Loading...
HomeMy WebLinkAboutBLOCK 14 261 PINE STREET PINE STREET LOFTS - Filed GC-GENERAL CORRESPONDENCE - 2004-12-02(WCB)Weld County Bank \Inrlrrn &oikor-, I1ah ()Ir joshiom(( sirrirr June 11, 2004 City of Fort Collins Engineering Department 281 N. College Ave. Fort Collins, Colorado 80524 Dear Sirs: We hereby establish, at the request and for the account of P.V.C. Redevelopment, LLC, in your favor as beneficiary, our Irrevocable Letter of Credit No. 050, in the amount of Fifty three thousand eight hundred seventy — three and No/100 Dollars ($53,873.00) (as more fully described below), c;f f ectivc immediately and expiring at the close ofbanking business on June 11, 2005, at our office at 7251 W. 20"' ST.. Bldg A, Greeley, CO 80034. This Letter of Credit is intended for the funding required for the PineStrcetLofts Development Project ("Development Project") for the assurance of the completion of the constriction and the maintenance and repair of the public infrastructure in connection with the aforesaid development project and its associated development agreement and development construction permit. Funds under this Letter of Credit are available to you for one or more drawings prior to the close of business on June 11, 2005, against sight drafts in an aggregate cumulative amount not to exceed $53,873.00, dated the date of presentment, drawn on our office referred to above, referring thereon to the number of this Letter of Credit and accompanied by your written certificate signed by you and acknowledged as therein provided iii the form of Exhibit 1 hereto. Presentation of such draft and certificate shall be tnade at our office referred to above. Upon the earlier of (i) our honoring ,your draft(s) totaling 553,873.00 in the aggregate presented on or before this Letter of Credit expires pursuant to the terms herein or (it) the surrender to us by you of this Letter of Credit for cancellation, this Letter of Credit shall automatically terminate. It is understood that the amount of this Letter of Credit may be reduced as public improvements are uonstnrcted and accepted by the City. As components of the infrastructure are satisfactorily completed in accordance with approved utility plans, the value of the completed components maybe established from the Development Construction Permit workshect for determining costs of infrastructure construction and inspection fees, whereupon the amount ofthis letter oferedit may be reduced by the value ofthe completed component(s). upon execut.on ofa"Request for Amendment to Utter of Credit" in the form attached hereto as Exhibit 2 . This letter of credit shall be subject to the Uniform Commercial Code as in effect in the State of Colorado, and. to the extent not inconsistent with the terms of this Letter of Credit and the Uniform -',1 11 �s1 "_(lllt bU'n i. `,r iil�-_I (; rrrir-fL tuiurCfriu S(1(i;� copy l'IIr�uP .'). rl-�>�I'J-Jti0(1 • ./[�.r 0: U-;:Sf)-�iti�5 BERRYHILL October 8, 2003 Mr. Gary Diede Transportation Operations Director City of Fort Collins 215 N. Mason Street Fort Collins, Colorado 80524 Re: Pine Street lofts - Variance Request Dear Mr. Diede, Via Hand Deliver P. V.C. Redevelopment, LLC is submitting this variance request for the Pine Street Lofts project. Pine Street Lofts is a fourteen (14) unit downtown multi -family residential project located at the southwest comer of Jefferson St. and Pine St., in old town Fort Collins. The Fort Collins Downtown Development Authority unanimously approved participation for this project on October 2, 2003. The project is being processed as a Basic Development Review project and we made our second submittal for this project on October 8, 2003. The project site has been very challenging to design due to its location, site configuration and existing condition of surrounding public improvements. City Staff has identified several items in which a variance to the City design criteria will be required such that the integrity of the overall design and functionality of the proposed building are not compromised. Those items are more specifically identified and our reasoning for requesting a variance is as follows: Stairways and patios within the Rights -of -Way (R.O.W.). We located the access to the underground parking structure off the existing alley to eliminate access conflicts onto Pine Street and provide a more aesthetic streetscape along Pine Street which is consistent with the recommendations of the Downtown Strategic Plan. The stairs and ADA ramp along Jefferson Street are necessary because we are not able to ramp the parking structure down enough to provide at grade access points. The ADA ramp is required to provide ADA accessible units on our first level flats and to meet the criteria of the Fair Housing Act. The proposed configuration of the stairs and ramp along Jefferson is similar to what was approved in front of the Home State Bank building on Mountain Avenue, the difference being that we have parallel parking along Jefferson where Home State Bank has head in parking, in addition we are providing more clear distance between the back of curb and planters screening the ramp and stair locations. The stairs into the building along Pine Street are, required to meet the requirement of providing direct access to the units from the street side. The raised patio areas on either side of the stair ways are required to soften the overall massing of the entry ways and allow the building elevations to be more aesthetic from the Pine Street pedestrian level. The patio areas are common areas which will encourage pedestrian activities to Pine Street, which is also a goal of the Downtown Strategic Plan. With the elimination of the drive aisle on the west side of Pine Street, we are providing a substantial streetscape area and the stairs and patio areas do not compromise the pedestrian Pine Street Lofts October 8, 2003 Page 2 of 4 walkways adjacent to Pine Street. We currently have a meeting set up with City Staff and CDOT on October 16'' to the encroachment issue. 