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HomeMy WebLinkAboutSIDEHILL - Filed GC-GENERAL CORRESPONDENCE - 2005-04-08Tim Blandford comments on Sharp poir -- Page 1J From: Sheri Wamhoff To: Tim Blandford Date: 7/21/00 3:10 PM Subject: comments on Sharp poin Tim Here are some notes on the sharp point extension. At transportation coordination it was agreed that the road could have an angle point at the intersection. It would be a three way controlled access so that the extension of the road would not have to follow our min curve requirements. Therefore it appears that the road should go through Tract A. The extension should be designed as a collector with parking. This will allow for greater flexibility and the ability to install islands for the railroad crossing devices if/as needed. The street will need to cross the railroad tracks perpendicularly. May want to check with Mike Herzig on how close to 90 degrees this needs to be. In conjunction with the development of the adjacent property the road will need to be designed (including the 500 feet off site) and built or it may be possible to delay the construction by the escrow of funds for the construction of the street if they do not take access from it. As a collector the applicant would receive street oversizing reimbursement for the oversized portion and they can file for reimbursement from the property on the other side of the street. Odds are pretty slim that they would get reimbursed for the portion adjacent to the natural area. But it appears that there is a developable lot adjacent a portion of the roadway. Sheri Susan Joy - Re: Timberline Road Improvements Page 1 From: Dave Stringer To: "joe@cityscapeud.com".GWIA60.FC1 Date: Thu, Feb 13, 2003 8:31 AM Subject: Re: Timberline Road Improvements The ballot issues are in early stages of discussions. No decisions yet. Therefore, as we have stated all along, if the improvements are not on the ballot or the ballot fails the developers won't be able to receive a final which means no development construction can occur until the APF is completed. Of course the developers can decide to fund the improvements if they so choose. Dave >>> "Joe Carter" <joe@cityscapeud.com> 02/13/03 08:19AM >>> Dave, I don't know if you are the person I should ask regarding these improvements. If not, could you please direct me to whom I should speak? Thank you. Could you please tell me the latest news on the Timberline Road improvements? Has the council made a decision to place it on the ballot this April? Thank you. Joe Carter Landscape Architect Cityscape Urban Design 3555 Stanford Road, Ste. 105 Fort Collins, CO 80525 (970)226-4074 phone (970) 226-4196 fax ioe(a)citvscaoeud.com CC: Cam McNair Susan Joy - RE: SideHill Issues Page 1 From: "John Beauparlant <jbeauparlant@jamescolorado.com> To: "Cam McNair" <CMCNAIR@fcgov.com> Date: 1 /9/04 9:30AM Subject: RE: SideHill Issues Cam et al Thanks for the message. I am probably going to be calling several of you in the next couple of days to address specific items, but I wanted to take this opportunity to address your reply and also the information we have forwarded to some of you earlier. First of all ... Happy New Year! I hope we can kick it off well by getting everything pertaining to Filing 1 of SideHill completed, and get you the Timberline Road design fee, in the next couple of weeks. We would like to be able to close on this project and get going on construction as soon as possible. We think it will be a great project for both us and the City. And my thanks to Basil Harridan for working closely with Mike Brake to resolve the offsite storm drainage issue! So here are the remaining issues that need to be resolved: The Filing 1 Development Agreement (DA) applies to the entire 218 25-acre parcel, which includes what are being called Outlets A and B. The Filing 1 plat covers all of that property, so there is nothing wrong with addressing issues pertaining to Outlots A and B in the current DA. In fact, the DA already does so in a number of locations (Sharpe Pointe Drive connection, Timberline Road local street share pertaining to Outlot A, etc.). I understand that each future filing will have its own DA pertaining to the property being platted at that time, and the two future filings will be replats of Outlets A and B. So there should not be anything to preclude us from addressing issues related to Outlots A and B in the present DA. The APF Improvements reimbursement issue. There are several reasons why we would like to have some sort of proactive acknowledgment that the City Council would be permitted (but certainly not obligated) to reimburse us for the money we are fronting for these improvements. It is important to note that the very best we (JamesCompany) will make out is to be just $1 million out of pocket, even after all the 'reimbursement' through the SID (this is over $1,000 per dwelling unit). There is no way the SID could possibly reimburse us for our own assessment, of course, even though the current wording of Paragraph I.D 7 indicates elsewise. And there certainly is no guarantee that the SID will even be formed Given all of this, we would like to have some acknowledgment that the City Council might want to give some consideration to any and all potential reimbursement vehicles. Again, we realize that there is no way the Council can be obligated. One of the big problems we have had with the DA is that, every time we receive a revised version of it, it includes yet another old utility or yet -to -be -constructed utility line we have to help pay for or reimburse the City for. The latest is the 24-inch waterline in Timberline, which also requires that we pay inflation on this $68,256 for 15 years! This Susan Joy - RE: SideHill Issues Page 2 is absurd! Why does each successive version of the DA include more and more cost -sharing obligations? Is there no "statute of limitations" insofar as cost -sharing is concerned? Or, at least, is there no maximum life of the improvement? If anything, the value of the 24-inch waterline maybe should be depreciated as a capital item. It has been in use for a long time without us ever having tied into it. And, once again, please do understand that we are going to be paying a huge sum for the Timberline/Prospect improvements, which would be paid for by the City if there were any funds available. This is one of those opportunities in the DA to acknowledge that fact with an eye toward equity. Mike Brake assures me that the existing sanitary sewer line in Drake Road has a certain amount of existing capacity, and we should be entitled to use it as we construct the new 42-inch line. Can we get an audit of that existing line to determine how many more units it can serve? To withhold all building permits until the line is constructed is unfair, especially since the construction of this line was something that was added in the last version of the DA. We realize the new line has to be constructed, but the timing of doing so should not hold us up. We will forward our share of the railroad crossing permit fee as soon as the Development Agreement satisfactorily addresses all of the major issues included in this email message. The underdrain issue for Filings 2 & 3 is a major concern. We need to have the assurance that we can provide underdrains for all of SideHill, and the fact that we are so close to the Poudre River pretty much necessitates a lift station to make the Filings 2 & 3 system work. JR Engineering will be starting the design of the sanitary sewer and underdrains soon, and we need to have some sort of assurance that the drain system can and will function properly. Here is some proposed wording to address this item: "The City agrees to consider for approval all means and methods to allow ground water discharge from the underdrain collection system proposed for Outlets A and B, including a gravity outfall system and a mechanical lift station." The valley wall issue pertains to all three contemplated filings. The grading and revegetation of this feature has been addressed in detail through a special study that was completed by Cedar Creek Associates. We would suggest the following language in the Development Agreement "All valley wall mitigation measures have been addressed in the "Revegetation Plan for the SideHill Project" prepared by Cedar Creek Associates. No further mitigation measures beyond the grading and revegetation called for in this study and included in the Filing 1 Final Development Plan Documents will be required for Outlets A and B." Paragraph II.D.5 does need to be revised to reflect the impossibility of fronting the $100,000 design money long ago. Cumberland Companies requested that the ownership of the Mansion Park property immediately across Timberline from SideHill reflect the new ownership. The new owner of this parcel is SC Group Investments, LLC. This parcel will probably not be developed as "Mansion Park,: so you Susan Joy - RE. SideHill Issues Page 3 might want to delete that reference. Why is the inflation factor for the Sharp Point Drive crossing to commence on September 2003? Shouldn't this be the date of the Development Agreement? Lastly, the ownership for Outlots A & B (what will become Filings 2 & 3) will not be SideHill 2 LLC. We are not sure what the name of this ownership entity will be at the moment, but will forward that information as soon as it is available. I will cal several of you early next week to see what can be done to bring the Development Agreement to a condition that would permit us to sign it We would surely like to be in that position in another week. Thanks so much for all the work on this. John Beauparlant Entitlement Manager JamesCompany -----Original Message ----- From: Cam McNair (mailto:CMCNAIR@fcgov.com] Sent: Thursday, January 08, 2004 8:32 AM To: John Beauparlant Cc: Cameron Gloss; Don Bachman, Doug Moore, Dave Stringer, Jim Hibbard; John Stokes; Matt Baker, Roger Buffington, Ron Phillips, Susan Joy, Steve Roy, Paul Eckman, Dan Wenzinger; jpostle@jamescolorado.com; mbrake@jrengineering.com Subject: Re. SideHill Issues John, Dan Wenzinger called me yesterday to discuss these issues from your Dec 30 message, and others. I am having difficulty getting firm answers on all points, so let me share what I do have and also what Dan and I discussed yesterday. I will also copy this message to other staff that has been working on some of these issues, so that they can provide input or reaction as appropriate. You received the latest version of the development agreement (DA) on Tuesday That raised some more questions from your company concerning utility reimbursements for two previous waterline projects on Timberline and Drake. I believe you also had questions concerning the timing of the requirement for the 42-in sanitary sewer. I need to refer you to Roger Buffington or Jim Hibbard in Utility Services for answers to those questions. The "Valley Wall" issue is a Natural Resources Dept concern. I have asked Current Planning and Natural Resources to provide a response to your questions on that issue. However, unless the valley wall is impacted in Filing One of the development project, it will not be addressed in the Filing One DA. Susan Joy - RE: SideHill Issues Page 4 In fact, I do not feel that we can agree to any requests to add commitments for future filings in the DA for Filing One. The separate filings need to stand alone as independent projects, in terms of the utilities and infrastructure design and development agreements. So the questions about underdrains and the valley wall that are pertinent to future filings will need to be handled in the plans and DAs for those future filings. I believe we do have agreements in principle on most design questions, but a lot more work will be necessary before those can be solidified in approved plans and DAs. If you want to back up and re -submit the entire project as a single filing, then all of these design details can be solved and recorded in a single set of documents. The actual construction work could still proceed in multiple phases of a single filing. Finally, I am also having difficulty on the request to include additional language in the Filing One DA that would allow City Council to reimburse the developer for APF improvements. I believe the City's position on this, in accordance with our Land Use Code and its APF provisions, is clearly stated in II.D.3 - 7 of the DA. I just don't see how we can commit to more than this. But you are certainly welcome to elevate that request to my superiors and/or to the City Attorney. Unfortunately, it looks like sub -paragraph II.D.5. will need to be changed again since the 30 days for payment of the $100,000 has now passed. John, I wish 1 could provide quick and positive answers to all of your requests. As I told Dan yesterday, I think it is important to the City for this project, and its associated public improvements, to proceed to construction. I want to facilitate that effort, but many of these issues fall outside of my sphere of influence. Let's both keep plugging away until the job is finished. Cam >>> "John Beauparlant"<jbeau parlant@jamescolorado.com> 12/30/03 03:54PM >>> Cam, Dan Wenzinger and I just met with Jim Postle to discuss the future SideHill filings and the issues we discussed at last week's meeting. We still have a certain amount of trepidation with respect to some of these issues, and we thought that perhaps they could be addressed in the Filing 1 Development Agreement (DA) in such a way that we could rest assured that the entire property, including Outlots A and B, can ultimately be developed as contemplated. In addition to our desire to include language that specifically permits the City Council to provide reimbursement payments for the APF Susan Joy - RE SideHill Issues Improvements through the SID and/or any other means available to the City, there are two other pressing issues we would like to see addressed in the DA These are as follows: The Valley Wall We are concerned about the possibility that the City will require that the Valley Wall be completely protected and preserved on the Johnson property. If this should be the case, it would be impossible to develop the balance of the property in such a way as to be economically feasible. Since we will be purchasing the Johnson property in its entirety, we are totally relying upon the ability to develop Outlots A B in accordance with the general layouts and density we have been discussing for some time now I believe it would be possible to address this issue in the Developer Agreement by saying something to the effect that Filing 2 & 3 development will not be unnecessarily restricted by Valley Wall concerns but that we (the Developer) will preserve the integrity of the Valley Wall to the extent possible. I don't have any better suggestion than that. I am still not exactly sure just what this Valley Wall really is. Filings 2 & 3 Underdrains Now that the stormwater issue has apparently been resolved (I spoke with Basil Harridan about this yesterday), and the Box Elder Ditch board has agreed to permit Filing 1 underdrain flows into that ditch, we can turn our attention to Filings 2 & 3. The stormwater issue for Filings 2 & 3 has already been resolved, as those flows will be discharged into the FCRID, in accordance with the approved Master Drainage Plan. The underdrain issue, however, is not yet resolved. It is my understanding that the City would consider a lift station for the future development areas. This appears to be the only sure way to get rid of the underdrain flows, as running the underdrain pipe all the way out to the Poudre River through the McDowell property was never all that appealing, and the line could never daylight above the 100-year water surface elevation anyhow. As I mentioned to Jim Hibbard, JamesCompany would be happy to capitalize a maintenance and repair fund for a lift station in order to provide assurance that it will be properly maintained. We can also write provisions into the covenants for the future filings that Page 5 Susan Joy - RE: SideHill Issues Page 6 would provide additional assurances. It is extremely important to have some sort of guarantee that the underdrains for the balance of the property will be able to function properly, as groundwater is a serious concern there. We therefore ask that the Developer Agreement for Filing 1 specifically authorize the use of a lift station for the Filings 2 & 3 underdrain system. Basil has agreed to provide the new wording for the Filing 1 stormwater improvement requirements, which are to consist of the construction of spillway erosion protection on the Rigden Pond. It is my understanding that these improvements will have to be completed prior to the issuance of any Certificates of Occupancy for more than 25 percent of the units in Filing 1. If you could forward a revised Development Agreement, incorporating the new stormwater wording and addressing the above two items, I believe we will be in a position to deliver your $100,000 check I hope we can get a revised DA to review early next week; I will also be in on Friday. Please call or email if you have any comments or questions or need any additional information. Thanks so much! John Beauparlant, AICP Entitlement Manager JamesCompany a Division of TOUSA HOMES INC. 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Voice: 303-443-6666 Fax 303-443-6777 <mailto:jbeauparlant@tousa.com> jeauparlant@tousa.com CC: "Cameron Gloss" <cgloss@fcgov.com>, "Don Bachman" <DBachman@fcgov.com>, "Doug Moore" <DMOORE@fcgov.com>, "Dave Stringer" <DSTRINGER@fcgov.com>, "Jim Hibbard" Susan Joy - Sidehill DA Page 1 From: Paul Eckman (Mary Donaldson) To: jbeauparlant@jamescolorado.com, Paul Eckman; Steve Roy; Susan Joy Date: 1 / 15/04 11:58AM Subject: Sidehill DA We received a communication from John Beauparlant on January 13 listing some changes that need to be made to the Sidehill Development Agreement. I have made an attempt at all of the changes except those that he referenced in paragraphs II.A.2 and I.B.A.1Since those exact cost sharing details are yet to be resolved by Roger Buffington and Jim Hibbard, I left the language as it is until we receive additional details. I would appreciate your checking to see if the changes that I have made are acceptable, and letting me know. As to John Beauparlant's request for additional reimbursement languge, please see the comment in the margain on page 11, paragraph 7. Paul CC: Basil Hamdan; Jim Hibbard, Roger Buffington Susan Joy - Re. Young's Creek DA language Page 1 From: Susan Hayes To: Basil Hamdan: Susan Joy Date: 1/16/04 2:58PM Subject: Re: Young's Creek DA language Thanks for the information, Susan. Given the long time frame I think we need to collect the review fee right now, before we sign the mylars. The floodplain use permit and fee can wait. Do either of you have the name and number of the Developer? Thanks, Susan Hayes >>> Susan Joy 01/16/04 02:46PM >>> What we'll do is put paragraph 10 as a condition in the DCP application and I won't let Cam sign off on the DCP until they've met your requirements. Someone from your department will have to let me know by email that they've taken care of this and that it's ok to sign off the DCP. Unfortunately there is no way to track this electronically so we'll have to remember to do this manually. However, the developer is not planning on going to construction for 2,3 or even 4 years from now until the market is better. I'll put a note in the file and if you'll do the same, whoever does the DCP in the future will know about it. Be sure to have someone from your department attend the DCP meeting for this project all those years from now and hopefully it'll be caught. If nobody quits we should be alright! The trick is flagging the file well enough so that a complete stranger will pick up on it. >>> Basil Hamdan 01/16/04 01:20PM >>> Yeah, the Development Construction Permit is the one you get issued prior to any construction on site. As far as whether there is an electronic hold that we can use to make sure that these requirements are met, I am not as familiar as Susan Joy from Engineering with that system I will leave it up to her to let us know. Thanks, Basil >>> Susan Hayes 01/16/04 11:41AM >>> Basil, Looks OK. I'm assuming the Development Construction Permit is issued at the start of any construction. Is there an electronic system we can place a "hold" in to ensure these requirements are met? Susan >>> Basil Hamdan 01/16/04 10:56AM >>> Susan (Hayes), Please find attached my first brush at the stormwater portion of the Development Agrement language for Youg's Creek, including the flodplain permit language you had requested. Please review it and let me know if you want anything added/deleted or edited. Thanks, Basil Susan Joy - Re: SideHill Filing 2 & 3 Trans Coord Meeting Page 1 From: Troy Jones To: Joe Carter; Susan Joy Date: 1/22/04 3:22PM Subject: Re: SideHill Filing 2 & 3 Trans Coord Meeting Joe, We met and talked about Sidehill Filings 2 & 3 at Transportation Coordination today. We understand that you and your clients would like the opportunity to plead your case to staff as to why some of the building frontages, alley's and private drives should be the way you propose. The result of today's meeting was a staff decision that rather than you and your clients meeting individually with each department to plead your case, we would like to all be together when you attempt this. We would like to have a hands-on worksession with staff, you, your engineers, and your clients to give you the opportunity to have all concerned staff at the table when negotiations are being discussed. This is likely much more efficient than talking individually to staff just to have the outcome change when a different department (that wasn't at the table) weighs in on the decision. We would like to have this meeting just after our weekly staff review meeting, mid -morning on Wednesday, February 4, 2003. As we get closer to that day, I'll have a better idea of a precise time. Troy >>> "Joe Carter" <joe@cityscapeud.com> 01/22/04 02:12PM >>> Susan, What's the status of the SideHill transportation coordination meeting? I hope you are not merely in intermission and waiting to go into round 4. Please send us a copy of the comments when they become available. Thank you Joe Carter Landscape Architect Cityscape Urban Design 3555 Stanford Road, Ste. 105 Fort Collins, CO 80525 (970)226-4074 phone (970) 226-4196 fax joe(a)cityscapeud. com http://www.cityscal)eud.com/ CC: Iwatkins@jrengineering.com _ ANdERSON CONSULTING ENGINEERS, INC. 46 ('ivil Water- Rcsources Environmental 1 FEB 1 3 2004 3 itf February 12, 2004 Mr. Michael Brake JR Engineering 2620 lust Prospect Rd., Suite 190 Fort Collins, CO 80525 Re: Sidehill Underdrain Outfall (ACE Project No. COTJCOI) Dear Mr. Brake: The report "Analysis of a Ground Water Subdrain for the Sidehill Development", Anderson ('onsulting Engineers, Inc. [ACE], February 25. 2003 described an outfall system for the subdrain within the proposed Sidehill development in Fort Collins Colorado. The subdrain outfall description listed in the report saws planned using the best available information al the time, and was intended to be used as an aid in the design process only. Hie subdrain outfall plan and profile shown in the l'tility plans for Sidehill Filing One - JR Engineering, Inc.,-lanuary 7.2004 dil Ter tiom the outfall conligurntion in the ACT report due to casement availability issues. However. the subdrain outfall pipe shown on the Utility Plans still conforms to the recommendations set forth in the ACE report. I f you have any questions or comments regarding this matter, please do not hesitate to contact me. Sincerely, ANDE�R,SSON CCONSU TING ENGINEERS, INC. WCk e e -11 Mark K. Kcmpton, E.I_T. Project Engineer MKK/pjb I�'()1'I NI( til I CO IA Inklmirain OutralI IAtdoc 772 Whalers Way, Suite 200- Fort Collins, CO. 80525 Phone. (970) 226-011_0 • Fax. (970) 226-0121 - wN�%N.acewateecom Susan Joy - Right of way on Drake Road Page 1 From: Dave Stringer To: dwyatt@wyattarch.com Date: 3/13/03 3:03PM Subject: Right of way on Drake Road Mr. Wyatt Thank you for your e-mail dated 3/12/03 regarding the difficulties in obtaining right-of-way for the 3/4 access needed to serve your proposed project. I have taken your informal request to the City Engineer regarding a variance to the design requirements for the 3/4 access. After much discussion, it has been determined that the City will not support a variance to the design standard in order to accommodate the 3/4 access. Therefore, the additional right- of- way is required. I understand your frustration in trying to find someone to talk with about getting the right-of-way situation addressed. Following are a couple of contacts who may be able to help you in dealing with Mr. Pestle. Kyle Arend of J.R.Engineering (970) 491-9888 , J.R. is currently working on the first phase of the Sidehill development at the northeast corner of Drake and Timberline Roads. Mr. Rob Thorshim of Engle Homes (303) 770-4646, they currently have some connection with Mr Postle in the proposed Sidehill development project. I don't know if either of these gentlemen will be able to assist you. However, it may be worth will to contact them Sincerely, Dave Stringer Development Review Supervisor CC: Cam McNair: Steve Olt 06/21/2004 10:05 FAX 970 491 9984 JR ENGINEERING Z 002 MEMORANDUM Tot Robert Willis, FRS From: Michael Brake, PE, FLS Date: June 21, 2004 J•R ENGINEERING A West ian CC-Pa^y Subject: Sidehill Filing 1 Plan Clarification and Revisions Rob, the following is a summary of the plan clarifications or updates that have transpired over the last month. They include: 1. 