservation of right. of proprietor of any penetrating vein or lode to extract. his ore, 1n iT S. Patent recorded November 1, 1905 in Book 133 at Page 304. (As to Parcels I and 1I) 7. Right of way, whether in fee or easement only, for irrigation ditch, granted to The Mountain Supply Ditch Company by F. C. Grable by instrument recorded September 16, 1905 in Book 171 at Page 586, in which the specific location of the easement is not defined. in 8 fReservinallrom John Curr�ieitoo F. C. Grableand srecorded ervoir }July 31,ghts as ci9051RndDeed k206 at Page 157. 9, Terms, agreements, provisions, conditions and obligations as contained in Deed and Agreement by and between The Mountain Supply Ditch Company and George McGibbon0 at and Ralph McGibbon recorded Augus 71. 10. Oil and gas lease between E. A. Whitaker, Jr. and R. W. Fleming, recorded naain2456 at Phand any greemetsortereststherein orrightstereunder. Page 7 ENuINEERING DEPARTMENT Post Office Box 1190 Fort Collins, Colorado 80522-1190 (970) 498-5700 FAX (970) 498-7986 August 8, 1997 City of Fort Collins/Leanne Harter Re: Hearthfire PUD, 2nd Filing —Final Dear Leanne, I have reviewed this "final" submittal and would like to compliment the applicant and their subcontractors. The materials submitted are high quality and appear to be well thought out and complete. There were a few concerns from my review that I will mention: 1. It was noted that the Drainage Report mentions a 2' bottom width swale with 4:1 side slopes at the end of Pondview Court. The contours on the Master Grading, Drainage, and Erosion Control Plan (Sheet 13) do not indicate a channel there. 2. It seems that there is a need for some silt fence on the down hill side of Grosbeak Court (Sheet 12) along Lots 1-4. 3. As far as I can tell, wie have not received a copy of the wetlands mitigation report by TR Boss. For this and for future reference, we are requesting a copy for our review and use. 4. 1 happen to know that: the phone number in General Note 15 has been changed to (303) 692-3500. 5. The right-of-way shown connecting Bunting Court and County Road 13 is interesting. Is this for a future connection or emergency use with this proposal? 6. The Traffic Impact Study and the plans indicate that there will be a 24' pavement mat and a sidewalk (east side only) on County Road 13, and widening on Douglas Road, as a part of this project. I did not find a typical section and / or plan -profile of these improvement in the plan set. Again, it looks like the City has done a good job in getting the necessary information for a thorough review and that the applicant has supplied a good design and quality information for review. Thank you for the opportunity to comment. If there are questions about these comments, please phone me at 498-5701. Sincerely, Lonnie Sheldon Civil Engineer I cc: File ii:\devrev\pla chk\cities\fcollins\hrth2fi.doc DEC-13-00 14:56 Fram:TITLE PLANT FT COLL 970226569T T-263 P.09/11 Job-090 TRAN92MTIOX TITLE =gURMCR COMPAW Policy No., 6433874 OMMULE B - continued 11. Oil and gas lease between E. A. Whitaker, Jr. and R. W. Fleming, arecorded greementsllorst 11 interests3in Bok therein or73 at rightsage 104, td any hereunder. 12. All grantors interest in all oil, gas and other mineral rights, as reserved by E. A. Whitaker, Jr. in the Deed to Country Club of Fort Collins, recorded nor rights December ,1963 in thereundeBook 1232 at Page 346, and any interest therei 13. Additional Right of Way for County Road No. 54, 20 feet in width as shown on Exemption Plat recorded December 2, 1975 in Hook 1675 at Page 421. 14. Terms, agreements, provisions, conditions and obligations as contained in Easement Agreement and Damage Release by and between rpark oil & ecorded Maya21,zna, and 1985 as Reception No.Jewett and 85023991oxman W. Jewett L. N is. Terms, agreements, provisions, conditions and obligations as contained in Agreement and Release by and between Park Oil & Gas, Inc., and Carolyn E. Jewett and Norman W. Jewett recorded May 21, 1985 as Reception No. 85023992. 16. Terms, agreements, provisions, conditions and obligations as contained in Agreement and Release by and between Park Oil & Gas, Inc., and Norman W. Jewett and Carolyn L. Jewett recorded June 6, 1985 as Reception No. 85027031. 17. Terms, agreements, provisions, conditions and obligations as contained in Agreement and Release by and between Park Oil & Gas, Inc., and Norman W. Jewett and Carolyn L. Jewett recorded June 6, 1985 as Reception No. 85027032. is. Terms, agreements, provisions, conditions and obligations as contained in Easement Agreement and Damage Release by and between Park Oil & Gas, Inc., Norman W. Jewett and Carolyn L. Jewett recorded August 6, 1985 as Reception No. 85038218. 19. Terms, agreements, provisions, conditions and obligations as contained in Fort Collins Field Muddy Unit Agreement recorded November 3, 1981 in Book 190.4 ag351 and Certificate of Unit Enlargement recorded April 26,1997asReception No. 97O25549, 20. Terms, agreements, provisions, conditions and obligations as contained in Letter by and between Norman W. Jewett and Carolyn L. jewett Inc. recordedlMarcheroy and 7, 1985 asatrice Receptioneroy and Park Oil & Gas, No. 85010835. (EXCEPTIONS 21 THROUGH 30 AFFECT PARCEL II) page 8 0EC-13-00 14:56 Froe:TITLE PLANT FT COLL 9702265697 T-263 P 10/11 Job-090 TRANSHATION TITLE INB4RANCY COMPANY policy No.: 6433874 BCHBDCLE a - continued 21. Reservation of right of proprietor of any penetrating vein or lode to extract his are, in U.S. Patent recorded May 11, 1904 in Book 113 at Page 265. 22. Terms, agreements, provisions, conditions and obligations as contained in Contract by and between E.C. Richards, M.A. Tenney,william Lindenmeir, R.Q. Tenny and Overland Pitch & Reservoir Company recorded February 9, 1884 in Book 34 at Page 113_ 23. Right of way for private road and carriage of water as contained in tby and 1920 between in Bookc405natPage Ew11taker, Jr., recorded February 19 24. Undivided 3/25 interest in and to all the oil and gas in and under and that may be produced as conveyed to Jag 2 Babcock in Mineral Deed recorded February 29, 1924 in Bock 487 at Page 285, and any interest therein or rights thereunder. 25. Undivided 2/25 interest in and to all the oil and gas in and under and that may be produced as conveyed to Jas E. Babcock in Mineral Deed therein recorded February ruary 29, 1924 in thereunder k 487 at Page 287, and any interest or 26. All interest in all oil and minerals and mineral rights as reserved by Anna M. Blunck in a Deed recorded February 6, 1932 in Book 622 at Page 31:3, and any interest therein or rights thereunder. 27. Terms, agreements, provisions, conditions and obligations as contained :in Agreement by and between Russell A. Pomeroy and Beatrice C. Pomeroy and Max R. Hoffman recorded August 7, 1985 as Reception No. 85038580. 28. Terms, agreements, provisions, conditions and obligations as contained :in Surface Use Agreement by and between Park Oil and Gas, Inc. and the Estate of Max R. Hoffman, deceased recorded March 3, 1989 as Reception No. 89009351. 29, Lack of a right of access from the land to any open public road, street or '.highway. NOTE: This exception is necessary because it does not appear from the instruments in the office of the Clerk and Recorder of the County in which subject property is situated that any right of access exists to an open public roadway. 30. Terms, agreements, provisions, conditions and obligations as eld containedcate 19977 asrReceptionrNo. 97o25549. Page 9 DEC-13-00 14:56 Fran:TITLE PLANT FT COLL 9TO226569T T-263 P 11/11 Jab-090 TRANSNATION T2TLE INSURANCE COMPANY Policy No.: 9433874 sc=uLE B - continued 31. Deed of Trust from HEAR THFIRE, INC., A COLORAD0 CORPORATION to the Public Trustee of the County of Larimer for the use of COLORADO BUSINESS BANK, N.A_ to secure $1,366,200.00 dated OCTOBER 17, 1997, recorded OCTOBER 21, 1997 as Reception NO. 97069053, NOTE- Assignment of RENTS recorded OCTOBER 21, 1997 as Reception No. 97069054, given in connection with the above Deed of Trust. Page 10 o° ^..! $ .� v '� °' y a n g .% .r v c'�i G u .E 5^ v 9 sw `°_ i So..��tS`� Ey$ y - >+, - > L �3 4eg�.. Q� � �' ° �0g r_ ° m � 5 Tuw., � > W � d 9 ` 'C C 9 N � C Y G L y ¢Y•- O 5io ' •°. b o u v i m = m i Q c w s m m m o V �`o r- F � c � 9 v c a E '+ '.1 � _ � °' � 'a..o n m E 'S :� m o, Y 'm � m - A -G � 3 �^• � - ° _ � r S 3 .e a Y � g >. '_ <�$ 5 5 '� c'i S� °. E$ C .� a b -� c .°. z o" m o 0 3 c s v° � 3- •� _ - LP.3.5jo'! �v .?: �a�Y3r_��rt c a 5"-• � o r s o vF A- 3 a Eta Pa ; o a, �� $. � ❑ E q t � ... m o r c 5 a m v n .E n o a'� c 0.>' 9 Z U W �, ❑ a 3= q '� `m j c v Q c S .; = °' yr $�9 y'-' ^.`1-S �U mca` � a aE❑33v5 nm9Y3y2W� $ 3 w B.- 3 m e m `" n o$" o c$$ s C o °' o o c -m •d v= �` $ = i :.l ov '-'���'E�""�nss o�.m E-%joimc° y a -3�.�o Eo'O ono✓ - o•°�3m �'•� nE�cn `3 "y'Am Ew°° vv� aS� v.�$.^. � 4'3 n �C3 a-CJd�'�� �...za Lo°ovEJ>'pi�cuw �.5 sEa°xa y'3.aT j v% �0.�4 kq `m3C L°�msJ1C J1Z °`'SLG GN�O'° ym..q Tn Spy E. 5 y L -4 -y ° $. h 75 J B o 375 9 2' .9L8j j 2L E E �', _ aN c$ ro;a � a� -'. E 5 c C c_ v m'y ; 9 •e 3� c � °^ u o, o E v O O Z b 5 G y b 29 2L g g L r3 3 5 6 A= O oLw=C 7}T 923C Lrym 6—A �E'COP O� Lpu_ CL CPOUN Na V�� V°3LPa .�Yj Y C. N q .LJ 9 O T C u°i J° C" y N F .� ✓ 'n ?< Y 5 O J i u u i s a.-- :• S CV, pp c E m > 3 m v 'i W a3V vrJ $wyo a �� $$�Jr'a<mioar °'.oti �os._`vV w"F'� v ccc niLmcc=c c E' ` ` c `°d Y q y o x a a.�E� J 9 uTO A'A �iWYS E�'N G�TOE 3`75 �u70u S b :E i m V O 6 �n 'J � d u L O 2 .11 .-. 6� .E .i V '✓ V� 9 3 1 C uYi tJ � 6 6 � P w._ ._ a 05`8�$v�o-ye S Q,�a3c�; '�c E a'.'y mt c`S w5c 92'am �ca9 Wmgga'T_'3 npi= `° �3Ec9 x° nv40Y•,°`, 3,��n��°co3 �.c'�oo °v o.. 2 uoc �a €.�''° __ Y3i°o�oU°offiT odm—"'So I: �.c $vw ysv Ei =.E �°. �' �°`°'aa�8•¢o.��o o --y2 �3s m 3�t S mm'c $ ii Q of Y.� oL 2.5 w m$5 3Jim v E c eo `n" �$$'E; a a �,�m T. �m.�Em'$�m�meo_mB,Yw .9 E8i o b y c 3 o a Y. T' °Eg4'AEGbmz 75 cv$ EdtE o.p "OE `ai o_ L_LL u05in E o' - ,9;vG=i..o3i0�E m3°mm S�n332 �c a :a _c ii.6a c7 m Nc *� ` c� E o-Oa>rJ5 " 0ZVuap E_ (v Va>'N.�>Cob3y s Ly Cu Y °' � eo H o � r 3 m—my v v d' ., c• o .= a s c � F` ' ` o _ a L qq o m oe E�i... €.i3 og �ogo�a.g .c 5c 53s�s� >g°.. oc3ysyaa Ems= �2.�E a- i .ros gEKL �3 5 Ps o.o ay.56 `x `o�<m r>m5 me..5 .. DOE E 2 E<,mn5a=9-m .E . i+ I a y m$ E i_ 'o c 2' �:; �.�i m cs rn v N o c 'n t �y C 3� c C� V$ G q .4 O td N S 9 K L U 3 6 T E T C L L _ Ys gs t ° E a<3.e m yt <S.•'.y88 Ea?i $. .a ,n �.� $c' 3'oF �i ..0 3', �°• o o m m'c o.E PE °Cg ,; ` o - ° c,ca o� vyo a m3g r = C° 72 O •r'] Y] m c O O Oi Y 60 V C d 2? a�i gmm°k` 'SEE m�i°pc50 'E�Jrc WE 4id LN ; E cQ g J N E r m3�� m$d� 3� `9 =v co vme °mac �3� �59rtP9Km22�3°c� c °nd•....°.a yE S„ !2=3�3dg. �` ?a ow EP �E ,� m_ ? m'o a C 8 °am "aSPt E <. m o"d^ = d v 5 w 3 °� 3 - o �' c ;^ T _ c 3 5 .. n E `5� 5 c �.° ; m f� ."'i c '� P c % � �.5 9 ,.. E ESE ? Ei c a o3.-. rJ' $ a�L .3 •, c o'-- E K 3 c�-$ - ,�E43 o c 3 ii E D GL �'� 4dt��KC '1w^JLOVS]n Oj'J m0°'�T.�Eu �.Q GTuq 7wNb9 _ C y 9 L ram" 5 �R 'w .9 v° 3 5.0 t c, n.�°y'm°a�nyam3go5Lb��.