2. One foot of freeboard at parking structure entrance. City Staff said that the City requires one foot of freeboard from any entrance to a major drainage way. The high point in the alley is the top of the concrete apron at the invert of the alley at Pine Street. This point is also the high point of the drainage basin that drains through the alley to Jefferson. The elevations of the proposed reconfiguration of the alley at the access point to Pine Street will route any excess storm water flows through Pine St. and not down the alley. The combined effect of these conditions results in a very minimal amount of runoff in the alley at the point where the garage access ties into the alley. We currently are providing 0.41 feet of freeboard from the conveyance in Pine St. to the high point at the south end of the alley where it intersects with Pine Street. This is measured from the top of the alley apron (Elev. 4977.00) to the high point on the proposed curb island (Elev. 4976.59) and any ponding flows at the alley entrance will route and continue down Pine Street. The entrance point to the underground parking garage is slightly north of the high point and is 0.11 feet below the high point in the alley. Pine Street experiences very limited 100-yr flows (-2.47 cfs) and we feel that a variance from the one foot requirement is justified given the minimal flows within Pine Street and that the existing grades do not allow much relief from a drainage standpoint. The solid garage door is set at the highpoint of the driveway access and drainage of the exposed drive will flow towards the alley. We are reconstructing the entire alley from Pine St. to Jefferson St.. The existing alley slopes into the existing building on our site. The new alley will be constructed with an inverted crown to provide positive drainage to Jefferson St., which does not currently exist. We request a variance for the one foot freeboard requirement given the limited flows that both Pine St. and the alley will experience and that we are improving the existing drainage through the alley overall. 3. Inlet at north end of alley. City staff said that City criteria requires an area inlet at the end of the alley. Currently, an area inlet does not exist and run-off from the alley runs against the Poudre Valley Creamery building and sheet flows across the existing access ramp into Jefferson Street. The existing alley does not have an inlet primarily because there is not enough grade in the alley nor Jefferson St. flow -line to allow an area inlet to be installed. There are existing garage doors on the west side of the alley which abut the property line on the northwest end of the alley. If there was a way to put an inlet at this location, any blockage of this inlet could create a flooding issue into the existing buildings and subsequent liability issue given the flat grade through the alley. The alley is aligned in a north -south alignment which will help with any potential icing issue that could occur at the access point to Jefferson St.. Given that we are improving the drainage situation through the alley with the reconstruction and that an area inlet does not currently exist, we are requesting that a variance be granted for the elimination of an area inlet at the north end of the alley. 4. Extension of 8" water main in Pine Street. City staff has requested that we replace the existing 4" water line with an 8" water line from the point the City recently installed the water line in Pine St. to the southern limits of our site. Earlier this year City Staff that were working on the Jefferson St. Pine Street Lofts October 8, 2003 Page 3 of 4 overlay project requested that we move the existing 2" water service to Pine St. such that the existing water service could be abandoned on Jefferson St. City staff said they were replacing the existing 4" line with an 8" in Pine Street, but never mentioned any requirement for extending the replacement of the 4" line further south. We do not have an issue with moving the service as long as additional cosies won't be incurred doing so. We are willing to install the new service line and water meter for the site, but there was never an agreement to replace the existing 4" line for the remaining portion abutting the site. Given that our project does not require the 4" line to be upsized to an 8" water line and that we will agree to install the new service line and water meter, we feel City should be responsible for upgrading their existing facilities. If we are required to replace the remaining 4" water line in Pine Street then we would need to maintain the existing water meter location and the City would need to reinstall the service to the meter pit which the City abandoned. 