2. 3- 4. 5. 1. Type R Inlet: on sheet 62. Type R Inlet Pipe Diameter table revision — sheet 62. Sanitary Sewer Manhole #29 Invert Revision — sheet 15. Sanitary Sewer Manhole #30 Invert Revision — sheet 18. Sanitary Sewer minimum wye separation. Sanitary Sewer Manhole coordinate correction — sheet 19 The following table replaces the pipe diameter table shown with the Type R detail giTi S_8„ 2- SS Manhole #29: The following inverts replace the incorrect inverts shown on plan sheet 15. 3. SS Manhole 430: The following invert replaces the invert shown on plan sheet 18. 6(ro Grt "a AWsm W01--d v CO80111 a 2620 Fast PIIPM P'WA Suite 190 Foa collets. CO 80525 Gt .wd ice: 970-491-9988 c Tux: 970-491-9984 7 303-740-9393 0 Fac 303-7219019 n WJ 4110 Amo wciDln'c 17301 N. G,md ShM, Sudc 110 CDbodo SW»� CO 9M' n,00,y.F, . 72(L>8A853 I Y-593 Z593 oF, 719.pS1 613 720-872-9850 R�z:T_ 06/21/2004 10:05 FAX 970 491 9984 JR ENGINEERING 0 003 — — — — — — — t sewer wye separation is 3 4, per Jeff Hill of Port Collins Utility Department the minimum sani ary foot centerline to centerline. 5. Sanitary Sewer Manhole 951: The following are the corrected Manhole n 0old Coordinates shown o lan shect 19. New Coordinates N16765.69 M14 4 N 16767:22 E 11095.85 �51 E J.1093.21 Cc: Steve Cicione, James CompanY Susan Joy, City Of F rtollinsEngineering .had Washbf urn, File and Corrections Mertlos\Plan Clarification X:\3930000.all\3935000\Word\Memos\Plat1 Clarifications Memo 6-21-04.doc 0 Ep?O(ha ➢PL=B 1�"�d Gmcm�vod aP, 31)3-7M 93930Fu 103-21-9019 D 2620 Fs r' RP' �d, $uie 1911 u Iz3011 CO 8024"1[e 110 Fw COIImcCO so 93 719-593-2593 nFa 719-46 _ '1�0-N72.9ASOo%ax.7�p.y7LA853 970<91.9M o Fm 970491-99YA D 4310An+ SW�Dry C,Aomdo spo nn Co 80907 (C3 Feb 18 03 12:58p MATTHEW J DELICH 970 669 20G1 p.2 n. LU I' C MI R • C J*11$1 camp TO: Jim Pestle, The James Company O L Joe Carter, Cityscape Urban Design o� Eldon Ward, Cityscape Urban Design cn cD City of Port Collins O rn FROM: Matt Delich i X u DATE: February 18, 2003 SUBJECT: Sidehill Development (Johnson Farm) ODP - Street c Lassification for Iowa Drive and Wind Row Drive (File: 0260ME03) CD N m (0 In City staff comment #57, the classification of Iowa Drive CD p and Wind Row Drive were considered to be connector streets and would rn need to be designed in accordance with detail 7-OF in the "Larimer C ount.y Urban Area Standards" MUMS). In Fort Collins, streets are z classified based upo❑ a forecasted daily traffic volume at full build --out of a given development. A residential local street should 0- have a volume of 1000 vehicles per day (vpd) or less. A. connector :local street should have a volume of 1000 to 2500 vpd. The classification of various streets within the Johnson Farm Property is addressed on page 25 of the "Johnson Farm Property Transportation Impact Study," July 2001. This was the TIS for the ODP. It does state that there will be a short segment of Iowa Drive that will exceed 1000 vpd, but these volumes will not extend throughout its entire length. The CDP for this property had a higher dwelling units count in the southwest area (served by Iowa Drive) compared to the current plans. While the above statement continues to be true, the forecasted volumes on Iowa Drive are .lower than those shown in the CDP TIS. I have also added potential traffic that would be associated with development of the Cargill Property, even though there are no known development proposals for that property. The O torecasted volume on Iowa Drive, ust east of Timberline Road is z ¢ expected to be approximately 1200 vpd. However, this volume would z decrease to less than 1000 vpd at the Wind Row Drive intersection. Many streets throughout: the City will/do have higher volumes near the z intersections with arterials. However, the higher volumes fall below W the threshold after a few hundred feet from the arterial street_ In o my judgment, Iowa Drive should be classified as a residenti_a a. local a street- 0 Wind Pow Drive is a street that is interior to the Sidehill a z development. it does/will serve single family lots and some townhome ¢ parcels. Given the trip generation for the land uses adjacent to H Win,-1 Row Drive and the potential for additional "cut through" traffic, the traffic volume will be less than 1000 vpd. Therefore, Wind Row Drive should be classified as a residential local street. LL Q ¢ co Co 0 CC) O a 0 0 0 W n: J W LL r 0 N m CO 6 r, rn z 0 181 7 Jli Z w w z z W z 0 fs February 25, 2003 File: 02601,T02 Mr. Dave Stringer, P.E. Fort Collins Engineering Department 281 North College Avenue P.O. Box -�80 Fort ColLins, Co 80522-0580 Dear Dave: The following is a requests for variance from "Table 7-3 - Fort Collins Street Standards -Technical Design Criteria" in the Lorimer CounL V Urban Area Street Standards, October 1, 2002 (LCUASS) 3pecifica11_v, it is concerning the drstance b,,tween Inter sections along a local_ street (Hay Meadow Way). This Itzhle cates that u the minimum distance between intersections should be 200 feet (on —centers). As shown in Figure 1 Lhere is an rrycbrow that serves 4 lots on 11 the north side of lIay Meadow Way. This eyebrow can be described as a loop driveway with the west leq 11'0 feet Fast: of Iowa Drive and the east 1eq ?10 feet east of Iowa Drive (on-ce_iCers) This loop driveway has been designed tc have Lwo-way traffic. Staff has indicated thaL this evebrow i. consldercd Lo be a loca- street. As I see it, Lhere are Lwo_ issues. The first issue is that I believe that the staff interpretation that an eyebrow is a local street is not correct. 'I'h e.-cond issue is that if staff insists that the eyebrow is a local. sLrect, the variance should be granted. The first issue is with regard to the class ificaticn of the eyebrow as a local_ street. Figure 7-9F in LCUASS indicates that a local sLreeL she,]d carry 1000 vpd or less. The trip genera±iou from the £oar lots on the eyebrow wi1.1 generate 38 daily trip ends, 3 morning peak hour trip ends, and 4 afLcr_noon peak hour trip ends. Therefore, it is concluded that the eyebrow will generate less that 1000 vpd. In Section 1.7 Definition of Terms and Abbreviations in LCUASS, a High Volume Driveway is defined as a "private access from a public roadway designed to scrvj350 or more vehicle trips ends per day or 35 or more VeA, le Lrlp ends per hour. -dn-_ consideration of this uef ill it ion, Uhe eyebrow would notf even it Lhe definition of a H lilh V<�liime Driveway. It can be concluded that the eyebrow could t�e defined as a simple driveway will h serves more than one lot. The only anomaly t-. that sems to exist_ is that the public right- c-,f-way follows the shape of the eye row. I would suggest that C ity sC_aff Consider Lite irn LerpreLation that the eyebrow is merely a driveway and that the minimum 200 feet "paeatior. does not � Ipply. lL would seem that corner clearance between driveways/ all eys and street intersections (50 feet mininium) is the appropr iat,c criteria to apply in this case. Under this criteria, the lr5tanc'e between th w_st leg of the ey hrow ]oop driveway itei la silo .� rn 'I ,ble 7-? in and, therefore, no variance is required. ?fAR i " 2003 If City staff. does not agree with my interpretation and - conclusions regarding the classification of the eyebrow as a driveway, �• the second issue pertains to the variance to the 200 feet minimum separation (on -centers) between street intersections along or local street. The traffic analyses contained herein assumed that the Cargill Property (casL extension of Hay Meadow Way) is fully developed, even Lhough there are no known development proposals for that property. There are three lots on the south side of Hay Meadow Way, east of Iowa Drive, which will each have a driveway to Hay Meadow Way. Figure 2 shows the forecasted peak hour traffic on Hay Meadow Way east of Iowa Drive. Because the locations of the driveways to the lots on the south side of Hay Meadow Way are not known, a composite of the trip generation (Lurning movements) to/from these lots is shown at a single access location. This is a reasonable approach. Likewise, since the eyebrow loop driveway provides for two-way traffic, a composite of the trip generation (turning movements) to/from the eyebrow lots is shown at a single access. It can either be at the west leg or the east leg. The primary reason for the minimum separation distance between street intersections is to be sure that there is adequate storage on the local street (Hay Meadow Way) at the Iowa Drive intersection. Hay Meadow Way will have stop sign control.. The westbound right turns and left turns will be in a single approach lane. Therefore, the highest approach volume (50 vph) will occur in the morning peak hour. Using the conventional "rule of thumb" to allow one foot of storage for each approach vehicle in the peak hour_ would indicate that 50 feet would be required. In consideration of the first vehicle of the queue at 13 Sect (driver's eye) behind the flowline, the back , the second Q,( j':vehicle would be approximately 50 feet west of the west lea of the fl gycbrow loop driveway. This would allow an eastbound left turn to the eyebrow to enter the west leg of the eyebrow with no conflicts from the westbound queue on Hay Meadow Way approaching Iowa Drive. A peak hour operational analysis of the Iowa/Hay Meadow intersection indicates that. the 95 percentile queue on Hay Meadow Way is less than one vehicle. This further confirms that the current 120 feet separation between Tow& Drive and the west leg of the eyebrow loop driveway is adequate and will not be detrimental to the public health, welLare, and safety. It is respectfully requested that the above variance be granted. Please contact me with any questions or additional information that you may need for approval of this variance. Sincerely, C Matthew J. Delich, P.B. N Al SCALE: 1"=50' SITE PLAN Figure 1 a --wAM/PM Way �i LONG RANGE (2020) PEAK HOUR TRAFFIC Figure 2 Susan Joy - MODICATION-Sidehill fire lanes Page 1 From: Ron Gonzales To: Dave Stringer; Susan Joy Date: 3/10/03 3:08PM Subject: MODICATION-Sidehill fire lanes A modification has been granted by the Fire Marshal for the fire lane requirements in accordance with 3.6.6(B)(1) of the FCLUC. The modication involves granting less than the required 30 foot fire lane for a 3 story bldg. In this case, and for most of the bldgs. 29 feet was being offered. The condition for approval is that all the MF bldgs. shall be fire sprinklered. Ron Gonzales Asst. Fire Marshal Poudre Fire Authority 970.416.2864 CC: Kevin Wilson March 27, 2003 James Company 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Attention: Mr. James Postle Subject: Preliminary Geotechnical Investigation Sidehill Subdivision (Johnson Property) Fort Collins, Colorado Job No. FC-1774 We have prepared this letter at the request of the City of Fort Collins and Mr. Joe Carter with Cityscape Urban Design, Inc. to address pavement subgrade at the proposed Sidehill subdivision (formerly know as the Johnson Property). We performed a "Geologic and Preliminary Geotechnical Investigation, Johnson Property, Northwest Corner of Timberline and Drake Road, Larimer County, Colorado," dated August 31, 2000 (CTL Job No. FC-1562). In this report, we identified subsoils generally consisting of sandy clays and gravel overlying claystone and sandstone bedrock. The overburden soils exhibited negligible to moderate swell potential. The claystone bedrock exhibited low to high swell potential. If soils or bedrock with moderate or higher swell potential are exposed or placed at or within three feet of pavement subgrades during site grading, mitigation of the swell potential will be required. We recommend placing on -site soils with a low swell potential at subgrade where possible. If more plastic materials are placed or exposed at subgrade, the swell potential of these soils should be mitigated to a minimum depth of three feet below subgrade. A cost effective mitigation technique consists of moisture conditioning the soil and fly -ash treating of the upper 12 inches of subgrade below pavements. Other alternative mitigation techniques could be used. Recommendations for moisture treatment of the subgrade are contained in the referenced August 31, 2000, report. Fly -ash or recommendations for other mitigation methods will be prepared based on specific subgrade conditions identified in a Subgrade and Pavement Investigation to be performed subsequent to overlot grading. If you have any questions, please call. Very Truly Yours, CTL/Thompson, Inc. Juan C. Sorensen, PE Project Engineer Review by Thomas A. Chape CPG, PE Branch Managervii( 3 CTU/THOMPSON, INC. CONSULTING ENGINEERS 375 E HORSETOOTH RD. 0 THE SHORES OFFICE PARK 0 BLDG. 3, SUITE 100 0 FT. COLLINS, O) O 0525 April 4, 2003 Susan Joy City of Fort Collins Engineering Department 281 North College Avenue J•R ENGINEERING P.O. Box 580 A Sahsidiary al Weslriaa Fort Collins, Colorado 80522 Re: SidelIill, Filing 1 — Request for Variance for Reduction in Minimum Centerline Radius Dear Susan: - Please consider this as the Variance Request to reduce the centerline radius for a portion of Sidehill Boulevard, which is considered a minor collector per traffic impact study dated July 2001 by Matthew Delich. In particular, we request a variance to, reduce the centerline from the minimum allowed of 600 feet (as required per table 7.3 Fort Collins Street Standards — Technical Design Criteria of the 2001 Larimer County Urban Area Street Standards) to the proposed 415 feet on two curve sections of Sidehill Boulevard adjacent to the proposed neighborhood park that will be located in the future phase directly north of Filing 1. As depicted on sheet 4 of 6 of the Sidehill Filing 1 plat the centerline of the curve that approaches the proposed park from the east and the curve adjacent and surrounding the southerly side of the park is designed at 415 feet. In supporting a lesser radius for the curves approaching and surrounding the proposed park compliance with neighborhood traffic safety and traffic calming is achieved. A major component in street layout is neighborhood traffic safety. Implementation of physical techniques intended to slow traffic is a reactive approach to minimize high speeds. Since significant efforts in traffic calming have been put forward on existing roadways and in the development of new roadways to provide for safer travel for all modes of transportation including pedestrian, bicycle, and vehicular we suggest that this variance is consistent with the intent of design standards for local and minor collector streets. It is not anticipated that any public health, safety, and/or welfare problems will be created by the varied design. If you have any questions or comments, or need additional information, please do not hesitate to contact me at (970) 491-9888. Thank you. Sincerely, Director of Operations 2G20 Fast Prosp— Road, Sure 190, Fort Collins, Co 80525 970-491-9888 • Fax: 970-491-9984 • wwv+jrmgM"fi-g.com 7,00 9NINH8NI9N3 NC 6866 I6P OL6 XV1 6S:ZT £OOZ/OT/t0 4-.c«- ...�C - i1C ., �" cr_,.��. be �:, �� r-�'��-o, ..— !(a�y� u�w'l � �,.L ,:3w,'T A L�'a'Z Zc :Y�i6� 'r _ TD �;c?ow --���5 .__ _ _._._ .��, .w'-� T,-cr� -,_ _..—a--+ /�iu€ ���G Fad. 2IZ Cz`.��,^' ,. � �r.`L: �_ � ._ "r r;, ., = AL:'.c:�y,-,+� - ;,�7L. �F�p� — _n, ,_ �i,FSI�.� t^.., q^' .; s` mas ...--a�-:,,x:.c. --ear= _�_, o �w�-,.:, oc,; ta:,� �;;.:: ��." ri�Pv �,�- :� ..i �,crf+-�r'�r-l- �D :-Mvc "iR: rl �c. ,.---rdl_'J Y1�r ;. J-R ENGINEERING A Sub"mry or Weshian 2620 R ProRect Rd., Suite 190, Ft. Collins, CO 80525 970-491-98.38 - FAX 970-491-9984 • www.jrengioeering.com Letter of Transmittal To.- City of Fort Collins 281 North College Avenue Fort Collins, Colorado 80522 Phone: 221-6750 Attention: Susan Joy Date: 4/10/03 Job Name: SideHill — Filing One Job Number: 39350.00 Re; Variance Letter We are sending you the following items: FlAttached F� Under separate cover ❑1 Prints ❑ Originals ❑ Disks ❑ Sepias M Documents These are transmitted as checked below: X For Approval Approved as Submitted For your use Approved as Noted As Requested Returned for Correction For Review & Comment For Recording For Bids due Plans Returned After Loan to Us If material received is not listed above, kindly notify us at once. Transmitted by: H Fed Ex Pick Up Resubmit Copies for Approval Submit Copies for Distribution R�. mrn Corrected Prints HFirst Class Mail { Messenger Certified Mail E, UPS If you have any questions or need additional information, please contact me at 970-491-9888, ext. 108. Signed Received By Copies Troy Jones, City Of Fort Collins Planning Dept, (1) letter, mail Jim Postle, James Company, (1) letter, US Mail Joe Carter, CityScape, (1) letter, US Mail Mike Brake, JR Engineering 100 in Susan Joy - Re: Sidehill TIS Page 1 From: Eric Bracke To: Susan Joy Date: 4/30/03 12:43PM Subject: Re: Sidehill TIS I left a message with Matt Delich this morning stating that in the "Response to Comments" sheet, that they need to acknowledge the fact they have an apt issue and cannot proceed to the building permit process. Eric >>> Susan Joy 04/30/03 11:46AM >>> I just got a call from Matt Dehlich saying that he "took care of this with you". I wanted to double check with you and make sure that this was true. And if so, does that mean you did get the APF analysis for the PDP? If not, do you still want it? >>> Eric Bracke 04/18/03 12:35PM >>> I believe it was part of the first TIS and it failed. I haven' seen one come in on the PDP. Eric >>> Susan Joy 04/18/03 11:27AM >>> Hello again! Did you ever get the APF analysis for the Timberline and Prospect intersection from this developement? I didn't get one with the last submittal and hoped that they sent it directly to you. Thanks very much! Susan Susan Joy - Fwd: Timberline from Prospect to Drake Page 1 From: Dave Stringer To: Katie Moore; Marc Virata; Sheri Wamhoff; Susan Joy Date: 4/30/03 3:52PM Subject: Fwd: Timberline from Prospect to Drake FYI - I know this doesn't impact the Rigden Farm projects but it's interesting information >>> Matt Baker 04/30/03 03:43PM >>> Gary, et. at; My staff spent some time preparing a conceptual estimate of Timberline based on the preliminary six -lane design work done by JR Engineering. Although I am comfortable with these figures based on the early conceptual planning, they should not be used for budgeting purposes. This would be a large and complex road construction project and actual budgeting figures should be based on the final engineering design. For discussion purposes, I have put conceptual numbers to the two options we discussed this morning. Option 1: Four Lane arterial standard, including landscaped medians, from Drake to Prospect, including construction of the ultimate configuration of the Timberline/Prospect intersection in concrete. The ultimate configuration of the Spring Creek Bridge, the Great Western Railroad crossing and purchase of ultimate ROW was also included. This is the construction option originally included in the failed transportation tax measure. Developer's Local Access Portion for Sidehill: $990,500 Developer's Local Access Portion for Mansion Park: $515,000 Street Oversizing Reimbursement: $4,500,500 Capital Improvement Portion: $5 384.000 TOTAL PROJECT COST $11,390,000 Option 2: The construction of the four lane arterial standard along the frontage of the Sidehill and Mansion Park developments, transitioning into an interim pavement adequate for four travel lanes and two bike lanes from the pipe factory property to Prospect. Interim widening at the Timberline/Prospect intersection to add auxiliary turn lanes would necessitate partial widening of the Spring Creek bridge and RR crossing This would increase capacity for all modes, with the objective of adequately relieving congestion and addressing APE issues to allow development to proceed. A future City Capital Improvement Project would be necessary to bring the road up to standards, with the purchase of additional ROW and installation of landscaped medians and curb, gutter and walk on the west side of the roadway. Developer's Local Access Portion for Sidehill: $990,500 Developer's Local Access Portion for Mansion Park: $515,000 Street Oversizing Reimbursement: $3,120,000 Interim Improvement Portion: $2 276 000 TOTAL PROJECT COST $6,902,000 As you can see, the developer's Local Access Portion remains the same because the improvements along their frontage remain the same. The Street Oversizing Reimbursement goes down because of the elimination of the landscaped median for the north half mile. The Interim Improvement Portion would be lost in the future ultimate configuration as the asphalt would need to be removed for medians. Interim bridge widening costs would not be wasted, but removal and replacement of parapet walls in the future would offset any savings. The Timberline/Prospect intersection would need future reconstruction to standard with concrete paving. Susan Joy - Fwd: Timberline from Prospect to Drake Page 2 I have sent this to everyone at this morning's meeting, so if you wish to share these conceptual estimates with additional staff, please feel free to forward. Thanks. --Matt Susan Joy - Re: SideHill Comments Page 1 From: Troy Jones To: Joe Carter, Susan Joy Date: 5/5/03 2:58PM Subject: Re: SideHill Comments Joe, Regarding comment 102 ........ as far as the contours are concerned, I'm OK with leaving them on the overall site plan if Susan Joy is OK with it. I like the notion of leaving them off the detailed site plan pages however. Regarding comment 221 ..... I think the trees should be removed on this overall site plan, unless you show all landscaping (not just some of the trees) and label the page "overall site and landscape plan." If You do this, be sure to clarify on this sheet which pages show the details of the site plan and which pages show the details of the landdcape plan. Otherwise, it doesn't work to just show some of the landscaping as it may add confusion to exactly what is vested in the approval. Hope this clarifies what you need. Let me know if you need further clarification. Troy Jones CC: Susan Joy >>> Susan Joy 04/30/03 01:11 PM >>> Hello and thanks for waiting for your answers. Bob is on vacation this whole week so I'll have to wait until then to talk to him about #221. I'm ok with showing landscaping on the site plan if planning is ok with it bu the problem with showing landscaping and grading on the site plan is that it's real easy for the plan sets to not match by the time the revisions are all said and done. If he agrees to it, we could put a note or a disclaimer on the site plan saying something to the effect of "please refer to the landscaping plans for all proposed and existing landscape materials". #102 Again, we don't show contours on the site plan because it increases the possiblity of conflicts within the different plan sets. Then the question in the field becomes "which one is right?' If you absolutely must have contours on the s'te plan, then we could put another disclaimer or note on the site plan saying something like "Grading and contours shown on the Site Plan are for concept only. Please refer to the grading plan on the utility drawings for actual grading". Something to that effect would be fine. #220 - the only typical street sections shown with the last submittal was in the landscape plans and they do not match the ones shown in the city's street standards. If I remember right, there's an optional row of trees, sidewalk or parkway or something that doubles our requirements. That's fine, you can put in extra sidewalks and trees outside the city's ROW but the city won't maintain it —but I bet you knew that already! This comment was mostly asking that the typical street sections on both the utility and landscape plans match. I talked with John Lofton a couple of weeks ago and he knew right away what I was looking for. He's great! I hope that helps you so far. 1 will get together with Bob when he gets back next week and let you know about the landscaping being shown on the site plan. Thanks Joe! Please keep the emails coming! I'm happy to help! Susan >>> "Joe Carter" <joe(c�cityscapeud.com> 04/28/03 02:51 PM >>> Susan, We have a few questions for you regarding your comments. Specifically - Susan Joy - Re: SideHill Comments Page 2 Comment # 220 Could you please expand your comment number 220? The comment states: "Coordinate the typical street sections with the utility plans. We are not sure what you would like to see within these sections. Comment number 102. We would prefer to retain the contours on this overall site plan because they provide needed grading and drainage definition to those referring to the overall site. We have specifically left them off the detailed site plan (as required). Is this OK? We can add a note that directs people to the grading plan for exact grading/drainage if that helps. Comment number 221 As stated immediately above, we would like to retain the landscaping on this site plan for overall context. This plan provides overall context for a major pedestrian feature connecting the future Rigden Farm King Soopers, the proposed transit stop on Timberline and our neighborhood park. We would like to keep these trees on this plan to emphasize this connection. We have left these trees off of the detailed site plans and would like to retain them here. In both instances (the trees and the contours) we can provide you with a copy of this overall site plan to review without these details shown if you would like. Thank you. Joe Carter Landscape Architect Cityscape Urban Design 3555 Stanford Road, Ste. 105 Fort Collins, CO 80525 (970)226-4074 phone (970) 226-4196 fax j oe(a)cityscapeud.com Transportation Services Engineering Department City of Fort Collins June 2, 2003 Mr. Jim Pestle Postle Development Company 6800 79`h Street, Suite 201 Niwot, CO 80503 RE: Side Hill Development Project Dear Mr. Pestle: is et: I understand from your engineering consultants, J.R. Engineering, that an agreement was reached last week concerning the Drake Road design associated with the Rigden Farm King Soopers project. I appreciate your cooperation with the developer and designer to the south of your Side Hill project, and I am glad you were able to work out the design issues so that the King Soopers project can proceed. The accommodation for the westbound left -turn lane on Drake Road, into Illinois Drive on the Rigden Farm site, will cause your Side Hill project to undergo some design modifications. I agree that City Engineering will incorporate the revised plan sheets into the submitted design package that is currently in review in the City staff. We will not require a separate submittal solely on the grounds of these modifications made to accommodate the Rigden Farm King Soopers development. I look forward to receiving the revised sheets from J.R. Engineering. Once again, thank you for helping to work this out so that the City's street design criteria can be properly satisfied. If you have any questions., please feel free to contact me at 221-6605. Sincerely, Cam McNair, P.E. City Engineer Susan Joy - Sidehill Hearing Date Page 1 From: Troy Jones To: Doug Moore; Susan Joy Date: 7/17/03 9:05AM Subject: Sidehill Hearing Date Doug and Susan, In the comments that went out to the applicants for Sidehill on 6/19, we gave them the following punch list of items to resolve before we can schedule a hearing. The punch list was explained in my comment # 268 as follows: "There are only a few items to clear up before we are ready to go to hearing. These items won't require a full formal submittal, however the items do need to be resolved prior to scheduling for the hearing. Here is a list of the items: (1) Susan Joy needs a revised plat informally submitted to her that addresses her plat comments; (2) Susan Joy needs the variance request resubmitted with the correction asked for; (3) The Sidehill Boulevard right-of-way, as it crosses the valley wall, may or may not have grading encroachment into the required natural habitat buffer (see issue # 146 dated 1/6/03), and needs to be coordinated with Doug Moore of Natural Resources at 224-6143. Doug needs the grading sheets of the utility plans with the buffer zones shown in order to complete his review, (4) Letters of Intent or the actual easements themselves for all off -site easements (all we have so far is legal descriptions)." I spoke with Joe Carter this morning, and he asked about shooting for an August 11th Type 1 hearing date. That would mean that we have to mail notice out by August 28th. Apparently, they are going to try to resolve the punch list by the 28th, with the exception of the mitigation plan. Joe Carter is going to call you (Doug) (he may have already this morning) to coordinate the timing of the review of the mitigation plan. I told him that I need to hear from both of you (Susan and Doug) that it's OK to schedule the hearing by the 28th in order to schedule it for August 11 Does this sound like a reasonable approach? Troy CC: Joe Carter >>> Doug Moore 07/11/03 10:52AM >>> Joe, Sorry for the delay, I got side tracked. I added a note related to allowing an encroachment in to the wood lot buffer. At this time I can't say that Natural Resources would grant this encroachment until I see plans showing what that is. Thanks, Doug >>> "Joe Carter' <oe cityscapeud.com> 7/8/03 11:04:59 AM >>> Doug, For clarification on last weeks' meeting I thought I would send you a copy of the meeting minutes. We still have questions regarding the valley wall and hopefully you can confirm the specifics of these by a response to the attached minutes. If you need information on the location of the mitigated area please let me know. The representative from JR Engineering, Randall Provencio, and I heard two completely different things regarding the valley wall and associated Susan Joy - Sidehill Hearing Date Page 2 mitigation so I need you to provide clear and concise direction on what is required. Thank you and please call if necessary. Joe Carter Landscape Architect Cityscape Urban Design 3555 Stanford Road, Ste. 105 Fort Collins, CO 80525 (970)226-4074 phone (970) 226-4196 fax j oe(aicityscapeud.com CC: Joe Carter July 21, 2003 Susan Joy City of Fort Collins Engineering Department 281 North College Avenue P.O. Box 580 Fort Collins, Colorado 80522 J R ENGINEERING Re: SideHill, Filing 1 — Request for Variance for Reduction in Minimum Centerline Radius Dear Susan: Please consider this as the Variance Request to reduce the centerline radius for a portion of Sidehill Boulevard, which is considered a minor collector per traffic impact study dated July 2001 by Matthew Delich. In particular, we request a variance to reduce the centerline from the minimum allowed of 600 feet (as required per table 7.3 Fort Collins Street Standards — Technical Design Criteria of the 2001 Larimer County Urban Area Street Standards) to the proposed 415 feet on two curve sections of Sidehill Boulevard adjacent to the proposed neighborhood park that will be located in the future phase directly north of Filing 1. As depicted on sheet 4 of 6 of the Sidehill Filing I plat the centerline of the curve that approaches the proposed park from the east and the curve adjacent and surrounding the southerly side of the park is designed at 415 feet. The design speed for a minor collector per standard is 40 mph with an assumed average running speed of 36 mph. The average safe running speed equates to a minimum radius of 600 feet for a balanced geometrically designed roadway. Because of the proximity of this proposed roadway to a park a practical posted speed would be 25 mph. A calculated minimum safe radius utilizing the simplified curve formula as expressed in Chapter III of A Policy on Geometric Design of Highways and Streets, 1990 would be 231 feet for this speed. This considers using a side friction factor of 0.18, which has been concluded to he a safe side friction factor for speeds from 25 to 30 mph based on definitive tests. Allowing it design radius of 415 feet would provide safe traveling speeds up to 33 mph assuming the same parameters. Therefore, no public health, safety, and/or welfare problems will be created by the varied design. If you have any questions or comments, or need additional information, please do not hesitate to contact me at (970) 491-9888. Thank you. Sincerely, JR Engineering j; Michael Brake, PE, PLS Director of Operations 2620 Lin Rmcpen Road Sim, 190, Fort Collin,, CO 80525 970-191-9888 • Rix: 970-491 -9984 • www.jrengincering.com Tfl flnsPLFln ln179500ArE5 /i1C, Consulting Engineers DEC 2 S 2000 December 27, 2000 u,=`.. � - DCCOM,pP.Ny, NC. Mr. Bary Sherman DCB Construction 909 E. 62i" Avenue Denver, CO 80216 RE: Midpoint Self Storage Traffic Impact Study Addendum Mr Sherman: This letter provides a response to the City of Fort Collins comments to the Draft Traffic Impact Studv letter dated September 15, 2000. The City staff notes a few minor comments in an Octoi)er - , 2000 project comment sheet, and this letter serves as written documentation acknowledging the comments. The comments to the traffic study concern the following: l) Clarification that right-of-wav dedication will be required for the extension of Sharp Point Drive with development of the lot adjacent to the Midpoint Self Storage site 2) Clarification that the cross -sections for Midpoint and Sharp Point Drives includes two travel lanes and bike lanes. not parking lanes 3) Only the short-term scenario was evaluated for the site traffic, there is no discussion about the studv intersections over the long-term Right-(A-»av and Cross -Sections The traffic impact study documents that there are plans to extend Sharp Point Drive to the south of the intersection with Midpoint Drive. As indicated in the City's comments, right-of-way dedication will lee required 1.vith the development of the lot adjacent to the proposed mini -storage fhciiity. file site plan on Figure 2 of the traffic study letter does show the extension of the right- of-way. As noted by the City. the cross -sections of Midpoint Drive and Sharp Point Drive provide for two travci lanes and nvo mike lanes rather than the parking lanes that were referenced on page of Ile traTCtc studv letter. The site plan provides for parking within the site. and the a'oscncc of on -,meet parking is cviil not effect site operations. Lone -Term Scenario P er dISCuSSIU[ls with the Citds uaffic cngincer. the midnonu Self Storage site is projected to r3T3 ,vainur Street, Scare 211 • Boulder, Cororaeo 30302-5263 Telephone: (302) 442-3130 • Facsimile.' (303) 142-3139 Susan Joy - Temporary Construction Easement for Cargill Property - Sidehill Project Page 1 From: <MBrake@JREngineering.com> To: <sjoy@fcgov.com>, <bhamdan@ci.fort-collins.co.us>, <joe@cityscapeud.com> <dwenzinger@jamescolorado.com>, <jpostle@postledevelopment.com> Date: 7/25/03 5:22PM Subject: Temporary Construction Easement for Cargill Property - Sidehill Project Susan, this is to confirm your phone discussion today with Jon Lofton regarding the Temporary Construction Easement on the Cargill Property. As discussed with Jon an early design for the Sidehill project had a drainage swale located along the common property line between the Sidehill project and Cargill property. Due to Cargill owners not allowing improvements on their property the swale is designed to be completely within the Sidehill project. Therefore no construction will occur outside of the Sidehill project along this property line and a need for a temporary construction easement does not exist. The discussion with yourself and Basil Hampdan resolved that if construction does not go outside of the Sidehill project then an easement will not be required. Therefore I am requesting on behalf of the James Company that the condition of a temporary construction easement across the Cargill property be presented to the City not be a condition of scheduling a hearing. If you should have any concerns or do not accept this request please contact me or a James Company representative. Thanks Susan Michael Brake, PE-PLS Director of Operations JR Engineering 2620 E. Prospect Road, Suite 190 Fort Collins, Colorado 80525 970-491-9888 970-491-9984 CC: <jlofton@JREngineering.com>, <RProvencio@JREngineering.com> Susan Joy - Fwd: SideHill and Timberline Road Page 1 From: Cam McNair To: Don Bachman, Matt Baker, Ron Phillips; Susan Joy Date: 8/21 /03 9:49AM Subject: Fwd: SideHill and Timberline Road Reply requested when convenient The attached message from John Beauparlant (the ex -Thornton SO expert) has several questions. I need your help in responding. 1. Susan, let's talk about the Development Agreement and when a draft can be released for them to begin filling in the blanks. 2. Ron, the question in the last paragraph concerning APF makes reference to your last letter. I believe the answer is that it is true that the interim improvements would make the Timberline -Prospect intersection acceptable for APF purposes. I guess the real question is whether we can commit to that in writing. Matt, paragraph #1 is a heads -up for you. Thanks everyone for your help on this. Cam CC: Sheri Wamhoff Susan Joy - Re: SideHill and Timberline Road Page 1 From: Cam McNair To: John Beauparlant Date: 8/22/03 3:35PM Subject: Re: SideHill and Timberline Road John, This is a first response to your message from a couple of days ago. First, Matt is the correct person to work with on the details of the potential district. He will be very glad to help in that regard. It appears that the two of you have considerable experience in the mechanics of SIDS, so your working with Matt directly on which properties might be appropriate to include, assessments, schedule and so forth would be fine. Second, Susan should have recently sent you a form entitled "Information for Development Agreements". Please complete and return it as soon as you can. The "boiler plate' DA has also been provided to your company previously. A lot of the details that need to be included in the DA will depend on the Final Plans for your development, as well as the decisions that are yet to be made concerning the SID, the APF questions, and some design questions on Timberline Road as they relate to your connecting streets and utilities. Our folks will work with yours very carefully to insure that this contract covers all salient points. Third, we will need a little more time to get you a properly coordinated response on the question of the interim Timberline improvements as they relate to the APF situation. I will contact you next week with more information as it becomes available. Thanks, Cam McNair, PE City Engineer 281 North College Avenue Fort Collins, CO 805:22-0580 Phone:970-221-6605 Fax:970-221-6378 E-mail: cmcnair@fcgov.com >>> "John Beauparlannt° < beau parlant@jamescolorado.com> 08/20/03 10:55AM >>> Cam, It was an interesting meeting yesterday, and I thank you for coming by afterward to introduce yourself. It is rare when a City offers to help solve a problem associated with a Code provision, so we are most grateful for the positive approach. It should be a very interesting pursuit. I will take one more look at a potential SID and will give Matt Baker a call when I have that done to see if we can sit down and discuss specifics of which properties might be included, how assessments might be made, schedule, etc. Maybe we can do that next week sometime. On a totally separate, but very much related, topic, we have been told by Susan Joy that we will not be able to receive a draft of the project -specific Development Agreement until we have made what she refers to as our "final compliance submittal." We are hoping to get that done as soon as possible, but I wonder if it might be at all possible to release the draft of the DA for our review in anticipation of receiving the revised plans from our consultants. As is the case with everything, of course, we are always wanting to get things done yesterday. Susan Joy - Re: SideHill and Timberline Road Page 2 As far as the Adequate Public Facilities (APF) compliance is concerned, we are wondering if we could receive a written commitment from the City stating that the "reduced scope" set of improvements would, in fact, satisfy the APF requirements insofar as the development of our parcel and the Cumberland parcel. Ron Phillips' letter intimates that the interim section would be satisfactory, but it doesn't expressly state this. Should I contact Ron directly for this clarification? Thanks so much again for meeting with us on a fairly complicated issue. We look forward to proceeding with our project. John Beauparlant, AICP Entitlement Manager JamesCompany 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Voice: 303-443-6666 Fax: 303-443-6777 <mailto:ieauparlant((�iamescolorado.com> jbeauparlant(o)iamescolorado.com CC: Brock Chapman; Dan Wenzinger; Don Bachman; eeckberg@englehomes.com; Matt Baker; Ron Phillips; Steve Maguire; Susan Joy Susan Joy - Re: Fwd: SideHill and Timberline Road Page 1 From: Ron Phillips To: Cam McNair; Don Bachman; Matt Baker; Susan Joy Date: 8/25/03 9:48AM Subject: Re: Fwd: SideHill and Timberline Road Since we don't have a design yet, I think a "commitment" is difficult. We have given them our best shot for now. I have asked them for a letter of "intent" on their willingness to participate that we can use with the City Council to try and get this issue on the ballot - I did not ask them for a "commitment." If you disagree, let me know. Without a design, I think the description of what we intend to build is difficult to develop. 10. 40 >>> Cam McNair 08/21/03 09:49AM >>> The attached message from John Beauparlant (the ex -Thornton SID expert) has several questions. I need your help in responding. 1. Susan, let's talk about the Development Agreement and when a draft can be released for them to begin filling in the blanks. 2. Ron, the question in the last paragraph concerning APF makes reference to your last letter. I believe the answer is that it is true that the interim improvements would make the Timberline -Prospect intersection acceptable for APF purposes. I guess the real question is whether we can commit to that in writing. Matt, paragraph #1 is a heads -up for you. Thanks everyone for your help on this. Cam CC: Sheri Wamhoff 09/09/2003 14:24 3034436777 w_U'J-2UU3 WED O9 28 AM CFO EM, JAMES COMPANY FAX NO. 9702216378 PAGE 02/03 P. 02 Development Review Engineering pe_partment Project: Attention: iie'A Al o y DEVELOPMENT AGREEMENT INFORMATION The following information Is needed to Agreement related to the project listed above. �e n�r and return this form to the Development Rowew Lngineanng ueparmuirn, purposgs only_and i. Lot',• t0 by oonstrue_1 ant s the actual Develoomenl AgreemeIt requires nq sjgn to ures. Please contact Susan Joy at 0701221-6606 and/or e-mail: Joy_Q(g43ov.uam if you have any questions. The roan may be returned by fax at 970122.1-6378, The information you provide should match that shown on the plat, (Please type or print clearly) Proposed Development Name _, MZ tit+ + _ Contact Person Address Phone Number Provide the complete nime(s) of the Entlty(s) who is/are develoOing the site. Include the type of organization. ([xampios are as foilowW Development Innovations, Inc., a Delaware corporation; or AEC Partners, a Nebraska general partnership; or John Z, Doo, an individual). _ wR IT6 s = .fatly°j ivtisusw�idn- 2. Provide the complete names) and tiUe(s) of the Individual(s) who will sign the Development Agreement for the Developers) listed in item 1. The Individuals must be officers for the development En6ty(s) of the individual(s). Also include the name and title of the parson who will sign as an Attest for corporations. Please note: if It Is a corporation — you need an officer (1,a, President, Vice President) and Secretary for to attest If there Isn't a Secretary, then a corporate seat is required. If it Is a partnership — the General Partner must sign the agreement. No attest is needed, If It Is an LLC — a Managor must sign the agreement, No attest is needed. If It Is an Individual —the Individual must sign the agreement No attest is nsedad, lrNlaM� TRLE �as°.r`n�sr�n.fC �T fC'£iT 281 North Collego Avenue • P,o, Box 380 • Port COtlins, CA 80622-OMO 97OWl -6760 FAX; 970/221.6376 • TDD: 9701224.6002 09/09/2003 14:24 3034436777 JAMES COMPANY PAGE 03/03 SEP-03-2003 WED 09;29 AM CFC ENG, FAX NO, 9702216378 P. 03 3. Provide the complete nanle(s) of the Lntlty(s) who islare the Owner(s). Include the type of organir..ntion. (Examples are as follows: Development Innovations, Inc-, a Delaware corporation; or ABC Partners, a Nebraska general psnnershlp; or John Z. Doe, an individual) If different from the Developer, 1VAMP TITLE Provide the complete name(s) and btie(s) of the individuals) wlic will sign the Development Agreement for the Owner listed in item !. The Individual(s) must be an officer(s) for the Owner. Please note: If it Is a corporation -- you need an officer (i.fl. President, Vice President) and Secretary for to attest. It there isn't a Secretary, then a corporate seal is required. If it is a partnership — the General Partner must sign the agreement. No attest is needed. If it is an LLC — a Manager must sign the agreement. No ntlest is needed. If it is an Individual —the individual must sign the agreement. No attest is needed, NAME:. TITLE AT F� §T 6. Explain any relationship between the Developer and the Owner for this development project In addition, explain any transfers or property ownership that will take place before construction of iris project begins, -this information is needed to clarify the responslbilitles for development. Susan Joy - Fwd: City Council Results from September 2 Page 1 From: Dave Stringer To: Katie Moore; Marc Virata; Sheri Wamhoff; Susan Joy Date: 9/4/03 9:57AM Subject: Fwd: City Council Results from September 2 Interesting developments for Timberline/Prospect >>> Ron Phillips 09/03/03 03:01 PM >>> Brock, Dan, Steve and John, Unfortunately, the proposed ballot issue that would have moved funds from two other projects to build the Timberline and Harmony Road projects was not approved by the City Council last night. So, the ability to build the full improvements on Timberline is now doubtful, unless other funds become available. It is my opinion that we should continue to pursue the SID option for the interim level improvements. The SID amendment ordinance was passed unanimously on consent last night, although two Council members had questions of clarification they want answered before second reading in 2 weeks. Alan Krcmarik is working on those answers. (John, every reading of an ordinance is a public hearing, but this will be on consent again for second reading. It can however, be pulled off of the consent agenda by a member of the public or a member of the Council to be discussed separately.) It is my opinion that we should continue working towards the funding solution for the interim improvements for Timberline as we have discussed. The rubber will meet the road, so to speak, when we take the ordinance establishing the SID to the Council for approval. Since they have taken this position on the ballot issue, there is always the chance they might not approve the SID as well. Personally, I think that will not be the result, but I have been wrong before. I propose that we go to