HomeMy WebLinkAboutSCENIC VIEWS PUD - Filed GC-GENERAL CORRESPONDENCE - 2005-06-23Transporti—on Services
Engineering Department
City of Fort Collins
February 25, 1998
Karl Nyquist
1777 S. Harrison St., Suite 908
Denver, Co. 80210
Subject: Scenic Views P.U.D. construction plan approval
Dear Mr. Nyquist:
This letter is in response to your request concerning the status of the City signing the final
construction plans fir the above mentioned project. It is standard policy for the City Engineering
Department to perform the final signing of a projects mylar drawings for construction plan
approval once the other City departments ( ie. Water, Sewer and Stormwater, and other impacted
parties ) have signed the mylars, prior to our signature.
We have received a memo from Bill Veio on what has been changed on the mylar since our last
review and are in agreement with these revisions as stated in the memo.. As long as these are the
only changes, we are ready to sign the construction plan mylars but do need enough time to take
another look at the plans to verify that the changes have been made and are accurate. As I stated
previously Engineering is the last signer of the mylar plans and will not sign until all of the other
required signatures have been obtained. In addition, once the mylar plans have been signed by us,
we require a copy ofthe mylar plans, and 4 copies ofblueline drawings that must be stamped and
signed by the design engineer of the project. These copies are then returned to our department
for our use.
Sincerely, `
—David Stringer
Development Review Supervisor
281 North Collt,c,c N enue • P.O. Boy 580 • Fort Collins, CO 80522-0580 • (970) 21-6605
Transpo,,ition Services
Engineering Department
City of Fort Collins
November 17, 1997
Bill Veio
Rocky Mountain Research Institute
6645 East Heritage Place
Englewood, Colorado 80111
Re: Scenic Views
Dear Bill:
Please find attached the revised development agreement for the Scenic Views project with some of your
comments incorporated. However, the bulk of the comments are not acceptable to the City. Primarily,
those comments that deal with the affordable housing and storm water aspects of the agreement. I did
address some of your comments that apply to the "boiler plate" and standard sections, but will not change
Page 2,1 - General Condition C. The word private street has been added. However, the 660 foot is a
requirement of emergency services and will not change..
Page 3,1 - General Condition E. No changes have been made. When I get confirmation from staff on what
portion or portions of this project are designated as affordable housing, I will then add a Special Condition
clause to address any special considerations.
Page 3, 1 - General Condition F changes are okay
Page 4, 1 - General Condition I - no changes made, any items outside of the none will be addressed under
Special Conditions sections when applicable.
None of your other comments will be addressed, they fall outside the scope of the City Code and/or are not
acceptable to the City .
At this time the requested changes to the special sections of the agreement are still under consideration and
once some form of understanding is made between the City and yourself the agreement will be revised to
reflect those changes. In addition, I am returning to you the Sepia set of Utility plans unsigned. Please
obtain the necessary ditch company signatures before resubmitting them to me for City signatures. In
addition, you will need to submit the final Plat, Site and Landscaping plans to Mr. Bob Blanchard in the
City's Current Planning Department
Sincerely,
` L���D�aviidd Stringer
Develop Development Review Supervisor
cc: Scenic Views File:
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605
RMRI ®�►%
rocky mountain research institute
marketing, real estate and economic consultants
DATE: July 23, 1997
TO: Dave Stringer, Engineering Dept.
CITY OF FT. COLLINS
281 N. College
Ft. Collins, Colorado 80525
FROM: Bill Veio, Manager
SOLITAIRE PROPERTIES, LLC
6645 a nerrcage place s¢ - englew.d. m BO 1 1 1 _ 3C3-721-gp54
RE: SECOND FORMAL REQUEST FOR DEVELOPMENT AGREEMENT
DRAFT FOR REVIEW & APPROVAL ON SCENIC VIEWS
On June 11, 1977 we sent our Draft of the Development Agreement for Scenic Views to Ward
Stanford for critique and review. After a month had passed and we had not received a city draft
of the Development Agreement nor any response to our request, I called Ward for a status
report. He informed me that he had been transferred off the Scenic Views project and that you
were now responsible for preparing the Development Agreement.
According to the city Development Manual, we are supposed to have received a draft at least
two weeks prior to the P & Z hearing, and are supposed to have a signed Development
Agreement prior to the Final P & Z I Iearing. I have requested a draft from Kerrie Ashbeck prior
to our Final Approval, have requested a draft from Ward Stanford, and also from you in our
conversation of a week ago.