5. Private Access to underground parking garage. City staff has requested that we realign the access to the parking structure at a 901 angle with a 25 It tangent. We have achieved this requirement but at an 80' angle, which is allowed per City criteria. The solid garage security door is set back 4 feet from the alley. It is critical that we do not set the garage door further into the driveway access so we not create a large area that will be a potential security issue for future home owners and a prime location for vandalism. The police department has raised concerns in the area with regard to providing the necessary lighting for security. The access alignment does not compromise turning movements into and out of the access point and has adequate sight distance for vehicles turning into the alley. We request a variance for allowing the garage door to be set back 4' from the edge of alley in lieu of the 8 ft required per City criteria. 6. Turning radius at comer of Pine & Jefferson. City staff requested a 25 ft turning radius at the southwest comer of Pine & Jefferson adjacent to our site. We have widened the Pine Street access width to 24 feet iin lieu of the existing 20 feet existing width in response to both City Engineering and Poudre Fire Authority. We are providing the same radius that exists at the corner (10'-0") in order to save the existing tree located at the intersection. The Pine St. access has two mature trees that frame the entrance onto Pine Street, eliminating the tree to provide a 25 foot turning radius would substantially deteriorate the character of the street. Also, Pine Street does not and will not experience a large volume of truck traffic accessing onto Pine Street. Therefore, we are requesting a variance with regard to increasing the turning radius to 25 feet from what already exists. We feel that our variance requests are valid given the constraints of the site and the goal of developing a project that is both cohesive with the historic district as well as improving the existing conditions of the site, surrounding public improvements and the immediate area as a whole. Re- development projects in older parts of downtown are difficult by definition and require the City's cooperation and foresight to become successful. Applying new development standards created for undeveloped large subdivisions is next to impossible for a project of this sort to be feasible. We look forward to discussing the items listed above at your earliest convenience. I can be reached at 303.444.5404, Thank you for your consideration of our request. Pine Street Lofts Sincerely, P.V.C. Redevelopment, LLC Kevin L. Berrylull, P.E. Manager Enc: Elevations, Landscape Plan Cc: Chip Steiner, President of Fort Collins DDA Larry Stroud, Chairman of DDA Marc Virata, City Engineer I File October 8, 2003 Page 4 of 4 Transportation Services Administration, Citi of Fort Collins October 23, 2003 Mr. Kevin Berrvhill Berryhill Development, Inc. 1708 Walnut Street Boulder, CO 80302 Re: Pine Street f ofts Right -of --way Encroachment Dear Mr. Berryhill I am in receipt of the Variance Request Letter you had submitted on October 8, 2003. There were six items listed in your letter, some of these items are not within the jurisdiction of the Transportation Services Area. Therefore, I will comment only on the transportation related items. Upon its receipt, copies of your letter were forwarded to the City's Utility Services Area for their review. I would suggest contacting Glen Schlueter and Roger Buffington for follow-up on items 2 and 4 respectively. Items 3, 5, and 6 are variance requests that I prefer first having a complete review and evaluation done by our City Engineer, Cam McNair. Since Cam has not seen these requests previously and his decision is necessary first, it would be more appropriate if he initially reviewed these. Cam will respond to these requests. Item I is an appeal to the denial Cam McNair issued regarding the allowing of structures to be constructed within public right-of-way. I have reviewed your request with Cam and other City staffand have concluded that encroachments on Jefferson Street and Pine Street may be acceptable, provided revisions to the design are made on Jefferson Street, which will be of benefit to the health and public safety of the general public. In addition, the issuance of encroachment permits is required and the entering into a leasing agreement with the City is required as described. As you know, Jefferson Street also requires approval of any encroachment by the Colorado Department of Transportation (CDOT). It is my understanding that last Thursday, CDOT indicated a willingness to grant encroachments along Jefferson, provided that an acceptable redesign was made to address their concerns of allowing pass -through pedestrian movement within the encroachment, while ensuring the building would remain in code compliance should Jefferson Street be widened in the future. I have reviewed their recommendation and concur with the following specifics that need to be addressed in such a redesign: Berryhill/ Pine Street Lofts Right-of-wav Encroachment October 23. 