second reading on the ordinance amending the SID portion of the Code relating to assessments, that we review the letter of intent draft you sent us yesterday and discuss any necessary changes in it, and that we continue down this SID formation path to a future Council meeting where we find out if they approve it or not. I am sure we will get some feedback from them in the meantime on whether there are problems or not, but, as we experienced again last night, you cannot always depend on that. Ron >>> "John Beauparlant"<Ibeauparlant(a�iamescolorado.com> 09/03/03 11:27AM >>> Ron and Steve, I see on the City's web site that the proposed Code revision pertaining to assessments passed on Consent by a 6-0 vote. That is good news, and I assume there was no discussion. What is the next step? Is second reading a hearing? If so, I assume we should be present? Also, I assume there is some sort of referendum/appeal period after adoption/publication before the new provision becomes effective? I wonder if one of you could send me an overall time line. I imagine that the City can start on the SID formation while the Code revision is going through the process. We would definitely appreciate being able to get going on this, as we know it is a fairly time-consuming process. I have called Matt Baker a couple of times to set up a meeting to discuss details; 1 wonder if we could do that fairly soon. Susan Joy - Fwd: City Council Results from September 2 Page 2 I also heard from Susan Joy that the proposed ballot issue did not pass. Could you fill us in on that? I assume that means that the full set of Timberline improvements cannot be done until some future time, but we can still proceed with the reduced scope, and that the reduced scope will still satisfy the APF issue. Susan also mentioned that she really didn't know how to address the APF issue in our Development Agreement. Please let me know your thoughts. And thanks again for all the hard work. John Beauparlant, AICP Entitlement Manager JamesCompany 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Voice: 303-443-6666 Fax 303-443-6777 <mailto:ieauparlant(a)iamescolorado.com> Ieauparlant(a)iamescolorado.com Susan Joy - SideHill - Nancy Gray Boulevard Page 1 From: "Joe Carter" <joe@cityscapeud.com> To: 'Troy Jones" <tjones@fcgov.com> Date: 9/11103 7:56AM Subject: Sidel-lill - Nancy Gray Boulevard Troy, Since the primary road though the site was a collector, we were told that we needed to name this road after a deceased community figure. Through my discussions with you and Ginger I was led to Ted since he is the holder of the "Famous Dead Guy List". Through my discussions with Ted we determined that we would like to use the name of Nancy Gray and would like to consider the collector from Timberline Road to the Rail Road Tracks as Nancy Gray Boulevard We provided Ted with a simple graphic showing that there were medians and a neighborhood park located along this road and I believe that Ted concurred with our estimation that this road could be considered a boulevard. The remaining section of road, from Drake Road to the proposed roundabout should not be considered a boulevard since there are no medians. This road is still a collector and we would like to call it Miles House Road. We would prefer to use both Mlles and House combined since "House" has several connotations. Please let me know if this resolves the street naming issue. If we need to discuss this further please let me know. I have a call into Jeff H'11 to resolve his comments. I will also get you copies of the revised lighting plan and revised building electrical plan by Friday/Monday. Thank you. Joe Carter Landscape Architect Cityscape Urban Design 3555 Stanford Road, Ste. 105 Fort Collins, CO 80525 (970)226-4074 phone (970) 226-4196 fax joe@cityscapeud.com CC: <tshepard@fcgov.com>, "Randall K. Provencio" <rprovencio@jrengineering.com> Memorandum December 19, 2002 To: From: Katic Moore, Development Review Engineer Re: Mansion Park, Timberline Design The following is a summary of the conclusions reached at the City's Transportation Coordination meeting on'I'hunsday, December 19, 2002: Mansion Park is responsible for the full design of Timberline along the property frontage. Timberline also needs to be designed offsite to the north through the intersection at Prospect, showing the horizontal I I alignment, the centerline profile of Timberline, and any further information needed to verify that the design will work to City Standards. This design should maintain the current elevation of the railroad trucks and, if possible, should accommodate any trees that the City Forester requires to he maintained c�. n,ut it uniici atc�I that �'tc pruposcd roads+u� coming into Pie crc.t n1 (h� hill till ha i., _il, r, �h. ceistinecicco�ion. The redesign of the Prospect/Timberline intersection will need to be included as well, holding the east curb line in its current location. It is highly encouraged that the engineers from Mansion Park coordinate with the engineers of the Side Hill development directly across Timberline for the design of Timberline, and Development Review Engineering will schedule a meeting to facilitate this coordination. The PD11 for Mansion Park may be approved a i;h conditions pertaino - to h, A111 " j by the Planning and Zoning Board 1.,r 11 at in.: ()ill, cr after the above designs have been completed, I loccr. i!n Final Compliance will not be approved and plans signed off, nor kill a Devclopinow sli�rccmcnr be stared. or until the APF issues at the Timberline -Prospect intersection have been solved by the design and construction of improvements to the intersection either by the City or by private develop i � .:, t i � l .ihitul Pool, It in cuusUuct the nrgt rid imprun n": °it.. Susan Joy - Re: Fwd: SideHill - Nancy Gray Boulevard Page 1 From: To: Date: Subject: Ted Shepard J.R. Wilson, Jim Hoff, Susan Joy, Troy Jones 9/11/03 9:55AM Re: Fwd: SideHill - Nancy Gray Boulevard Nancy Gray and Miles House are both approved for collector names. If there is a planted median strip, then it can be called a "Boulevard." Take an overall map over to J.R. to check alignments and directional changes to see where is the best place for a name break. There is logic in extending the name "Sharp Point" over to Drake but I defer to J.R. >>> Troy Jones 09/11/03 09:08AM >>> JR & Ted, Can Nancy Gray be named a boulevard? It sounds like it has medians. Does Miles House Road work as a collector road name. I wonder if the name Sharp Point Drive should be used for the entire length between Drake, crossing the Railroad tracks, and connecting to the existing Sharp Point Drive. They both would be generally north -south streets. See attached e-mail, and please let me know what you think. Troy CC: Susan Joy, Jim Hoff Susan Joy- Re: Heads -Ups Page 1 From: To: Date: Subject: Thanks, Cam. Ron Phillips Cam McNair; Gary Diede 9/11/03 5:18PM Re: Heads -Ups 1. You please contact the James Co. 2. 1 agree that those parties need to work this out, but it seems to me that the limo cc. is responsible. How dumb can someone be?! Ron >>> Cam McNair 09/11/03 04:07PM >>> Ron amd Gary, I need to give you a couple of heads -ups: (1) RE: the Sidehill development (NE Timberline @ Drake, the James Company proposal) - as you know the developer has been pushing to get their development agreement (DA) going. We had a meeting today involving Eric, Mark J., Matt, Dave, Susan Joy and myself to discuss some of the DA requirements. For one thing, the developer needs to design its Timberline frontage, plus continue the "grade and ground lines" (basic design) for 1000-ft beyond the north boundary of the property. This is to insure that future street improvements can meet our standards, and that everything fits together properly. Some of the design costs, for the oversize portions, are reimbursable. So far, the plans submitted on this project have not included any design work on Timberline, probably because we all thought the City would be taking over the design effort. However, today we are not in position to do that. So we believe that this development should be treated like all others and take care of its design requirements on Timberline. The other item the DA needs to mention is APE. We will simply make a reference to the City's APF requirements in the DA, and note that no building permits can be issued on this project until the APF requirements are satisfied. I think we should call them instead of just sending out the draft DA. Would you like me to communicate these things to Dan Wenzinger at the James Company, or would you or Don prefer to do that? (2) RE: the Slurry Seal project - on a more mundane matter, the slurry seal operation was out on Wheaton today. Someone drove a white limo past 2 sets of warning signs and a ROAD CLOSED barricade. The fresh asphalt slurry was damaged and had to be redone, and the white limo and a driveway will need to be cleaned. The driver of the limo was pretty upset. We believe this is a matter for our contractor (Inter -Mountain Slurry Seal) and the limo owner and their respective insurance companies to sort out. We will file an incident report with Risk Management. Just wanted you to know in case this person goes to the City Manager. Hope you're having a nice day! Cam CC: Dave Stringer; Don Bachman; Eric Bracke; Matt Baker; Polly Bennett; Rick Richter; Susan Joy Susan Joy - Sidehill Page 1 From: To: Date: Subject: Cam, Dave Stringer Cam McNair 9/12/03 10:09AM Sidehill There is another issue with Sidehill that I believe you need to be aware of. Sidehill has a ground water under drain system which outfalls off of their site into some channel that is along the Railroad property. Naturally, we have been asking for this off -site easement prior to final compliance approval of their civil plans. In Susan's latest conversation with John Beauparlant of the James Company he doesn't believe we have the right to request this easement since it's between parties other then the City. Is important that we know this easement has been granted so we know what is being proposed is functional. In addition, to the easement the out fall is being proposed to tie into a channel to be built by Rigden 6th filing. Since the Rigden plans are not approved yet is the responsibility of Sidehill to design and build the Rigden channel if it isn't built before the Sidehill project starts construction. Susan is calling Mr. Beauparlant to relay this information to him again and she suspects that he will go right to the top since he believes that upper management is relieving this developer of their normal obligations as it relates to development requirements. Dave CC: Susan Joy Susan Joy - Re: Sidehill Page 1 From: Dave Stringer To: Cam McNair Date: 9/12/03 11:22AM Subject: Re: Sidehill Cam, Paul's response to me is " If we require the subdrain system, the we certainly have the right to sign a copy of the signed easement document" I believe we need the document. As far as I know we have not issued encroachment permits for sub drain systems built with development, should we be? Yes, this is the out fall for the subdrain. If they were to build a system with out this the sub drain won't function correctly. I have been told that the developers engineer has ben telling the developer about these issues with the sub drain for some time now and the developer has chosen to ignore/delay the issue. Dave >>> Cam McNair 09/12/03 10:18AM >>> I talked to John B. last evening, and he said the same thing to me about that private easement. Can you check with Paul Eckman and see if we can legally require them to provide us a copy of this private easement agreement? I agree with you that we need to insure that it is done. Also, won't they need an encroachment permit from us to put their private sub -drain line in City ROW? Maybe that gives us some more leverage, if we need it. Do they need to install this sub -drain line with their first phase? Can this requirement to provide us a copy of the easement be made a part of a later phase? Let's get together to talk this over some more Thanks, Cam >>> "Dave Stringer" <DSTRINGER(7a fcgov.com> 09/12/03 10:09AM >>> Cam, There is another issue with Sidehill that I believe you need to be aware of. Sidehill has a ground water under drain system which outfalls off of their site into some channel that is along the Railroad property. Naturally, we have been asking for this off -site easement prior to final compliance approval of their civil plans. In Susan's latest conversation with John Beauparlant of the James Company he doesn't believe we have the right to request this easement since it's between parties other then the City. Is important that we know this easement has been granted so we know what is being proposed is functional. In addition, to the easement the out fall is being proposed to tie into a channel to be built by Rigden 6th filing. Since the Rigden plans are not approved yet is the responsibility of Sidehill to design and build the Rigden channel if it isn't built before the Sidehill project starts construction. Susan is calling Mr. Beauparlant to relay this information to him again and she suspects that he will go right to the top since he believes that Susan Joy -Re Sidehill Page 2 upper management is relieving this developer of their normal obligations as it relates to development requirements. Dave CC: Susan Joy Susan Joy - Re: SideHill Filing 1 Page 1 From: Troy Jones To: John Beauparlant; Susan Joy Date: 9/12103 4:07PM Subject: Re: SideHill Filing 1 John, I will change our database to reflect you as the applicant rather than Cityscape Urban Design if you would like. Any future formal written comments will be then be directed to you. I don't think we really have much in the line of formal written comments to go on this. We are now in the level of detail in the finalizaion of this where Joe Carter and Randall Provincio are working closely on many minor details. Using you to communicate with them would be quite cumbersome if you are to be the primary contact for this level of detail. 1 suggest that you ask Joe and Randall to keep you informed to that level of detail. I will however send you any formal correspondence. Troy Jones >>> Susan Joy 09/12/03 08:26AM >>> I have copied your planner on this request. Please work with Troy Jones directly in order to receive copies of all the department's comments (221-6750) as I can only forward you my comments from engineering. Your question about the lighting is not an engineering issue. Troy can help you with that also. Susan >>> "John Beauparlant"<ieauparlant(d,)iamescolorado.com> 09/08/03 02:12PM >>> Susan, I was wondering if you have received everything you need from us and/or our consultants in order to draft the Development Agreement for Filing 1. It is my understanding that there was a small lighting issue? Also, I wonder if you could send all your future comments pertaining to SideHill directly to me. You can certainly copy Joe Carter or Eldon Ward or Randall Provencio, but it is important that I get your comments firsthand, as they are issued. Rob Thorsheim of Engle Homes and I have sort of split up our joint venture projects, and I have been anointed as the project manager for SideHill. I will also be working with Matt Baker in the formation of the SID that we hope can be used to help finance the Timberline Road improvements. Please let me know if there is anything you are needing to proceed with the agreement for Filing/Phase 1. Thanks so much! John Beauparlant, AICP Entitlement Manager JamesCompany 2919 Valmont Road, Suite 204 Susan Joy - Re: Heads -Ups Page 1 From: To: Date: Subject: Ron Phillips Cam McNair; Gary Diede 9/15/03 9:09AM Re: Heads -Ups I agree. I sent it on to the CAO and Alan K. so that all involved in the discussion are aware of it. Ron >>> Gary Diede 09/12/03 09:22AM >>> Cam, this all sounds reasonable and you have my support. Gary >>> Cam McNair 09/11/03 04:07PM >>> Ron amd Gary, I need to give you a couple of heads -ups: (1) RE: the Sidehill development (NE Timberline @ Drake, the James Company proposal) - as you know the developer has been pushing to get their development agreement (DA) going. We had a meeting today involving Eric, Mark J., Matt, Dave, Susan Joy and myself to discuss some of the DA requirements. For one thing, the developer needs to design its Timberline frontage, plus continue the "grade and ground lines" (basic design) for 1000-ft beyond the north boundary of the property. This is to insure that future street improvements can meet our standards, and that everything fits together properly. Some of the design costs, for the oversize portions, are reimbursable. So far, the plans submitted on this project have not included any design work on Timberline, probably because we all thought the City would be taking over the design effort. However, today we are not in position to do that. So we believe that this development should be treated like all others and take care of its design requirements on Timberline. The other item the DA needs to mention is APF. We will simply make a reference to the City's APF requirements in the DA, and note that no building permits can be issued on this project until the APF requirements are satisfied. I think we should call them instead of just sending out the draft DA. Would you like me to communicate these things to Dan Wenzinger at the James Company, or would you or Don prefer to do that? (2) RE: the Slurry Seal project - on a more mundane matter, the slurry seal operation was out on Wheaton today. Someone drove a white limo past 2 sets of warning signs and a ROAD CLOSED barricade. The fresh asphalt slurry was damaged and had to be redone, and the white limo and a driveway will need to be cleaned. The driver of the limo was pretty upset. We believe this is a matter for our contractor (Inter -Mountain Slurry Seal) and the limo owner and their respective insurance companies to sort out. We will file an incident report with Risk Management. Just wanted you to know in case this person goes to the City Manager. Hope you're having a nice day! Cam CC: Dave Stringer; Don Bachman; Eric Bracke; Matt Baker; Polly Bennett; Rick Richter; Susan Joy Susan Joy -Re Sidehill Page 1 From: To: Date: Subject: Dave and Susan, Cam McNair Dave Stringer 9/15/03 3:18PM Re: Sidehill OK, let's go ahead and require proof that the easement has been granted, or at least that there is a letter of intent to grant it. Since it will need to be built in Phase 1, this will be needed before they can start any construction. As for the encroachment permit, I would like to ask you to go over the plan with Rick and Bill Benson, and see if they need a permit in order to establish a record of this, separate from the utility plans. We are dealing with more and more of these kinds of "private" facilities in the public ROW (such as fiber -optics lines for CSU, etc.), so it may be important to have a record of this sub -drain. For those sub -drains that are located in the sewer trenches, maybe we don't need a permit or separate record for those. Let's discuss this some more with Rick when he's back. Thanks, Cam >>> Dave Stringer 09/12/03 11:22AM >>> Cam, Paul's response to me is " If we require the subdrain system, the we certainly have the right to sign a copy of the signed easement document" I believe we need the document. As far as I know we have not issued encroachment permits for sub drain systems built with development, should we be? Yes, this is the out fall for the subdrain. If they were to build a system with out this the sub drain won't function correctly. I have been told that the developers engineer has ben telling the developer about these issues with the sub drain for some time now and the developer has chosen to ignore/delay the issue. Dave >>> Cam McNair 09/12/03 10:18AM >>> I talked to John B. last evening, and he said the same thing to me about that private easement. Can you check with Paul Eckman and see if we can legally require them to provide us a copy of this private easement agreement? I agree with you that we need to insure that it is done. Also, won't they need an encroachment permit from us to put their private sub -drain line in City ROW? Maybe that gives us some more leverage, if we need it. Do they need to install this sub -drain line with their first phase? Can this requirement to provide us a copy of the easement be made a part of a later phase? Let's get together to talk this over some more Thanks, Cam >>> "Dave Stringer" <DSTRINGER(a)fcgov.com> 09/12/03 10:09AM >>> Cam, There is another issue with Sidehill that I believe you need to be aware of. Susan Joy - Re: Sidehill Page 2 Sidehill has a ground water under drain system which outfalls off of their site into some channel that is along the Railroad property. Naturally, we have been asking for this off -site easement prior to final compliance approval of their civil plans. In Susan's latest conversation with John Beauparlant of the James Company he doesn't believe we have the right to request this easement since it's between parties other then the City. Is important that we know this easement has been granted so we know what is being proposed is functional. In addition, to the easement the out fall is being proposed to tie into a channel to be built by Rigden 6th filing. Since the Rigden plans are not approved yet is the responsibility of Sidehill to design and build the Rigden channel if it isn't built before the Sidehill project starts construction. Susan is calling Mr. Beauparlant to relay this information to him again and she suspects that he will go right to the top since he believes that upper management is relieving this developer of their normal obligations as it relates to development requirements. Dave CC: Susan Joy Susan Joy - Re: Timberline Road SID and SideHill Developer's Agreement Page 1 From: Cam McNair To: John Beauparlant Date: 9/16/03 1:36PM Subject: Re: Timberline Road SID and SideHill Developer's Agreement John, I will be happy to meet with you this afternoon. Why don't you plan to stop by my office at 281 North College Avenue around 4:30. 1 will ask some of our staff to join us, and we can discuss the Development Agreement, sub -drain easement, Timberline design, and any other issues you think we need to address. Without going into a lot of detail, let me provide a few preliminary answers to some of your questions. On tonight's Council item, we don't expect any opposition to the ordinance change that Steve drafted. This is a second reading tonight, and the item passed unanimously on first reading two weeks ago. The sub -drain easement is a sticky issue. The sub -drain system appears to be a vital part of the project design, and the easement is needed for the outfall from this system. Let's discuss this further this afternoon. Up until two weeks ago, we fully expected to take the lead on the design and construction of the Timberline improvements. Now, however, we do not have the means to do so. It will be necessary for the developments to perform the design of Timberline, and a portion of the design costs will be reimbursed. The City can still manage the construction. As I told you on the phone last week, I do not believe the SID should cover the frontage improvements that the developments are responsible for providing directly. Only the costs of the interim improvements north of the developing properties and thru the Prospect intersection should be included in the SID, in my opinion. Others with more experience on SIDS may want to contradict me on this, and I am of course always open to suggestions on better ways to organize the financing and the work that needs to be done. See you this afternoon, Cam >>> "John Beauparlant"<jbeau parlant@jamescolorado.com> 09/16/03 09:55AM >>> Ron, Cam & Steve, I thought I would touch base with you on these two interdependent items to see what we can do to move both of them forward. We had been hoping to close on the Spring Hill Farm (Johnson) property on October 1, but it is unlikely that we would want to do so without having had a chance to review a draft of the Developer's Agreement (DA) first. So that is a very important item. After speaking with Susan Joy and then you, Cam, on the timing of the DA, I am hoping that the two crucial items -the private underdrain easement through the McDowell property and the Timberline Road improvements -can be adequately addressed in it as follows: Underdrain Easement The DA could require that the actual easements be signed and recorded prior to any individual dwelling unit building permits being issued by the City. I spoke with John Scott of Anderson Consulting, which was retained by McDowell to review the entire underdrain system across his property, and he noted that it would be another six or eight weeks until Susan Joy - Re: Mansion Park Timberline Design Page 1 From: Cam McNair To: Dave Stringer, Eric Bracket Kathleen Reavis; Katie Moore, Marc Virata; Mark Jackson, Matt Baker, hike Herzig, Sheri Wamhoff; Susan Joy, Tom Reiff, Ward Stanford Date: 12/19/02 4:05PM Subject: Re: Mansion Park Timberline Design Good memo Katie. 