You told me you don't write the Development Agreement until mylars are requested. I have
reviewed all of the comments and question marks on the redlines I received on July 9 and can't
find one substantial comment that effects the Development Agreement. There are no major
design Flaws, issues, or changes in any of the comments. The comments are primarily of a
"housekeeping variety", comments addressing legibility, clarity, double notation, and drafting
techniques, and completeness, and neatness of notations. We will remedy as much of this as is
feasible. Some of the legibility comments can't be fixed because of the multiple overlays, but can
be read by referring to a different page of the drawing set. Other comments are just
that... comments that have no merit. Some comments are incorrect statements by the reviewer and
are clarified by our written responses.
In consideration of the type of comments we are responding to and correcting, we would like
you to initiate the Development Agreement now to minimize any unnecessary delays in our
proposed construction schedule.
I will meet this week with each reviewer and have them sign off on the Comments and the
Correction Action taken, and ask them to request mylars reflecting all changes. Would you
please call me and let me know who the appropriate persons are to meet with on the continents
other than Roger Buffington who signed his name. Thanks.
innovative ideas for industry since 1972
'd,y ! 11- 1 ; J r:' v f .e 30,-//1-414 [AX 303 //'-/198
n
July 14, 1997 j
City of Ft Collins
City Engineer
281 N College Ave
Ft Collins, CO 80522
Re: Scenic Views DUD
Dear Sir:
am writing to notify you that Civil Engineering Services is not representing Mr. Bill Veio
in the approval process for Scenic Views PUD. Any further processing of plans with
CES's work or logo is not authorized- I will not be signing this plan.
Sincerely /
John F. Coats, P.E.
Civil Engineering Services
X eM,.
og)9 South Hnly Circle • Suite 160 • Fo�lewood, CO 80112 • Off,ce: 303-%71-4191 • FAX 303-771-4198
August 7, 1996
Ms. Kerrie Ashbeck
City of Ft. Collins
Engineering Dept
281 N College Ave
yt Collins, CO 80522
Re: Scenic Views PUD - Utility Plans
Dear Ms. Ashbeck:
We have reviewed the second set of comments for the Scenic Views PUD. We appreciate
your allowing us to submit a response to the important issues prior to the August 7
deadline for the August P&Z hearing and follow up with a complete plan submittal
addressing all comments. Enclosed is a copy of the Overall Utility Plan showing the
proposed solution to the key review comments. A complete set of Utility Plans will be
submitted as soon as possible addressing all comments.
There have been several outstanding issues of contention between the developer and the
City which we would like to resolve at this point in hopes of gaining a favorable
recommendation from Staff to the Planning & Zoning Board. They are:
The City's requirement that all access easements be public thus precluding the
possibility of having a gated community. We will concede to this requirement.
2. Sidewalk along Elizabeth and Overland Trail has been moved to the right of way
to conform to the current Street Classification and Typical Section (old standard).
The following is an item by item response to the Engineering Dept. review comments:
1/1 'Title Sheet
A reference copy of the West Elizabeth and Overland Trail plans prepared by
Stewart & Associates has been included in this plan set.
'The sidewalk along W Elizabeth and Overland Trail has been relocated as
required.
The handicap ramps will be constructed to the City of Ft Collins detail D 12.5
dated 2/96 which has been added to sheet 18 of the Utility Plans. This detail
apparently replaces Detail 13 from the previous design standards was shown on
sheet 18 of the previous submission of Utility Plans.
A 2 foot area at a 2% grade behind the sidewalk has been shown on the typical
section and grading.
Sheet 1/2 Plat:
The dedication statement has been revised.
2. The Right of Way's for W Elizabeth, Overland Trail and Orchard have been
labeled as "Existing" on the plat.
3. The Plat has been titled "Plat of the Second Replat of Scenic Views PUD".
4. Note 4 has been revised as required.
5. Note 6 has been eliminated to avoid confusion.
Sheet 2/2 Plat
I . Tract D has been labeled a private drive.
2. The common Drives have been labeled as "Public Access, Utility and Drainage
Easements" as discussed above. I does not apply to "Driveways" on the lots in
the Duplex area.
3. Duplicate comment.
4. Tract C is the parking area adjacent to Lot 8.
5. The total right of way widths have been labeled. The current ROW on Overland is
60' east of the section line and 50' west for a total of I10'. The current ROW on
Elizabeth is 50' north of center line and 40' south for a total of 90'
6. Duplicate comment.
2/22 Overall Utility Plan
Phasing has been revised. There are now 5 phases. Phase I is the detention pond
area and the duplex area. Phase 11- Phase IV are the development of the condo
area in three stages. Phase V is the Daycare center.