�y95 _Oi3ovwa>�3n'S'vso�"m`vmi-�y.d. �3EB 8 5 a^- $m w .F• �3" mo K.+ 3odHC ovso° Eao m`o -E.E gGo : P i `^ c .. ° 5.a $'o �6 .� Gom $• °^s ms�o.'o yrJ -2 m u $ o c E.>7 cvTc3m$E�as [.] CFC y S E60 G o� c e E m3 .c� m L—y9m 5 a or 3 �5D 'v'`d'P v3-_ ..KIPS -nc 5ad 7S a P .. = u� c�'., � c3 ° 5 apL u'�'•., $ �' $� E," '� � S b u °� 9 � L� 2 m C t N O� O C 1J ii ° �' C� i -J 3: � 'SJ ° 2] � V C tC D O �•.. q V m �_y T.>P a 5 �' c_ wo P E "P m a E w m i m" y '� o w °z u °j .5- >o ��.5 ro- ;5.,. �3c ��.�viES'3L� 73 Q9crosj?c.5��8d •.°�. L°p�cc'��.� ��9c^: 'c�SE3Eg E��o5 �+a Lc$°'S �� �� nm=-.ry $'c Pc cnp ••��S'L o9c�^y 'a �9 �9 c5rJvooyp sL��'SS.�a°�$' $. 2g Tv�d� $ ���33,=1 �' �'3 ��.�0 Ec33y3'3 va, '� � g°' ywE c g,�og3$j y8�•�o� t�°'a tact °i eo 0 5 3: v' oawB o y�'�`t, 9' a- o ° $ 3g cEE^,z n _ TV .r$ca �.�"�$ v.$ 9PGg- >- L 9 E c �o » `o c E' 0 3 E v .7 c$ Z s o "8t AE6 75z5t.ti y. me a.gcw� •'">.`�°c a°�°v�.E ate? �rc°O 2 6Ac`6c �Jo�3 Oeo t8n-`m2°g3''e°L'o n'vE�oc.a 3¢av�a ��ic o30_ 29-"ciao _ rg'r ;� �� 3'> am v Z'- c g v''3 3 a °" ° .. °-° ,; •.. �_ i' a, mM v=�. `Ly �% 3 vm""��." t� av�'-•$v i'�� y»w-',3=?`.v y�'�.J E�`°L'' z-°m-° `o �'E$1, y�°y� :�.y5•c. rj ��'c��r5y»55m°����.Ea�a, $!G .2�v. cg cg�ai9 r�3c� r 3ao, ;,`°" r� c 35i F3.'`o�=t' c 25. c nw �iq 9e - 'n a° Fy. a5 Do a$'i cg _ 2a e_E��m �g ���.�Jcery Eo. So L'9wma$-'� �omamym °O1Jc 3 7q�Er8 y xx��,". a.o m'�v °�_ 'i �•rv� a.g 5 y i �'c.c m E$ E S C g E E 5 E e gx o s0 c tow9z3iU .mE Oo rFa9°jOwvv!!rrrpp �$$U°a. vs ysa °mQ°v$2v m9m�c 9 'Lva<a°'38',�T S m �75..5 o$�- Es Eti �$ tm.5 Ja 3 ami 'a� m E� 3v¢5ccg '- o i g - t� y y '> �3 .vl ` L � u O. x `y °• m y 'rJ %� s a ._ H d °w m y c A � L v o° 5� s eo c 3 'o• 3 As.s drovmg._A cmy y=c c.c .e mm3 m�•n vmi .^! me c s cma � c. p'Cro5n5 '• jc v cc °� _ �°10 °.°y'$G y `° 9 aVv s 'e c- m (mil �'^�� ❑gd�.Y.�mc—agcZiJEn�gnc r...c c. .m, c'n��a9o�>vvc�ow 9w?m __ o_- 9 c� d 6 0 °C i 1 O n=? J . ] d H T 'O O� 6' 4 1 '� � a '•O V .� .�_ � 'Z. L m .+ d m 9 n _ :av �npoE3 j5"p v bvov� t6 `°�z `os F. oa-•cOiv Ev ".9 `- VU.�°� '- •.�ja-- Fy. 13 mm t g O °• o.o o L� o - Aa n'S gg .°.Q'Enc��itb3u ajvb �Faeo.a n�wy�v �$ ;�, o"i °c° $ y $•. :a n :a .v. F n 3 o N. ° a> o r c m 75 n � c •.. y @1 y d G t i �° ° � c c rJ y E�' 3 n$ '$ n c. m a o a' OL O� O� n s G� A L V a� � 5 r% :" i N am° •Oj 'O L� n i` � q .� 0 ; � J 5 ot�€oocE a°C' $ �. U m .'� o n m E m C] L a4 c m> Fa. �e U m° a 3' ° 5 �9 m 9 a - d E Q0. ,c c°1 ci 8 c w WE _. _—__ ._-__.___ TL�l _ .-._-_.. .... _. _....... �1. ay .. ,.-.�..�.... .n::mar.-.af. •�:-.: .r..-' February 7, 2001 Project No. 1552-02-97 Sheri Wamhoff City of Fort Collins Engineering Department P.O. Box 580 Ft, Collins, Colorado 80524 Re: Variance Request for Hearthfire P.U.D., Second Filing; Ft. Collins, Colorado Dear Sheri, This letter represents a request for a variance for the centerline slope into the intersection of Bateluer Lane and North County Road 13 as we discussed on Friday October 6, 2000. The following aspects of the design do not meet with current city standards. The centerline slope of the curve at the western end of the road is 2.51% as it enters the intersection. Current City standards require a maximum slope of 2.0% for a distance of 50 feet. This is taken from the section 1.02.03.05— Approach Grades from the City of Fort Collins July 1996 Design and Construction Criteria Standards and Specifications for Streets, Sidewalks, Alleys and other Public Ways- An intersection detail is attached to this letter for your convenience. A copy of this detail is provided with the construction plans as well. We are requesting the variance for the following reasons. The vertical alignment is designed to fit within the limits of the horizontal curves located at the western end of Bateluer Court. This was done to make it easier for construction staking. The proposed slope is only slightly higher than the allowable maximum slope. In addition, the higher slope increases the eye level of the drivers in the car slightly, which will allow a better sight distance to the 90' bend located south of the intersection. The traffic volume on Bateleur Lane will be relatively low. In addition, the posted speed limit will be 25 mph. A stop sign will be provided at the intersection of Bateleur Lane and North County Road 13. We trust that this request will be accepted and the plans approved accordingly. Please call me at (970) 226-5334 if you have any questions. Sincerely, Mark Oberschmidt Shear Engineering Corporation MEO / mo cc: Tom Kennedy; Hearthfire, Inc. Steve Olt; City Planning Cam McNair; City Engineering Tom Dugan, PineCrest Planning and Design 4836 S. College, Suite 12 Ft. Collins, CO 80525 (970) 2265334 Fax (970) 282-0311 www.shearengineering.com HEARTHF PROJECT MEMO: E P.U.D., SECOND FILING To: Hearthfire P.FJ.D., Second Filing project team member From: Brian W. Shear, P.E. Date: 10/ 12/99 Shear Project No: 1552-02-97 Re: Project Elevation Datum 'there are three (3) different elevation datums associated with Hearthfire P.U.D. These are as follows: • Hearthfire P.U.D. main project datum utilized by Merrick with the overall Hearthfire survey. This is the datum that we will want to maintain. The elevation shows up on Merrick's Hearthfire P.U.D. Preliminary Grading Plan. • The Douglas Road datum for Douglas Road by King Surveyors based on a NGS benchmark located on Highway 1. The elevation shows up on King Surveying disk data and hard copy printout of Douglas Road field data. • City datum utilized by Shear and Frederick from City of Fort Collins documented benchmarks. Yet a fourth datum exists relative to Hearthfire P.U.D. The Richards Lake P.U.D. by 111tennountain Engineering. Based on Paul Myer's documented level loop, Intermountain's datum does not meet either NGS or City datum. Based on a previous level loop by Frederick Land Surveying, the Intermountain Engineering datum is 1.525' higher than City of Fort Collins datum. This is not necessarily consistent with the known discrepancy in datum's between the City of Fort Collins and USGS. Based on the complete level loop provided by Paul Meyer (November 28, 1997), the following has been determined. • 3.38' must be added to City datum in order to match the current Hearthfire P.U.D. datum. Therefore, 3.38' must be added to all current County Road 13 plan data which was based on City datum. These revisions will be made now. • 3.00' must be added to NGS datum in order to match the current Hearthfire P.U.D. datum. Therefore, 3.00' must be added to the Douglas Road datum. Plans for Douglas Road will not be adjusted for the datum change. However, a strongly worded note on the cover sheet will be required to address the datum discrepancy. • 1.84' must be added to Intermountain Engineering datum in order to match Richards Lake P.FJ.D. to the current Hearthfire P.U.D. datum_ Therefore, 1.84' must be added to the Richard's Lake P.U.D. elevations (or subtracted from the Hearthfire P.U.D. datum) in order to coordinate Hearthfire P.U.D. with Richards Lake P.U.D. cc: Pam Brubacher Tom Kennedy, Hearthfire, Inc. Bryan Short, Frederick Land Surveying To Dugan, PineCrest Planning and Design 4836 S. Collcge, Suitc 12 Ft. Collins, CO 80525 (970) 226-5334 FAX (970) 282-0311 Cam McNair- Douglas Road ta> SH-1 Page 1 From: Cam McNair To: Mark Peterson Date: 3/11 /02 10:53AM Subject: Douglas Road @ SH-1 Mark, After a couple of meetings with Tom Kennedy, one of the principals and the spokesperson for the Hearthfire development, we have reached agreement on the extent of Hearthfire's contribution to the Douglas Rd @ SH-1 intersection. Hearthfire agrees to pay a total of $66,750.00 toward the necessary improvements to the intersection. That figure represents 25% of the estimated $267,000.00 local share for the improvements. A review of the traffic studies for Hearthfire indicates that this development's impacts, especially on the westbound left -turns and northbound right-tums, can be interpreted as roughly proportional to 25% of the impacts to the Douglas Road approaches to the intersection, over the long-term future. The Hearthfire development agreements will be amended to reflect this settlement. The $66,750 will be paid as follows: $35,000 in a lump -sum payment to the County within 30 days after execution of the Hearthfire 1st Filing development agreement amendment, and the additional $31,750 paid as a surcharge to the remaining 87 building permits in Hearthfire's 1st and 2nd Filings (or $365 per building permit). The $31,750 will be collected by the City and forwarded to the County when requested for funding of the intersection improvements project. An inflation factor will be applied for those building permits that are issued more than a year from now. This contribution will Ibe in addition to Hearthfire's other off -site improvements to Douglas Road, County Road-11, Mountain Vista Drive, and Timberline Road north of International Boulevard. It will also be in addition to payment of the normal City Street Oversizing fees and County Regional Road impact fees. Let me know if you have any questions on this. Cam CC: Dave Stringer; Gary Diede; Matt Baker; Sheri Wamhoff Sheri Wamhoff - Re: Hearthfire 2 Page 1 1 From: Sheri Wamhoff To:"McDaniRD@co.larimer.co.us"@FC1.GWIA Subject: Re: Hearthfire 2 Rusty 1. When is this scheduled for Planning and Zoning? It has not been scheduled at this time. We will have at least one more round of review before it is even considered fro hearing. So at the soonest it would be a couple of months, maybe more depending on where there plans are at. 2. When would you need to get comments from us so that they could be included in your staff report? Are you talking about the Douglas road improvements or Hearthfire 2nd? the Douglas Road portion of work has no hearing - that is a set of plans that goes with the first filing under construction, so once those plans are approved then they can and probably will need to start work in order to keep getting permits out there. If you are speaking of hearthfire 2nd filing - I wouldn't expect to get comments until you have been submitted something to review (plans), but you can provide me with County comments on the connection out to CR13 at anytime. I will let you know when that is scheduled for hearing and when I would definetly need comments by when I know. 3. What position are you all taking on the connection to County Road 13 (I'm pretty sure I know this answer). The citys position on this connection is that we want this connection to occur now rather than later. Providing the ability for the connection was a condition placed by the Engineering department on the preliminary hearing in order to support the project. So we do not feel it is an issue of whether the connection occurs, but when. And the City is saying that we want this connection to occur now. 4. What, if any, improvements is the developer being required to do south of County Rd 13 (Abbotsford and Inverness)? Currently no improvements are being required by the developer. It is felt that the connection will provide a minimal impact on the roads going south. They are satisfying there connection requirements by improving Douglas Road out to Hwy 1. This provides there required connection to an improved arterial street and this is the direction that the traffic study indicated that the majority of the traffic will be going. 