HomeMy WebLinkAboutLEVON'S WAREHOUSE/OFFICE - PDP - 19-96A - CORRESPONDENCE - STREET RELATED DOCUMENTEXHIBIT "C',
STREETS AND SIDEWALKS
Is�tl on a form to be supplied by the City Engi-
anv such permit shall be valid through
Decent —year applicant
its can has submitted to the City
x �ance. No such permit shall
u� until the app
l r copies of all promotional materials intended
t: K uud in the business authorized pursuant to the
t which promotional material shall contain the
�', address and telephone number of the permittee;
ar rr ce to be charged for the painting services; a
,cement that all painting services performed under
to perrnit are performed as a private service of the
..k,r and not'as a project of the city; and that it is
*I a legal requirement of the city that house numbers
x ,,nted on curbs. Said promotional materials shall
,c I n,vided to all persons contacted by the applicant
u rtmting services authorized under the permit. The
CAy Engineer is hereby authorized to promulgate
,at further rules and regulations as are reasonably
,nrsary to effectuate the enforcement of this Sec -
an
;Ckxk 1972, §§ 95-77-95-79; Ord. No. 106, 1991, 9-
Ord. No. 222, 1998, § 3, 12-15-98)
SK. 24-93. Baseline for establishment of grades.
Vor the purpose of fixing and establishing the grade
d the several streets and alleys within the city, all ele-
.atr,ns shall be calculated from a baseline, which
W. inc is hereby declared to be and established at the
low waterline or mark of the Cache la Poudre River at
ft Lincoln Avenue Bridge. Bench Mark No. 1 for
.sY idcrcnce for such purpose is hereby declared to
It and established at forty-four (44) feet above such
!mrhne at the northwest comer of Mountain and
t uUrw Avenues on the water table of Welch Block.
:(c,xlc 1972, § 95-65)
kr.24-94. Street closings for improvements
authorized.
the City Engineer is hereby authorized and empow-
"rd to order closed any street, alley or portion when
a n necessary in order to carry on properly and safely
2* lonstruction of public improvements or the im-
*'''rmcnt or repair of any street, alley or portion and
Droperly safeguard such improvements from dam-
'9 4)r injury until it shall be determined by the City
lftn,er that such street or alley is in safe condition
t` tratlic. In order to prevent the use of such streets
LV it i110vs while the work of construction or repairs
n Progress, the City Engineer is empowered to
§ 24-95
place obstructions across the street or alley, together
with a notice to the effect that the street or alley is
closed to traffic pursuant to the authority of this Sec-
tion and the City Engineer's order. Any violation of
any such order by use or attempt to use the closed
street, alley or closed portion or otherwise, or interfer-
ence with or removal of the obstructions or safeguards
placed in streets or alleys, shall be a misdemeanor.
(Code 1972, § 95-66; Ord. No. 222, 1998, § 3, 12-15-
98)
Sec. 24-95. Obligation for construction.
(a) The construction of the local portion of a public.
street adjacent to undeveloped real property is hereby
declared to be the obligation of the owner of the adja-
cent property at the time such property is developed or
redeveloped. The timing of the construction shall be
as specified in the development agreement for such
property or, if not specified, it shall be required at the
time of issuance of the fast building permit upon such
property.
(b) The local portion of such street shall include,
without limitation, the construction of curb, gutter,
pavement and sidewalk. All such construction shall
conform to the "Design and Construction Criteria,
Standards and Specifications for Streets, Sidewalks,
Alleys and Other Public Ways" as adopted by the City
Council by ordinance or resolution. .
(c) If the city has constructed such local portion of
a public street adjacent to undeveloped property or
property that may be redeveloped, the city may re-
quire, at or before the time of issuance of any building
permit for new development or change of use, that the
owner of such adjacent property repay to the city its
cost in constructing such local portion of such street.
The amount of reimbursement to be paid to the city
under this paragraph shall be no less than the original
cost of the improvements plus any mutually agreed
upon amount to reflect the effects of inflation, if any.
These adjustments may be based on the construction
cost index for Denver, Colorado, as published
monthly by the Engineering News Record. The origi-
nal cost of the improvements shall mean the cost of
financing, engineering, construction and any other
costs actually incurred by the city which are directly.
attributable to the improvements.