2
A Phasing Plan has been added to the plans showing the utilities and site
improvements to be constructed with each Phase. Limits of construction for each
Phase of utility construction is shown on the appropriate Plan & Profile Sheets.
Street improvements will be completed with adjacent phases. The street
improvements along Overland Trail north of the out parcel will be completed with
Phase I. Parkway improvements along Elizabeth and road improvements along
Overland Trail will be completed with the adjacent phase of construction.
2. The entrances will be concrete to property line.
3. The medians have been moved so that the lip of curb is on the ROW.
4. Duplicate Comment.
3/22 Drainage and Erosion Control Plan
Duplicate Comment
Duplicate Comment
Additional field work is being done to show the existing grade and grading will be
revised before the next submission. The grading on the property to the north
doesn't appear to be a problem since it all drains to the existing drainage swale
along the north edge of Scenic Views. This drainage Swale is being filled in with
the Scenic Views grading. Local drainage from the north will drain along the toe
of the proposed grading. Manhole ST-4, located at the north east corner of Lot 6
will be changed to an area inlet to collect these flows.
As we discussed, we will stop curb & gutter at the proposed inlet and slope to
existing grade along the Scenic Views property.
The existing driveway on the lot to the north is located along the south portion of
that lot. Review of the proposed profile of Overland Trail shows that sight
distance to the south will be over 1000' and will be 500 feet to the north.
4. The easement for drainage across the Mountainaire Subdivision is in place and a
copy is located in an Appendix to the Drainage Report. See attached commitment
to grant easements.
5. The Developer still plans to develop the Single Family portion of the site on the
adjacent two lots. At that time Orchard Place will be extended to the west and end
in a cul-de-sac. A preliminary profile will be prepared and submitted along with
the plans to show the proposed grade of this cul-de-sac.
6. Construction fence will be added to the Erosion Control Plan along the north
property line adjacent to the lot west of the canal and around the out parcel along
Overland. The Erosion Control plan already shows silt fence along the east
property line on the west side of the canal and around the detention pond area.
This should cover the critical areas.
4/22 Drainage & Erosion Control Plan
Duplicate comment.
6/22 Site Improvement & Grading Plan
I. Duplicate comment.
2. A sheet has been added to the Utility Plans showing actual details of each driveway
entrance.
7/22 Site Improvement & Grading Plan
1. Duplicate comment.
8/22 Site Improvement & Grading Plan
I . Duplicate comment.
2. Duplicate comment.
3. Duplicate comment.
13/22 Overland Trail Plan & Profile
l . The street name has been revised to Overland Trail from South Overland Trail
throughout the Utility Plans.
2. Additional detail has been added to the plans
3. Duplicate comment /
4. Duplicate comment
5. The existing right of way along the out parcel is 50 feet. This is adequate room to
construct all road improvements except sidewalk. Mr Matt Baker has committed
to fund the improvements in this area.
4
6. The intersection of overland and Elizabeth has already been constructed by Lory
Ann Estates. The Plan & Profile of Overland in the Scenic Views plan has been
revised to match the design ofLory Ann Estates. � � � . � ( f Af
7. The construction limits will be shaded
8. A legend has been added to the Signing and Striping plan.
9. All lines are shown and adequately labeled.
10. Duplicate comment.
11. Additional copies of the plans will be provided for Street Oversizing and Traffic
Operations to review.
14/22 Overland Trail Plan & Profile
Duplicate Comment
15/22 Overland Trail Cross Sections
Areas of asphalt construction and overlay will be shown on all cross sections.
2. All cross slopes on the proposed section are really intended to have a 2.00% cross
Slope. Cross slopes are calculated to the lip of curb as is standard.
3. The requirement that Overland be designed with a 50 mph design speed will P tia.r„
require that major portions of the road be completely rebuilt. The cross sections i Jc
will be revised accordingly.
4. The sidewalk will be shown on all cross sections.
5. The required grading behind the right of way will be shown on all cross sections.
16/22 Overland Trail Cross Sections
l . Duplicate comment
2. Additional cross sections will be added.
16/22 Overland Trail Cross Sections
Duplicate comment.
The following is an item by item response to the Stormwater Dept. comments:
2.
Additional field work is being done to show the existing grade and grading will be
revised before the next submission. The grading on the property to the north
doesn't appear to be a problem since it all drains to the existing drainage swale
along the north edge of Scenic Views. This drainage swale is being filled in with
the Scenic Views grading. Local drainage from the north will drain along the toe
of the proposed grading. Manhole ST-4, located at the north east corner of Lot 6
will be changed to an area inlet to collect these flows.
