HomeMy WebLinkAboutLINDEN PARK - Filed GC-GENERAL CORRESPONDENCE - 2005-04-20Transpo, _. tion Services
Gngincering Department
Citv of Fort Collins MEMORANDUM
TO: Mark: McCallum, Development Review Civil Engineer
FROM: Cam McNair, City Engineer
DATE: July 26, 2000 111
RE: Linden Park PDP
I agree with your assessment, and I support the $50,000 cash contribution -in -aid to the City's
Timberline Bike Lanes project as a satisfactory substitute for the developer's requirement to
build interim improvements along Timberline. Please be sure your notes in the Linden Park file
explain the way the $50,000 figure was calculated.
Also, be sure that the Development Agreement makes provision for the Linden Park project to
proceed independent of the Westchase development, should Westchase become stalled for any
reason.
This is a win -win situation for the City and the developer, so I agree to waive the provision of
LUC Section 3.3.2(F)(1) that requires construction of a 36-ft roadway to the nearest improved
arterial street, upon receipt of the $50,000 contribution as described.
cc: Dave Stringer
John Lang
lII CAIt gt. :A\ cn I • I'()_ Boy 5811 • Fort Collins. ( () 80.522-0580 • (970) 2214,605 • I AX (9711) 221-6378
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Interoffice Memorandum
Date: July 24, 2000
To: Cam McNair, City Engineer
From: Mark McCallum, Development Review Engineer
RE: Linden Park, PDP — Timberline Road Wavier Request to LUC Section 3.3.2(F)(1)
In accordance with Land Use Code (LUC) Section 3.3.2(F)(1), the Linden Park Project
Development Plan is responsible for providing adequate access to the City's Improved
Arterial Street Network. Said offsite responsibility should have at a minimum a thirty -six-
foot -wide paved cross section on a base that is adequate to accommodate the ultimate
design of the street. Therefore, the Linden Park Project Development Plan is required
per the aforementioned provision to construct Timberline Road from the northern
property line of the development to the portion of Timberline Road, recently improved by
Street Oversizing to a thirty -six -foot -wide cross section on a base that is adequate to
accommodate the ultimate design of the street. Instead of providing a design and
completing the construction of those improvements, the Developer has asked the City to
waive these requirements as it is allowed in accordance with LUC Section 3.3.2(F)(1).
Therefore, the intent of this letter is to determine based on my findings if the Linden Park
Project Development Plan can or can not proceed with a waiver to LUC Section
3.3.2(F)(1). Said waiver is charged to you, the City Engineer, and in my opinion can be
validated by further letters and agreements between the Developer and the City,
specifically agreed upon in the Development Agreement, or as you determine
appropriate. For your reference, please see the attachment for the location of the
project.
After consulting with various Transportation Services Department's and the County
Engineering Department, it is my opinion that the City should waive, but not wholly release
the Developer from obligations to design and construct the offsite portion of Timberline Road
in accordance with LUC Section 3.3.2(F)(1). The primary justification for this opinion is that
the Timberline Bike Lane project has a design that is currently funded for construction this fall.
If it were not for the bike lane project showing 4-foot bike lanes, this development would meet
the thirty -six -foot -wide requirement; however, the bike lane project due to budget and slope
constraints could only afford and provide four -foot bike lanes. The Developer has agreed to
provide additional funds to provide 6-foot bike lanes (or the required 36-foot street section)
from Trilby Road to the improved section of Timberline Road to the north, excluding a
proposed 4-foot wide, 400-foot stretch of road on the west side just north of the development
due to slope constraints. (As an aside, the city would normally require a developer to obtain
offsite slope easements in order to provide the required street section; however, the
proposed timelines for the Timberline Bike Lane project does not allocate time for the
acquisition of easements.) The Developer agrees to escrow $50,000 in cash to the
Timberline Bike Lane project prior to the release of the Development Construction Permit for
the development. With all that in mind and provided the Developer and City will have to
agree upon other provisions in the Development Agreement with regard to the construction of
Timberline Road, it is my opinion that the Developer for Linden Park is meeting the portion of
LUC Section 3.3.2(F)(1) when it refers to the thirty -six -foot -wide paved cross section.
