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HomeMy WebLinkAboutOPERA HOUSE BLOCK BUILDING PUD - Filed GC-GENERAL CORRESPONDENCE - 2004-08-24MARCH, MYATT, KORB, CARROLL & BRAN DES ATTORNEYS AND COUNSELLORS AT LAW ROBERTSON BUILDING 110 EAST OAK STREET ARTHUR E. MARCH,JR. FORT COLLINS, COLORADO S0524 ARTHUR E. MARCH RAMSEY D. MYATT I909-198, MARK L. KORB (303) 482-4322 JOSEPH T. CARROLL, JR. MAILING ADDRESS: ROBERT W. BRANDIES, JR. April 22, 1986 P.O. BOX 469 RICHARD S. GAST FORT COLLINS,CO 8CE22 LUCIA A. LILEY J.BRADFORO MARCH Ms. Bonnie Trippoli Planning Department 300 LaPorte Avenue Fort Collins, CO RE: Opera House Block Building P.U.D. Dear Bonnie: Enclosed please find a copy of the suggested revision to the development agreement for the Opera House Block Building P.U.D. As you may recall from our phone conversation, the developer's primary concern is that the development agreement in its present form imposes conditions on the developer for the installation of certain improvements and contains representations and indemnifi- cations regarding the adequacy of those improvements. In looking at the document, the approach requiring the least amount of revision and retyping seemed to be to add a section under Special Conditions, presently found on page 6 of the agreement. The new section recognizes that this is a redevelopment project which utilizes existing buildings with existing municipal services, and that the provisions of Sections 1.A through 1.I as they relate to the requirement to install water lines, sanitary sewer collection lines, storm sewer lines and facilities, streets, curbs, gutters, sidewalks and bike paths shall not apply, and that the developer makes no representations or indemnifications with regard to the existing public improvements. I spoke with Dick Beardmore of A-E Design and confirmed with him that the only public improvements which are required as a part of the development are the undergrounding of electrical lines and the consolidation of water and sewer taps and a reference to those requirements is made in the new paragraph. If there are others, please advise and we can incorporate those in the paragraph as well. I have left intact all of the sections falling under the category in the agreement entitled, "Miscellaneous", even though many of those do not really fit a downtown redevelopment project. For example, Section 3.D dealing with wind erosion and requiring seeding to prevent such erosion contemplates a new subdivision in a previously undeveloped area. However, even though inapplicable, these provisions do not have the same impact on the developer as the provisions found in Section 1. Please review the enclosed addition to the development agreement and advise if it is satisfactory. Sincerely, MARCH, MYATT, B, C4RROLL. &BRANDES LAL/clb/b15 By: , tuci A. Liley— cc: Walt Brown N664NpW4cr yfPy s o'fJ IC&O mm AM ob--Ll� f1 � fE° v�fTo-r'rIEN OC(riV rIf �2. E�Ro�rIMEM'i G 6oI.I.oK1� r.�. 3�h'(EfiT I t "(t11�iGRoI-G�Hh�bt�'f � 6►3E •NAY l� ,� E rrEr�.cx= _ F,r-icP�i►�.�M�N' t� _ --_ OrF�� H,K-zv LiI��ri 77 i� � r 333 o s ~ FFzLLJ CC 171 J � • CD � zI O r- 'g�..'N a; D evelo- gent Services Engineering Department City of Fort Collins December 6, 1989 R.C. Heath Construction Company 141 Racquette Drive Fort Collins, Colorado 80524 Re: Requirements for Engineering Release of Certificate of occupancy for the opera House Project Dear Sirs: At your request., a walk-through of the Opera House Project was performed by our inspector on the site, Joe Crabill, and myself. The following is a list of items which are required prior to Engineering release for any type of Certificate of occupancy at 151 North College. 1. Completely remove temporary walkway adjacent to College, repairing asphalt damage as a result of construction. 2. Damp proof around tree wells as indicated on approved utility plans. 3. Clean and chalk joints in sidewalk, including joints at light poles, fire hydrants, etc. 4. Repair cracked and broken brick pavers at north side of main entry. 5. Raise curb stop boxes so they are readily accessible, but do not create a hazard to pedestrians, flush with surrounding area. 6. Replace meter pit lid with one which has a recessed nut. Existing lid creates a tripping hazard. 7. Owner to sign amended Development Agreement and submit 100% of estimated cost for his share of the alley reconstruction. 