5.The TIS that I have, dated July, 1996 shows 20%-25% of the traffic going south on CR 13. It has a note attached to it saying that a significant portion of the traffic will go through the Richard's Lake development to CR 11. Do you have a TIS that shows the change? What change? I will have to look through the file and contact our traffic department to see what we have. I will have to look into the file and see what I can find - I will try get back to you on that by monday. Sheri >>> "Rusty McDaniel" <McDaniRD@co.larimer.co.us> 06/06 5:19 PM >>> Hi Sheri - I was hoping I could get some additional information from you regarding Hearthfire 2. We need to go back to the County Commissioners to answer some questions for them and I was asked to find out the following information: 1. When is this scheduled for Planning and Zoning? 2. When would you need to get comments from us so that they could be included in your staff report? 3. What position are you all taking on the connection to County Road 13 (I'm pretty sure I know this answer). 4. What, if any, improvements is the developer being required to do south of County Rd 13 (Abbotsford and Inverness)? Sheri Wamhoff Re Hearthfire 2 Page 2 5.The TIS that I have, dated July, 1996 shows 20%-25% of the traffic going south on CR 13. It has a note attached to it saying that a significant portion of the traffic will go through the Richard's Lake development to CR 11. Do you have a TIS that shows the change? I think that those are all of the questions - if there are others I'll let you know. Thanks for your help. Rusty FISCHER, BROWN AND GUNN, P.C. 215 West Oak Street, Eighth Floor P.O. Box Q Fort Collins. CO 80522 Telephone: (970) 407-9000 June 28. 2002 Steve Olt, Citv Planner Current Planning Department 291 N. College Ave. Fort Collins, CO 80521 Re: Hearthfire PUD, Second Filing Dear Steve: Fax: (970) 407-1055 Our firm represents The Water Supply and Storage Company (the "Company"). Since about October of 2000, the Company and I have been discussing and negotiating two agreements with I learthtirc, Inc. ("Hcarthtire" ), one to allow discharge of storm water runoff from the Hearthfire N D. Second Filing ("Second Filing") into Richards Lake, a reservoir owned by the Company, and another to provide opportunities for fun ire access and water and sewer service to Company -owned property adjacent to the Second Filing. 'I he issue of water quality is an increasingly difficult and complex issue for reservoir companies and it is this issue which has taken a significant amount of time to understand in the context of the Second Filing. 1 learthtire and its representatives have now met with the full Board of the Company on two separate occasions and at the last meeting, the Board agreed on the basic water quality concepts Which now need to be embodied in the final discharge agreement. We are all now in the process of working together to finalize that language. It is niy understanding that the City has not vet scheduled the Second Filing for a Planning and Zoning Board hearing and that the only remaining issue is the discharge agreement. Given the Steve Olt June 29, 2002 Pagc 2 lengthy discussions which have taken place and the direction of the Board at its last meeting, the Company believes that the exact language of the discharge agreement can be finalized prior to a Planning and Zoning Board hearing on the Second Filing and is comfortable in having the City proceed with scheduling of that hearing. Please call if you have any questions. Sincerely, FISCHER, BROWN AND GUNN, P.C. o By: � lliant R. Fisc PC: Paul Fckman, Deputy City Attorney 1 red Walker. The Water Supply and Storage Company Lucia A. Litey, March, Liley & Olive, P.C. MARCH, LILEY & OLIVE P.0 ATTORNEYS AND COUNSELORS AT LAW LUCIA A LILEV 110 E. OAK STREET, SUITE 200 ART19E MARCH .I. HRAOFORD MARCH FORT COLLINS. COLORADO 80824-2880 081981 ggTHUR E. MARCH, JR. STEWART W. OLIVE 19201 482 4322 Retired 2001 Fex f97014823719 August 28, 2002 Sheri Wamhoff City Engineering Department 281 N. College Ave. Fort Collins, CO 80521 'I raci Downs County Engineering Department 212 West Mountain Ave. Fort Collins, CO 80521 Re: Hearthfire P.U.D., 2nd Filing, #31-95E Dear Sheri and'fraci: VIA HAND DELIVERY VIA HAND DELIVERY In the City's most recent set of Staff Project Review comments dated June 28. 2002, Sheri and Wes Lamarque of the City's Stormwater Utility Department, commented that the relocated outfall for the existing drainage pipe under N. County Road 13 ("NCR li") would require that the developer obtain a drainage easement from the adjacent property owner. In response, our firm and the developer's engineer, Shear Engineering, have investigated the matter further and wish to advise you and the Latimer County Engineering Department of how this issue is being resolved. In order to complete the required improvements to NCR 13, the drainage pipe under NCR I3 will be altered so that its outfall on the east side of NCR 13 will be located approximately thirty feet (30') west of the existing point of outfall. The proposed outfall lies within a thirty- foot (30') wide County road right-of-way dedicated to the public on the plat of Highland Place in 1905 (see the copies enclosed). Because there has never been a road constructed in this stretch of County right-01' way, we contacted Jerry White, Latimer County Land Agent and Carol Evans, Larimcr ('ounly Planning Department, to verify that the right-of-way was still in existence. Both confirmed after researching their records that there is no evidence that the right-of-way had ever been vacated by the Board of County Commissioners. Sheri Wamhoff and Traci Downs August 28, 2002 Pagc 2 We have also confirmed with Shear Engineering that the stormwater flows entering the right-of-way through the drainage pipe will be returned to the historic flow pattern within the right-of-way and prior to entering the adjacent property. Furthermore, because the relocation of the drainage pipe outfall will not alter the quantity, quality or rate of the historic flows across the adjacent property, it is not necessary to obtain a drainage easement from the property owner. The developer will. however, contact the property owner to advise them personally of the changes to be made near his property (c.g. road improvements, drainage pipe extension and grading within the right-of-way to direct the stormwater flows to their historic path). We trust that this explanation is satisfactory to both the City and Comity, and that the City's Staff Project Review comments relative to this issue can be deleted. Sincerely, MARCH, LILY & OLIVE P A. Liley LAI /jpk enclosures cc: Jerry White, Latimer County Engineering Brian Shear, Shear Engineering Corporation Tom Kennedy, Heartirfirc, Inc. Thomas .I. Dugan, PineCrest Planning & Design, L.L.C. I'.AWI'('U.AI AI Icarth I ircIFASLMGN,rS-2nd PILINGACorrespondenceAwainhorr-dowins. Itr.doc Sheri Wamhoff - Re: Hearthfire and CR13 From: "Traci Downs" <tdowns@larimer.org> To: FC'I.CFCPO(SWAMHOFF) Date: 9/3/02 12:26PM Subject: Re: Hearthfire and CR13 Sheri, I did some research on this issue and spoke with Rusty also. Apparently, the County has always been concerned with any increased traffic onto SOLIHibound CR13 toward Gregory Road because this section of road is still witl in the county and maintained by the county. Additional trips would contribute to the increased deterioration of the road, which would necessitate increased maintenance by the County. In addition to the Counb/s maintenance concerns, we are also concerned with the safety aspects of increasing trips onto this section of CR 13 since it has several very tight horizontal curves, a narrow bridge and the intersection with Gregory does not appear to meet typical sight distance standards Also, based on the above concerns and existing conditions of the road, the County does not agree with the City Master Street Plan ths,t indicates that this section of road will be classified as a Minor Collector in the future. Given the background information stated above, the position of the County regarding the connection to CR 13 is that all of the concerns stated above need to be adequately addressed as part of the preliminary approval and final design of the connection to CR 13. Considering our current standards and policies, our department would require all of the internal roads of a subdivision in the GMA to be paved and meet the requirements ,f the LCUASS. An exception to this standard may be for emergency only access roads. 1 hope this addresses your questions and let me know if you have any questions. talk to you soon. traci >>> "Sheri Wamhoff' <SWAMHOFF@fcgov.com> 09/03/02 11:15AM >>> Roxanne and Traci Wasn't sure who I needed to talk to about this - so I will try you both. Some of this is just information, as you may get some calls or questions on it, but I also do have a question on what the County thinks. Hearthfire PUD 2nd filing is going to be going to hearing on Sept 19 in front of our Planning and Zoning Board. This has been a controversial project with many County Residences. Concerns having mostly to do with traffic. Traffic on douglas road and CR13. The preliminary approval for this project (approved in sept 96) required a street connection out to CR13, which we have required them to do. Of course the adj property owners want this to be a future connection not something that happens now The preliminary approval also had a condition that they would need Page 1' Sheri Wamhoff - Re: Hearthfire and CR13 to improve CR13 adjacent to the site with the final plan. They plans show this improvement. At the time this condition was placed on the project the County recommenced that the roadway remain gravel. Since that was in 1996 and things may have changed I was wanting to know what the Countys thoughts on paving this section of road are. Per the plans they will be placing curb gutter and walk on the east side of CR13 from Douglas Rd south to the curve in the road - where it becomes Inverness. This is also the portion that will be paved. The west edge of pavement will remain as is with the existing borrow ditch remaining. If you need more information let me know - Rusty was pretty familiar with this project at one time he may remember it. The sooner I can get this info the better as the planners staff report goes to the printer tomorrow (sorry for the short notice, but I just received it for my review today) and I would like to make sure the info in it is correct. Thanks Sheri CC: "Christie Coleman" <ccoleman@larimer.org>, "Roxann Hayes" <rhayes@larimer.org> Page 2 Sheri Wamhoff Re Heathfire and CR13 From: "Traci Downs" <tdowns@larimer.org> To: FC1 CFCPO(SWAMHOFF) Date: 9/4/02 12:59PM Subject: Re: Hearthfire and CR13 I just dent know why we would have said gravel at the time unless it was only going to be for emergency access. Is this road going to be a main