2 suggestions: 1. Make it clear that the level of design for the off -site portion of Timberline is to a preliminary engineering level, not final design. 2. In the final paragraph, the APF issues can be solved by having funds appropriated to design and build the improvements - the actual design and construction does not need to be accomplished before PDP approval. Thanks, Cam >>> Katie Moore 12/19/02 02:48PM >>> Hello all, I've put together a little memo regarding the decisions we made this morning about Mansion Park and the design of Timberline up to Prospect. (see attachment) If I have misunderstood or mis-stated something, please let me know. Thank you, Katie Susan Joy - Re: Timberline Road SID and SideHill Developer's Agreement Page 2 they had everything completed and McDowell would possibly be in a position to sign the easement for SideHill. Needless to say, if we had to wait for this to happen before we would be allowed to start our grading, we would be way behind the eight ball. Is it possible for us to address the underdrain easements in this fashion? I believe this would permit both JamesCompany and the City to move forward with some certainty on this item. One other possibility we (James) might want to pursue is that underdrains are not actually required (according to our engineers' opinion) for Filing 1. We do intend to provide them for Filing 1, however. Timberline Road The Timberline Road (and Timberline/Prospect intersection) improvements issue is a bit more complicated, however, I also believe that this item can be addressed in general terms in the DA. After our big meeting at the City on 19 August, both Cumberland Companies and JamesCompany were under the impression that we would be pursuing the formation of a Special Improvement District through which to finance the requisite improvements. At that time, it had not yet been determined whether the City Council would support a ballot measure that, if passed, would potentially permit the transfer of funds from one project to another and, thereby, perhaps allow the completion of the full set of Timberline improvements. However, we were never counting on that action by Council, and were planning to pursue the Reduced Scope of Timberline improvements through the SID, with Cumberland and James agreeing to front the missing Capital funding portion. We are very appreciative of staff's pursuit of the Code revision that would revise the maximum assessment provision, thereby enhancing our possibility of receiving a fuller reimbursement of the monies we have agreed to forward. We have, all along, been under the assumption that the City would move forward with the SID, that the SID would include all those properties currently affected by the Adequate Public Facilities management system, and that the method of assessment would be such that it would allocate shares of the cost of the Reduced Scope of improvements to all of these parcels. We have also been under the assumption that the City's Code requires all plans for improvements to be financed through an SID to be prepared by the City, and that all costs associated with the formation of the SID and the construction of the improvements (engineering, planning, appraisal, etc.) would be incorporated into the amount to be financed through the SID. In other words, we never imagined having to provide detailed construction plans for any stretch of Timberline Road. Nor did Cumberland. I believe that the construction of the Timberline improvements to be financed through the SID mechanism could be adequately addressed in the Developer's Agreement. It is a long time until we would expect to be adding any traffic to Timberline from SideHill residences, as we do not anticipate our first four or five closings to occur there until November of 2004 at the earliest. It is my hope that we can move forward with a Developer's Agreement that provides the City with the surety it needs, while also permitting us to move forward with our project in a timely fashion. And that we can also move forward with the SID. I plan to sit in on tonight's Council Susan Joy - Re: Timberline Road SID and SideHill Developer's Agreement Page 3 meeting to hear what might be said on the proposed Code revision. Does anyone expect any opposition to the item? Cam, is there any way we might be able to meet late this afternoon to discuss the DA? I need to go to the Larimer County offices to get something recorded, so 1 will be up in Fort Collins. Please let me know. And thanks to all for your time and consideration. John Beauparlant, AICP Entitlement Manager JamesCompany a Division of TOUSA HOMES INC. 2919 Valmont Road, Suite 204 Boulder. Colorado 80301 Voice: 303-443-6666 Fax: 303-443-6777 CC: Alan Krcmarik; Basil Hamdan; Dave Stringer; Don Bachman; Gary Diede; Matt Baker; Paul Eckman; Ron Phillips; Steve Roy; Susan Joy Susan Joy - Timberline Road Meeting Page 1 From: "John Beauparlant" < beau parlant@jamescolorado.com> To: <sjoy@fcgov.com>, <cmcnair@fcgov.com> Date: 9/18/03 11:16AM Subject: Timberline Road Meeting Susan and Cam, I am wondering if we are unnecessarily complicating our ability to set up a meeting to discuss the Timberline Road improvements funding options by also combining it with a sit-down to discuss outstanding issues regarding our SideHill project. As such, I would like to propose that we split what would have been one giant meeting into two smaller ones. I think the Timberline meeting must include Cam, Ron Phillips, Steve Roy, Matt Baker, and Alan Krcmarik for sure. Maybe you would like to include others as well, but it is important that these listed folks be there. This meeting would include discussions on the options available for Timberline Road, the City's exaction process, the road oversizing payment process, the scope of improvements needed to remove APE restrictions, timing, the City's role, etc. It would not be specific to SideHill except that the APE restrictions are thought to be applicable to our ability to go forward with this project. The second meeting -dealing only with SideHill issues -could include anyone you think would be required, Susan. I would ask Mike Brake of JR Engineering to attend that meeting with me. Please let me know what you think of this. Thanks! We would certainly want to hold both of these meetings ASAP. John Beauparlant, AICP Entitlement Manager JamesCompany a Division of TOUSA HOMES INC. 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Voice: 303-443-6666 Fax: 303-443-6777 Susan Joy - Sidehill Meeting CANCELLED again Page 1 From: Cam McNair To: Basil Hamdan; jbeauparlant@jamescolorado.com; Matt Baker; Ron Phillips; Sheri Wamhoff; Steve Roy; Susan Joy Date: 9/18/03 1:28PM Subject: Sidehill Meeting CANCELLED again I am really sorry folks. Susan Joy and I have been trying very hard to organize a meeting to address the Sidehill issues as requested by the James Company. However, I just talked to John Beauparlant again, and he said that the meeting tomorrow (Friday the 19th) is not going to work for them now. So let's do this: 1. Separate the drainage and sub -drain design problems from the Timberline SID issue. Development Review, Stormwater and JR Engineering need to get together to work on the design solutions. 2. See if we can pull together another SID "summit" with all the previous players, perhaps for next Thursday afternoon, the 25th. Or this could even be delayed into the following week if necessary. 1 will get with Cynthia Cass to try and organize that one. Thanks, and my apologies again for all the confusion on this. Cam >>> Susan Joy 09/18/03 11:29AM >>> The meeting for tomorrow, Friday, September 20th at 11:30am will still be held in Conference Room A of the 281 N. College building. Sandwiches will be brought in shortly before noon so that we can keep working through the lunch hour. Paul: If Steve Roy is unable to attend his portion of the meeting at 1 pm, could you attend in his place? Ron: You do not need to show up until 1 pm as well. John: Please let me know how many people will be attending with you so that 1 can order enough sandwiches for lunch. Thanks! To everyone: Thank you very much for coming to this meeting on such short notice! See you all soon! Susan Cd��lll�x.7, r7' ik7i1 Susan Joy - Fwd: Timberline SID Page 1 From: Dave Stringer To: dev engineers Date: 9/24/03 10:56AM Subject: Fwd: Timberline SID FYI >>> Cam McNair 09/24/03 10:14AM >>> John, After our meeting yesterday, I thought some more about the discussion concerning what portions of the Timberline costs could be apportioned to other property owners via the SID. I do not want to mis-lead you. I want to be clear. I think the direction you want to go with this is not workable. We are certainly willing to listen, and ultimately it is not my call. But I just do not want to imply that because we are listening, that we somehow agree with the notion that the costs of your local frontage portion of Timberline and Drake can be distributed to the other property owners. Below is an extract from our Municipal Code. To me it is pretty clear. This has been in place for a long time, and has been applied to developments large and small. It would be a huge surprise to me if this were to be changed or varied on behalf of your development. ARTICLE III. STREETS Sec. 24-95. Obligation for construction (a) The construction of the local portion of a public street adjacent to undeveloped real property is hereby declared to be the obligation of the owner of the adjacent property at the time such property is developed or redeveloped. The timing of the construction shall be as specified in the development agreement for such property or, if not specified, it shall be required at the time of issuance of the first building permit upon such property. (b) The local portion of such street shall include, without limitation, the construction of curb, gutter, pavement and sidewalk. All such construction shall conform to the "Larimer County Urban Area Street Standards" as adopted by the City Council by ordinance or resolution. (c) If the city has constructed such local portion of a public street adjacent to undeveloped property or property that may be redeveloped, the city may require, at or before the time of issuance of any building permit for new development or change of use, that the owner of such adjacent property repay to the city its cost in acquiring the necessary right-of-way and constructing such local portion of such street. The amount of reimbursement to be paid to the city under this paragraph shall be no less than the original cost of the right-of-way and improvements plus any mutually agreed upon amount to reflect the effects of inflation, if any. These adjustments may be based on the construction cost index for Denver, Colorado, as published monthly by the Engineering News Record. The original cost of the right-of-way and improvements shall mean the cost of right-of-way acquisition, financing, engineering, construction and any other costs actually incurred by the city which are directly attributable to the improvements. (Code 1972, § 95-98; Ord. No. 32-1988, § 2, 3-15-88; Ord. No. 97, 1996, §§ 4, 10, 7-16-96; Ord. No. 186, 2000, § 2, 1-2-01, Ord. No. 98, 2001, 6-19-01) John, I think we should go ahead with the meeting next week, and I just want you to be realistic with regard to your expectations. Call me if you have any questions or want to discuss any of this further. Cam Cam McNair. PE Susan Joy - Timberline Road SID - CONFIRMATION Page 1 From: Cynthia Cass To: Alan Krcmarik; brock@stcharlesinv.com; Cam McNair; Don Bachman; jbeauparlant@jamescolorado.com; Matt Baker; Ron Phillips; Steve Maguire, Steve Roy Date: 9/25/03 1:26PM Subject: Timberline Road SID - CONFIRMATION This is to confirm that there will be a meeting on Thursday October 2, from 1:30 - 3 p.m. in conference room 1 B at 215 N. Mason. This meeting will include discussions on the options available for Timberline Road, the City's exaction process, the road oversizing payment process, the scope of improvements needed to remove APF restrictions, timing, the City's role, etc. Attendees: John Beauparlant Brock Chapman - arriving at 2 p.m. Steve Maguire, not confirmed Steve Roy Alan Krcmarik Ron Phillips Don Bachman Cam McNair Matt Baker CC: Dave Stringer; Mary Donaldson; Polly Bennett; Susan Joy Susan Joy - Re: Side Hill development agreement Page 1 From: Dave Stringer To: Basil Harridan; Glen Schlueter Date: 10/16/03 10:44AM Subject: Re: Side Hill development agreement That's kind of my take. That's why I suggested Jim and Mike get involved. I know that as soon as James Company is told that we won't record the plat that all heel will break loose. >>> Glen Schlueter 10/16/03 10:36AM >>> That is different than I understood. Maybe Paul Eckman needs to get into this conversation. They don't have a project without the easement so how can we record it and let them start? >>> Dave Stringer 10/16/03 10:27AM >>> Basil also include me in the message to Susan. Also, as clarification they may not have an eeasement in hand by the time they want to start construction. That's why I'm asking Can the plat be recorded with out the easement? >>> Basil Harridan 10/16/03 09:03AM >>> Dave, I agreee that we can wait for the plat recordation for the easement to be obtained. In the meantime, I will work on the DA language today and tomorrow and I will have my first draft to Susan by tomorrow afternoon. Thanks, Basil >>> Dave Stringer 10/15/03 05:02PM >>> Glen and Basil, The rubber has now hit the road for Sidehill. The developer is going to pursue the easement for the off -site storm sewer and subdrain outfall. Consequently, they are pushing us ( through higher ups ) to get the Development Agreement drafted. I'm asking you to please draft language for this development based upon the fact that the out fall as shown will occur. As a CYA you should also include some language that if it doesn't happen they need to redesign their stormwater system. Also, since it's your call on requiring the easement prior to recordation of the plat I'm not sure how you want to handle that issue. Knowing this John Beauparlant and the games / lies he's played with our management you should also inform Jim and Mike Smith about the issues depending on how you elect to proceed. We need your DA Language by Monday morning at the latest. Transportation management has committed to having a DA for Paul to look at by then. Thanks Dave CC: Paul Eckman, Susan Joy Susan Joy - Re: Oct. 20th Page 1 From: Cam McNair To: Dave Stringer Date: 10/17/03 8:59AM Subject: Re: Oct. 20th Dave, The meeting for Monday morning is already set, so Susan will need to be there. If Jim or Glen need to attend to clear up that point on the easement, then that's fine, too. Perhaps they could come toward the end of the meeting, around 11:00, since I think we need to work on the SID first. Thanks, Cam >>> "Dave Stringer" <DSTRINGER@fcgov.com> 10/16/03 11:22AM >>> Cam, I miss spoke yesterday when you asked if I would be in on Monday the 20th. I looked at my calendar and I'm out in the morning getting my horses shod. Will be in at 1:00. Also, Storm Water said they will have their language to Susan and I by tomorrow afternoon. However, they are concerned about filing the plat without the outfall easement. Glen has escalated this to Jim for now to get his thoughts. Dave CC: Susan Joy Susan Joy - Re: Sidehill DA Qs Page 1 From: Matt Baker To: Susan Joy Date: 10/21 /03 2:41 PM Subject: Re: Sidehill DA Qs >>> Susan Joy 10/21/03 12:34PM >>> Here's a couple of comments/questions that have come back so far: How soon after the SID petition and authorization to the city do we want the Developer to pay the $100,000 for the Timberline Design? 30 days? 60 days? Or? 30 How will they be reimbursed for the $$ not their local share of this design? As a credit against their local street portion due Feb 2005 And then prior to the issuance of 25 building permits for Filing One and Two, we had in there that they had to pay for their local portion of Timberline. Do theyjust pay to the City or to you specifically? They pay to the City of Fort Collins, c/o Engineering. I'll take it to Council to appropriate into the project account Thanks again Matt. I'll be sending around another version of this thing by the end of the day. Susan Susan Joy - Re: Timberline/Prospect Page 1 From: Cam McNair To: Eric Bracke, jbeauparlant@tousa.com Date: 10/20/03 5:46PM Subject: Re: Timberline/Prospect Thanks Eric. John, this is in response to your questions this morning concerning what movements are causing the Timberline -Prospect intersection to fail. Our criteria is generally anything less than LOS D is considered inadequate. It looks like virtually every approach and turning movement fails in both peaks. Let us know if you don't understand the abbreviations here. With respect to the current development projects in the Spring Creek business park, the convenience store was approved many years ago under a previous system (LDGS) which did not have an APF requirement. So they had a vested right to proceed. The other one at the former beer distributor did not exceed the 2% threshold when comparing new trips generated with the previous use. Hope this is helpful. Cam >>> Eric Bracke 10/20/03 04:35PM >>> Here are the LOS for the Timberline/Prospect Intersection: AM EB Approach-F WB Approach-F NB Approach-E SB Approach-F EBT -F WBL-F NBL -F NBT -F SBL - E SBT -F PM EB Approach-F WB Approach-F NB Approach-E SB Approach-E EBL -F EBT -E WBL -F W BT- F NBL -F SBT -F CC: Don Bachman; Matt Baker; Susan Joy Draft Mansion Park Scope of Work January 14, 2003 General Scope The general scope of work will be to determine or show that the proposed location of Timberline Road as shown in the Mansion Park Utility Plans will not have an undue negative effect on the future improvements of Timberline Road to the north of Mansion Part:. This will include the Prospect Road and Timberline Road intersection and 1000' north of Prospect Road. This design will be done at a conceptual level. The general issues that will be addressed will be the following: I. The horizontal alignment of Timberline Road across Prospect Road. 2 The horizontal alignment of Timberline Road across the Spring Creek Bridge. 3. Vertical alignment of Timberline Road over railroad crossing. 4. The horizontal and vertical alignment of Timberline Road around the historic Johnson Farmhouse. 5. Check for impact on water and sewer. G. Show Flood Plain of Spring Creek. Design Approach. The design approach will divide Timberline Road into two portions. The first portion will be north of the railroad tracks and the second, south of the railroad tracks. The northern section will only be designed horizontally. It is anticipated that there are no large vertical design issues in this portion. The section south ofrat Iroad track will be designed vertically and horizontally. This will address the issue of vertical alignment over the hill by the Johnson Farm Homestead. A base map will be created from two sources. The first source will be from the City of Fort Collins and contain aerial Mapping for the Portion of Timberline Road north of the railroad tracks. It is important to note that this will only have an accuracy of 2-loot contours. The second source will be an aerial topographic map with one -foot contours, produced by JR Engineering, from Drake to the railroad north of Drake. Approximate property lines will be shown throughout both areas and will be based on the City of Fort Collins' GIS information. "I he base map will only be done using current information. No additional surveying will be done. Design Issues The main design issues to be resolved from north to south are: The striping and alignment of Timberline across Prospect Road and the Spring Creel: Bridge. Susan Joy - Side Hill Page 1 From: Roger Buffington To: Susan Joy Date: 10/20/03 9:28AM Subject: Side Hill Susan, I hope this one works better The City and Rigden 6th had agreed on cost sharing for the 42-inch sewer. If Side Hill builds the 42-inch sewer, both DA's (Side Hill and Rigden 6th) will need to be revised to reflect this. Since I am not sure what is going on with Side Hill and Rigden 6th, I did not try to address the cost sharing at this time. Keep me posted on what's happening, and I will help with revisions if needed. Thanks, Roger Susan Joy - Timberline -Prospect SID and Sidehill Development Agreement Page 1 From: Cam McNair To: Don Bachman; Paul Eckman; Ron Phillips; Steve Roy Date: 10/21 /03 1:21 PM Subject: Timberline -Prospect SID and Sidehill Development Agreement This is a summary of our meeting this morning. Attendees: John Beauparlant (James Company) Dan Wenzinger (James Company) Brock Chapman (Cumberland Co,) Don Bachman Matt Baker Susan Joy Cam McNair Key Points 1. An involuntary SID will be the proposed financing mechanism. The amount to be financed will be $2.3 Million, or the "APF Portion" needed to build the Timberline -Prospect intersection improvements. The developers' Local Access Portions and the Street Oversizing Portion will be paid directly, and would not be a part of the SID. 2. No City -backed bonds will be used to finance the improvements necessary to satisfy our APF requirements. The James Company intends to use private placement bonds and/or developers' cash to pay for the improvements. Actual payment will not be necessary until ready to bid the construction (approx. Feb 2005 at the latest). Security in the form of a performance bond for the $2.3M will be provided by James Company when they are ready to begin pulling building permits. 3. Participating properties in the SID were discussed, and a list of potential participants will be prepared. Essentially these will be properties within a one -mile radius of the intersection that have development or re -development potential. 4. The assessment method will be developed based on two factors associated with each property: (1) trip generation, and (2) proximity to the intersection. 5. Three primary principles or arguments can be made to Council for involuntarily including certain properties from within the one -mile radius in the District: (1) Fairness, based on the benefits to these properties realized from removing the APF barrier, (2) Public interest, based on the safety and congestion problems existing at the intersection now; and (3) No public financial risk associated with this approach. 6. Efforts will be made to obtain informed consent of the property owners to be assessed, prior to the Council decision to create the District. 7. Offering a 10-year repayment schedule for the properties being assessed may provide an incentive for properties to participate in the SID. The alternative to a 10-year payback is a one-time immediate assessment of the full amount assessed. 