8. All sanitary sewer and water service relocation, abandonments and relocation on the College Avenue side are to be completed and accepted by the City. ,IIU 1 forte .Aeenue • 1'.O. BoA 5xi) Fort ( ollins, ( 0 80522-O;s) 1303) '_-1-6605 R.C. Heath Construction Company Page Two Hopefully, this letter addresses your needs. If you have any questions, please contact me at 221-6605. Sincerely, David Stringer Chief Construction Inspector cc: Gary Diede Felix Lee Mike Herzig Deveio ent Services . nKineermQ Department February 1, 1990 Walt Brown Mountain Avenue Properties 149 N. College Avenue Fort Collins, Colorado 80524 Re: Signs in Right -of -Way at Opera Galleria Dear Mr. Brown: I have been unsuccessful at contacting you by telephone, so I am writing to inform you of the City's decision regarding the signs on the sidewalk adjacent to the Opera Galleria project. After much discussion among City staff, it has been determined that signs in the public rights -of -:ay are not appropriate. Therefore, I ask for your cooperation in removing the signs -which currently exist at the main entrance to the Opera Galleria project. Additionally, I must ask that the conduits which exist under these signs be removed or barricaded on a temporary basis to protect the pedestrians using this sidewalk. I understand you have submitted a request to the Planning Department to allow inforcation/advertising signs at the same locations as the current signs. However, permission has not been given to allow these types of signs either. If the signs are not allowed, then the conduits are to be removed below or flush with the finish sidewalk elevation. This removal work is to be completed in a mariner acceptable to the City. I thank you in advance for your cooperation in this matter and hopefully the issue of signing this project can be worked out to everyone's satisfaction. Sincerely, David Stringer Chief Construction Inspector cc: Gary Diede Ted Shepard Mike herzig ... � 1' 1 It 1 J111 `1­_ `l' . -- MOUNTAIN n AVENUE PROPERTIES Moiml�in Avenue Properties March 23, 1989 Mr. Michael Herzig Assistant City Engineer Development Center office of Development Services 300 Laporte Avenue Fort Collins, Colorado 80522 Dear Michael: MAR 8 ':;'`3 Please find enclosed our proposed revision to the utility easement granted as a part of the RID application prepared by A-E Design Associates (dated 3.5.86). This PUD was prepared prior to master planning efforts by Urban Design Group, a Denver based architectural firm, who is providing professional services for the project we have named the "Opera Galleria". The easement. is to be used for the location of four transformers, gas meter(s), telephone pedestal, and any additional miscellaneous equipment as required. Through their master planning efforts and discussions with local utilities; including Public Service, U.S. West Communications, Columbine Cable, and City of Fort: Collins Lsght and Pacer, Urban Design Group has determined the area included in the easement as currently defined is far more generous than what is actually required. All these utility companies have been contacted and are in agreement with Urban Design Group's revised easement (except for storm drainage who has not yet returned Urban Design Group's call; however they will not be affected by the change). The current master planning and analysis being prepared by Urban Design Group allows for an easement of different size and shape. We would appreciate your consideration of this matter in a timely fashion. In order to proceed with our proposed construction schedule it is necessary for us to receive a decision on this matter at the 24 April 1989 Planning and zoning board meeting. If you, or any of the utilities, have questions regarding this proposed revision please contact our project architect: Eric Claussen Urban Design Group 1675 Broadway, Suite 1300 Denver, Colorado 80202 (303)623-3800 Thank you once again for your consideration. t��O�nWalr F.General Partner Historical Gera House Properties, Ltd. WB/vh cc: Eric J. Claussen - Urban Design Group Bob Heath - R.C. Heath Construction A:079\015\M=IL.SAM July 21, 1989 Mr. Walt Brown Historic Opera House Properties, Ltd. 149 North College Fort Collins, CO 80524 Re: Block 21 Alley Improvements Dear Walt: We have recently completed our efforts on behalf of the Opera Galleria Project for the Urban Design