road in and out of 2nd filing? I thought that 2nd F was not final approved or built yet? So if this is true, why is there already a gravel road within a right-of-way? I cant seem to find a copy of these plans for 2nd I of Hearthfire? III keep looking so i can better answer your question on the gravel. I am thinking that it should be paved unless it will only be used for emerg vehicles and will be blocked. >>> "Sheri Wamhoff' <SWAMHOFF@fcgov.com> 09/03/02 01:54PM >>> Traci Thanks for the info - you haven't specifically stated that you want it to remain gravel so .. This was the statement that was in the 1996 staff report for 'nearing, should we keep this statement or does it need to be changed "The road is currently a gravel road and the right-of-way is in the Urban Growth Area. Larimer County has reommended that the roadway remain gravel at this time and that see widening be done to the shoulders in addition to collecting funds from the Developer to be used for future paving_" Just to note and for your information the proposed cross section for CM 3 with this proejct is 28 feet from west edge of pavement to the flowline of the clutter on the east side. So the width of the existing road will not be increased by much. A variance was granted to reduce the width of the road that they were required to build, so they do not have to add any pavement beyond the existing west edge. I don't know whether bike lanes will be striped on one side or both. But the 28 foot would fit the two 12 ft travel lanes and an 8 ft bike lane. I'll keep you informed of this project. Sheri >>> "Traci Downs" <tdowns@larimerorg> 09/03/02 12:25PM >>> Sheri, I did some research on this issue and spoke with Rusty also. Apparently, the County has always been concerned with any increased traffic onto southbound CR13 toward Gregory Road because this section of road is still within the county and maintained by the county. Additional trips would contribute to the increased deterioration of the road, which would necessitate increased maintenance by the County. In addition to the Countys maintenance concerns, we are also concerned with the safety aspects of increasing trips onto this section of CR 13 since it has several very tight horizontal curves, a narrow bridge and the intersection with Gregory does not appear to meet typical sight Page 1 ', TO: Gary Diede, Director of Transportation Operations Transportation Services, City of Fort Collins FROM: The NorthEast Neighborhood Coalition (NENC) SUBJECT: Hearthfire PUD street Connection to County Road 13 DATE: May 16, 2000 Some years ago, we approached the City of Fort Collins with concerns regarding the Hearthfire PUD, a City subdivision surrounded by County residences of 2 to 20 acres. The original project design was for the main Hearthfire entrance to be located at the comer of CORd13 and Inverness. This created great concern in our neighborhood, as "cut through" traffic on CoRd13, Inverness, Abbotsford, Richards Lake and Gregory Road was already a problem. These roads are mainly small, gravel County roads which were never designed to carry large traffic volumes. There are dangerous, sharp curves, restricted line -of -sights, areas with poor drainage, and two bridges over irrigation drainages/canals. These roads have been the frequent scene of numerous accidents. After prolonged negotiations with the Hearthfire developer and the City we reached agreement on our request to relocate the main Hearthfire entrance to Douglas Road, and the subdivision was approved. In addition, the developer agreed to certain improvements to Douglas Road and the intersection of Douglas Rd and Colo State HWY 1. An emergency access was created at the intersection of CORdl3 and Invemess to satisfy the City requirement of two access points for the development. In addition, another Hearthfire access through the proposed Richards Lake PUD to the cast served to satisfy this City requirement. Since then, we have felt that this particular traffic problem was satisfactorily resolved. Unfortunately, a week ago we teamed that the City of Fort Collins has requested the Hearthfire developer to make a street connection to CoRd13. Once more, we are faced with the prospect of an estimated 2376 vehicle trips/day using our neighborhood roads as a "cut through". Our understanding is that the City feels this street connection is necessary to provide "connectivity". A number of our members were regular participants at virtually every opportunity for public input during the formation of City Plan. We feel that we are knowledgeable concerning this concept of ..connectivity", and believe it to be valid in an urban setting. However, we feel that the attempt to methodically apply this concept to every subdivision indicates a lack of concem/knowledge about the particular, unique characteristics of our neighborhood and a disregard for flexibility. This attitude may be further complicated by the unfamiliarity of the present City staff with the significant events which occurred during the approval process of the Hearthfire PUD. Our neighborhood has no employment, shopping, recreation or public services with which Hearthfire residents might "connect". We welcome and are happy to have the present trail access from Hearthfire to --connect' bikes, pedestrians and equestrians to our neighborhood. But, no neighborhood needs more motorists passing through it. Another consideration concerning the perceived need for "connectivity" is that it is very doubtful that our area (the Highland Place Subdivision) will ever become "urbanized". Despite our location Sheri Wamhoff - Re: Hem thfire and CR13 .............. Page 2 distance standards. Also, based on the above concerns and existing conditions of the road, the County does not agree with the City Master Street Plan thet indicates that this section of road will be classified as a Minor Collector in the future. Given the background information stated above, the position of the County regarding the connection to CR 13 is that all of the concerns stated above need to be adequately addressed as part of the preliminary approval and final design of the connection to CR 13. Considering our current standards and policies, our department would require all of the internal roads of a subdivision in the GMA to be paved and meet the requirements of the LCUASS. An exception to this standard may be for emergency only access roads. I hope this addresses your questions and let me know if you have any questions. talk to you soon. traci >>> "Sheri Wamhoff<SWAMHOFF@fcgov.com> 09/03/02 11:15AM >>> Roxanne and Traci Wasn't sure who I needed to talk to about this - so I will try you both. Some of this is just information, as you may get some calls or questions on it. but I also do have a question on what the County thinks. Hearthfire PUD 2nd filing is going to be going to hearing on Sept 19 in front of our Planning and Zoning Board. This has been a controversial project with many County Residences. Concerns having mostly to do with traffic. Traffic on douglas road and CR13. The preliminary approval for this project (approved in sept 96) required a street connection out to CR13, which we have required them to do. Of course the adj property owners want this to be a future connection not something that happens now. The preliminary approval also had a condition that they would need to improve CR13 adjacent to the site with the final plan. They plans show this improvement. At the time this condition was placed on the project the County recommenced that the roadway remain gravel. Since that was in 1996 and things may have changed I was wanting to know what the Countys thoughts on paving this section of road are. Per the plans they will be placing Sheri Wamhoff - Re: Hearthfire and CR13 Page 3 curb gutter and walk on the east side of CR13 from Douglas Rd south to the curve in the road - where it becomes Inverness. This is also the portion that will be paved. The west edge of pavement will remain as is with the existing borrow ditch remaining. If you need more information let me know - Rusty was pretty familiar with this project at one time he may remember it. The sooner I can get this info the better as the planners staff report goes to the printer tomorrow (sorry for the short notice, but I just received it for my review today) and I would like to make sure the info in it is correct. Thanks Sheri MARCH. LILEY & OLIVE P.0 ATTORNEYS AND COUNSELORS AT LAW ART1111 E MA.RCI _1CA A LILLV 110E. JAKST4HT. SJCE _oa _. t9ae-193, 1 3R10FORh M1SC1 =ORT LOLLNS. 80'_ORACO 90521-83C ARTHLR L MARCH. JR STEWART '.V i:L—E 97O1182 432= I.,"d20o. in 9TC482 5i19 September 10. 2002 Traci Downs County Fngineering Department t'_ 'A est Mountain Avenue Fort Collins. CO 805'_I Rc: Hearthtire P.L.D.. '_2"' Filing. 431-95E Dear Traci: This letter is in follow up to my August 28. 2003 letter to you and Sheri Wamhoff. Based ou the existence of public right-of=wey dedicated on the Highland Place plat and confirmed by representatives of the Countv's Engineering and Planning Departments, and based upon engineering data provided by the Shcar Engineering Corporation. it is my opinion that the location of the drainage pipe outfall and conveyance of the historic stormwater runoff through the right-ot-way is legally permissible. In further support of this opinion. Shear h:nginccrim� Corporation advises that the drainage pipe has been in place under NCRL3 (within the right-of-v aN) for many }ears for the purpose of convening stormwater runoff'. and that its new outtitll location within the right-of-way will not alter the quantity, quality or rate of the stormwater runoff t1mxs that have historically flowed through this right-of-way. It is common practice in Fort Collins. Loveland_ Latimer County and Weld County to use road right-of-wav to accommodate and convey historic stormwater flows with the use of drainage pipes. roadside swalcs and/or curb and ;utter. Since this right-oF-wav has historically been used for this purpose_ and the historic flows remain unaltered, there is no legal reason not to continue this use. Please contact me if you need further information. Thank you. BN LALikk Sincerely. Pc: Jerry White, Latimer County Engineering Sheri Wamhoff, City Engineering Department fom Kennedy, Hearthtire. Inc. Brian Shear, Shcar Engineering Corporation Sheri Wamhoff - Memo for Planning and Zoning Board Page 1 From: <Bschmidtmag@cs.com> To: FC1.CFCPO(SOLT) Date: 9/11/02 5:13AM Subject: Memo for Planning and Zoning Board Steve, I was told that you would be able to forward this to P&Z members before the Friday work :session. Let me know if I should be doing something differently, Thanks, Brigitte Dear Planning and Zoning Board members: As you review the Hearthfire Second Filing project in this Friday's work session I am hoping that you will be able to review information in response to the questions listed below. The unique nature of this project with the blending of ruraUurban lifestyles and city/county policies within infrastructure constraints requires innovative administration. The Northeast Neighborhood Coalition