The portion of LUC Section3.3.2(F)(1) that is more ambiguous and which is difficult to verify
that the Developer is meeting the intent of the code is the section that states "... on a base
that is adequate to accommodate the ultimate design of the street either (1) as designated on
the Master Street Plan, or (2) in accordance with the city design criteria for streets...... The
word "base" could suggest that the existing pavement section, regardless of its condition
would be acceptable if the base is in adequate condition. On the other hand, it is my opinion
that the code is implying the street section, as a whole is able to handle the impacts of the
development untiil such time that the street is constructed to ultimate improvements. Going
further, an ultimate base section will be constructed with Westchase, a county subdivision
currently under review. Westchase is responsible, per the county, to construct Timberline
Road to one-half arterial width standards from Trilby Road to just south of the improved
section of Timberline Road prior to any building permit. With these combinations of factors, I
propose to waive the aforementioned section of the code on the premise that (1) the Linden
Park traffic study indicated that the traffic impacts associated with this development will have
minimal traffic impacts and consequently limited pavement disruption to Timberline Road,
and (2) provided that certain Development Agreement language can be agreed upon
between the Developer and the City that decrease the traffic impacts to Timberline Road
even more by holding building permits early in the development of Linden Park. In addition,
said Development Agreement should have provisions that bind this development's progress
to certain real approvals and improvements by the Westchase development.
To conclude, it is my opinion that the City should grant the waiver request to LUC Section
3.3.2(F)(1), and that the waiver should be finalized in the Development Agreement.
Furthermore, I recommend that first you provide your own assessment of the waiver request,
which would direct the Developer of Linden Park to either proceed with their final project
development plans or design a plan for Timberline Road. Obviously, this letter does not
provide development agreement language that may be used to assist in your judgement on
the waiver request; therefore, I am available to explain some of my initial thoughts concerning
the Development Agreement, and provide additional information concerning the waiver
request.
Sincerely,
Mark S. McCallum
Civil Engineer 1
Interoffice Memorandum
Date: July 24, 2000
To: Cam McNair, City Engineer
From: Mark McCallum, Development Review Engineer
RE: Linden Park, PDP — Timberline Road Wavier Request to LUC Section 3.3.2(F)(1)
In accordance with Land Use Code (LUC) Section 3.3.2(F)(1), the Linden Park Project
Development Plan is responsible for providing adequate access to the City's Improved
Arterial Street Network. Said offsite responsibility should have at a minimum a thirty -six-
foot -wide paved cross section on a base that is adequate to accommodate the ultimate
design of the street. Therefore, the Linden Park Project Development Plan is required
per the aforerrientioned provision to construct Timberline Road from the northern
property line of the development to the portion of Timberline Road, recently improved by
Street Oversizing to a thirty -six -foot -wide cross section on a base that is adequate to
accommodate the ultimate design of the street. Instead of providing a design and
completing the construction of those improvements, the Developer has asked the City to
waive these requirements as it is allowed in accordance with LUC Section 3.3.2(F)(1).
Therefore, the intent of this letter is to determine based on my findings if the Linden Park
Project Development Plan can or can not proceed with a waiver to LUC Section
3.3.2(F)(1). Said waiver is charged to you, the City Engineer, and in my opinion can be
validated by further letters and agreements between the Developer and the City,
specifically agreed upon in the Development Agreement, or as you determine
appropriate. For your reference, please see the attachment for the location of the
project.
After consulting with various Transportation Services Department's and the County
Engineering Department, it is my opinion that the City should waive, but not wholly release
the Developer from obligations to design and construct the offsite portion of Timberline Road
in accordance with LUC Section 3.3.2(F)(1). The primary justification for this opinion is that
the Timberline Bike Lane project has a design that is currently funded for construction this fall.