Group. As you are aware there is additional design necessary for storm and sanitary sewer in the alley prior to reconstruction of the alley surfacing south to Mountain Avenue, as described on sheet C-1 of the UDG plans. This letter serves as a proposal to you regarding design services for both the sanitary and storm sewer in the alley. Attached is our proposed scope of services, which will result in a set of construction drawings for both sewer lines and related appurtenances in accordance with City standards and criteria. Additionally these drawings will update plan and profile information on the alley resurfacing, currently shown on UDG sheet C-1, as this will likely change with the inlet geometry in the alley. We propose to prepare the construction drawings for a fee of $3,530. Since both the storm and sanitary sewer are not your obligation, some payback arrangement must be established with the appropriate City utilities. The above fee can be divided into $2,120 for storm sewer and related appurtenances, and $1,410 for sanitary sewer drawings. We would suggest organizing a meeting with City staff to discuss this matter upon your return to Fort Collins. We are in a position to commence work immediately, and barring coordination problems, can produce drawings for City review in 10 to 14 days. Please call should you have any questions. Sincerely, ENGINEERING PROFESSIONALS, INC. Bob Schildgen Eno ENGINEERING PROFESSIONALS INC. 2000 Vermont Dr., Fort Collins, CO 80525 (303) 226-38520 Plaza of the Rockies, Ill South Tejon, Suite 300, Cclorcdo Serinas, Colorado 80903 [303) 634-5006 SCOPE OF SERVICES BLOCK 21 ALLEY IMPROVEMENTS 1. Storm Sewer A. Determine design requirements and coordinate scope of proposed sewer and attendant inlets with Stormwater utility and Resource Consultants (Old Town Master Plan consultant). B. Perform design calculations for sewer and inlet. C. Revise proposed alley plan and profile as necessary to accommodate necessary inlet configuration. D. Prepare plan and profile sheet for storm sewer. E. Prepare necessary detail drawings for inlets and appurtenances. 2. Sanitary Sewer A. Determine scope of proposed replacement main and services with Water and Sewer Utility. B. Prepare plan and profile sheet for sanitary sewer. C. Prepare necessary detail drawings for sanitary sewer. 3. Miscellaneous A. Coordinate sewer(s) design with other work in alley, including Opera Galleria, electric, gas, telephone and other utilities. Update plans as necessary to reflect utility conflicts and other work. B. Prepare title sheet, notes and summaries in accordance with City expectations. Note: The above scope of services specifically excludes any additional topographic survey required outside of the Block 21 alley, and any construction related services such as staking, contract administration or observation. 0 City Att rney Citv of Fort Collins DATE: September 27, 1989 MEMORANDUM �81989 TO: Tom Peterson, Director of Planning �/� FROM: W. Paul Eckman, Deputy City Attorney Y RE: Opera House Construction Project You have advised me that the roof drainage from the Opera House building is tapped into one of the City's sanitary sewer lines, and you have shown me a copy of a September 21, 1989 letter from Jim Hibbard to Walt Brown indicating that this discharge of storm drainage water into the sanitary sewer line must terminate. You have also advised me that Walt Brown is requesting that the Wastewater Utility permit the discharge of storm drainage water into the :unitary sewer under the theory that the discharge has been occurring for many years and that the discharge occurred prior to the time of his purchase of the property. I understand Mr. Brown believes that, since the discharge has existed for many years (perhaps since the construction of the building), past his- tory gives him the right to continue to discharge storm drainage water in this manner. Section 26•-258(e) of the City Code prohibits the discharge of storm drainage water through roof drains, sump pumps and other mechanisms into the City's sanitary sewer. The reason for this prohibition is, as Mr. Hibbard outlined in his September 21, 1989 letter, that the cost of treating storm drainage water for sub- sequent discharge under the City's NPDES Permit occupies millions of dollars of treatment capacity and many thousands of dollars in operating costs, and the City's