representing the residents of the area will be requesting that you consider holding road improvement dollars for road improvements along County Road 13 in escrow until such time as the entire stretch of road can be maintained in a safe fashion. We will supply substantiating information for such a request at the September 19th meeting. Questions? At what point will Inverness Road will be annexed into the City?arpi At what point will Inverness/Abbotsford Road be improved? w;'111 --k; a<v Are there any development opportunities along Inverness, Richard's Lake and Abbotsford to finance any improvements? Will the City need to pay for these improvements? How —community choices, possibly? Has there been a recent traffic count on the Cty Rd 13/lnvemess/Abbotsford route? One of the County "triggers" for improvement past dust mitigation is 300/400 ADT. What if that number is reached with no funding for improvements? What improvements will be needed to the Gregory Rd/Abbotsford intersection? Thank you for your time and consideration. Brigitte Schmidt for the Northeast Neighborhood Coalition ',\� dzv o r 9.0o T)� uz\`7 b mr,rCR£ST September 24, 2002 Cameron Gloss Current Planning Director City of Fort Collins VIA HAND DELIVERY 281 N. College Ave. Fort Collins, CO 80521 Re: Hearthfire P.U.D., 2"a Filing, #31-95E Dear Cameron: Although Hearthfire, Inc., the developer of the Hearthfire P.U.D., 2"' Filing, desires that this matter be heard by the Planning and Zoning Board ("Board") as soon as possible, it does not believe that it will be possible to obtain all of the information requested by the Board in time for the October 17, 2002 hearing. I request, therefore, that the continuance of the Board's consideration of the Hearthfire, P.U.D., 2"d Filing to October 17`f' be further continued to November 7, 2002. It has been difficult to find a time when all of the affected parties are available, so we are now in the process of trying to schedule a meeting early in the week of October 7"'. Please contact me if you have any questions. Sincerely, Planning & Design LLC By: PC: Steve Olt, Staff Project Planner Paul Eckman, Deputy City Attorney Cam McNair, Director of City Engineering Ward Stanford, City Engineering Department Sheri Wamhoff, City Engineering Department Matt Balser, City Street Oversizing T'om Kennedy, Hearthfire, Inc. Matt Del ich, Traffic Engineer VA""ing & Desig» LLC 4225 Westshore Way Fort Collins, CO 80525 (970) 226-1655 • (970) 226-1635 fax LCa - Re: Just curious about z:+-—oK� From: Sheri Wamhoff To: "tdowns@larimer.org".GWIA.FC1 Date: 9/27/02 9:21 AM Subject: Re: Just curious about Hearthfire Hearing Outcome? Hi Traci Don't know when you sent this - we have not been able to receive or send email outside of the City for several days, so you may have already gotten some info about this since Cam Mc Nair said he talked to Mar6 last night. Here is the answers to your questions. o I would like to extend an invitation to the County to send a representative to attend the Planning an ✓I Zoning Board meeting (currently it looks like the hearing date will be Thursday Nov 7). i \\\The county road drainage stuff did not come up. They actually didn't even talk about the drainage. Lucias office has asked for a copy of the memo that Rusty gave me. I wanted to check with you before I sent it so see if that was okay. I just didn't know how to treat it since the copy I have isn't addressed to anybody and we don't know if it was actually sent out or not. I have looked thru our files and I don't have a record of the letter. i To answer Marc questions: In accordance with the amended development agreement for Hearthfire 1st filing the developer gave the City money for the Douglas Road improvements. The City plans on g the interim Douglas Road improvements at the same time that the interim improvement to CFI 13�between Mountain Vista and Douglas Road are done. The plan is to do this next year. The Doug as Road plans that were approved are for the improvements to go to the East. The hearing. There were only two people from the neighborhood that spoke. Bridget Schmidt for the northeast neighborhood coalition and Jewet. _ There was a lot of discussion about improvements in the area, what would be improved, what wouldn't be improved, timing of the improvements, how the roads not identified as being improved with this development would be improved. The board did not seem inclined to support the northeast neighborhood coalitions request to delay the CR 13 improvements as they were very concerned about the fact that the Douglas Road improvements had not yet been completed. A motion for approval was made and that failed with a 4 to 2 vote. They then talked about it a while and voted to continue the project and asked for additional information. They want copies of all the previous traffic studies and that a new updated traffic study be done looking at inverness, CR11, CR 13, Douglas Road, and Hwy 1. They also asked for more information on the timing of the Douglas Road/ CR 11 interim improvements, how and when the remaining portion of Douglas Rd and Inverness and Abbottsford would be improved. They also asked to have County input on this project. dI) The Developer is required to contribute funds to the Hwy 1/ Douglas Road intersection. In accordance with the amended development agreement the Developer agreed to make a lump sum payment of $35,000 to Larimer County by May 4th of this year. They will also be paying an additional amount per building permit that the City will collect and promptly deliver to the County where in accordance with our agreement is to be pllaced in a reserve account and used solely for improvement to this intersection. If you haven't received the $35,000 please let us know. Improvements associated with this site at this point in time (realizing that the 2nd filing has not yet been approved) are: Douglas Road from Hearthfire Way to CR 11 interim 36 feet of pavement (This improvement was required of the 1 st filing and will occur regardless of the outcome of the 2nd filing) (this improvement does go a distance west beyond Hearthfire Way to accommodate the transitions for the left turn bay and a right turn lane), [—Cat Nair - Just curious a CR 13 from the south end at the intersection with inverness to Douglas Road - 30 feet of pavement including curb, gutter and walk on the east side, this also includes some paving at the intersection of Douglas Road and CR. 13. Any improvements to Hwy 1 and Douglas Road would be per planed County or CDOT project. Speaking of this intersection - what improvements are planned and what is the timing of that. The Planning and Zoning Board asked about that and I didn't have the answer. We had looked at the 4 alternatives, but I do riot know what the final decision for this intersection was. Any information about the plans and timing of inlersection improvements would be helpful. Let me know if you have any other questions. Sheri >>> "Traci Downs" <tdowns@larimer.org> 09/26/02 02:26PM >>> Hi Sheri - I am sending this to our access and utility coordinator too since he got a call from someone asking about this area i did not have all the recent answers so ill ask a few for him too? :> My question is - what ended up happening in that hearing with the connection out to the CR? Were there LOTS of people there to complain? Rusty said you stopped by to pick up the info. Did the county road drainage stuff come LIP that Lucia was working on? Hope it went ok for you! Mares questions were... Is the developer definitely making Douglas improvements to the east now to the next CR 11? Are they still required to contribute to Hwy 1./ Doug rd intersection impvmnts? SO does this mean that no improvements are happening between the intersection and the site now? Thanks for the update. td CC: "mlyons@larimer.org".GWIA.FC1; Cam McNair, Dave Stringer From: "Marc Engemoen" <mengemoen@larimer.org> To: "Mark Peterson" <mpeterson@larimer.org> Date: 10/30/02 8:38AM Subject: Re: Hearthfire PUD, 2nd Filing - CR13 Impacts Cam, I guess this is just one of those situations where the City and County will have to agree to disagree. I continue to be dismayed that the concerns expressed by residents on Abbotsford and Inverness are viewed as too "minor" by the City to address. Marc >>> "Cam McNair" <CMCNAIR@fcgov.com> 10/29/02 05:19PM >>> I asked our staff to comment on the County's most recent proposal for attempting to minimize Hearthfire traffic on CR13/Inverness/Abbotsford. This proposal would involve creating a one-way segment on CR13, northbound only, from Bateleur Lane (future street within Hearthfire) to Douglas Road. I thought it best to summarize our City staffs position on this idea in writing. City Transportation and PFA staffs are not in favor of this proposal, and would recommend against it for the following reasons: --- One-way streets need to work together in pairs. Also, without a pair of streets, there is little chance that the one-way street will be obeyed by the public (along with a good chance that there will be little or no enforcement), and thereby creating a safety hazard. --- Doing the one-way will probably prompt some motorists to utilize Country Club Drive to get back to Lemay. We already know the Country Club residents' sentiments about these projects, and their concerns for increased traffic on Country Club. We think it will just shift the debate, not resolve it. --- Converting a roadway to a one-way street should be done for the appropriate reasons, not due to one development and the minor traffic caused by that development. There are other users of CR13 besides Hearthfire residents. The traffic rthat currently uses this road are county residents, many of Whom cross Douglas from County Road 13 to the North, as well as those traveling west on Douglas and turning off onto 13/Abbortsford. --- To close this road to two-way traffic would be a great disservice to the residents living along this road, for access by emegency services, and would most likely be violated by many of the residents and others wanting to go south. --- The one-way proposal would eliminate a number of secondary points of access and force emergency vehicles to drive a long way around to get into the neighborhood. Also, PFA doesn't like to go against traffic. Charging down a one-way county road is not a good, safe practice. --- Having a one-way street to protect the neighborhood does not F Cam iA Nair - Rei Hearthfire PUD, 2nd Filing - CR seem like a good thing to do, and it would be very difficult to change it back in the future. We understand County staffs purpose in making this proposal is to attempt to lessen the impacts of the development on the existing County residents along CR13/'Inverness/Abbotsford. Mark Peterson's letter of October 22, 2002, expresses those concerns very well. We also recently entertained another suggestion - to escrow the funds for making the improvements on CR13 and the connection of Bateleur Lane to CR13. City staff believes that making this connection with the development is important for providing connectivity and travel choices, as