2003 Page 2 1) An alternative design must be submitted and approved by both the City and CDOT showing pedestrian access is maintained through the use of a continuous "ramp -up" and "ramp -down' movement along Jefferson Street, in a manner similar to Home State Bank. 2) The use of planters along Jefferson as shown on the plans is not acceptable. They inhibit the use of the sidewalk along Jefferson Street, where 9 feet minimum of continuous walkway is needed. In the absence of planters, landscape pots should be looked into at locations along the public walk adjacent to Jefferson Street. 3) An encroachment permit will be required for these encroachments. The proposed design on Pine Street is satisfactory as presented. This will also require the issuance of encroachment permits for the structures. In addition, a leasing agreement will need to be worked out between the City and yourself as the proposed patios are not intended for public use but are located within public right-of-way. When an alternative design is completed for Jefferson Street and submitted to both the City and CDOT, I will follow up with City staff to verify compliance with the concerns listed here. Staff will also initiate the process for issuing encroachment permits and entering into a leasing agreement as part of the review process. Let me know if you have any further concerns or if I can help clarify this matter. Sincerely, Don Bachman Acting Transportation Operations Director cc: Cam McNair, City Engineer Mike Herzig, Special Projects Engineer Dave Stringer, Development Review Manager Marc Virata, Civil Engineer "Tess Jones, CDOT Region 4 Access Manager Transpr, *-tionServices Engine; nnb Department City of Fort Collins November 3, 2003 Mr. Kevin Berry.hill Berryhill Development, Inc. 1708 Walnut Street Boulder, CO 80302 Re: Pine Street Lofts Variance Requests Dear Mr. Berryhill: This letter is in response to portions of your variance request letter dated October 8, 2003, more specifically items 3, 5, and 6. As you are aware, your first item is undergoing discussion. Items 2 and 4 were discussed at last Wednesday's staff review and were approved by City Stormwater and Water/Wastewater respectively. The City Engineer has evaluated the aforementioned items and has decided to grant item 5 regarding garage door setback from an alley, and item 6 regarding the corner radii on Pine and Jefferson. Item 3 however was denied by the City Engineer. It was concluded that there is no compelling evidence that an inlet could not be constructed and tie into the storm sewer system on Jefferson Street. Let me know of any questions or concerns. Sincerely, Marc Virata Civil Engineer cc: project file 281 !North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378 www.fcgov.Com Dee 15 03 01:39p Kevin B (303)444-5096 p.2 December 15, 2003 Mr. Cam McNair, City Engineer Engineering Department City of Fort Collins 281 North College Fort Collins, Colorado 80521 Re: Pine Street Lofts — Alley Drainage Dear Mr. McNair, F,M)MM BERRYHILL Ro�r��Mar l�l n�inhmm�nf Inn Via Fax 970.221.6378 This letter outlines our proposal for handling the drainage from the alley that enters Jefferson Street. I am writing this letter in -lieu of my engineer because he is out of town this week and we need to proceed on this quickly. There are three possible drainage solutions in our opinion that can be applied at the north end of the alley. It is our understanding the City is concerned about sheet flow across the sidewalk that could freeze during the winter months. The existing alley drainage currently sheet flows across the drive entrance into Jefferson St.. Based on the attached drainage calculations, the 2-year design flow generates 1.31 cfs. This flow includes the portion of the parking lot to the southwest that drains into the alley and the buildings on the west side of the alley than have roof drainage to the alley. The following outlines the three drainage solutions: 1 _ Option 1 -Drainage contained in Putter. Ibis option revises the configuration at the north end of the alley to direct the flows to the east side of the alley at the access onto Jefferson St.. The configuration is consistent with the City's standard detail except for the curb return radii due to the skew of the access alignment onto Jefferson St. The 2-year design flow is in excess of that flow by 0.81 cfs, however the amount of flow from snow melt is typically not consistent with a 2-year event and will most likely be less than 0.5 cfs. This option provides for better drainage that what currently exists and has the least amount of impact on City maintenance. This, option requires the City to grant a variance on the 0.5 cfs criteria. 