policy is to, upon discovery of these unlawful discharges, terminate them. I have asked Mike Smith if the Wastewater Utility has any knowl- edge of a permit that might have been granted to the owner of this building in past years to discharge storm drainage water in this way. Fie indicates that he does not believe there would have ever been any permits issued for this purpose. I also asked him if the Wastewater Utility had actual knowledge of this specific discharge and failed to exercise its rights to prohibit the dis- charge over a number of years. In other words, is the City guilty of :sitting on its rights (equitable principles of latches or equitable estoppel) so that it could not now enforce Section 26-258(e) of the Code? He told me that the City had no specific knowledge of this discharge, although the Wastewater Utility anticipates that there are certain buildings in the older part of 300 LaPorte Avenue • P. O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6520 Tom Peterson, Director of Planning September 27, 1989 Page 2 the City that might discharge in this way. Whenever the Utility discovers these discharges, it takes steps to terminate the dis- charge except in cases where, for some physical reason, it would be impossible to do so. In the case where a building is under construction, it is fairly easy to remove the storm water from the sanitary sewer and discharge it into the storm sewer system. Since 1948, the City has been treating its sanitary sewage, and as a result of that treatment, the City has, progressively, sought to ensure that storm drainage is not discharged into the sanitary sewer system subsequent to that year. (Prior to 1948, the City's sanitary sewage was dumped raw into the Cache La Poudre River.) In recent years, the Environmental Protection Agency has been more active in imposing water quality standards which the City must meet as part of its discharge permit. The City's Wastewater Treatment Plant and process are expensive facilities of the Utility and should not be used for the treat- ment of rainwater. Based on the information that I have received, I see no legal reason why the City should permit this discharge. WPE:whm cc: Mike Smith, Director of Water and Sewer 9 October 1989 Mr. Dave Stringer City of Fort Collins P. O. Box 580 Fort Collins, Colorado 80522 Re: Opera Galleria Encroachment Permit Dear Dave: 8ECEivE( OCT ' 1969 ngineering Dept On behalf of the Owner, Walter F. Brown, we respectively request an Encroachment: Permit for the Opera Galleria Project. The extent of the encroachment in plan area is indicated on the enclosed sketch. In elevation the encroachment will project into the alley only to a height of 1o1'-8" relative to our project datum, or approximately 2'-0" maximum above the alley paving surface. The building will remain within the property line from this point upward with the exception of the projecting cornice shown on the documents. The traffic through this "L"-shaped portion of the alley is expected to be minimal, however we feel some protection of the building is warranted. Our proposed solution is a 4" thick masonry base. Given the 20-foot-wide alley, the 2" or 4" encroachment should not inhibit the one-way traffic flow through the alley. Also our discussions with the Poudre Fire Authority have indicated that fire truck access through this portion of the alley is not a consideration since their vehicles cannot negotiate the joq in the alley in its present state. As a final comment, the most limiting projection at this portion of the alley will be the corner hollards, not the masonry base. Two hollards already exist of the corner of the neighboring structure across the alley to the southwest. We have proposed a pair of bollards at the corner of our construction as well (grid intersection 8-A). 'Ale request that the encroachment permit also include these two bollards (detail enclosed). URBAN D-SIGN GROUP Mr. Dave Stringer 9 October 1989 Page Two Please feel free to call with any comments or questions. If you should find this request acceptable, please send originals of any correspondence to: Mr. Walter F. Brown Historical Opera House Properties 149 North College Avenue Fort Collins. Colorado 80524 Please send copies of any correspondence to my office as well. Sincerely, Eric :J. Claussen URBAN DESIGN GROUP, INC. cc: Walt Brown - HOHP File 783/3.3 OG2/ec94