well as for providing multiple access points for emergency services. I realize that there are differing viewpoints and concerns between the County and City staffs, with respect to the off -site improvements being built and paid for by the Hearthfire development. Further discussions will occur at the P&Z Work Session on Friday afternoon, November 1st, probably at or after 1:15 PM. The formal hearing on the project is scheduled for Monday evening, November 4th, after 6:30 PM. Cam McNair, PE City Engineer 281 North College Avenue Fort Collins, CO 80522-0580 Phone:970-221-6605 Fax: 970-221-6378 E-mail: cmcnair@fcgov.com CC: FCI.TRANS_SVC(GDIEDE),FC1.CFCPO(ebracke,cgloss) Sheri W&mhoff - NENC response to road discussion Page 1 From: <Bschmidtmag@cs.com> To: FC 1. CFCPO(CMCNAI R), FC 1.GW IA("mpeterson@larimer.org","lal@frii.com","mengem oen@larimer.org") Date: 10131 /02 4:38 P M Subject: NENC response to road discussion Dear Mr. McNair, I received a copy of your reply to Marc Engemeon's suggestion and wish to respond to certain points. The County has been trying to work with the residents to find a solution to this problem. One of our suggestions to the County was to cul de sac Inverness Road on the east end. CR 13 could still remain two way. As you pointed out there are pros and cons to any version of this idea. The neighborhood's key point remains that there is no valid reason to provide connectivity onto Inverness Road at this time. 1 would like to address some of your comments more directly. My comments are highlighted by " following your specific comments. - Doing the one-way will probably prompt some motorists to utilize Country Club Drive to get back to Lemay. We already know the Country Club residents' sentiments about these projects, and their concerns for increased traffic on Country Club. We think it will just shift the debate, not resolve it. " Your comment to me in our phone conversation was that this connectivity would only create an increase of about 2 cars per hour according to the recent traffic study. I feel that this would hardly be noticed on Country Club which is already a paved road and has no dust problems. So you must feel the traffic will be substantially greater than 2 cars per hour if it will cause residents of Country Club to complain. Obviously the complaints of the citizens of Inverness and Abbottsford do not hold as much sway. --- Converting a roadway to a one-way street should be done for the appropriate reasons, not due to one development and the minor traffic caused by that development. There are other users of CR13 besides Hearthfire residents The traffic rthat currently uses this road are county residents, many of Whom cross Douglas from County Road 13 to the North, as well as those traveling west on Douglas and turning off onto 13/Abbortsford. "Connectivity should be done for greater reasons than the convenience of one development. County residents north of Douglas can stay on Douglas or go east as you suppose many of the Hearthfire residents will do. Obviously if it is not a convenient choice for residents north of Douglas, it will not be for the residents of Hearthfire either, especially once the roads are connected. -- The one-way proposal would eliminate a number of secondary points of access and force emergency vehicles to drive a long way around to get into the neighborhood "' All emergency points of access to our neighborhood are from the south. The fire station is on Country Club Road and the ambulance would most likely come up Lemay. The emergency entrance to Hearthfire could be maintained. The present narrow configuration of Inverness Rd with soft shoulders essentially makes it a one way street for the purposes of school buses and fire trucks. within the Urban Growi:h Area. we are aware that consideration has been given to removing our area from the UGA. Apparently. much of the area would require a pump station to be served by public sewer, relegating most residences here to the use of septic systems; and therefore excluding the area from inclusion into the Fort Collins City limits. The result being that the character of our area will likelv remain semi -rural with "horse property" as the most common real estate use, and a total number of approximately 30+ residences. Obviously, there would be little benefit toanyone to -connect" a City subdivision of 200+ residences to this semi -rural area. The Hearthfire residents would gain little, and our neighborhood would suffer significant losses. In effect, the City would be sanctioning the use of our neighborhood roads for "cut through" traffic. It would seem that the best alternative for the Hearthfire PUD would be to route the majority of vehicle traffic onto roads such as Douglas Road, State HWY 1, and CoRdl 1, which can be improved to handle the expected traffic volume. In fact, this is presently the case. However, if the Hearthfire street connection to CoRd 13, proposed by the City, is made, major re -design of the existing roads would be needed to obtain a safe road capable of handling the proposed traffic volume. We would like to stress that although the City has repeatedly proposed paving of our neighborhood roads, we do not feet that this would be a solution. Instead, we believe that this would only make these roads even more dangerous than they are now. If the City insists that this connection must be made (for whatever reason) we would expect that it must be accompanied by major re -design of these roads. A responsibility that the City must assume, not the County. Years ago, the traffic issue was perhaps one of the most significant issues which galvanized this, neighborhood; and resulted in a great deal of time and effort on the part of a number of residents to educate ourselves and become more involved in a variety of City and County issues. This involvement has grown and we are fully committed to continuing our participation in both City and County affairs. We hope that you would give serious consideration to our concerns, and demonstrate that City Plan can be flexible and truly acknowledge the special character of our Countv subdivision as a part of the larger community. For vour information, we have enclosed some copies of past letters from Larimer County, expressing concerns about increased traffic generated by City subdivisions on County roads. In addition, a quick survey of our neighborhood revealed that every resident contacted opposed the proposed Hearthfire Pt street connection to CORdl3. Please feel free to contact us if you have questions or comments. Sincerely, Kathleen Kilkel 920 Inverness Rd Ft. Collins, CO 80524 493-7958 Margaret Phillips 805 E. Ridgecrest Rd Ft. Collins, CO 80524 224-4722 The NorthEast Neighborhood Coalition (NENC) 932 Inverness Rd Ft. Collins, CO 80524 224-9418 Sheri Wamhoff - NENC response to road discussion Page 2 I We also recently entertained another suggestion - to escrow the funds for making the improvements on CR13 and the connection of Bateleur Lane to CR13. City staff believes that making this connection with the development is important for providing connectivity and travel choices, as well as for providing multiple access points for emergency services. **As I mentioned above, there is an emergency access to Hearthfire now, there is access from Douglas Road and will be from County Road 11 shortly. The emergency access is available through Inverness at this time. I do not believe the connectivity would increase emergency access since it will run parallel to the existing emergency access. Again, the impact of travel choices must be much greater than 2 per hour to cause the need for the connectivity at this time. **I feel the neighborhood frustration comes from the fact that (excuse the expression) we feel you are talking out of both sides of your mouth on this issue. First -don't worry, the traffic will be so minimal it will not create a problem. But if we don't have this connectivity there will be many traffic problems elsewhere. Our feeling is that if this connectivity is so important to preserve traffic flow, it must be more than 2 cars an hour and it WILL create problems on unimproved roads. We certainly recognize: and respect that the City has its policies. However, this is a fringe development in an area that may never develop to urban standards There are existing roads with greater hope for future improvement (Douglas and County Road 11) and it would be wiser to direct traffic and any incoming funds from developers to these roadways. It might then be best to take a more proactive stance for what will serve the entire area, not just apply the policies that work in urban areas. We do hope you will give the language of the original approval the credence it deserves. .."a local street connection could be constructed in the future when traffic volumes and surrounding development make it necessary to provide neighborhood connectivity." Allow the developer to obtain the right of way and do the connection at the time it is truly needed and when the surrounding roads have been improved to the point they can handle the increased traffic safely. Thank you, Brigitte Schmidt NorthEast Neighborhood Coalition CC: FC1,CFCPO(cgloss, ebracke),FC1.TRANS_SVC(GDIEDE) Dave Stringer - NENC response to road discussion Page 1 From: <Bschmidtmag@cs.com> To: FC'1 CFCPO(CMCNAIR),FC1.GWIA("mpeterson@larimer.org","lal@frii.com","mengem oen@larimer.org") Date: 10/31/02 4:38PM Subject: NENC response to road discussion Dear Mr McNair, I received a copy of your reply to Marc Engemeon's suggestion and wish to respond to certain points. The County has been trying to work with the residents to find a solution to this problem One of our suggestions to the County was to cul de sac Inverness Road on the east end. CR 13 could still remain two way. As you pointed out there are pros and cons to any version of this idea The neighborhood's key point remains that there is no valid reason to provide connectivity onto Inverness Road at this time. I would like to address some of your comments more directly. My comments are highlighted by ** following your specific comments. - Doing the one-way will probably prompt some motorists to utilize Country Club Drive to get back to Lemay. We already know the Country Club residents' sentiments about these projects, and their concerns for increased traffic on Country Club. We think it will just shift the debate, not resolve it. ** Your comment to me in our phone conversation was that this connectivity would only create an increase of about 2 cars per hour according to the recent traffic study. I feel that this would hardly be noticed on Country Club which is already a paved road and has no dust problems. So you must feel the traffic will be substantially greater than 2 cars per hour if it will cause residents of Country Club to complain. Obviously the complaints of the citizens of Inverness and Abbottsford do not hold as much sway. --- Converting a roadway to a one-way street should be done for the appropriate reasons, not due to one development and the minor traffic caused by that development. There