2. Option 2 - Drainage through sidewalk chase. This option revises the configuration at the north end of the alley to direct the flows to the east side of the alley as in Option 1, however a sidewalk chase is added to pick up all of the 2-year design flows and directs them to the curb and gutter on Jefferson St. and eliminates the potential for icing over the sidewalk. Although the attached detail shows the chase cutting a portion of the ADA ramp, my engineer is confident that we can meet ADA accessible requirements in this location and can be shown with additional detailing if this option is determined to be the preferred Dee 15 03 01:39p Kevin B (303)444-5096 p.3 Pine Street Lofts 3. O ration 3 — Storm Sewer and Inlet. December 15, 2003 Page 2 of 2 This option would include an area inlet as per the City's standard detail and storm sewer connected to the existing inlet on Jefferson St. at the east end of the building. The problem with this option would be the interference it would create with the proposed trees along the Jefferson Street frontage. The City utility department requires a minimum of 6 feet separation from the trees to the storm sewer pipe - Off -setting the storm pipe by 6 feet would put the storm sewer too close to the building. This option also creates significant maintenance responsibilities for the City and based on the amount of flow (1.31 cfs) we feel that a storm sewer facility is not warranted because of the minor amount of flow and that the existing drainage system has operated without storm sewer for decades. We propose that Option 1 be considered as the preferred option whereas this option has the least amount of impact on City maintenance as well as conflicts within the sidewalk section. We do not feel that the amount of flow from snow melt will be in excess of the 0.5 cfs and that the freezing runoff over the sidewalk will not be a problem. We also feel that applying new development standards on an iri-fill site that has existed for decades is not consistent with the City's goal of promoting re -development projects in Downtown Fort Collins. We thank you for consideration of our proposal and look forward to discussing this issue with you fiuther. I may be contacted at 303.444.5404. Sincerely, P.V.C. Redevelopment, LLC Kevin L. Berry Tl, P.E. Manager Enc: Option 1 and 2 Details, drainage calculations Cc: Marc Virata, City Engineer I Chip Steiner, DDA President File Dee 15 03 01:39p Kevin B (303)444-5096 p.4 f L� owGiNE i ION 1 } ._. Commercial Code, the Uniform Customs and Practice for Documentary Credits, 1993 revision, ICC publication number 500. ]'his Letter of Credit will be automatically extended without amendments for one year from the present, and each future, expiration date thereof, unless Issuer delivers written notice at least sixty (60) days prior to any such expiration date to the City of Fort Collins of its intent not to renew this Lctler of Credit. Anv such notice shall be in writing and shall be delivered with an acknowledged receipt, either in hand or by certified mail. Any amendments to this Letter of Credit shall be made in the form of Exhibit 2 hereto. The City may at anytime request that the Bank amend this Letter of Credit by submitting to the Bank a fully executed certificate in the form of Exhibit 2. The Bank may thereafter promptly issue an amendment to the Letter of Credit corresponding to the change or changes requested in such certificate. This Letter of Credit is not transferable. This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be modi fled, amended, amplified or limited by reference to any document, instrument or agreement referred to herein, except only the certificate and draft(s) referred to herein; and any such reference shall not be deemed. to incorporate herein by reference any document, instrument or agreement except for such certificate and draft(s). Sincerely. Cam' ?Pattyes Executive Vice President, Issuer Issuing company name: _Weld County Bank Address: 7251 W. 20" St. Bldg. A, Greeley, CO 80634 Phone Number: 970-339-5600 Doc 15 03 01:39p Kevin B (303)444-5096 P.5 Dee 15 03 01:40p Kevin B (303)444-5096 p-6 ALLEY - JEFFERSON CHASE DRAIN Worksheet for Rectangular Channel Project Descnption Worksheet CHASE DRAIN Flow Element Rectangular Cht Method Manning's Form, Solve For Discharge Input Data Mannings Coelhc 0.013 Slope 010000 Wit Depth 0.50 ft Bottom Width 2.00 It Results Discharge 5.517 Flow Area 1 A ft. Wetted Penmi 3.00 It Top Width 2.00 It Critical Depth 0.6:2 ft Critical Slope 0.005491) ft/ft Velocity 5.50 IVs Velocity Head 0.47 ft Specific Enerc 0.97 It Froude Numb, 1.37 Flow Type supercritical Project Engineer: Sean J. Welsch e-t270pin-1\data\270f10-1.frn2 Welsch Design Consultants Inc FlowMaster v6.0 [614ej 12/12/03 08'04t 05 PM n Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 USA (203) 755-1666 Page 1 of 1 Dec 15 03 01:40p Kevin B (303)444-5096 p.7 � m o N rc Q C � O � (NIW)11 Q Q O � W f r W (Sdd) A (13) H-L9N31 y (NO MS m In w x 3dld U NO i a U a 3dO1S (S3O) O N01330 Z (S3O) O ., ZLU W 133i11S 0 <y (%) Z 0 O T w 9dO1S m w C N (S33) O ma U W p � z (OV) K (VO) 3 Z Z W N N Z f (aHMI) I W U n O �0 Z = O Q 0 (NIW) Ol U r W o 0 (2iH/NI) I w m N N N ( IW)o1 O (OV) VO K o 0 0 m O m rn rn o ddONnH o 0 0 r (OV) N N P W V3HV O O O F O w U w NOIS30 V3&V Q m U w K y w 1 N o z N`JIS3IS3O Na w00 d O w N gyp' m v~ W w w j w a W � z z m a a Dec 15 03 01:40p Kevin 8 (303)444-5096 p•8 o Y N � � f O W LL' (Nlw) u Q 0o W f r m (Sd3) A 3 a H1ON31 (NI) 3ZIS m w Y 3dld U W 2 y U n 3dOlS (SdO) o NOIS30 z (S3O) 0 z ^ w 13381S Q o o w 3dOlS Zma O H p LL O (DV) UZWoj N0)s - Q - z r (awNU I Or �Oow = 0 0 (NIw)01 UO 2 r W (SAD) 0 N WFUNI)I m m < v 6 LL (NIw)31 m m m O (UV) vD O O O r W w AAONn6 353 A o