If it were not for the bike lane project showing 4-foot bike lanes, this development wculd meet
the thirty -six -foot -wide requirement, however, the bike lane project due to budget and slope
constraints could only afford and provide four -foot bike lanes. The Developer has agreed to
provide additional funds to provide 6-foot bike lanes (or the required 36-foot street section)
from Trilby Road to the improved section of Timberline Road to the north, excluding a
proposed 4-foot wide, 400-foot stretch of road on the west side just north of the development
due to slope constraints. (As an aside, the city would normally require a developer to obtain
offsite slope easements in order to provide the required street section; however, the
proposed timeline for the Timberline Bike Lane project does not allocate time for the
acquisition of easements.) The Developer agrees to escrow $50,000 in cash to the
Timberline Bike Lane project prior to the release of the Development Construction Permit for
the development. With all that in mind and provided the Developer and City will have to
agree upon other provisions in the Development Agreement with regard to the construction of
Timberline Road, it is my opinion that the Developer for Linden Park is meeting the portion of
LUC Section 3.3.2(F)(1) when it refers to the thirty -six -foot -wide paved cross section.
The portion of LUC Section3.3.2(F)(1) that is more ambiguous and which is difficult to verify
that the Developer is meeting the intent of the code is the section that states "... on a base
that is adequate to accommodate the ultimate design of the street either (1) as designated on
the Master Street Plan, or (2) in accordance with the city design criteria for streets...". The
word "base" could suggest that the existing pavement section, regardless of its condition
would be acceptable if the base is in adequate condition. On the other hand, it is my opinion
that the code is implying the street section, as a whole is able to handle the impacts of the
development until such time that the street is constructed to ultimate improvements. Going
further, an ultimate base section will be constructed with Westchase, a county subdivision
currently under review. Westchase is responsible, per the county, to construct Timberline
Road to one-half arterial width standards from Trilby Road to just south of the improved
section of Timberline Road prior to any building permit. With these combinations of factors, I
propose to waive the aforementioned section of the code on the premise that (1) the Linden
Park traffic study indicated that the traffic impacts associated with this development will have
minimal traffic impacts and consequently limited pavement disruption to Timberline Road,
and (2) provided that certain Development Agreement language can be agreed upon
between the Developer and the City that decrease the traffic impacts to Timberline Road
even more by holding building permits early in the development of Linden Park. In addition,
said Development Agreement should have provisions that bind this development's progress
to certain real approvals and improvements by the Westchase development.
To conclude, it is my opinion that the City should grant the waiver request to LUC Section
3.3.2(F)(1), and that the waiver should be finalized in the Development Agreement.
Furthermore, I recommend that first you provide your own assessment of the waiver request,
which would direct the Developer of Linden Park to either proceed with their final project
development plans or design a plan for Timberline Road. Obviously, this letter does not
provide development agreement language that may be used to assist in your judgement on
the waiver request, therefore, I am available to explain some of my initial thoughts concerning
the Development Agreement, and provide additional information concerning the waiver
request.
Sincerely,
Mark S. McCallum
Civil Engineer 1
WOLFE & MASID, LLP
ATTORNEYS AT LAW
CENTRE FOR ADVANCED TECHNOLOGY
1008 CENTRE AVENUE
FORT COLLINS. COLORADO 80526
Mark McCallum
Engineering Dept.
City of Fort Collins
281 N. College
Fort Collins, CO 80524
KENNETH C. WOLFE
MARIAM J. MASID
CHERYL LEE VAN ACKERN
September 1, 2000
Reference: TM One, LLC/Robinson Holdings, LLC
Dear Mr. McCallum:
Mike SolLenberger requested that I send you a letter
regarding the status of the easement and right-of-way agreements
for the property that Mike Sollenberger and Tom Dougherty are
developing.
All the agreements appear to be in final form.
The owners of Robinson Timberline Holdings, LLC, are
presently on 'vacation in Europe. The are expected to return
around mid -September. It is expected that they will not have
any additional changes and that we will be able to finalize the
easements and various agreements affecting the Robinson
Timberline Holdings property, at that time.
If you have any questions, please do not hesitate to
contact me.