Additional field work is being done to show the existing grade. Additional detail \
will be provided on the existing borrow ditch along Elizabeth.
3. On s' grading has been clarified.
4. Overflow swales have been provided at inlet 3 and 4. Flow calculations will be �ICJpV
included in the next submittal. Drainage easements have been provided at these
inlets.
5. Additional detail has been added to show how the over flow is conveyed
downstream.
6. The SWMM model will be updated.
The grading will be revised.
8. The location of the pipe, the actual configuration of the house and the proposed
drainage easement will be revised on the next submission of the plans. The actual
location of the existing house is approximately 11 feet east of the property line.
The storm sewer will be moved to 5 feet east of the property line. This will leave
6' between the storm sewer and the existing house.
Additional documentation will be provided on the program.
10. Per the hydraulic grade line calculations, the head required to maintain flow in the
pipe is below the water surface used in the orifice calculations. Therefore the
orilce is not submerged and will operate as an orifice.
11. A cross .section and calculations will be provided for the drainage swale.
12. The 5 foot inlet at design point 4 has been designed to intercept flows from both
the south and future north road improvements. When road improvements are
completed to the north the parkway grading required will provide the necessary 1'
ponding depth.
6
For the interim condition runoff from the north will continue to flow overland to
the Swale described above. The total drainage area to Design Point 4 is 1.32 acres
of which 0.55 acres is located south of the inlet. The 100 year runoff from the
south is 3.4 cfs. At a 0.5 foot pending depth the capacity of the 5 foot inlet is
50,930.8 = 3.7cfs which will intercept the entire runoff from the south. A
temporary asphalt curb will be added at the end of the pavement widening to
ensure that the 0.5' ponding depth is obtained.
13. The comments on the plan set and drainage report will be addressed with the next
submission.
The following is an item by item response to the Water & Wastewater Dept. comments:
1/22 Cover Sheet
Please provide a copy of the most current standards if the referenced standards are
outdated.
2/22 Overall Utiity Plan
Utilities, curb & gutter and centerline of W Elizabeth ST have been clarified.
2. The water line in Elizabeth and the curb & gutter are both existing.
3. The water service to the Clubhouse has been moved to provide a 10' separation
fi om the sanitary sewer service for Building 1.
4. Notes have been revised as requested.
5. The easements on the Overall Utility Plan have been revised to match the Plat.
6. Curb stops have been located in landscaped areas and enclosed in easements.
7. The water service sizes have been called out on the plans
8. A legend has been added to the cover sheet
9/22 Sanitary Sewer Plan & Profile
1. The conflict between the sanitary laterals and the storm sewer has been resolved by
raising the storm sewer.
2. The grading has been revised to provide a minimum of 4' cover.
7
RMRI
rocky mnuntain research institute
rnorker_irq. rc• vl ( zrrire :and economic consultants
DATE: December 31, 1997
6645 c 1 ritayc pl-acc _,vi cnyltwoo�. co E301 303-721-9054
TO. Dave Stringer, Development Review Supervisor FAX:970-221-6378
CITY OF FF. COLLINS Pages: 1
281 N. College Via Mail
Ft. Collins, Colorado 80525
FROM: Bill Veio, Manager
SOLITAIRE PROPERTIES, LLC
RE: REVISIONS TO THE DECEMBER 18,1997 DRAFT OF
DEVELOPMENT AGREEMENT -SCENIC VIEWS
Thanks for making the last set of incorporations which were important to us.
The four outstanding issues on your 12-18-97 list have been resolved with the respective
language clauses found below and on the attached draft of the Development Agreement.
1. The Affordable Housing Commitment. Refer to the attached 25-Year Protective Covenant
for Scenic Views. We will be unable to identify the individual units until the purchaser
is qualified for a given home. At the time of the buyer's closing the deed restriction will
be recorded for the respective unit.
2. Street Oversizing Language. After discussions with Matt Baker, the following additional
language is proposed for Page 9, Paragraph 3:
"Such reimbursement shall be made to the City after the Developer has completed all
oversizing improvements to Overland Trail which shall occur no later than the issuance
of the 11th building permit for a total of 88 residential units (excluding permits for garages,
the recreation center, pool, and fences), at which time or before, the Developer will submit
invoices for the oversizing improvements to the City for repayment. The City may elect
at that time to credit the above amount towards repayment of such oversizing
improvement invoices presented by the Developer."