m 0 a 0 (OV) N n Q m V3uV o 0 0 t- w 0 NOIS30 Q m U O w V3LiV r W 1NIOd N M o z env a NOIS30 w a 1 : U R W 3O r N N W W mz w w zJ J a r a a a m N M < m m r m m Dec 15 03 01:40p Kevin B (303)444-5096 p.9 O Y o N K Q C W O � (NIW)il Q Q W O 0 f r (Sdj)n Q� 3 F (lj) Hl`JN3l (NI) 3ZIS m W Y 3did U NO = a U a 3dOlS (SjO) O W)TS30 U (Sj0) O = m 1332llS = 0w f _W r (h) Co o h 3dOlS w } W a OZ p o (OV) Uo�oz (vn)a w 2ED w qa z WFUNI)I o Z(90 0 n r wow a (NIW)31 00 n W (SAO) O N 'n 3 N N V (MHMI) I w m m W m P (NIW)0l - n - LL O rc 10b) VO o 0 0 r W7 OI W P o jjONnH o c a N (OV) N N O m V3ilb' O O O 0 O NOIS30 Q m U W V3NV w w w INIOd N NOIS30 Na acF waou a o w 30 w y w a W w z w z J r of a a N ah T N (O A m OI C461 sk Jones,Tess From: l%fones, Tess Sent: Wednesday, January 21, 2004 11:30 AM To; 'Mlarc Virata' Cc: Jones, Tess Subject: Pine Street Lofts Marc - e received the Pine Street Lofts application package on Jan. 14th, and I looked at it this morning. As I explained C to their epresentatives several weeks ago, the package should be provided to the City, and you will work through the ttals with me - not them directly with me, unless in a joint meeting with you. I am mailing the entire package (including the check) to you, and have noted the following deficiencies: 1) All questions on the application (f. 137) must be completed by the applicant, with the exception of the following - item 7 - first part of the question item 16 - which I have offered to complete with the appropriate volumes. 2) The construction drawings are not sealed by the engineer or by the City. 3) 1 need 5 copies of ALL plan documents, including the ,future"/"proposed" plan, drainage plan, and landscaping plan 4) The check should not be provided with the application package, but rather should be issued to CDOT when the permit has been reviewed and signed by the property owner. 5) Once you and I further discuss the "future"/"proposed" plan, I will decide if their cover letter dated Jan. 14, 2004 is sufficient narrative to describe: this concern. CJ ,aA , xc of this e-mail being mailed to the less M joiw° Region 4 Ai Albmap,r CDOT - 1420 2nd Street, Greeley CO 80631 office - (970) 350-2163; fax - (970) 350-2198 e-mail address - tess.jones(_)dot.state.co.us - P.V.C. Redevelopment, Llc EXHIBIT I CERTIFICATE The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable Letter of Credit No. 050 dated June 11, 2004, established in favor of the City of Fort Collins, Colorado (the "Letter of Credit"): (a) He (She) is authorized to execute this Certificate of behalf of the City of Fort Collins; (b) The applicant/developer is in default under the terms of the development agreement and/or the development construction permit. (c) The sum of $53,873.00, which is the amount of the draft presented with this Certi ficate, is the amount currently due to the City ofFort Collins from P.V.C. Redevelopment, L.LC, (d) The amount of the accompanying draft together with all previous draws under the Letter of Credit do not exceed in the aggregate S53,873. ft and (e) The Letter of Credit has not expired. IN WITNESS WHEREOF, the undersigned has executed this Certificate of behalf of the City_ of Fort Collins this THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: [Title] EXHIBIT 2 Request for Amendment or Release of Letter of Credit 4050 The City of Fort Collins certifies that the person signing below is authorized to execute this Request for Amendment or Release of Letter of Credit on behalf of the City of Fort Collins, and further certifies with respect to the provisions contained in the Development Construction Permit dated and/or the Development Agreement dated between the City of Fort Collins (Beneficiary) and (Developer), the following: [Check applicable boxes.] The Letter of Credit is to be reduced to $_ The expiration date of the Letter of Credit is revised to be The 60-day automatic one year renewal provision contained in the Letter of Credit is no longer in effect. Release Original Letter of Credit upon receipt of separate replacement Maintenance Letter of Credit in the amount of _ (current value). i Release Letter of Credit. In witness whereof, the undersigned has executed this certificate on behalf of the City of Port Collins this -- day of CITY OF FORT COLLINS, COLORADO a Colorado municipal corporation By: (Name and Title) STATEMENT OF PLANNING OBJECTIVES FOR PINE STREET LOFTS Applicant: P.V.C,. REDEVELOPMENT, LLC Kevin Berryhill, Manager (303)444-5404 fax 444-5096 e-mail berryhilldinc@qwest.net Project Location: The site address is 251-253 Pine St., located at the southwest corner of Jefferson St. & Pine St.. The existing building is currently owned by the Poudre Valley Creamery Co. under contract with P.V.C. Redevelopment, LLC. Zoning: Downtown (D), Old City Center Sub -district. The proposed use meets the criteria of the existing zoning of the site. Planning Objectives: 1. Statement of appropriate City Plan Principles and Policies achieved by the proposed plan. a) The project is consistent with the principles and policies of the Fort Collins Land Use Code, the Downtown Plan and the Downtown Strategic Plan, because it provides urban renewal development; it will foster safe, efficient and economic use of the land in the downtown area; it