are other users of CR13 besides Hearthfire residents. The traffic rthat currently uses this road are county residents, many of Whom cross Douglas from County Road 13 to the North, as well as those traveling west on Douglas and turning off onto 13/Abbortsford **Connectivity should be done for greater reasons than the convenience of one development. County residents north of Douglas can stay on Douglas or go east as you suppose many of the Hearthfire residents will do. Obviously if it is not a convenient choice for residents north of Douglas, it will not be for the residents of Hearthfire either, especially once the roads are connected. --- The one-way proposal would eliminate a number of secondary points of access and force emergency vehicles to drive a long way around to get into the neighborhood " All emergency points of access to our neighborhood are from the south. The fire station is on Country Club Road and the ambulance would most likely come up Lemay. The emergency entrance to Hearthfire could be maintained. The oresent narrow configuration of Inverness Rd with soft shoulders essentially makes it a one way street for the purposes of school buses and fire trucks. Dave Stringer - NENC response to road discussion Page 2 We also recently entertained another suggestion - to escrow the funds for making the improvements on CR13 and the connection of Bateleur Lane to CR13 City staff believes that making this connection with the development is important for providing connectivity and travel choices, as well as for providing multiple access points for emergency services. -As I mentioned above, there is an emergency access to Hearthfire now, there is access from Douglas Road and will be from County Road 11 shortly. The emergency access is available through Inverness at this time. I do not believe the connectivity would increase emergency access since it will run parallel to the existing emergency access. Again, the impact of travel choices must be much greater than 2 per hour to cause the need for the connectivity at this time. "I feel the neighborhood frustration comes from the fact that (excuse the expression) we feel you are talking out of both sides of your mouth on this issue. First -don't worry, the traffic will be so minimal it will not create a problem But if we don't have this connectivity there will be many traffic problems elsewhere- Our feeling is that if this connectivity is so important to preserve traffic flow, it must be more than 2 cars an hour and it WILL create problems on unimproved roads. We certainly recognize and respect that the City has its policies. However, this is a fringe development in an area that may never develop to urban standards. There are existing roads with greater hope for future improvement (Douglas and County Road 11) and it would be wiser to direct traffic and any incoming funds from developers to these roadways. It might then be best to take a more proactive stance for what will serve the entire area, not just apply the policies that work in urban areas. We do hope you will give the language of the original approval the credence it deserves. ..."a local street connection could be constructed in the future when traffic volumes and surrounding development make it necessary to provide neighborhood connec:tivity." Allow the developer to obtain the right of way and do the connection at the time it is truly needed and when the surrounding roads have been improved to the point they can handle the increased traffic safely. Thank you, Brigitte Schmidt North East Neighborhood Coalition CC: FC1.CFCPO(cgloss,ebracke),FC1 TRANS_SVC(GDIEDE) T'1NSCREST February d, 2003 Mr. Steve Olt Citv of Fort Collins Planning Department P.O. Box 580 281 N. College Ave Fort Collins, Colorado 80522-0580 R17 Hearthlire P.U.D., 2nd Filing, Final, #31-95E Dear Steve: Enclosed please find two (2) copies of the revised Site and Landscape Plan for the Hearthftre PUD, Second Filing. On this revised plan we have added the temporary cul-de-sac at the west end of Bateleur Lane as requested by the Planning and 'Zoning Board at the hearing in which they approved the project. Steve, please review this information and give me a call if you feel the plan is ready for mylars with the owners signatures. Also note that Shear Engineering Corp. has resubmitted the Final Utility Plans to Sherri Wamhoff for her review and approval. Should you have any questions, please give me a call at 226-1655 Sincerely, ►iineCresVPDlgning and Design LLC Enc cc. Tom Kennedy, Firl Yunker, Lucia Li Icy, Sherri Wamhun', Brian Shear, I learthfire 2 Submittal Plat,ning S Design LLC 4225 Westshore Way Fort Collins. 00 80525 (970) 226-1655 • (970) 226-1635 fax LILEY. ROGERS & MARTELL, LLC ■ ATTORNEYS AT L A W RECEIVED April 29, 2003 CURRENT PLANNING Ms. Sheri Wamhoff City Engineering Department HAND DELIVERED 281 N. College Ave. Fort Collins, CO 80521 Re: Hearthfire P.U.D. Second Filing Request for Modification of Conditions Dear Sheri: On behalf of the owner and developer of the Hearthfire P.U.D. Second Filing, we request that the condition of final approval requiring execution of the Development Agreement, utility plans and final plans be modified to extend the time from May 15, 2003 to July 17, 2003. The additional time is necessary to finalize plan revisions to construct a cul-de-sac at the end of Bateleur Lane, construction phasing plans, the Development Agreement and additional changes to the utility plans requested by the Stormwater Department and agreed to by the Developer. Please contact me if you have any questions. Thank you. Sincerely, LILEY, ROGERS & MARTELL, L.L.C. By: LAL/jpk PC: Paul Eckman, Deputy City Attorney Steve Olt, Project Planner Brian Shear, Shear Engineering Corporation Tom Kennedy, Hearthfire, Inc. LUCIA A. LILEY • JAMES A. MARTELL • TODD W. ROGERS THE PETER ANDERSON HOUSE • 300 SOUTH HOWES STREET • FORT COLLINS, COLORADO 80521 TELEPHONE. (970) 221-4455 • FAX (970) 221 -4242 Sher' Wamhoff - Hearthfire PUD Second Filing Development Agreement Page 1 From: "Janette P. Kechter'<jkechter@lileyrogersmartell.com> To: "Paul Eckman" <WECKMAN@fcgov.com>, "Sheri Wamhoff' <swamhoff@fcgov.com>, "Dave Stringer" <dstringer@fcgov.com> Date: 5/13/03 2:16PM Subject: Hearthfire PUD Second Filing Development Agreement Good afternoon, Paul and Sheri. Attached are our redlined revisions to the Development Agreement proposed by the City for the Hearthfire PUD Second Filing. I would appreciate it if one of you would forward this draft to Basil Harridan, as I do not have his email address. The reasons for our revisions are as follows: 1. Sec. II.C.1. (page 5) was revised to account for the plan to phase construction. We are aware that the City typically only allows the issuance of 25% of the permits prior to completion of the improvements. If applied to each phase separately, the Developer would only be able to pull 4 or 5 permits in Phase 1. From a cash flow perspective, this is difficult. We would propose to complete the Phase 1 improvements prior to the issuance of 25% of the permits overall, and then complete the Phase 2 and 3 improvements prior to 25% of the permits in each respective phase. 2. Sec. II.D.4. and 5. (pages 8 and 9) were changed slightly to mirror the language of the Amendment to the First Filing Development Agreement where these obligations were first imposed. 3. We have struck the new language in the approval condition in Sec. II.D.6. Although the Developer agreed to construct the collector prior to the 91 st permit in the First and Second Filings, it did not agree to construct before the 6th permit in the Second Filing, nor did the Planning and Zoning Board impose this as a condition. 4. Sections II.D.7. through 9 (page 9-12) have been revised to specify that the sole purpose of the contribution in aid is for the specified improvements, and to put an outside limit on the time the City can hold the money. In the case of Turnstone Lane (Sec. II.D.9.), the funds are to be refunded not to the Developer, but to The Water Supply and Storage Company. You will recall that the permanent storm drainage easements from The Water Supply and Storage Company are the subject of pre-existing agreements that took two years to negotiate. As a condition of granting the easements, the Developer agreed to have the money deposited for Turnstone Lane refunded to The Water Supply and Storage Company if the improvements were not built. 5. Section II. F.2. (page 13) was revised to take care of the possibility that the accessway would have to be relocated. In such event, the Developer would have to abide by the same conditions and process that were applicable to construction of the accessway for the First Filing. 6. The blanks in Sections II.G.1. and 2 (page 14 and 15) will be completed as soon as Doug Moore approves the revised wetland mitigation plan submitted by the Developer's engineer. We understand that Page Sl et,Wamhoff - Hearthfire PUD Second Filing Development Agreement 2 there have been numerous meetings and that the parties are in agreement on the concept of the plan and the language of these paragraphs. As soon as we know the revised acreages, we will let you know. Please review our proposed changes and call with your comments. We look forward to being able to resolve any outstanding issues prior to the Planning and Zoning Board hearing on Thursday evening to prevent having to request a modification of conditions. Liley, Rogers & Martell, LLC 300 South Howes Street Fort Collins, Colorado 80521 Telephone: (970) 221-4455 Facsimile: (970) 221 4242 THIS MESSAGE AND ATTACHMENTS ARE INTENDED ONLY FOR THE ADDRESSEE(S) AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THE MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AUTHORIZED REPRESENTATIVE OF THE INTENDED RECIPIENT, I DID NOT INTEND TO AND DO NOT WAIVE ANY PRIVILEGES OR THE CONFIDENTIALITY OF THE MESSAGE AND ATTACHMENTS. IF YOU RECEIVE THIS COMMUNICATION IN ERROR, PLEASE NOTIFY ME IMMEDIATELY AND DELETE THE MESSAGE AND ATTACHMENTS FROM YOUR COMPUTER AND NETWORK, ANY DISSEMINATION OF THIS COMMUNI-CATION IS STRICTLY PROHIBITED. THANK YOU. CC: "Tom Kennedy" <tk@americaloan.com>, "Tom Dugan" <tompinecrest@gwest.net> P1N£CR£ST May 15. 