(Code 1972, § 95-98; Ord. No. 32-1988, § 2, 3-15-88;
Ord. No. 97, 1996, §§ 4, 10, 7-16-96)
53 1571
EXHIBIT "B"
NOT APPLICABLE
12
7
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
Not Applicable.
2. Schedule of sanitary sewer lines to be installed out of
sequence.
Not Applicable.
3. Schedule of street improvements to be installed out of
sequence.
Not Applicable.
4. Schedule of storm drainage improvements to be installed out
of sequence.
Not Applicable.
11
THE CITY OF FORT COLLINS, COLORADO,
a Municipal
A Corporation
By:
. od t '
Cit Manager
all's - , --
1
APPROVED AS TO CONTENT:
Director of Engine�ni
A PROVED AS TO FORM:
� 1
Assn stant City Attorney
DEVELOPER:
By: C z
Chi es L. Meseryian, an individual
10
M.* It is expressly understood and agreed by and between the
parties hereto that this Agreement shall be governed by and its
terms construed under the laws of the State of Colorado and the
City of Fort Collins, Colorado.
N. Any notice or other communication given by any party
hereto to any other party relating to this Agreement shall be hand -
delivered or sent by certified mail, return receipt requested,
addressed to such other party at their respective addresses as set
forth below; and such notice or other communication shall be deemed
given when so hand -delivered or three (3) days after so mailed:
If to the City: Engineering Development Review
City of Fort Collins
P.O. Box 580
Fort Collins, Cc 80522
With a copy to:
If to the Developer
With a copy to:
City
Attorney's
Office
City
of Fort Collins
P.O.
Box 580
Fort
Collins,,a Co
80522
.
Zq- i
7.
Notwithstanding the foregoing, if either party to this Agreement,
or their successors, grantees or assigns, wishes to change the
person, entity or address to which notices under this Agreement are
to be sent as provided above, such party shall do so by giving the
other party to this Agreement written notice of such change.
O. When used in this Agreement, words of .the masculine gender
shall include the feminine and neuter gender, and when the sentence
so indicates, words of the neuter gender shall refer to any gender;
and words in the singular shall include the plural and vice versa.
This Agreement shall be construed according to its fair meaning,
and as if prepared by all parties hereto pertaining to the matters
addressed in this Agreement. There shall be deemed to be no other
terms, conditions, promises, understandings, statements,
representations, expressed or implied, concerning this Agreement,
unless set forth in writing signed by all of the parties hereto.
Further, paragraph headings used herein are for convenience of
reference and shall in no way define, limit or prescribe the scope
or intent of any provision under this Agreement.
J
after the current fiscal year and/or not appropriated or budgeted
are contingent upon funds for that purpose being appropriated,
budgeted and otherwise made available by the Fort Collins City
Council.
H. This Agreement shall run with the Property and shall be
binding upon and inure to the benefit at the parties hereto, their
personal representatives, heirs, successors, grantees and assigns.
It is agreed that all improvements required pursuant to this
Agreement touch and concern the Property regardless of whether such
improvements are located on the Property. Assignment of interest
within the meaning of this paragraph shall specifically include,
but not be limited to, a conveyance or assignment of any portion of
the Developer's legal or equitable interest in the Property, as
well as any assignment of the Developer's rights to develop the
Property under the terms and conditions of this Agreement.
I. In the event the Developer transfers title to the Property =
and is thereby divested of all equitable and legal interest in the
Property, the City hereby agrees to release said Developer from
liability under this Agreement with respect to any breach of the
terms and conditions of this Agreement occurring after the date of
any such transfer of interest. In such event, the succeeding
property owner shall be bound by the terms of this Agreement.
J. Each and every term of this Agreement shall be deemed to
be a material element hereof. In the event that either party shall
fail to perform according to. the terms. of this Agreement, such
party may be declared in default. In the event that a party has
been declared in default hereof, such defaulting party.shall be
given written notice specifying such default and shall be allowed
a period of five (5) days within which to cure said default. In
the event the default remains uncorrected, the party declaring
default may elect to: (a) terminate the Agreement and seek damages;
(b) treat the Agreement as continuing and require specific
performance or; (c) avail itself of any other remedy at law or
equity.