will encourage pedestrian use and consolidate vehicular trips; encourage bicycle use; increase public access to mass transit.; and improve the design quality and character of the neighborhood. b) The proposed plan provides additional desired housing in the downtown area, specifically the addition of 14 residential loft units in the Old Town district, which is one of the guiding principles of the Downtown Strategic Plan. c) The Architecture is intended to be sensitive to the character of the neighborhood and evoke a strong relationship to the historical buildings in the area without directly copying them. We want the new buildings to be "of their own time", but we want them to pay homage to the old buildings, and fit comfortably nearby. The proposed design provides a visual tie-in to the historic structures in the vicinity by its use of massing, exterior materials, handling of window openings, setting of the buildings along Pine and Jefferson streets, horizontal fenestration and cornice detailing. 2. Description ofproposed open space, buffering, landscaping, circulation, transition areas, wetlands and natural areas on site and in the general vicinity of the project. a) The proposed design provides a complimentary urban form of housing that will encourage walking and social interaction in the downtown vicinity as per the Land Use Code. STATEMENT OF PLANNING OBJECTNES FOR PINE STREET LOFTS b) This is an urban project, and consequently open space is limited within the property to a Plaza behind the buildings, which are situated on the property lines of Jefferson and Pine. That open space is planned to be hardscape with areas defined for plant materials, a general picnic area with a covered trellis, walkways, small private patios for some of the units, and access to the public elevator and stairway to the parking garage level below the plaza. c) Additional open space and buffering is provided in the public R.O.W. along Pine Street and Jefferson Street. The space along Pine Street is approximately 28 ''/z' wide with large areas at the alley and at the intersection of Jefferson and Pine that extend the width an additional 18 or 19 feet. This space contains a pedestrian sidewalk along the length of the property, bicycle racks and access walks and steps to doorways into the building and to diagonal parking along the curb, planting areas for trees, shrubs, groundcover, and grasses. c) The proposed project does not require transition areas, and does not contain nor is it near wetlands or natural areas. 3. Statement of proposed ownership and maintenance of public and private open space areas; applicant's intentions with regards to future ownership of all or options of the project development plan. The ownership and maintenance of private interior courtyard shall be the responsibility of P.V.C. Redevelopment, LLC and eventually turned over to the Home Owners Association (HOA). Maintenance of the landscaping adjacent to the building located within an encroachment shall be the responsibility of the HOA. Maintenance of the public landscaping, sidewalks, and curb & gutter located within the existing right-of-way adjacent to Pine Street and Jefferson Street shall be the responsibility of the City of Fort Collins. 4. Estimate of number of employees for business, commercial, and industrial uses The project consists solely of residential uses. 5. Description of rationale behind the assumption and choices made by the applicant. During the pre -design meeting with the staff, Karen McWilliams asked that we pay close attention to the existing older brick buildings in the neighborhood. We were encouraged to locate the building or buildings on the property line, and provide various visual tie-ins to the historic buildings. The design is a direct result of our concern and interest in preserving and enhancing the character of the Historic District. STATEMENT OF PLANNING OBJECTIVES FOR PINE STREET LOFTS 6. The applicant .shall submit as evidence of successful completion of the applicable criteria, the completed documents pursuant to these regulations for each proposed use. Additional evidence may be required that is beyond what is required in that section. Any variances from the criteria shall be described. a) The submitted design drawings illustrate the concept and the functions of the proposed plan. The design is still being developed and detail is still in the process of being incorporated. b) In a project of this kind, cooperation with the City is essential in order to accomplish some of the goals that are intended for the common good. In this case, some site plan concessions by the City will make it possible to provide the kind of project that meets the intent described by the various City Plans and Strategies. The following items need that kind of City cooperation: 1) Some steps to front entry doors, that are located within the R.O.W. or on City owned property will make it possible to build the parking structure below the building structures, and this kind of intrusion into the R.O.W. is encouraged on page 41 of the Fort Collins Downtown Strategic Plan. This will make for a safer access/egress ramp to and from the parking structure, because the slope of the ramp will be less steep. 