2003 Mr. Doug Moore City of Fort Collins Natural Resources Dept. P.O. Box 580 Ft. Collins, Colorado 90522 RE: Hearthfire PUD, Second Filing Revised Wetlands Mitigation Plan Dear Doug: As we have discussed, enclosed please find one (1) copy of the revised wetlands mitigation plan for the Hearthfire PUD, Second Filing. Based upon the wetland disturbance created by the water quality pond..07 acres and the .15 acres located within lots 27-32, for a total disturbance of .22 acres, .33 acres on new wetlands will be created along the northwest portion of the existing large wetlands. Doug, please review the plan and if you should have any questions, feel free to give me a call at 566-4714. Sincerely, PineCrest Pla4kning & Design LLC Manage Enclosure CC LOCI❑ Liley, Tom Kennedy. Brian Shear, Steve Ott, Sherri Wamhorf, Ilearthf re 2n' rile P1aNNi"5 & DesigN LLC 4225 Westshore Way Fort Collins, CC 80525 (970) 226-1655 • (970) 226-1635 fax 141 %%W • LILEY, ROGERS & MARTELL, LLC - ATTORNEYS AT LAW April 29, 2003 Ms. Sheri Wamhoff City Engineering Department 281 N. College Ave. Fort Collins, CO 80521 Re: Hearthfire P.U.D. Second Filing Request for Modification of Conditions Dear Sheri: RECEIVED CURRENT PLANNING HAND DELIVERED On behalf of the owner and developer of the Hearthfire P.U.D. Second Filing, we request that the condition of final approval requiring execution of the Development Agreement, utility plans and final plans be modified to extend the time from May 15, 2003 to July 17, 2003. The additional time is necessary to finalize plan revisions to construct a cul-de-sac at the end of Bateleur Lane, construction phasing plans, the Development Agreement and additional changes to the utility plans requested by the Stormwater Department and agreed to by the Developer. Please contact me if you have any questions. Thank you. Sincerely, LILEY, ROGERS & MARTELL, L.L.C. By: LAL/jpk PC: Paul Eckman, Deputy City Attorney Steve Olt, Project Planner Brian Shear, Shear Engineering Corporation Tom Kennedy, Hearthfire, Inc. LUCIA A. LILEY • JAMES A. MARTELL N TODD W. ROGERS THE PETER ANDERSON HOUSE • 300 SOUTH HOWES STREET • FORT COLLINS, COLORADO 80521 TELEPHONE: (970) 221-4455 • FAX (970) 221-4242 MEMORANDUM DATE: April 29, 2003 TO: Planning and Zoning Board Members FROM: Dave Stringer, Development Engineering Manager RE: STATUS OF PROJECTS ON THE LIST FOR MODIFICATION OF FINAL APPROVAL The following is a list of the 1 project currently on the agenda for a three-month extension of the condition of final approval requiring completion of utility plans and execution of a development agreement. A brief summary of the project status follows the item. Hearthfire PUD, Second Filinq P & Z Approval: 11/04/02 After the conditional approval of this project by the Planning and Zoning Board t the utility plans needed to be revised to show the delay in improvements of taw County Road 13 and the improvements that are needed to block off Bateleur Lane from through traffic in the interim. The Developer had also decided to Phase the construction of the project. We have reviewed the plans and the changes were made with only minor revisions remaining before the plans can be signed off and approved. The Development Agreement has been drafted and is currently under review by the various parties. Staff anticipates that the Development Agreement, signing of the utility plans and filing of the plat will be completed before the July 17th Planning and Zoning Board hearing. ENGINEERING DEPARTMENT Post Office Box 1190 Fort Collins, Colorado 80522-1190 (970)498-5700 FAX (970)498-7986 June 22,2000 City of Fort Collins Dear The purpose of this letter is to convey the County's concerns about the second filing of the proposed Hearthfire development located at the SE. corner of County Road 54 (Douglas Rd) and County Road 13. It is our understanding that this project is currently in the City's review process and will be scheduled to go before the City's planning and Zoning Board in the near future. The concern that we have with the proposed development is the impact that it will have on the transportation system in the area, more specifically the impact that it will have on Inverness Street and Abbotsford Road which are extensions of County Road 13. The County classifies both of these roads as "Local" roads and we feel that they are adequate to handle the relatively low volume of traffic that reside in the area. The City of Fort Collins Master Street Plan classifies these roads as "2-lane Collectors". On paper we would agree that these roads could Iunction as collector roads, but in reality major improvements would need to be made to these roads before they could handle the traffic volumes associated with collector roads. ]'he roads arc currently surfaced with treated gravel, which the County considers to have the capacity to safely carry Tess than 300 vehicles per clay (Section 8.1.5.C.I of the Larimer County Land Use Code). The latest traffic counts that the County conducted on these roads was in 1998. At that time, the average daily traffic was between 160 vpd (south of Douglas Rd) and 275 vpd (north of Gregory Rd). This indicates that these roads are near the County's paving threshold. In addition, both of these roads have significant constraints that would prevent them from functioning safely as collector roads. These include 90 degree bends in the road, sight distance problems, two bridge structures that would need to be rehabilitated, and safety issues at the intersection of Abbotsford Rd and Gregory Rd. The latest traffic study for the Hearthfire development that the County has on file, dated July, 1996, indicates that approximately MIN, - 25%of the traffic generated by the development will travel on these roads. This equates to over 350 new vehicle trips per day on these roads which, in itself, exceeds the paving threshold. The 1996 traffic study also indicates that the traffic that is projected to use these roads would first have to exit the I (earth fire development onto Douglas Rd, go west on Douglas Rd, and turn south onto County Rd 13. The City is now proposing to create a direct access onto County Rd 13 from the second filing of the Hearthfire development. It is our opinion that this will increase the number of vehicles turning south onto County Road 13. City staff has indicated that some of this traffic that was projected to use County Rd 13 will, in the future, go east, through the Richard's Lake development, and travel south on County Rd 11. We feel this may be true to some extent but that there will still be significant impacts to Inverness and Abbotsford. The County requests that if the City approves the development, in order for it to meet the Adequate Public Facilities Policy of Larirner County, the approval should include the following conditions: 1. The developer is responsible for paving County Rd 13, Inverness St, and Abbotsford hPk,v,, danchkkercrmiskit,,,4cA1,,,,Vk."bire 2,,d fihi,, doe 2. The developer either corrects the safety problems, which includes horizontal and vertical changes or construct approved traffic calming improvements on County Road 13, Inverness, and Abbotsford. 3. If direct access onto County Rd 13 is approved, the developer be required to construct a raised median from Douglas Rd past the access point to allow only a'/a turning movement at the access. This would prevent vehicles from turning left from the access and going south on County Rd 13. 4. The developer is required to improve the intersection of Gregory Rd and Abbotsford. 5. The City agrees to maintain Inverness and Abbotsford from County Rd 13 to Gregory Rd. Again, we are seriously concerned about the impacts the proposed Hearthfire development will have on nearby County roads and County residents, and we urge you to address these concerns in your evaluation of the proposed development. It devrev pWnchk%refer alslcities eollinslheanhfire 211d filinb doe Page 2 d City of Fort Collins FUTIwaltM116lllul TO: Cam McNair, City Engineer THRU: Dave Stringer, Development Review Manager FROM: Sheri Wamhoff, CE II DATE: August 1, 2000 APPROVED BY:I.,� ' ` City of Fort Collins Engineering Depaittnent RE: Variance Request for Hearthfire PUD, Second Filing for a reduced radius curve at the intersection of Batleur Lane and County Road 13 The following variance request is for the use of a reduced radius curve at the intersection of Batleur Lane and County Road 13. Per Table 2 of the Design and Construction Criteria, Standards and Specifications for Streets, Sidewalks, Alleys and Other Public Ways the minimum centerline curve radius for a local street is 240 feet. The current design provides for a 225 foot curve. I believe the variancc-should_be-granIed, The slightly reduced radius on this curve will still provide for a safe design. Batleur Lane at Country Road 13 shall be a stop condition, therefore the vehicles approaching this intersection and the curve shall be slowing down and the curve radii does not impact the sight distance of the driver approaching the intersection. No sight distance easements are needed to accommodate the sight distance requirements approaching, entering or exiting this curve. The use of the reduced radius curve also allows the Batleur Lane and County Road 11_; intersection to be located further north along County Road 13 than an intersection that would exist with the minimum radius requirement being met. The intersection as located meets corner sight distance and stopping sight distance requirements for the speed of the road. It should be noted, as indicated in the variance request that a variance is not needed for the gent length being used. In accordance with section 1.02.03.04 "no tangent length is required if the angle of departure is less than 10 degrees." As designed the tangent intersecting County Road 13 is at a 90 degree angle (0 degrees of departure) and as indicated above and in the variance request submitted the intersection as designed provides for safe sight distance and safe traffic operation. If you have any questions, please call me at 0140. :Attachments August 1, 2000 Project No: 1552-02-97 Sheri Wamhoff City of Fort Collins Engineering Department P.O. Box 580 Ft. Collins, Colorado 80524 Re: Variance Request for Hearthfire P.U.D., Second Filing; Ft. Collins, Colorado Dear Sheri, This letter represents a request for a variance for the horizontal road geometry at the intersection of Bateluer Lane and North Countv Road 13 The following aspects of the design do not meet with current city standards. The centerline radius of the curve at the western end of the road is 225 feet. Current City standards require a radius of 240 feet. The tangent length from the eastern ROW of North County Road 13 is 17 feet. City standards require a tangent length of 100 feet except when the angle of departure is less than 10 degrees (City of Fort Collins Design Street Standards Section 11.02 03 .04, dated July 1996). In this case, Bateleur Lane intersects North County Road 13 at a 90-degree angle. We are requesting the variance for the following reasons. The traffic volume on Bateleur Lane will be relatively low. In addition, the posted speed limit will be 25 mph. A stop sign will be provided at the intersection of Bateleur Lane and North County Road 13. The proposed radius also pushes the intersection further north than the required radius providing additional sight distance to the 90' curve located south of the intersection on County Road 13. This additional sight distance will provide for a safer intersection into County Road 13 from the subdivision. We trust that this request will be accepted and the plans approved accordingly. Please call me at (970) 226-5334 if you have any questions. Sincerely, Mark Oberschmidt Shear Engineering Corporation MEO / mo cc: Tom Kennedy; Hearthfire, Inc. Steve Olt; City Planning Tom Dugan; PineCrest Planning and Design iS36 S Collcge, Suitc 12 1Y. Collins. CO 80525 (9-0) 226-Sii-) Fax (9-0) 282-011 1 wxaw. shearengi ncering. coil]