3. Wetlands/Natural Resources Language from the City Stormwater Dept.
The wetlands commitment has been incorporated into page 1, item number 7 as an
improvement, plus page 7, item 7 mentions the requirement to establish an area of
wetlands within the detention area.
4. Pleasant Valley & Lake Canal Company Language. We have added their clauses on
pages 4, 6, 7, and 12.
Page 4, end of paragraph H. Add "the Pleasant Valley and Lake Canal Company".
1 innovative ideas for industry since 1972
Water main notes have been removed
4. Stations have been called out on sanitary laterals. Lateral tables have been
removed.
5. The storm sewer crossing the water line has been concrete encased.
6. A detailed profile of the water main crossing of the PV&L canal has been added.
A Clay cut off wall has been added on the downstream side of the crossing.
7. Cut off walls have not been added to the sanitary sewer at the PV&L canal
crossing since there is under drain in this area. A cut ofl'wall is shown at station
1+58 (54' from the center line of the canal) at the point where the underdrain
leaves the sanitary sewer alignment.
10/22 Sanitary Sewer Plan & Profile
I . The fire hydrant crossing has been plotted
2. Existing & Proposed grades have been called out.
3. Water main notes have been removed.
4. Sanitary lateral stations have been called out. The lateral tables have been deleted.
5. The dimension of the sewer line between MH I-11 and 1-12 has been corrected.
6. Engineering and Stormwater don't have an underdrain standard.
1/22 Sanitary Sewer Plan & Profile
Thrust blocks have been shown on the water main.
2. Sanitary lateral stations have been called out. The lateral tables have been deleted.
The w/m crossing is an 8"
4. The sanitary sewer has been moved over an additional 2 feet to separate SSMH 3-
2 trom the thrust block some more.
12/22 Sanitary hewer & Water Details
The requested details have been added to the plan
2. The cut off walls will be designed in the soils report.
18/22 Road Improvement Details
The City of Ft. Collins manhole adjustment detail has been revised to eliminate
using bricks to adjust grade.
19/22 Storm Sewer Plan & Profile.
The storm sewer has been raised to eliminate the conflict with the sewer laterals.
2. The lines in the plan view have been eliminated.
19/22 Storm Sewer Plan & Profile.
Concrete encasement has been specified at the w/m crossing.
2. Sheet 9 has been corrected to show a 30" RCP.
3. The sanitary sewer and water crossings will be added to the profile.
This completes our response to the review comments for Scenic Views PUD. If you have
any questions or additional comments please call me at 303-771-4191.
SinceF* n
John F. Coats, [I.E.
9
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June 28, 199E
Ms. Kerrie Ashbeck
City of Ft. Collins
Engineering Dept.
281 N College Ave
Pt Collins, CO 80522
pttm4. s .a":.4 YF'
Englewood, CO 80112 Offic¢ 303-711-4191 FAX 303 771-4198
Re: Scenic Views PUD - Utility Plans
Dear Ms. Ashbeck:
Attached are 4 copies of the revised Utility Plans and 2 revised copies of the Drainage Report
along with the red line sets of plans you returned to us.
I would like to apologize for the incomplete nature of the original submittal. It was submitted
to meet a very tight deadline in order to be on the agenda for the July P&Z hearing. Although
the original submittal was very sketchy, every attempt has been made to make this set of plans
as final as possible. It is still very important to us that we be heard at the July meeting.
The following is a response to the Engineering and Water and Waste Water comments on the
Utility Plans. A response to the Drainage comments and the Site Plan comments are in
separate letters.
Engineering
Title Sheet:
The City's requirements for the title sheet have been added.
Preliminary Layout
This sheet has been renamed to Overall Utility Plan and shows the site layout, utilities
and other information as required.
Site Improvement Plan Sheets
These sheets have been renamed to "Site Improvement & Grading Plan" They show a
large scale detailed design of the site. Grading, utilities and other features are as
shown on the other required sheets.
Sanitary Sewer Plans and Profiles
See the response to the Water and Waste Water comments below.
West Elizabeth and Overland Trail Plan, Profile and Cross Sections
West Elizabeth is going to be constructed along our frontage as part of the construction
of Lory Ann Estates which is currently being built across the street. Stewart and
Associates is currently revising their plans to reflect this change. They are working
with Mr. Malt Baker of your office.
The design on Overland trail has been refined. It should be noted that Stewart and
Associates is also revising their design on Overland Trail in front of Lory Ann Estates.
Our plans will need to be revised to match their design when it is complete.
Erosion Control and Drainage Plan
See separate letter from JR Engineering addressing Drainage comments.
Detail Sheets
Detail Sheets have been added.