8. We recognize that this means a "TABOR vote" is necessary to allow the City to enter into a multi -year obligation, but the immediate one-time assessment on involuntary SID participants would likely produce a greater protest. The vote would be among the SID participants only and not the City at large. A simple majority would be sufficient. The City is merely the collection agency so there would be no financial liaibility for the City. Proposed Timeline: Nov 03 --- 1 st Resolution, City Council accepts the petition and directs the Engineering Dept to design the Susan Joy - Timberline -Prospect SID and Sidehill Development Agreement Page 2 project, and prepare cost estimate and assessment needs. --- Design funds provided by developer, and Sidehill development agreement finalized. Nov 03 - May 04 --- Sidehill site development construction on 1 st Filing. Nov 03 - Aug 04 --- City prepares engineering design and cost estimates. Approx. May 04 --- Developer wants to pull first building permits. --- Developer posts $2.3M security for assuring APF correction. At 25% of building permits issued for 1 st Filing, developer pays local street portion for Timberline. Aug 04 --- 2nd Resolution to City Council to approve engineering report, design plans, costs and assessments. --- Public hearing --- SID creation ordinance to Council, with master agreement. --- Set election for TABOR purposes for Nov 04 (SID participants only). Sep 04 - Feb 05 --- Acquire ROW. Nov 04 --- TABOR election. --- Begin bridge construction, RR crossing and utility relocations. No Later Than Feb 05 --- Developer pays APF portion ($2.3M) and any remaining Local Access Portion(s). --- City bids the construction project to contractors. 2005 - 2006 --- Timberline Road construction and intersection improvements. 2006 --- Construction completed. --- Assessment Ordinance to City Council. SID members begin repayment. CC: Dave Stringer; Matt Baker; Susan Joy Susan Joy - Re: Timberline -Prospect SID and Sidehill Development Agreement Page 1 From: Ron Phillips To: John Fischbach Date: 10/22/03 9:24AM Subject: Re: Timberline -Prospect SID and Sidehill Development Agreement John, Below is a summary of the latest meeting with the developers of the proposed Sidehill and Mansion Park developments along Timberline Road at Drake - The James Company and Cumberland Properties respectively The one thing that isn't mentioned in the proposed schedule - and which I do not plan to discuss with the developers at this time - is the possibility of federal funding for this project. The respective staff members of our congressional delegation that I met with last week all stated that we would be in line for our $2 million request, or some portion of it, in the FY 2005 federal appropriation process. This, of course is not a guarantee, but it is promising that we might be able to have all the funding except for $1 1 million to do the full project. We will not know the answer on federal dollars for sure until about this time next year, so it leaves us in somewhat of a quandary about whether to design the full project or the interim project 1 will discuss this further with the Engineering Department, but my guess is that we will design the full project and fall back to an interim design if necessary. Ron >>> Cam McNair 10/21/03 01:21PM >>> This is a summary of our meeting this morning. Attendees: John Beauparlant (James Company) Dan Wenzinger (James Company) Brock Chapman (Cumberland Co,) Don Bachman Matt Baker Susan Joy Cam McNair Key Points: 1. An involuntary SID will be the proposed financing mechanism. The amount to be financed will be $2.3 Million, or the "APE Portion" needed to build the Timberline -Prospect intersection improvements. The developers' Local Access Portions and the Street Oversizing Portion will be paid directly, and would not be a part of the SID. 2. No City -backed bonds will be used to finance the improvements necessary to satisfy our APE requirements. The James Company intends to use private placement bonds and/or developers' cash to pay for the improvements. Actual payment will not be necessary until ready to bid the construction (approx. Feb 2005 at the latest). Security in the form of a performance bond for the $2.3M will be provided by James Company when they are ready to begin pulling building permits. 3. Participating properties in the SID were discussed, and a list of potential participants will be prepared. Essentially these will be properties within a one -mile radius of the intersection that have development or re -development potential. 4. The assessment method will be developed based on two factors associated with each property: (1) trip generation, and (2) proximity to the intersection. 5. Three primary principles or arguments can be made to Council for involuntarily including certain properties from within the one -mile radius in the District: (1) Fairness, based on the benefits to these properties realized from removing the APE barrier, (2) Public interest, based on the safety and congestion problems existing at the intersection now, and (3) No public financial risk associated with this approach. Susan Joy - Re: Timberline -Prospect SID and Sidehill Development Agreement Page 2 6. Efforts will be made to obtain informed consent of the property owners to be assessed, prior to the Council decision to create the District. 7. Offering a 10-year repayment schedule for the properties being assessed may provide an incentive for properties to participate in the SID. The alternative to a 10-year payback is a one-time immediate assessment of the full amount assessed. 8 We recognize that this means a "TABOR vote" is necessary to allow the City to enter into a multi -year obligation, but the immediate one-time assessment on involuntary SID participants would likely produce a greater protest. The vote would be among the SID participants only and not the City at large. A simple majority would be sufficient. The City is merely the collection agency so there would be no financial liaibility for the City. Proposed Timeline: Nov 03 --- 1 st Resolution, City Council accepts the petition and directs the Engineering Dept to design the project, and prepare cost estimate and assessment needs. --- Design funds provided by developer, and Sidehill development agreement finalized. Nov 03 - May 04 --- Sidehill site development construction on 1 st Filing. Nov 03 - Aug 04 --- City prepares engineering design and cost estimates. Approx. May 04 --- Developer wants to pull first building permits. --- Developer posts $2.3M security for assuring APE correction. At 25% of building permits issued for 1 st Filing, developer pays local street portion for Timberline. Aug 04 --- 2nd Resolution to City Council to approve engineering report, design plans, costs and assessments. --- Public hearing --- SID creation ordinance to Council, with master agreement. --- Set election for TABOR purposes for Nov 04 (SID participants only). Sep 04 - Feb 05 --- Acquire ROW. Nov 04 --- TABOR election. --- Begin bridge construction, RR crossing and utility relocations. No Later Than Feb 05 --- Developer pays APE portion ($2.3M) and any remaining Local Access Portion(s). --- City bids the construction project to contractors. 2005 - 2006 --- Timberline Road construction and intersection improvements. 2006 — Construction completed. --- Assessment Ordinance to City Council. SID members begin repayment. CC: Alan Krcmarik; Cam McNair; Dave Stringer; Diane Jones; Don Bachman; Matt Baker; Paul Eckman; Steve Roy; Susan Joy Susan Joy - Timberline SID and Sidehill DA Page 1 From: Cam McNair To: Alan Krcmarik; Brock Chapman, Dan Wenzinger; Dave Stringer; Don Bachman; John Beauparlant; Matt Baker; Paul Eckman; Ron Phillips; Steve Maguire; Steve Roy, Susan Joy Date: 10/23/03 5:14PM Subject: Timberline SID and Sidehill DA This message is intended to confirm a couple of meetings on Monday, October 27. The purpose of these meetings is to insure that the remaining issues associated with the Petition and Waiver form and other SID documents are settled. We will also take the opportunity to review the development agreement for Sidehill and possibly the Agenda Item Summary for Council. The first meeting Is for City staff only (no offense developers). It will be at 8:30 AM in the City Attorney's office. The second meeting will be open to everyone. It will be at 3:00 PM, also at the City Attorney's office (300 LaPorte Avenue). I have talked with Steve Maguire and Dan Wenzinger, and this time seems to work for them. Thanks everyone! Cam CC: Mary Donaldson Susan Joy - Signature and SID Info Page 1 From: "John Beauparlant" <jbeau parlantQamescolorado.com> To: <sroy@fcgov.com>, <rphillips@fcgov.com>, <sjoy@fcgov.com>, <mbaker@fcgov.com> Date: 10/28/03 8:06AM Subject: Signature and SID Info Dear All, I have attached information for the proper signature for the Johnsow you can perhaps just paste it onto the end of the final version of the Waiver and Petition. Matt, I have your check ($1,875.00) and will get it delivered directly to you in the next day or two. Steve and Ron, if you could get the petition for signature to Gene Fischer, I will ask him to deliver it to Steve after he obtains the signatures. 1 see no problem in getting that done today or tomorrow. Susan, I will call you later today to discuss the format and amounts of the LOCs and the status of the plans. You should receive JR Engineering's resubmittal today, and should have received Cityscape's last Friday. Please let me know if there is anything else. We truly appreciate the efforts everyone has made. Gene Fischer's telephone is 970-482-4710. His office is at 125 South Howes, Suite 900. John Beauparlant, AICP Entitlement Manager JamesCompany a Division of TOUSA HOMES INC. 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Voice: 303-443-6666 Fax 303-443-6777 <mailto:jbeauparlant@tousa.com> jbeauparlant@tousa.com Susan Joy- Re Fwd: Please review'10-28 RED Sldehill BaseDevelopmentAgreement' Page 1 From: Basil Harridan To: Susan Joy Date: 10/29/03 4:55PM Subject: Re Fwd: Please review'10-28 RED SidehillBaseDevelopmentAgreement' Susan Hope it is not too late... I just noticed that the soil amendment paragraph fails to provide a number of permits, Please change that to: (I added the number 20) Thanks, Basil Soil Amendment In all areas associated with this Development that are to be landscaped or planted in accordance with the Final Development Plan Documents, and do not require a building permit, the soils shall be loosened and amended by the Developer in accordance with Section 3.8.21 of the Land Use Code prior to the issuance of more than 20 building permits in this Development. Completion of soil amendments shall include certification by the Developer that the work has been completed. This certification shall be submitted to the City at least two (2) weeks prior to the date of issuance of additional building permits in this Development. >>> Susan Joy 10/28/03 04:25PM >>> Last chance to review or forever hold your peace! :D Susan Joy - Re: SideHill Page 1 From: Cam McNair To: Dave Stringer; Susan Joy; Troy Jones Date: 11/3/03 5:38PM Subject: Re: SideHill Troy and Dave, I did commit to doing the best we could on expediting the Sidehill final compliance review, and they did make us aware of the Nov 14 closing date. There are a number of variables involved, such as the Council resolution tomorrow night which would initiate the SID process. Also the off -site easement on the McDowell property. If either of these is not successful, then I think the Nov 14 date is no longer important. Also, as Dave states, there seems to be a Catch-22 evolving concerning who can legally sign the DA and possibly other documents. But if Council approves the resolution tomorrow night, and If the developer comes thru with that off -site easement, and it the signature authorities are settled, then we need to do all we can to complete the final compliance review and sign -off by the 14th. It is my understanding from Mike Brake at JR Engineering that the final plans will be here tomorrow, and I believe we have settled the questions on the DA language. Let me know if I need to be doing anything else to keep this moving. Thanks, Cam >>> "Dave Stringer" <DSTRINGER@fcgov.com> 11/03/03 05:06PM >>> Troy, I don't know what is happening with this project. To many fingers in the pie. I don't believe we agreed to any such expedited review. They were supposed to get plans back to us to look at to make sure we were ready for mylars as well as work on the D.A.. That is or soon will be in their hands. In addition sidehill still needs the easement sign off and owners sign off on the plat and DA ( if you haven't heard, they are not the owners just the developers) before we will file anything. John B was told this last week and has been working towards getting the issues resolved. Dave >>> Troy Jones 11/03/03 1 >>> Joe, I'm not aware of this, however I'm willing to help in any way I can. Such a committment doesn't really affect Planning much because most of the remaining comments are Engineering related. Ten days sounds pretty fast' You might check with Engineering to see who they spoke to and in what context. Troy CC: Dave Stringer, Susan Joy, Cam McNair >>> "Joe Carter" <joeRcityscapeud.com> 11/03/03 03:58PM >>> Troy, John Beauparlant at James Company said that the City (it might have Susan Joy - Re: SideHill Page 2 been Cam McNair) had made a commitment to an expedited review of SideHill Filing One. Do you know anything about this? If so, do you know the timeframe that was agreed upon? The team is pushing for a November 14th closing. We realize that there are still easement issues that are being worked out but we are confident this will be taken care of in the next 10 days Thanks PS — got your message on the plans for 7 Oaks and I sent Feet of Fort Collins to pick those plans up. Thank you for the call. Joe Carter Landscape Architect Cityscape Urban Design 3555 Stanford Road, Ste. 105 Fort Collins, CO 80525 (970)226-4074 phone (970) 226-4196 fax ioe(d)citvscaoeud.com CC: Matt Baker The vertical alignment across the railroad tracks. ❖ The vertical alignment over the hill. The horizontal alignment around the Farmhouse and how that relates to tying into Timberline at the north end of the Mansion Park site. Final Product The deliverables to the City of Fort Collins will be: l . Conceptual I lorizontal Control and Striping Plan for the entire area of study. I Conceptual Centerline Plan and Profile from Drake Road north to the railroad tracks. 3. A Conceptual Report to suPPlcment the drawings discussing the issues and covering any discussions between the City of Fort Collins and the Developer for future reference. Susan Joy - Comments on Proposed Developer Agreement for SideHill Page 1 From: "John Beauparlant"<jbeauparlant@jamescolorado.com> To: <sjoy@fcgov.com>, <cmcnair@fcgov.com>, <sroy@fcgov.com>, <peckman@fcgov.com> Date: 11/4/03 3:59PM Subject: Comments on Proposed Developer Agreement for SideHill Dear All, I am attaching two annotated copies of the draft Developer Agreement for SideHill. One of the copies includes elaborate comments from Catherine Hance, our attorney with Davis, Graham & Stubbs. The other copy includes my comments, which are much less complete and do not address all the issues Catherine's comments touch upon. Many of her comments are on the boilerplate items that have likely been used, as currently written, for quite some time now, but she believes that some of those provisions can and should be reworded to more accurately reflect the intent of the particular paragraph or section. Many of her comments also clarify certain referenced portions of the proposed Agreement in order to reduce the potential for confusion. My comments are more concerned with the major items addressed. For example, reference is made in many locations to the approved documents applicable to the project, but the actual names used are not consistent with what we (and the City) have been calling these documents for all these months The biggest concern I have is over the cost -sharing wording for the 42-inch sewer in Drake Road and the fact that the City is not agreeing to withhold building permits from whichever developer does not construct this line in order to insure that the developer that does construct it gets reimbursed. There should be a guaranteed reimbursement associated with this item. 1 am also concerned that there are two different deadlines being used for the completion of the off -site storm drainage line addressed in Paragraph 2.C; the deadlines should be the same for both single family and multi -family structures, and the deadline should be "prior to Certificate of Occupancy," as that is when there would be a new owner who would be subjected to the then -existing condition of the surface drainage facilities. Another issue I have is with the special provision pertaining to the grading. Why is this special provision inserted? My other comments are fairly mundane and self-explanatory. I will get you the owner information as soon as we figure out exactly who is going to be the owner at the time the Agreement is signed. I imagine you will need updated title work to substantiate whatever names) will be used? Also, is the Agreement signed prior to the plat, or vice versa? It will possibly make a difference in the succession of ownership. Catherine Hance would be happy to discuss her comments with you directly, if you might want to include her suggestions. Her direct line Susan Joy - Comments on Proposed Developer Agreement for SideHill Page 2 is 303-892-7375. Feel free to call me if you have any questions or need anything else. I assume the recently submitted Project Development Plan and Utility Plans are under review, and I hope that JR Engineering and Cityscape have made all the required changes. Mike Brake is intending to get cost information submitted in the next day or two from which the Letter of Credit amounts can be calculated. Please let me know if this does not happen. Again, we sincerely appreciate all the efforts being made by City staff. I will look forward to receiving a revised Agreement. John Beauparlant, AICP Entitlement Manager JamesCompany a Division of TOUSA HOMES INC. 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Voice: 303-443-6666 Fax 303-443-6777 <mailto:jbeauparlant@tousa.com> jbeauparlant@tousa.com Susan Joy - Comments on Proposed Developer Agreement for SideHill Page 1 From: "John Beauparlant"<jbeau parlant@jamescolorado.com> To: <sjoy@fcgov.com>, <cmcnair@fcgov.com>, <sroy@fcgov.com>, <peckman@fcgov.com> Date: 11/4/03 3:59PM Subject: Comments on Proposed Developer Agreement for SideHill Dear All, I am attaching two annotated copies of the draft Developer Agreement for SideHill. One of the copies includes elaborate comments from Catherine Hance, our attorney with Davis, Graham & Stubbs. The other copy includes my comments, which are much less complete and do not address all the issues Catherine's comments touch upon. Many of her comments are on the boilerplate items that have likely been used, as currently written, for quite some time now, but she believes that some of those provisions can and should be reworded to more accurately reflect the intent of the particular paragraph or section. Many of her comments also clarify certain referenced portions of the proposed Agreement in order to reduce the potential for confusion. My comments are more concerned with the major items addressed. For example, reference is made in many locations to the approved documents applicable to the project, but the actual names used are not consistent with what we (and the City) have been calling these documents for all these months. The biggest concern I have is over the cost -sharing wording for the 42-inch sewer in Drake Road and the fact that the City is not agreeing to withhold building permits from whichever developer does not construct this line in order to insure that the developer that does construct it gets reimbursed. There should be a guaranteed reimbursement associated with this item. I am also concerned that there are two different deadlines being used for the completion of the off -site storm drainage line addressed in Paragraph 2.C; the deadlines should be the same for both single family and multi -family structures, and the deadline should be "prior to Certificate of Occupancy," as that is when there would be a new owner who would be subjected to the then -existing condition of the surface drainage facilities. Another issue I have is with the special provision pertaining to the grading. Why is this special provision inserted? My other comments are fairly mundane and self-explanatory. I will get you the owner information as soon as we figure out exactly who is going to be the owner at the time the Agreement is signed. I imagine you will need updated title work to substantiate whatever name(s) will be used? Also, is the Agreement signed prior to the plat, or vice versa? It will possibly make a difference in the succession of ownership. Catherine Hance would be happy to discuss her comments with you directly, if you might want to include her suggestions. Her direct line Susan Joy - Comments on Proposed Developer Agreement for SideHill Page 2 is 303-892-7375. Feel free to call me if you have any questions or need anything else. I assume the recently submitted Project Development Plan and Utility Plans are under review, and I hope that JR Engineering and Cityscape have made all the required changes. Mike Brake is intending to get cost information submitted in the next day or two from which the Letter of Credit amounts can be calculated. Please let me know if this does not happen. Again, we sincerely appreciate all the efforts being made by City staff. I will look forward to receiving a revised Agreement. John Beauparlant, AICP Entitlement Manager JamesCompany a Division of TOUSA HOMES INC. 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Voice: 303-443-6666 Fax 303-443-6777 <mailto:jbeau parlant@tousa.com> jbeauparlant@tousa.com Susan Joy - SideHill Plat Page 1 From: Dave Stringer To: Paul Eckman Date: 11/6/03 4:11 PM Subject: SideHill Plat Paul, A question has arisen from John Beauparlant, if the City would have a problem if Calvin Johnson (the current owner of the Sidehill property) signs off on the plat mylar as owner, then the mylar is recorded and shortly thereafter the holding companies purchase the property at the closing between the Johnson and themselves. Then the holding companies would sign the D.A. as owners and the James Company sign as developers. I've checked with Planning and they do not have a problem with this, nor does Engineering, (Storm Water has deferred to us). We (Engineering I will not sign the Final Development Plan Documents, (except the Plat), the final signature, Cam's on the Civil Plans, the Development Agreement, Site and Landscape or Development Construction Permit until such time as we have the storm sewer out fall easement dedicated to the City. Another issue with the easement is, I have heard that the land owner who will grant the off -site storm water easement may want the easement in a location different then what is shown on the Sidehill plans as currently proposed. If that is the case, I believe we can not sign the Sidehill plans as they are today since there wouldn't be an easement for the storm sewer. Is that correct? I know this is confusing so it's probably best if we could discuss this possible alternative as a show and tell. Dave CC: Cam McNair; Cameron Gloss; Glen Schlueter; Susan Joy; Troy Jones Susan Joy - RE: Sidehill Engineering Cost Estimate as an Exhibit for the Development Agreement Page 1 From: Susan Joy To: MBrake@JREngineering.com Date: 11/6/03 5:28PM Subject: RE: Sidehill Engineering Cost Estimate as an Exhibit for the Development Agreement We inspect it so we need to collect the inspection fees on it, so yes, it does. Any word on the revised subsurface report? I hate to be a nag about this but we really need to have it ASAP if you plan on going with the design as is. Susan >>> <MBrake@JREngineering.com> 11/06/03 04:36PM >>> Susan, does the subdrain need to be secured if it is a private line and not public? Mike -----Original Message ----- From: Susan Joy fmailto:sioy(dfcgov.coml Sent: Thursday, November 06, 2003 4:34 PM To: MBrake(a)JREngineering.com Subject: Re: Sidehill Engineering Cost Estimate as an Exhibit for the Development Agreement Hi Mike. Unfortunately this estimate is not acceptable. It needs to be in our format (the spreadsheet I sent you) and it needs to: include the sub -drain system include the off -site and take out the gas and electric. All the items that you need to cover are on the spreadsheet. Hopefully its pretty self-explanatory but please call if you have any questions. You can either talk to myself or Lance Newlin in inspection. Thanks, Susan >>> <MBrake(a)JREngineerinq.com> 11/06/03 02:15PM >>> Susan, attached you will find the engineering cost estimate to be used for securing the on -site public improvements, including the sanitary sewer system supporting Filing 1 to be installed in future filings. This estimate is based on the current plan being reviewed for final compliance. If you should have any questions please do not hesitate to contact myself or Jeff Paulsen here at JR Engineering at 491-9888. Thanks, Susan Joy - RE: LOCs Page 1 From: Susan Joy To: John Beauparlant Date: 11 /6/03 11:24AM Subject: RE: LOCs Here is the document you requested. Some of the amounts of the LOCs are in the rough draft of the Development Agreement currently in your possession. The remaining LOCs will be needed for your DCP and no, we have not received the DCP estimates yet. Once received, we will need to review them against the plans for their accuracy. At that point we will either approve the amounts submitted or provide the engineer with corrections. You will need to provide the actual LOCs prior to the issuance of the DCP itself, not before. For your convenience, I have attached the DCP brochure explaining that process in detail (a copy of which was provided to your engineer yesterday). Susan ps... City offices are closed for Veteran's Day next Tuesday, the 11th of November. Please take that into account when planning next week's schedule. >>> "John Beauparlant" <jeauparlant@jamescolorado.com> 11/06/03 10:53AM >>> Susan, Can you send the LOC template attached as a Word document? We can send them electronically to Florida. Are you going to give me the amount(s) of the LOC(s)? Did Mike Brake get you everything you need? We desperately need to initiate the LOC process if we hope to have them in place before we close on the property. John -----Original Message ----- From: Susan Joy jmailto:sioy(a)fcgov.coml Sent: Thursday, November 06, 2003 9:27 AM To: John Beauparlant Cc: Cam McNair, Dave Stringer Subject: LOCs My records indicate that I faxed you the Letter of Credit and Bond templates on the 31 st of October. Did your office not route them to you? I can fax them again if you like. Please let me know. I spoke with Mike Brake at JR Engineering yesterday and emailed him all the information he requested. It was my understanding that I had answered his questions to his satisfaction. Please feel free to call me directly anytime you have a question (970-221-6605). 