2) We have also located the building transformer behind a small screening wall near the alley in the R.O.W. The rationale is that this location provides a generous landscape and pedestrian area that will not be compromised by this utility and will be the most serviceable and convenient location for City of Fort Collin's Utility Department maintenance, and will allow the site to be fully utilized. 3) Bicycles racks and other street furniture are proposed to be located in the R.O.W., particularly along the Pine St. frontage. These will be used by both the building occupants and the public and are appropriate features intended to add texture and character to the streetscape. 7. Narrative description of how conflicts between land uses or disturbances to wetlands or natural area are being avoided or mitigated. a) Presently, the Salvation Army and Flooring Connection buildings across the alley use the existing trash enclosure at the northwest corner of the site. It is presently a visual blight. We have negotiated a solution with the property owner of the trash enclosure to enclose trash containers, for their use, in approx. the same location, but architecturally screened from Jefferson. b) Pine Street adjacent to the site provides diagonal parking on both sides of the street as a part of the existing street improvement. With a generous area left over STATEMENT OF PLANNING OBJECTIVES FOR PINE STREET LOFrs as a part of the R.O.W., we have provided a landscape buffer containing trees, shrubs, .and grass to soften the impact of the parked cars. We envision that parking and the landscaping as having potential as a gathering place within the heart of the community, which could be roped -off on special occasions for street dancing. bazaars, and other activities. c) We are voluntarily meeting with the Landmarks Preservation Commission on July 23`d to obtain their input on our project. It is our intent to provide the City with a project that meets and even exceeds all of the expectations of the Plans and Strategies of the City. 8. Written narrative addressing each concern issue raised at the neighborhood meeting(s), if a meeting has been held. There has not been a formal neighborhood meeting; however we have had numerous conversations with the owner of the Salvation Army Building and Flooring Connection Building directly to the west of the project. The owners are very excited about the project and are looking forward to the demolition of the existing building on our site and subsequent development proposed. 9. Name of the project as well as any previous name the project may have come through conceptual review with. Conceptual Review Project Name: Current Name of Project: Development Schedule: Poudre Valley Creamery Redevelopment Pine Street Lofts Demolition & Haz Mat Mitigation: November 2003 Foundation Construction: Building Construction: Public Improvements: December 2003 February 2004 June 2004 Completion: July 2004 STATEMENT OF PLANNING OBJECTIVES FOR PINE STREET LOFTS Transportation: The below grade parking structure is providing 27 parking spaces, two of which are handicap accessible. The on -street parking along Pine Street has eight (8) existing diagonal parking spaces. The proposed reconfiguration of the frontage along Pine Street is providing eleven (11) parking spaces, a total of three (3) additional parking spaces are being provided. The additional on -site as well as the off -site parking along Pine Street supports the goals of the Downtown Strategic Plan. Based on the City's parking standards and recommendations of the Downtown Strategic Plan, we are exceeding the City's parking standards. The access to the parking structure will come off of the existing alley on the southwest side of the building. The existing driveway access to Jefferson Street on the east side of the site will be eliminated. The existing loading area located within the existing R.O.W. along Pine Street is being replaced with landscaping and a pedestrian walkway. This proposed revision to the Pine Street frontage provides ADA accessibility and pedestrian friendly corridor along Pine Street. Comments received from our Conceptual Review Meeting said that the Jefferson Access Management Plan had Pine with a mid -block pedestrian crossing. Based on the recommendations from the Downtown Strategic Plan, the pedestrian crossing is shown being located at Jefferson St. at Linden Street, not at Pine St.. Therefore, we are not showing a pedestrian crossing as per the City's conceptual review comments suggested. The existing building has been historically utilized as an industrial manufacturing and distribution center for dairy products. The truck distribution operation utilized the existing driveway on the west side of Pine Street which is located in the existing R.O.W.. The traffic impact from the proposed residential use will be minimal compared to the existing use of the building. It is our opinion that a detailed traffic analysis is not required given the overall impact of the proposed use in relation to the existing traffic conditions and given existing traffic analysis that has already been performed by the City in numerous studies in the downtown area. Drainage/ Floodplain: The drainage .and floodplain analysis and summary is attached under separate cover.