Water & Waste Water:
Written Comments:
I . The required separations from the water and sewer lines and services will be
maintained. A note has been added to the landscape plan requiring a 10 foot separation
to trees and a 4' separation to shrubs and the landscape plans have been adjusted to
show these separations.
2. Sanitary sewer and water have been routed around the islands at the entrances.
3. Fire hydrants have been located at the specified locations. In addition to these locations
Fire hydrants have been provided at the end of the water line north of building 3 and at
the beginning of the cul-de-sac in the duplex area.
4. Utility locations have been coordinated with the landscape plans.
Plan Redlines:
Sheet I
This was the first shot at a "Final Utility Plan" l hope the second submission is better.
1 apologize for any inconvenience the original incomplete submittal caused.
An Index, General Notes and other requirements have been added to the Cover Sheet.
Sheet 2
I . The Island at the south entrance on Elizabeth has been moved to provide a 5'
separation to the fire hydrant service.
2. The connection to the existing water main at the north entrance on Elizabeth is shown
connecting to the existing stub.
3. The water main serving buildings 20 through 24 has been looped.
4. Water main fittings, length of pipe and service sizes have been called out.
5. Sanitary sewer manhole numbering has been shown. Sanitary sewer stationing and
service sizes are shown on the sanitary sewer plan and profiles (sheet 7-9).
G. ISLANDS
7. A north arrow and other necessary items have been added to the sheet.
Sheets 3-5
Water Main and Sanitary Sewer have been revised as is also shown on the Overall
Utility Plan (sheet 2) and the Sanitary Sewer Plan & Profiles (sheets 7-9).
2. 0.2' of drop has been provided across all manholes.
The sanitary Sewer and Water have been rerouted around the islands at the entrances.
This completes my response to the review comments. If you have any questions or additional
concerns, please call me at 303-771-4191.
Sincerely
s
John F. Coats, P.E.
Page 6, Item 3. Add "and thereafter".
Page 7. Item 8. Replace item 8 with these words:
"Nothing in this Agreement shall relieve the City, the Developer, its grantee(s), successors,
or assigns, or the Homeowners Association from agreeing to approve and support any
stormwater facility changes which tie into a developed drainage way and eliminate the
necessity of pumping the stormwater into the Pleasant Valley and Lake Canal Company
ditch."
Page 12, item L. Add these words:
"except for the Pleasant Valley and Lake Canal Company."
S. Other Changes We Found On Last Review. There is a need to clarify that permits for
garages, recreation center, pool, and fences are not included in the permit numbers for
residential units. Please add these words to the pages indicated:
"excluding permits for garages, and recreation center, pool, and fences"
Add to Page .5, item CA. Also change "or" to "for".
Add to Page 6, item C.1 in two places and change "or" to "for".
Typos and spelling changes are noted on the effected pages.
I will check in with you next week to see if these revisions will complete the Development
Agreement for signatures. Thanks for your assistance.
Rocky Mountain Research Institute
2
_tion Services
Engineering Department
City of Fort Collins
December 18, 1997
Mr. Bill Veio:
Rocky Mountain Research Institute
6645 E. Heritage Place South
Englewood, Co. 80111
Re: Development Agreement for Scenic Views
Dear Bill:
I am sending you this latest draft copy of the Development Agreement for your Scenic Views
project for your information. However, this is by no means anywhere near a final draft. As I
understand them there are still several outstanding issues which need to be addressed and then
added to this Agreement.
Out standing issues I have recently been aware of are:
The affordable housing 25 year commitment
Street over sizing language that is agreeable to the City and yourself.
Wet lands/ natural resources language from the City Storm Water Department
Pleasant Valley and Lake Canal language to be added to the agreement at the request of the
PV&L attorney through the City's.
As of this date I have not received language from storm water, street over sizing, the City's
Affordable Housing, department a copy from the PV&L attorney to be included in the agreement.
In addition there may other issues that I am not aware of. Therefore, please be informed that a
final Development Agreement for this project will not be drafted until such time as these
issues are resolved.
2A1 North CoR000-A%enuc • PO. Ro.,;80 -Fort Col l ins, CO 80522-0580 • (970) 221-6605
RMRI
rocky mountain research institute
marketingreal estate and economic consultants
DATE: December 9, 1997
TO- Dave Stringer, Engineering Dept.