1 am happy to assist. Susan Joy Development Review Engineer CC: Dave Stringer Susan Joy - Re: RR Permit O from Sidehill Page 1 From: Mike Herzig To: Cam McNair, Dave Stringer, Susan Joy Date: 11 /7/03 1:43PM Subject: Re: RR Permit O from Sidehill Hi, Susan. I am not aware of the railroad denying a crossing. They just have specific requirements for approving a crossing, such as 1) everything has to be paid for by the owner, 2) the owner must maintain the facility; 3) it must be done in away that causes no damage or risk for the railroad, 4) all fees are paid to the railroad, and 5) insurance requirements of the railroad are met. On the city applying for the permit vs the developer, I don't know if it matters. If I were the railroad, I would prefer the city as providing more assurance that the facility will get maintained. It is okay for us to be a party to the agreement and permit as long as the developer pays for everything and the ownership of the crossing is taken over by the city following city acceptance. I have not been involved in a pipe crossing permit from the railroad. So, I don't know if this is answering your questions. I talked to Owen Randall in Utilities. He will send me a list of names for contacts with the railroad. Let me know if you want to talk more. Mike >>> Susan Joy 11/07/03 10:01AM >>> Mike Brake with JR Engineering brought up a question on his client's behalf and I told him that I would present it to "the group" for their answer. Some background in a nutshell .... Sidehill's off -site drainage easement is currently shown on the south side of the RR tracks. McDowell (the property owner) wants the easement moved to the north side of the tracks. That would now involve a RR permit. His question is .... If the off -site drainage easement is being dedicated to the City, would the City be more comfortable in signing off the mylars BEFORE the RR permit has been obtained because "the City would have a better (guaranteed) chance at getting the permit from the railroad while the developer may not? Mike, the O for you is has the City ever been denied a below surface crossing before? Do you expect that we will be denied on this one? Please don't shoot the messenger :D I had to ask! Susan Susan Joy - DCP Application Page 1 From: Susan Joy To: jbeauparlant@jamescolorado.com; mbrake@jrengineering.com Date: 11 /7/03 9:21 AM Subject: DCP Application Good Morning. I'm sending both of you the DCP application that will need to be filled out in order to schedule the DCP. Typically the GC fills this out, but it could be filled out by either one of you as well. I've also attached another copy of the DCP brochure outlining the process just in case one of you needs it again. The LOCs for the public infrastructure and the inspection fees are paid just prior to the issuance of the DCP. They are NOT paid with the Development Agreement. As always, please call if you have any questions. Susan Joy CC: Dave Stringer Susan Joy - RE: SideHill Plat Page 1 From: "John Beauparlant" <jeauparlant@jamescolorado.com> To: "Susan Joy" <sjoy@fcgov.com> Date: 11 /10/03 10:21 AM Subject: RE: SideHill Plat Susan, Thanks for the info. By the way, you might want to word the note pertaining to the responsibility to design and construct the Timberline improvements to reflect the fact that the City has agreed to do this (design and construct the roadway) in response to our agreeing to post the $2.3 million bond, and that JamesCompany will not be responsible for this design or construction whether or not the SID is actually formed. This is detailed in Paragraph II.D.7 of the draft Development Agreement. John -----Original Message ----- From: Susan Joy (mailto:sjoy@fcgov.com] Sent: Monday, November 10, 2003 9:55 AM To: John Beauparlant Cc: Dave Stringer; Troy Jones; mbrake@jrengineering.com Subject: Re: SideHill Plat John, I have received Technical Service's comments on the plat this morning and there is still an open item remaining from the previous rounds of review. I am copying Mike Brake in this email so that he has the info he needs to make the corrections to the cover sheet as well as any other sheet affected by their comment. The comment is: Repeat comment. Legal does not close. Legal and boundary do not match. See redlines. This comment must be corrected before we will sign off on the plat. I will enter the comment into DIMS so that it becomes part of the official response packet to your submittal which is due on 11/12/03. I will put the plat redlines on Current Planning's counter for JR Engineering to pick up by 3pm today. The plat has one more person in Technical Services that needs to look at it. Unfortunately they are very short handed over there right now and that's the soonest he can get to it. His review is for general formatting only and does not look at the boundary description or legals. If he can get to it faster, I'll call Mike Brake and let him know. Mike Brake received the remaining issues from me on the utility plans last Friday by email. I have not received Stormwater's comments as of yet, but will forward them on as soon as I do. I've attached my comments for your review. We (being Engineering) are ready for mylars PROVIDED that the remaining items are addressed. That includes the revised subsurface report and the off -site easements (Mike, I revised comment #119 to exclude the plat). I cannot speak for Stormwater at this point. As soon as I get 2-05-2003 11:24AM FROM CITYSCAPE 970 226 4196 P.2 Fe 05 03 10:21a I 0 0 v D LLI C) 'i a TO: LO o pRC W a uasa: u. SUBJBCT: I O N o, 4 n m MATTHEW J DELICH 970 ass 2061 t9MRABDDM Jim Postle, The James Company Eldon ward, Cityscape Urban Design City of Fort Collins Matt Delich _JD February 5, 2003 Sidehill Development PDP Transportation Impact Study - Geometry at the Drake/Timberline intersection (File: 0260M£02) This memorandum responds to a city staff comment concerning the need for an exclusive westbound right -turn lane at the Drake/ Timberline intersection. The traffic analysis for the Johnson Farm Property CDP is contained in the `Johnson Farm Property Transportation Impact Study,- July 2001. In that study, the long range (2020)'.future analysis at the subject intersection had the following approach geometry on the east log or Drake Road: one left - turn lane, two through lanes, and one right -turn lane. When this was done, I was under the impression that this was the City's desired geometry on this approach. However, subsequent information indicates otherwise. Since the above cited TIS was prepared, I have also prepared the "Rigden Farm Commercial Transportation Impact Study," January 2002_ This TIS also contains a long range (2020) future analysis that demonstrates acceptable operation with the following approach geometry on the east leg of Drake Road: one left -turn lane, one through lane, and one combined through/right-turn lane. In light of this analysis, I recommend elimination of the exclusive westbound right -turn lane at the Drake/Timberline intersection. In addition to elimination of this right -turn lane based upon operational criteria, I have come to learn that the curb and gutter in this quadrant of the intersection have been built at their ultimate location. The Fort Collins Light and Power Department has located considerable utility infrastructure in the area where an exclusive right -turn lane would have been. Given this practical physical constraint and the demonstrated acceptable operation, it is recommended that the exclusive westbound right -turn lane on Drake Road approaching Timberline Road should be eliminated from consideration by City staff. p.2 Susan Joy - RE: SideHill Plat Page 2 their redlines we'll know where the utility plans stand from their perspective. With one minor exception, Engineering has no further comments on the Site or Landscape plan. A note is now being required on the sheets because the SID has been approved and this development is no longer responsible for the design and construction of Timberline. The street trees and sidewalk will now be constructed with the SID and become part of your local street portion. You would need to speak with your planner, Troy Jones, for any additional comments he may have on any of the plan sets. I do not know if he is ready for mylars. He and I will be meeting to talk about this as soon as all the comments are in. The Project Development Plan you inquired about is not a separate item in and of itself, but rather a term that includes all the various plan sets - Utility, Site, Landscape and Plat, so no, there will not be a PDP plan to sign off other than the ones mentioned. 1 hope this answers your question to your satisfaction. If not, please contact me by email or telephone and I'll get you the information you need. Susan >>> "John Beauparlant"<jbeau parlant@jamescolorado.com> 11/10/03 08:57AM >>> Susan, I need to have JR Engineering make the mylars for the plat so we can get the Johnsons' signature and get it submitted for recording in the next day or two. Are there any changes or corrections required on the cover sheet? We will change the signature to reflect the fact that there are two co -managers of Spring Creek Farm, and we will delete the lien -holder section, as there are no existing liens. Please let me know if everything else on the cover sheet is OK. Thanks! Also, how is the review of the rest of the documents coming? Are the Project Development Plan and Utility Plan also ready for signature? John Beauparlant, AICP Entitlement Manager JamesCompany a Division of TOUSA HOMES INC. Susan Joy - Sidehill/ Rigden Farm 6th drainage easement Page 1 From: Dave Stringer To: Cam McNair Date: 11/17/03 3:05PM Subject: Sidehill/ Rigden Farm 6th drainage easement Cam, This is for your information regarding the off -site easement that Sidehill needs to get their plans approved. The Developer has hired Ron Mills to work with McDowell to try and obtain the easement through his property To date they have not been totally successful, so they presented to Steve Roy a draft Memorandum of Understanding, which states something to the effect that McDowell will grant a temporary easement to the City_ However, no drainage facilities (the channel work) can constructed on the McDowell property until April of 2005. In addition, it had language in it that the City would build a channel which stormwater wants no part off. The MOU is silent as it relates to the underground subdrain system, which causes me concern. Also, stormwater has made the decision that they will not allow the subdrain system to be pumped into the stormwater pond or piping. It must be a gravity system. We (Sheri, Susan and 1), met with Stormwater, Steve and Kerrie this afternoon and found their proposal unacceptable. The City will not accept the MOU. Steve will give the heads up to John should Mr. Beauparlant decide to play that card. As it stands right now the City wants the easement in place prior to signing off the civil plans, DA and etc.. Dave CC: Glen Schlueter, Sheri Wamhoff; Susan Joy Susan Joy - Re: Sidehill Page 1 From: Glen Schlueter To: Dave Stringer Date: 11 /19/03 1:06PM Subject: Re: Sidehill Great minds think alike, that is you consider John B. and Jim H. as having great minds. Jim stopped in here late last night and said that while we were meeting with Paul he had discussions with Cam and others about condemnation. The consensus was that condemnation should be pursued as soon as possible. So John B. doesn't need to talk to Mike Smith, he can just start the procedure so we can take it to council. Now if he wants financial assistance that is a different story. I'm don't think Jim will go for that since it wasn't Stormwater that wanted the drainage to go this route. I know he is supportive of getting the outfall and he really doesn't want it to go through McDowell's ponds. He wants a separate outfall all the way to the River as in the design for Rigden. >>> Dave Stringer 11/18/03 04:49PM >>> Cam and all, I just finished talking with John Beauparlant and informed him of the Clty's decision that we do need the Storm Water easement form McDowell and we are not interested in the MOU as a substitute. He understood and now realizes that the stormwater issue is a big deal. He indicated that they were again trying to extend the closing date with the Johnson's in order to explore other alternatives. If the closing is delayed then they will ask for a meeting with Mike Smith and others to discuss options including condemnation. He also stressed that if they can't get the extension they may just pull the plug on the project, but only as a last resort, they still would like to proceed. From our conversation It's clear more discussion may be taking place regarding the issues. Also, Sheri, talked with Ron Mills and offered to send him our latest draft of the easement but Ron said he would pick it up tomorrow when he meets with Basil and Matt on another issue. Guess we'll stay tuned for now. Dave CC: Basil Hamdan; Paul Eckman, Susan Joy Susan Joy - Re: Side Hill Underdrain Page 1 From: Dave Stringer To: Cam McNair; Jim Hibbard; Roger Buffington Date: 11 /25/03 2:07PM Subject: Re: Side Hill Underdrain Following are my comments to the questions raised >>> Roger Buffington 11/25/03 11:55AM >>> I met with Mike Brake this morning and reviewed the possible options for the underdrain that we discussed last week. The idea of having separate systems for the upper and lower portions of the overall development seems to have merit. The developer has not made a decision on basements for the lower area but at this point, wants to leave the option open. There will be 200+ living units in the lower area of the development. A few questions that came up are: 1. Will Engineering allow the underdrain from the upper portion of Side Hill to daylight in a ditch adjacent to the west side of the road that follows the sanitary sewer? Answer: Before we can answer this question we need to know where the subsurface water will go as it leaves the site. It needs to go into an existing drainage channel other then a borrow ditch, it can not create an adverse effect on adjacent properties, such as flooding, creating marshy/bog areas or become a nuisance. Of -site easements will need to be obtained so the drainage way can be maintained by the HOA 2. Will the City allow a portion of the underdrain for the lower part of Side Hill to be installed now in the sanitary sewer trench for future connection to a pump station? If so, should this pipe be solid wall or perforated? Answer: If the design is such that the system can outlet without creating an issue in the future I don't know of any reason why it can not be installed at this time. The Ground Water Subdrain Analysis report written by Anderson Consulting specifically discussing how the system should be built. I believe it states that the piping should be perforated until Drake Road. However, the design engineer needs to verify what is recommended in the report and work with the ground water engineer if they propose to change from what is the recommendation. Let us know your thoughts. Thanks, Roger Buffington (970) 221-6854 rbuffington(ad)fcgov.com CC: mbrake@jrengineering.com; Susan Joy Susan Joy - RE Sidehill questions Page 1 From: "John Beauparlant" <jeauparlant@jamescolorado.com> To: "Dave Stringer" <DSTRINGER@fcgov.com>, "Paul Eckman" </yECKMAN@fcgov.com>, <mbrake@jrengineering.com> Date: 12/4/03 10:35AM Subject: RE: Sidehill questions Dave, Thanks for the update. We will be happy to pay the $100,000 design fee once the Development Agreement is signed by both us and the City. The current wording required it to be paid within 30 days of the adoption of the Council's resolution authorizing staff to proceed with the District, that will not be possible. Please do forward the revised DA for review. Thanksl John ---Original Message ----- From: Dave Stringer [mailto:DSTRINGER@fcgov.comj Sent: Thursday, December 04, 2003 10:09 AM To: Paul Eckman; John Beauparlant; mbrake@jrengineering.com Cc: Don Bachman; Susan Joy Subject. Sidehill questions Good morning all, I am responding to Paul's voice -mail asking about the status of the Sidehill development. The quick answer is, not much has occurred for several weeks. There are still outstanding issues which need to be addressed not including the condemnation for the stormwater/subdrain easement. The City has not asked for the mylars from the consultants, due to the following outstanding issues. 1 What is happening with the subdrain out fall? Roger Buffington met with Mike Brake of JR Engineering early last week to discuss several alternatives to the subdrain system which will allow for an outfall prior to the off -site channel being built. We have not seen any redesign or heard anything more from JR Engineering. This change when designed and approved will need to be shown on the mylars. 2. What is the final dollar amount for the letter of credit? Susan worked with Mike Brake on getting this together. The latest that was submitted from JR (some weeks ago) was incorrect. We are waiting for JR to resubmit the revised spread sheet . 3. The Development Agreement will be revised to reflect whatever changes are going to occur including subdrain/stormwater changes. If the City goes forth with condemnation for the off -site channel the D.A. will not be signed until the judge gives the City the authority for possession. 4. Can Sidehill (John) get a copy of the revised D.A. (sent out before Thanksgiving)? Susan Joy - RESidehill questions Page 2 Yes. 5. Can the remaining process (DCP) be expedited so that when everything is in order the project can commence? Yes, All we need is the corrected spread sheet, the DCP application form and hold a DCP meeting. However, we will not issue the Development Construction Permit until the D. A. is signed, (as per item 3), the letters of credit are posted, inspection and erosion control fees are paid. 6. When does the 100 thousand need to be given to the City? It is our desire to have the monies as soon as possible. However, no later then 60 days after Council approved the SID resolution. Once the City has the money we will contract out the design of Timberline Road. Please contact Matt Baker for additional information. Matt can be reached at (970) 221- 6108 or mbaker@fcgov.com. 7. 1 have also attached earlier e-mail's from Susan to John/Mike basically relaying the same information as I've stated today. Dave CC: "Don Bachman" <DBachman@fcgov.com>, "Susan Joy" <sjoy@fcgov.com> Susan Joy - RE: Side Hill Underdrain Page 1 From: <MBrake@JREngineering.com> To: <DSTRINGER@fcgov.com>, <RBUFFINGTON@fcgov.com> Date: 12/8/03 9:35AM Subject: RE: Side Hill Underdrain Thanks, see you then Mike ---Original Message ----- From: Dave Stringer [mailto:DSTRINGER@fcgov.com] Sent: Monday, December 08, 2003 9:05 AM To: Roger Buffington; MBrake@JREngineering.com Cc: Cam McNair; Jim Hibbard, Susan Joy; jbeauparlant@jamescolorado.com Subject: RE: Side Hill Underdrain Good morning, Thanks for responding so quickly. Looks like we are set to meet this Wednesday December 10th at 1:30 here in the Engineering Conference room at 281 N. College. See you then Dave >>> Roger Buffington 12/07/03 12:51 PM >>> I am available as follows: Wed (12/10) - 1:00 to 5:00 Fri (12/12) - 9:30 to 11:30 Following week - After 3:00 Tuesday through Friday Roger Buffington (970)221-6854 rbuffington@fcgov.com >>> <MBrake@JREngineering.com> 12/5/03 3:34:08 PM >>> Thanks Dave, How about Tuesday at 4 pm, Wednesday 12 - 5 pm, Friday 930 - 11:30 or after 3 pm of next week? Mike -----Original Message ----- From: Dave Stringer [mailto:DSTRINGER@fcgov.com] Sent: Friday, December 05, 2003 3:21 PM To: MBrake@JREngineering.com Cc: Cam McNair; Jim Hibbard; Roger Buffington, Susan Joy; jbeauparlant@jamescolorado.com Subject: RE: Side Hill Underdrain Mike, Susan Joy - RE: Side Hill Underdrain Page 2 Sorry Monday doesn't work for Cam or I. Maybe try for some other days next week except Tuesday, Wednesday in the A.M., Thursday in the A.M. and 1:00 to 2:00, and Friday from 12:00 to 3:00 Please be aware There are other meetings that are in the process for filling these same time slots as well. I also, believe Roger Buffington needs to be involved as well. Dave >>> <MBrake@JREngineering.com> 12/05/03 01:51 PM >>> Dave, is it possible to set up a meeting with you and any other staff that you feel should be involved to go over our ideas on how to surface the underdrain for the upper Filing 1 portion and to review on how the drainage will discharge offsite. I would like to shoot for Monday the 8th in the afternoon if that works for you. We should only need an hour or less. Thanks, Mike JR Engineering, Inc. Michael Brake, PE-PLS Director of Operations 2620 E. Prospect Road, Suite 190 Fort Collins, Colorado 80525 970-491-9888 Office 970-491-9984 Fax 970-217-4911 Cell -----Original Message ----- From: Dave Stringer [mailto:DSTRINGER@fcgov.com] Sent: Tuesday, November 25, 2003 2:08 PM To: Cam McNair; Jim Hibbard; Roger Buffington Cc: Susan Joy; mbrake@jrengineering.com Subject: Re: Side Hill Underdrain Following are my comments to the questions raised >>> Roger Buffington 11/25/03 11:55AM >>> I met with Mike Brake this morning and reviewed the possible options for the underdrain that we discussed last week. The idea of having separate systems for the upper and lower portions of the overall development seems to have merit. The developer has not made a decision on basements for the lower area but at this point, wants to leave the option open. There will be 200+ living units in the lower area of the development. A few questions that came up are: Susan Joy - RE: Side Hill Underdrain Page 3 1. Will Engineering allow the underdrain from the upper portion of Side Hill to daylight in a ditch adjacent to the west side of the road that follows the sanitary sewer? Answer: Before we can answer this question we need to know where the subsurface water will go as it leaves the site. It needs to go into an existing drainage channel other then a borrow ditch, it can not create an adverse effect on adjacent properties, such as flooding, creating marshy/bog areas or become a nuisance. Of -site easements will need to be obtained so the drainage way