Sincerely,
Kenneth C. Wolfe
KCW:jlw
cc: Letha and Luis Robinson
Mike Sollenberger
TELEPHONE 970-493-8787 FAX 970-493-8788 wolfemosid@aol.com
Transport. in Services
Engineering Department
City of Fort Collins
March 9, 2001
Thomas N. Dougherty
TM One, Inc.
220 E. Mulberry Ave,
Fort Collins, CO 80524
Dear Tom
This letter is intended to clarify the status of the offsite construction and storm drainage
easements required for the Linden Park P.D.P. Currently, the easements for construction and
storm drainage have been executed by the respective property owners (Robinson, Hahn and
West). The easement documents are with the City of Fort Collins Engineering Department,
which will process the documents through the formal acceptance process as a routine deed and
easement before City Council. The documents should be formally accepted at the April 17,
2001 City Council meeting (the April 3, 2001 City Council meeting was cancelled due to the
election).
Please let me know if there are any other questions regarding the status of the offsite
easements required for the Linden Park P.D.P.
Respectfully,
Mark S. McCallum
Civil Engineer 1
City of Fort Collins
Engineering Department
cc: file
181 North Colle,gc Avenue • P.O. Box ;80 • Fort Collins, CO 80522-0580 • (970) 221-ot)05
MARCH & LILEY, P.0
ARTHUR E MARCH, JR
ATTORNEYS AND COUNSELORS AT LAW
LUCIA A. IJLEV
110 E OAK STREET
J. BRADFORD MARCH
FORT COLLINS, COLORADO 80524-2880 ARTHUR E. MARCH
(970) 482-4322 t908-0981
Fax (970) 482-5719
April 26, 2000
Mark McCallum
City Engineering HAND DELIVERED
281 N. College
Fort Collins, CO 80521
Re: Linden Park/Off-Site Easements
Dcar Mark:
Inclosed for your review are copies of the fol lowing off -site casements that we have prepared
for Linden Park Subdivision:
Deed of Dedication of Easement from Robinson Timberline Holdings, LLC to the City for
storm sewer facilities;
2. Deed of Dedication of Easement from Donald and Charlotte Ilahn to the City for storm
sewer facilities; and
3. Easement Agreement among the City, the South Fort Collins Sanitation District ("SFCSD")
and 'fM One, Inc. ("TM One") for the construction and placement of a SFCSD sanitary
sewer Tine through the Fossil Creek Wetlands Natural Area.
Mike DiTullio, manager of SFCSD, has already reviewed and approved the Easement
Agreement, and copies have been sent to Ron Mills, City Right -of -Way Agent, and Karen Manci in
the Natural Resources Department, for their review. Please contact us with your comments after you
have had an opportunity to review these documents.
We are also enclosing copies of the construction easements and SFCSD easements. As you
can sec, Mike DiTullio has approved and signed the SFCSD easements. TM One is in the process
of obtaining the grantors' signatures; fully executed copies will be provided to the City in
conjunction with the final plat. Enclosed are copies of the following:
Grantor: Robinson Timberline Holdings, LLC
A. Temporary Construction Easement to TM One for construction of the SFCSD
sanitary sewer line and the City storm sewer facilities;
Mark McCallum
April 26, 2000
Page 2
B. Easement and Right -of -Way Agreement with SFCSD for the sanitary sewer line; and
C. Temporary Construction Easement to TM, One for a slope along the Robinsons'
property line.
2. Grantors: Donald and Charlotte Hahn
A. Temporary Construction Easement to TM One for construction of the SFCSD
sanitary sewer line and the City storm sewer facilities;
B. Easement and Right -of -Way Agreement with SFCSD for the sanitary sewer line.
3. Grantors: Michael and Heather West
A. Temporary Construction Easement to TM One for construction of the SFCSD
sanitary sewer line; and
B. Easement and Right -of -Way Agreement with SFCSD for the sanitary sewer line.
4. Grantors: Tommy and Diann Johnston
Temporary Construction Easement to TM, One for a slope along the Johnstons' property
line.
I f you have any questions or comments, please contact me or my paralegal, Janelle Kechter.
(hank you.