CITY OF FT. COLLINS
281 N. College
Ft. Collins, Colorado 80525
FROM: Bill Veio, Manager
SOLITAIRE PROPERTIES, LLC
E645 a hem ge place so - englewo d. cn BO 1 1 1 - 303721 -5054
FAX: 970-221-6378
Pages: 3
Via mail and fax
RE: DEVELOPMENT AGREEMENT REVISIONS to YOUR NOV.17 DRAFT -
SCENIC VIEWS
Attached are the changes requested to your Revised Development Agreement Draft of the
November 17, 1997 for Scenic Views. The revisions contain the resolution of issues with the
Stormwater Division, and reflect our clearer understanding of the city's repayment of street
oversizing funds to developers. The Affordable Housing statements have been omitted because
they are covered in the City Code, Ordinances, and Resolutions. Other paragraphs in our
previous Draft have also been omitted for similar reasons.
Please call and let me know if these modifications are acceptable. Thanks.
Page 1, Paragraph 6. Change to read as follows:
Whereas, the Parties hereof have agreed that the development of the Property will require
municipal services from the City to serve the Property and will require the installation of
improvements which will benefit the land to be developed and also benefit the city as follows:
1. by providing Affordable Housing for city residents,
2. by improving arterial streets,
3. by adding bike lanes to the arterial streets,
4. by providing a professionally landscaped site perimeter with detached wide sidewalks,
5. by installing underground utilities,
6. by installing public walkways and bikeways along the Pleasant Valley and Lake Canal
and throughout this private development,
7. by creating a public park with trails & facilities including a wetlands area,
8. by creating storm drainage improvements which will significantly reduce the potential
of downstream flooding and property damage to downstream lands, residents, and
property owners.
1 innovative ideas for industry since 1972
Pages 2,3, Okay as shown.
Page 4, I. General Conditions I. Change first sentence only to read:
The Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VII
of the City Code in the agreed upon total amount of $16,476.18 as determined by the Stormwater
Division on November 7,1997.
Page 5, II. Special Conditions C-1. Change to read as follows:
The Developer and the City agree that all storm drainage improvements, as shown on the
approved utility plans for the development, shall be completed by the Developer in accordance
with said approved plans. The City Stormwater Division will allow the Developer to obtain 25%
of the proposed project building permits or up to 56 units, providing all on -site storm sewer
lines have been installed and certified. Additional building permits will be issued in proportion
to the completed area of the total site, to the corresponding acre-feet of storage in the retention
pond needed for Site -Only improvements. A simple arithmetic ratio will be satisfactory to
compute the area completed and the acre feet of storage required. Total stormwater drainage
improvements will be completed and certified on or before the issuance of 88 permits. This time
frame provides one full year of pond operation with the improvements and allows time for pond
modifications. Completion of the improvements shall include the certification by a professional
engineer. The certification will be done by individual building prior to the issuance of a
certificate of occupancy and will cover the associated infrastructure per building. i.e., curb and
gutter, parking areas, utility plan elevations, etc..
Page 6, II. Special Conditions C-6. Change to read:
The Developer and the City agree the Developer is obligated to maintain all on -site storm
drainage facilities not accepted for maintenance by the City. The Developer will'transfer this
maintenance responsibility to the Homeowners Association when the appropriate number of
homes have been occupied by residents. The on -site improvements shall include the detention
pond and all facilities associated with the drainage to and from this pond.
Page 6, II. Special Conditions C-9. Change last sentence only to read:
The purpose of this retention pond is to protect neighboring or downstream properties from
adverse storm drainage impacts.
Page 7, II. Special Conditions D-1, Streets. Add this sentence to the end of the paragraph:
In the event the City repayments fall short of the Developer's Cost of Construction, the City will
either rebate and/or waive the Developer's Street Oversizing Fund Fees up to the amount of the
Developer's Construction Cost for oversizing of the streets.
Rocky Mountain Research Institute
2
Page 8, II. Special Conditions. Add G at the request of the Ditch Company
G. Maintenance of the Pleasant Valley & Lake Canal Ditch
The Developer and a representative of the Pleasant Valley & Lake Canal Company have
discussed maintenance conditions, detention pond and pump maintenance, canal access, public
education programs, and the Developer's Stormwater Quality and Management Control Plan.
The Developer has a Ditch Crossing Agreement in perpetuity with the Pleasant Valley & Lake
Canal Company. A separate Permission to Discharge Controlled Stormwater Agreement will be
signed by the Developer and the Pleasant Valley Lake & Canal Company. This separate
Agreement allows controlled discharge of stormwater from the site detention pond into the
Pleasant Valley & Lake Canal in perpetuity, providing maintenance is conducted regularly and
properly and the Stormwater quality is acceptable. The Agreement will be recorded at the
Larimer County Clerk and Recorder office with a copy sent to the City prior to issuance of 25%
of the certificates of occupancy for the development.