can be maintained by the HOA. 2. Will the City allow a portion of the underdrain for the lower part of Side Hill to be installed now in the sanitary sewer trench for future connection to a pump station? If so, should this pipe be solid wall or perforated? Answer: If the design is such that the system can outlet without creating an issue in the future I don't know of any reason why it can not be installed at this time. The Ground Water Subdrain Analysis report written by Anderson Consulting specifically discussing how the system should be built. I believe it states that the piping should be perforated until Drake Road. However, the design engineer needs to verify what is recommended in the report and work with the ground water engineer if they propose to change from what is the recommendation. Let us know your thoughts. Thanks, Roger Buffington (970)221-6854 rbuffington@fcgov.com CC: <CMCNAIR@fcgov.com>, <JHIBBARD@fcgov.com>, <sjoy@fcgov.com>, <jbeauparlant@jamescolorado.com> Susan Joy - Sidehill Meeting 12-23-03 Page 1 From: Cam McNair To: Dan Wenzinger; Dave Stringer; Don Bachman; John Beauparlant; Matt Baker; Mike Brake Date: 12/24/03 10:06A M Subject: Sidehill Meeting 12-23-03 Purpose: to discuss issues related to the Sidehill development that need to be settled before transfer of the $100,000 can occur to fund design of the Timberland, Drake to Prospect, road improvements. Attendees: Dan Wenzinger, John Beauparlant, Jim Postle, Mike Brake, Don Bachman, Dave Stringer, Matt Baker, Cam McNair. Kev Discussion Points - Storm drainage and groundwater discharge issues are still not totally resolved, and until such time that these design issues can be considered solved, the developer is unwilling to fund the Timberline -Prospect improvements. --- The James Company has not yet closed on the acquisition of the Johnson property, and will not do so until they are sure they can develop it all. --- The James Company again requests language in the development agreement that allows for future consideration of City reimbursement for the "SID improvements" if the SID is not approved by the City Council. --- In addition to the future Sharp Point Drive connection across the RR tracks, a recent requirement has surfaced which involves extending a 42-inch sanitary sewer main across the RR tracks at Sharp Point. The developer asks that the City assist in obtaining the necessary permits from the Great Western RR, and we agreed to assist in that coordination. Also, since this sewer main also serves Rigden Farm, both developments will have the same language in their development agreements regarding repays, depending on which development goes first and builds the sewer main. Please feel free to comment if you have anything to add or clarify on these minutes. Cam CC: Jim Hibbard; Mike Herzig; Paul Eckman; Ron Phillips; Susan Joy Marc Virata Re trans_coord 2/6 Page 1 From: Susan Joy To: Marc Virata Date: 2/6103 9:31AM Subject: Re: trans coord 2/6 Could you print this for me? Thanks very much!! >>> Cam McNair 02/06/03 08:57AM >>> Susan, I believe I have made it known that my preference is to try to get dedicated right turn lanes at all arterial -arterial intersections, on all approaches. I know that is not always possible, and there are probably places where it is not necessary, but I believe those are the exceptions. The standard should include RT lanes, and back off from that when justified. In situations like that at Drake -Timberline where development is being planned, I believe we need to at least get enough ROW and leave room for the RT lane to be built in the future. My preference would be to go ahead and get it built with the development I imagine that when Matt built that intersection a couple of years ago, he probably did not look at an ultimate design that would include this WB RT lane. I hope I'm wrong about that, but we'll see. In terms of who pays for it, that needs to be determined from the traffic analysis. It may need to be a shared cost. Matt will protest, but that's just something he will have to accept. Cam >>> Susan Joy 02/06/03 08:40AM >>> Good Morning! Do you have any strong feelings about the NB right turn lane from WB Drake at Timberline? I'm almost wondering if we should wait until you arrive because there may or may not be a huge disagreement among the departments. What do you think? Thanks Cam! Susan >>> Cam McNair 02/06/03 06:21AM >>> I am planning to go to the DMU display and presentation at 10:00, and I will try to get back for Trans Coord by 11:00 or so. Cam 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(cDfcgov.com >>> Sheri Wamhoff 02/05/03 10:42 AM >>> Here's the agenda for tomorrow. Let me know if there are any additional items. AGENDA Transportation Coordination Meeting - February 6, 2003 10:00 A.M. to 12:00 P.M. LOCATION 281 Conf B Susan Joy - RE. Sidehill Meeting 12-23-03 Page 1 From: "John Beauparlant"<jbeau parlant@jamescolorado.com> To: "Cam McNair" <CMCNAIR@fcgov.com>, "Don Bachman" <DBach man@fcgov.com>, "Dave Stringer" <DSTRINGER@fcgov.com>, "Matt Baker" <MBAKER@fcgov.com>, "Dan Wenzinger <dwenzinger@jamescolorado.com> Date: 12/29/03 9:25AM Subject: RE: Sidehill Meeting 12-23-03 Cam et al , Sounds pretty accurate to me. The only item of concern you did not mention is the apparent desire on the part of the City to take another look at the "valley wall' situation, after we had all thought it had been resolved long ago. Mike Brake called Dan and me on the way home from last Tuesday's meeting to tell us that the stormwater issue has apparently been resolved. I am going to contact Basil to see if he can get you the proper language to insert into the Development Agreement so we can go ahead and release the $100,000 Maybe one of you could also work on that, as I believe Cam will not be in this week? I will probably call you, Paul, to discuss Thanks! John -----Original Message ----- From Cam McNair [mailto:CMCNAIR@fcgov.comj Sent: Wednesday, December 24, 2003 10:06 AM To Don Bachman, Dave Stringer, Matt Baker; Dan Wenzinger; John Beauparlant Cc: Jim Hibbard, Mike Herzig, Ron Phillips, Susan Joy, Paul Eckman Subject. Sidehill Meeting 12-23-03 Purpose to discuss issues related to the Sidehill development that need to be settled before transfer of the $100,000 can occur to fund design of the Timberland, Drake to Prospect, road improvements. Attendees: Dan Wenzinger, John Beauparlant, Jim Postle, Mike Brake, Don Bachman, Dave Stringer, Matt Baker, Cam McNair. Key Discussion Points: --- Storm drainage and groundwater discharge issues are still not totally resolved, and until such time that these design issues can be considered solved, the developer is unwilling to fund the Timberline -Prospect improvements. --- The James Company has not yet closed on the acquisition of the Johnson property, and will not do so until they are sure they can develop it all. --- The James Company again requests language in the development agreement that allows for future consideration of City reimbursement for the "SID improvements" if the SID is not approved by the City Council. --- In addition to the future Sharp Point Drive connection across the RR tracks, a recent requirement has surfaced which involves Susan Joy - RE: Sidehill Meeting 12-23 03 Page 2 extending a 42-inch sanitary sewer main across the RR tracks at Sharp Point The developer asks that the City assist in obtaining the necessary permits from the Great Western RR, and we agreed to assist in that coordination Also, since this sewer main also serves Rigden Farm, both developments will have the same language in their development agreements regarding repays, depending on which development goes first and builds the sewer main. Please feel free to comment if you have anything to add or clarify on these minutes. Cam CC: "Jim Hibbard" <JHIBBARD@fcgov.com>, "Mike Herzig" <MHERZIG@fcgov.com>, "Ron Phillips" <rphillips@fcgov.com>, "Susan Joy" <sjoy@fcgov.com>, "Paul Eckman" <W EC KMAN @fcgov. com> Susan Joy - Revised Rigden 6th storm drainage language Page 1 From: Basil Hamdan To: Susan Joy Date: 12/29/03 4:15PM Subject: Revised Rigden 6th storm drainage language Susan, As I mentioned in my email from this morning to John Beauparlant, I have revised the storm drainage section to remove the obligation off the off -site channel from Sidehill Filing 1 and obligate them instead to improvements on the Rigden 6th Filing spillway. The version of the stormwater Development Agreement language that I worked off of may not reflect subsequent changes that were done by you and Paul, but the main paragraphs that I changed in the first one which now specifies how many single family permits are allowed prior to completion of the spillway work and I removed the latter paragraphs referencing the off -site channel. I know you and Paul may be out this week, and we need to have Paul to look at the draft language before finalizing it, but I wanted to get my stuff done as soon as I could to give John some assurance that the Sidehill First Filing can proceed without that easement in place in order for us in turn to be able to proceed on the Timberline Road improvements design. Thank you. CC: Cam McNair: Dave Stringer, Paul Eckman Susan Joy - Re: Fwd: SideHill Issues Page 1 From: Roger Buffington To: Cam McNair, Cameron Gloss; Dave Stringer, Jim Hibbard, Matt Baker, Paul Eckman, Susan Joy Date: 12/31 /03 2A6PM Subject: Re: Fwd: SideHill Issues I agree with the concerns about making commitments for Filings 2 and 3 when we have not even seen plans let alone signed mylars. With regard to the development agreement, I have some revisions that I am working on. I plan to have them completed by Monday at the latest. Basil and Glen are out until Monday, and I think they may also have some changes Roger >>> Cam McNair 12/31/03 9:23:10 AM >>> Hi Folks, Here is the latest from John Beauparlant. I would like feedback from you all so that I can respond to his requests. I am a little skeptical about trying to make commitments in the Filing One DA concerning subsequent filings Do we normally do that? I believe the Filing One DA should focus on Filing One. Is there some other way to assure them that the solutions developed for Filings Two & Three will be acceptable when DA time comes for those filings? Would a letter be sufficient? Maybe they need to organize this entire project as a single filing with multiple phases - then all of the issues he mentioned can be addressed in one DA. Cameron, can you help me with the valley wall question after you talk with Natural Resources? If commitments were made during the ODP hearing, then we should not go back on those commitments now. Susan and/or Paul, if you have the latest version of the DA, with Basil's latest input, is it OK for me to share that with John B ? If so, please forward a copy to me and I will send it with my reply to his e-mail. Thanks everyone. Happy New Year! Cam Susan Joy - Re: Sidehill DA Page 1 From: To: Date: Subject: Roger Buffington Paul Eckman, Susan Joy 1 /5/04 2:51 PM Re: Sidehill DA The two water main projects were constructed at different times, hence, the different ENR dates for purposes of calculating the inflation. We have always worked directly with the railroad companies on permits. I am not aware if the PUC is involved The engineer for Rigden 6th originally submitted the permit application to UPRR but learned that the UP no longer has this track. I will find out the correct name to insert in the DA. Roger >>> Paul Eckman 1/5/04 1:43:14 PM >>> Why use two different ENR publication dates? 1997 and 1989. Also, isn't the RR Crossing permit really gotten from the PUC, in cooperation with the RR? And isn't the RR really the UP, not Great Western? >>> Roger Buffington 01/02/04 05:17PM >>> Please replace A. and B under II. Special Conditions with the attached. Thanks, Roger CC: Mary Donaldson Susan Joy - Re SideHill Issues Page 1 From: Cam McNair To: John Beauparlant Date: 1/8/04 8:32AM Subject: Re: SideHill Issues John, Dan Wenzinger called me yesterday to discuss these issues from your Dec. 30 message, and others. I am having difficulty getting firm answers on all points, so let me share what I do have and also what Dan and I discussed yesterday. I will also copy this message to other staff that has been working on some of these issues, so that they can provide input or reaction as appropriate. You received the latest version of the development agreement (DA) on Tuesday. That raised some more questions from your company concerning utility reimbursements for two previous waterline projects on Timberline and Drake. I believe you also had questions concerning the timing of the requirement for the 42-in sanitary sewer. I need to refer you to Roger Buffington or Jim Hibbard in Utility Services for answers to those questions. The "Valley Wall" issue is a Natural Resources Dept concern. I have asked Current Planning and Natural Resources to provide a response to your questions on that issue. However, unless the valley wall is impacted in Filing One of the development project, it will not be addressed in the Filing One DA. In fact, I do not feel that we can agree to any requests to add commitments for future filings in the DA for Filing One. The separate filings need to stand alone as independent projects, in terms of the utilities and infrastructure design and development agreements. So the questions about underdrains and the valley wall that are pertinent to future filings will need to be handled in the plans and DAs for those future filings I believe we do have agreements in principle on most design questions, but a lot more work will be necessary before those can be solidified in approved plans and DAs. If you want to back up and re -submit the entire project as a single filing, then all of these design details can be solved and recorded in a single set of documents The actual construction work could still proceed in multiple phases of a single filing. Finally, I am also having difficulty on the request to include additional language in the Filing One DA that would allow City Council to reimburse the developer for APF improvements. I believe the City's position on this, in accordance with our Land Use Code and its APF provisions, is clearly stated in II.D.3 - 7 of the DA I just don't see how we can commit to more than this. But you are certainly welcome to elevate that request to my superiors and/or to the City Attorney. Unfortunately, it looks like sub -paragraph II.D.5. will need to be changed again since the 30 days for payment of the $100,000 has now passed. John, I wish I could provide quick and positive answers to all of your requests. As I told Dan yesterday, I think it is important to the City for this project, and its associated public improvements, to proceed to construction. I want to facilitate that effort, but many of these issues fall outside of my sphere of influence. Let's both keep plugging away until the job is finished. Cam >>> "John Beauparlant" <jeauparlant@jamescolorado.com> 12/30/03 03:54PM >>> Cam, Dan Wenzinger and I just met with Jim Postle to discuss the future SideHill filings and the issues we discussed at last week's meeting. We still have a certain amount of trepidation with respect to some of these Susan Joy - Re SideHill Issues Page 2 issues, and we thought that perhaps they could be addressed in the Filing 1 Development Agreement (DA) in such a way that we could rest assured that the entire property, including Outlots A and B, can ultimately be developed as contemplated. In addition to our desire to include language that specifically permits the City Council to provide reimbursement payments for the APF Improvements through the SID and/or any other means available to the City, there are two other pressing issues we would like to see addressed in the DA. These are as follows: The Valley Wall We are concerned about the possibility that the City will require that the Valley Wall be completely protected and preserved on the Johnson property. If this should be the case, it would be impossible to develop the balance of the property in such a way as to be economically feasible. Since we will be purchasing the Johnson property in its entirety, we are totally relying upon the ability to develop Outlots A & B in accordance with the general layouts and density we have been discussing for some time now. I believe it would be possible to address this issue in the Developer Agreement by saying something to the effect that Filing 2 & 3 development will not be unnecessarily restricted by Valley Wall concerns but that we (the Developer) will preserve the integrity of the Valley Wall to the extent possible. I don't have any better suggestion than that. I am still not exactly sure just what this Valley Wall really is. Filings 2 & 3 Underdrains Now that the stormwater issue has apparently been resolved (I spoke with Basil Harridan about this yesterday), and the Box Elder Ditch board has agreed to permit Filing 1 underdrain flows into that ditch, we can turn our attention to Filings 2 & 3. The stormwater issue for Filings 2 & 3 has already been resolved, as those flows will be discharged into the FCRID, in accordance with the approved Master Drainage Plan. The underdrain issue, however, is not yet resolved It is my understanding that the City would consider a lift station for the future development areas. This appears to be the only sure way to get rid of the underdrain flows, as running the underdrain pipe all the way out to the Poudre River through the McDowell property was never all that appealing, and the line could never daylight above the 100-year water surface elevation anyhow. As I mentioned to Jim Hibbard, JamesCompany would be happy to capitalize a maintenance and repair fund for a lift station in order to provide assurance that it will be properly maintained. We can also write provisions into the covenants for the future filings that would provide additional assurances. It is extremely important to have some sort of guarantee that the underdrains for the balance of the property will be able to function properly, as groundwater is a serious concern there. We therefore ask that the Developer Agreement for Filing 1 specifically authorize the use of a lift station for the Filings 2 & 3 underdrain system. Susan Joy - Re SideHill Issues Page 3 Basil has agreed to provide the new wording for the Filing 1 stormwater improvement requirements, which are to consist of the construction of spillway erosion protection on the Rigden Pond. It is my understanding that these improvements will have to be completed prior to the issuance of any Certificates of Occupancy for more than 25 percent of the units in Filing 1. If you could forward a revised Development Agreement, incorporating the new stormwater wording and addressing the above two items, I believe we will be in a position to deliver your $100,000 check. I hope we can get a revised DA to review early next week; I will also be in on Friday. Please call or email if you have any comments or questions or need any additional information. Thanks so much! John Beauparlant, AICP Entitlement Manager JamesCompany a Division of TOUSA HOMES INC. 2919 Valmont Road, Suite 204 Boulder, Colorado 80301 Voice: 303-443-6666 Fax. 303-443-6777 <mailto:ibeau parlant(a)tousa.com> Ibeau parlant(a)tousa.com CC: Cameron Gloss, Dave Stringer; Don Bachman; Doug Moore, dwenzinger@jamescolorado.com; Jim Hibbard; John Stokes; jpostle@jamescolorado.com, Matt Baker, "MBrake@JREngineering com".GWIA60.FC1 Paul Eckman; Roger Buffington; Ron Phillips, Steve Roy, Susan Joy Susan Joy - Re. Fwd: OFFICIAL Sidehill Development Agreement Page 1 From: Dave Stringer To: Cam McNair; Susan Joy Date: 1/8/04 8:42AM Subject: Re Fwd: OFFICIAL Sidehill Development Agreement Cam, It's my belief that there is no such thing as late comments from Utilities, or any other City Department in the DA drats. All of the DA's to date have been drafts, which means they are subject to change. Changes made to drafts is a two way street, the City always reserves the right to make changes just as the developer has the right to make any changes they desire. I guess it's my opinion that our revised drafts are no different then when the Sidehill Developer desires to had additional language, such as what they proposed at the end of December. It's better to have changes during the draft stage then to go back later and try to amend the final. >>> Cam McNair 01/07/04 05:52PM >>> Thanks Susan. Dan Wenzinger of the James Company called me to talk about some of the provisions of this latest version, and to complain about more late additions from Utilities, among other things. Let's talk about this when you have a chance. >>> Susan Joy 01/07/04 01:47PM >>> Susan Joy - Re Fwd: SideHill Issues Page 1 From: Cam McNair To: Doug Moore Date: 1/8/04 9:57AM Subject: Re: Fwd: SideHill Issues Thanks Doug. At least this helps me understand the issue and where we are >>> Doug Moore 01/08/04 09:17AM >>> At this time I am unable to agree to relieve the 2nd & 3rd filings of obligation set forth in the Land Use Code to protect the valley wall_ The James companies consulting teams (Downy Thorpe James and Cityscape) have been aware of this issue though both the ODP process and the review of the first filing There isn't a specific buffer standard called out for the valley wall. There is a buffer zone standard for locations of geological sites of special interest (LUC 3.4.1 (E)) and the buffer zone performance standards (LUC 3 4.1(E)((1)(f)) which specifically calls out the valley walls as existing site topography that projects shall be designed to integrate with and otherwise preserve. In the ODP process the James Company's did not want to resolve the valley wall issue in the ODP process but preferred to deal with the issues on a case to case (filing to filing) bases, which the Natural Resources Department agreed to. When the first filing enter the planning process it appeared not to involve the valley wall. During the process an additional road connection was require which ended up bisecting the wall. NDR agreed with the applicant to mitigated disturbance by having the applicant restore a part of the "highly" farm disturbed section of the wall to a character similar to what would have occurred prior to the farm disturbance. The applicant's consultant Joe Carter, with Cityscape, had asked to receive a letter agreeing to relieve them of this obligation. We didn't not agree to or provide this letter because relieve from these requirements of the code may require a modification from the Planning and Zoning Board. John Stokes and I have meet on site and discussed possibly taking a similar approach with the 2 & 3 filings. Our next step is to determine now these sections of code apply to these projects and how we will need to implement sections either though preservation or mitigation. Currently the only information that I have on the second and third filings is the concept plan presented at conceptual review which shows the majority of the development occurring on sections of the wall that the least amount of farm impacts and provide the best characteristics of the valley wall. 1 have not been provided with grading plans, which would provide better insight in to the impacts. I have discussed grading for the next to filings with Joe Carter and it sounds as though the grading will be heavily impacted. I the past the James Company has been unwilling to link the resolution of the valley wall with all of the projects because of they were considering selling off filing to others. If this has approach has changed it is my preference to resolve the valley wall issue as a whole with filing two since impacts cause in filing one have been resolved. John and I have a meeting scheduled on Monday afternoon January 12th, the day he returns from his brief medical leave He and I will try to reach a decision on the Departments' approach. I agree with your letter back John Beauparlant stating that filing one is separate from filing one. Let's move forward with DA language We will deal with valley wall issues with the next filings. Thank you, Doug Moore, ASLA Environmental Planner City of Fort Collins, Colorado (970)224-6143 >>> Cam McNair 1/7/04 1:52:38 PM >>> I still need to respond to this message concerning Sidehill. Can you please provide me some input on his "Valley Wall" questions? Thanks,