Sincerely,
MARCH & LILEY, P.C.
By:
Lucia A. Liley
LAL/jpk
Enclosures
PC: TM One, Inc.
u
Mr. Mark McCallum
City of Fort Collins Engineering Department
P.O. Box 580
Fort Collins, CO 80522-0580
Re: Linden Park P.D.P.
Project No. 0930-001
Mark:
May 11, 2000
Here are two exhibits that show the interim improvement for Timberline Road along the
Linden Park Site. We have shown the preliminary design for a 12-foot right turn lane
and a 6-foot bike Zane. City design criteria were followed for the existing 40 mph speed
on Timberline Road: a 370-foot deceleration lane and a 12:1 taper ratio. We are
submitting two alternatives. The two differ in the storage length requirement called out
in section 1.02.08. Our traffic study shows the need for a 100-foot storage length at
build out. Alternative I shows this layout.
Since our project is phased, it is our opinion that this storage length will not be needed
until a future date. Final design and construction for Timberline will have occurred
before build out will occur for Linden Park. This is a right turn lane with no stopping
(free right), so storage should not be needed. Also, the storage length alternative will
impact the property owner to the north. An additional 15' x 265' casement would be
needed to sufficiently grade back the slope at 4:1. Since the angle from the taper will
happen on our site, Alternative 2, without the storage length, can happen entirely within
the existing 60-1-oot R.O.W.
We will proceed with a more detailed design with profile and cross sections once you
have made a decision on the alternative. We look forward to your review and comments
and will gladly answer any questions you may have.
Sincerely,
TST, INC. CONSULTING ENGINEERS
Kevin Ash, P.E.
Enclosures
TST1 NC.
748 Whalers War - Building 1)
102 Inverness Terrace East
Fort Cullins, CO 80525
Suite 105
Consulting Engineers
(970) 226-0557
Englewood, CO 80112
Wtm (303)595-9103
(303) 792-0557
Fax (970) 226-0204
Fax (303) 792-9489
Email infoCtstinc.com
"w Astinc.cnm
TM ONE, LLC
220 East Mulberry Street
Fort Collins, CO 80524
Phone 970-217-7077
August 17, 2000
Cam McNair, City Engineer
City of Fort Collins
281 South College Avenue
Fort Collins, CO 80521
Dear Mr. McNair:
Pursuant to conversations with Mark McCallum, Development Review Engineer,
TMOne, LLC, the applicant for Linden Park, PDP, will provide up to $50,000 (Cash
Funds) to the Timberline Road Bike Lane (CMAQ) Project. As you probably are aware,
the Cash Funds. are being provided to augment Linden Park's 36-foot offsite arterial
improvements pursuant to Land Use Code Section 3.3.2(F)(1). In addition, TMOne, LLC
is agreeable to provide an escrow (Warranty Bond) with the Development Construction
Permit in order to comply with the provision in the LUC Section 3.3.2(F)(1) that states
the 36-foot paved street section must be on an adequate based course. Said Warranty
Bond shall be less the Cash Funds provided to the Timberline Bike Lane (CMAQ)
Project. Finally, at such time that the Warranty Bond is executed by TMOne or the City,
whichever is agreed upon in the Development Agreement, the construction of the middle
24 feet of Timberline Road shall be performed to a substantially similar design as to the
Timberline Road Bike Lane (CMAQ) Project.
The Cash Funds and Warranty Bond will be given to the City of Fort Collins at the
issuance of the Development Construction Permit as shall be agreed upon in the
Development Agreement. If the Development Agreement is not complete by September
1, 2000, then an acceptable Interim Agreement will be prepared which will serve as the
binding agreement until such time that it is replaced with the Development Agreement.
In either case, Development Agreement or Interim Agreement, the terms of the
agreement will provide that Cash Funds be given to the City of Fort Collins for the
purpose of constructing the Timberline Road Bike Lane (CMAQ) Project no later than
December 1, 2000,
Please feel free to call if you have questions or need clarification. We will keep you
advised as tom--prograss of this matter.
Tom
Acknowledg d, Cam McNair
LLC