The Developer is responsible for the operation and maintenance of the detention pond until
such time as all units to be constructed on the property are occupied. At the point in time, the
Homeowners Association ("HOA") assumes ownership of the common areas, the HOA will
assume the responsibility for the maintenance of the detention pond and the property along the
canal. The HOA will follow Standard Operating Procedures, prepared by the Developer in
conjunction with the Pleasant Valley & Lake Canal representatives, to handle grounds and pond
maintenance, resident and visitor education regarding the canal as a natural resource, and other
water quality and common sense programs for minimizing environmental pollution to their
residences, the common areas and canal. The HOA will periodically prepare stormwater
samples for testing to monitor the effectiveness of the detention pond design and to ensure water
quality continues to be acceptable to the Pleasant Valley & Lake Canal Company.
Page 9. Okay
Page 10, III. Miscellaneous. Add this new paragraph:
L. In the event any site specific development plan condition as reflected in this approved PUD
Site Plan and Final Plat were to be determined invalid by a Colorado court, such condition will
not invalidate the vested rights of the Developer, nor change the land use, nor the density
approved for the site.
Page 11. III. Miscellaneous. Correct address typo: Heritage
Page 11. III. Miscellaneous. Add the following paragraph "Q":
Q. Amendments to Agreement.
This Agreement may be amended at any time and from time to time by the Parties subject to
the same requirements of the original Agreement. Amendments to documents serving as Exhibits
to this Agreement shall be permitted without requiring formal amendment to this agreement.
Certain other changes shall not require a formal amendment. The City Planning Director's office
shall determine whether a formal amendment is necessary. This Agreement or clauses within
this Agreement may be amended or canceled by mutual consent of the Parties to the Agreement,
or by their successors -in -interest.
Pages 12, 13, and 14. Okay.
Rocky Mountain Research Institute
3
November 18, 1997
MEMORANDUM
TO: Dave Stringer, Engineering Department
FM: Ken Waido, ChiefPlanner;g�c/
RE: Scenic Views Development Agreement and Providing Affordable Housing Units
You asked me to review the Scenic Views Development Agreement revisions provided to you by
Bill Veio, Manager, of Solitaire Properties, LLC. I spoke to Bob Blanchard, Current Planning
Department Director, who is also the Project Planner for the Scenic Views development project.
Presented below is a summary of my findings.
The Scenic Views PUD was processed and reviewed under the criteria of the Land Development
Guidance System (LDGS). The project took residential density bonus points on the LDGS
Residential Density Chart for affordable housing. The LDGS has the following requirement of
projects utilizing the affordable housing density bonus:
The project must be accompanied by covenant documents or other adequate documents
(e.g., deed restrictions) to be recorded with the Office of the County Clerk, guaranteeing
the use of those dwelling units for low-income families (families earning no more than
80% of the Area Median Income as established by the Department of Housing and Urban
Development). The documents shall not be accepted until approved by the City as to legal
form and effect, providing that the use restriction be for at least twenty-five (25) years.
The above requirement maybe waived if the dwelling units for low-income families
are being provided under a contract with a governmental housing authority (e.g.,
the Fort Collins Housing Authority) which provided assurance that the units will
be alordable for at least twenty-five (25) years.
I see nothing in the submitted revisions to "Page 2, I. General Conditions B." that meets the
above LDGS requirement. Of course, I did not see all of the section, but it appears that Mr. Veio
must submit either covenants or deed restrictions for the City's review and approval in order to
satisfy the LDGS requirement. I guess the required commitments could be contained in separate
documents and just referred to in the Development Agreement, as an option.
Regarding "Page 3, 1. General Conditions E." and the reference to " l . the Affordable Housing
Fee Waiver for all plan submission fees." I spoke to Felix Lee, Building Permits Department
Director, and he indicated the City does not waive plan check fees. Therefore, this sentence
should be deleted from the Development Agreement. If the project does make the necessary
commitments to housing affordability, as required above, the project would become eligible for
the Development Impact Fee Delay Program and the Development Impact Fee Rebate Program
assuming the requirements of those programs are met.
Regarding "Page 4, I. General Conditions L", I am not aware of any "special payment provisions
provided for Affordable Housing" for storm drainage basin fees.
I guess the bottom line is, the City does not appear to have the necessary guarantees for housing
affordability in the Scenic Views project where I would feel comfortable in approving the
execution of the Development Agreement with any references to concessions for providing
affordable housing.
If you have any further questions, please feel free to contact me
cc. Bob Blanchard