K. In the event of the -default of any of the provisions
hereof by either party which shall require the party not in default
to commence legal or equitable action against said defaulting
party, the defaulting party shall be liable to the non -defaulting
party for the non -defaulting party's reasonable attorney's fees and
costs incurred by reason of the default. Nothing herein shall be
construed to prevent or interfere with the City's rights and
remedies specified in Paragraph III.D of this Agreement.
L. This Agreement shall not be construed as or deemed to be
an agreement for the benefit of any third party or parties, and no
third party or parties shall have any right of action hereunder for
any cause whatsoever.
III. Miscellaneous
A. The Developer agrees to provide and install, at its
expense, adequate barricades, warning signs and similar safety
devices at all construction sites within the public right-of-way
and/or other areas as deemed necessary by the Director of
Engineering in accordance with the City's "Work Area Traffic
Control Handbook" and shall not remove said safety devices until
the construction has been completed and approved by the Director of
Engineering.
B. The Developer shall, at all times, keep the public right-
of-way free from accumulation of waste material or rubbish caused
by the Developer's operation; shall remove such rubbish no less
than weekly and; at the completion of the work, shall remove all
such waste materials, rubbish, tools, construction equipment,
machinery, and surplus materials from the public right-of-way. The
Developer further agrees to maintain the finished street surfaces
so that they are free from dirt caused by the Developer's
operation. Any excessive accumulation of dirt and/or construction
materials shall be considered sufficient cause for the City to
withhold building permits and/or certificates of occupancy until
the problem is corrected to the satisfaction -of the Director of
Engineering. If the Developer fails to adequately clean such
streets within two (2) days after receipt of written notice, the
City may have the streets cleaned at the Developer's expense and
the Developer shall be responsible for prompt payment of all such
costs.
C. The Developer hereby agrees that it will require its
subcontractors to cooperate with the City's construction inspectors
by ceasing operations when winds are of sufficient velocity to
create blowing dust which, in the inspector's opinion, is hazardous
to the public.health and welfare.
D. The Developer shall, pursuant to the terms of this
Agreement, complete all improvements and perform all other
obligations required herein, as such improvements or obligations
may be shown on the original plat and related documents, or any
replat as subsequently filed by the Developer, and the City may
withhold such building permits and certificates of occupancy as it
deems necessary to ensure performance hereof.
E. Nothing herein contained shall be construed as a waiver of
any requirements of the City Code, and the Developer agrees to
comply with all requirements of the same.
F. In the event the City waives any breach of this Agreement, no such waiver shall be held or construed to be a waiver of any
subsequent breach hereof.
G. Financial obligations of the City of Fort Collins payable
7
1. The Developer and the City agree that no street
oversizing reimbursement from the City is due the Developer for
this development.
2. The Developer shall be obligated for the design and
construction costs for the local street portion of 4th Street
improvements along the frontage of this development at the time the
City deems improvements to this street are necessary.
3. The Developer and the City agree that the Developer
is responsible for all costs for the initial installation of
traffic signing and striping for this development related to the
development's local street operations. In addition the Developer
is responsible for all costs for traffic signing and striping
related to directing traffic access to and from the development
(e.g., all signing and striping for a right turn lane into the
development site).
E. Groundwater.
1. The Developer and the City recognize that this
development is adjacent to the Poudre River and that seepage from
said river may impact the ground water levels in this development.
Accordingly, it is agreed that the City shall not be responsible
for and that the Developer hereby indemnifies the City for any
claims of damages or injuries that may be alleged to have been
sustained in the development as a result of groundwater seepage,
whether resulting from groundwater flooding, structural damage or
other damage unless such damages or injuries are sustained as a
result of the City's failure to properly maintain its storm
drainage facilities in the development.
F. Hazards and Emergency Access.
1. No combustible material will be allowed on the site
until a permanent water system is installed by the Developer and
approved by the City.
2. Prior to beginning any building construction, the
Developer shall provide and maintain at all times an accessway to
said building or buildings. Such accessway shall be adequate to
handle any emergency vehicles or equipment, and the accessway shall
be kept open during all phases of construction. Prior to the City
allowing combustible material on the site (other than forming
material for concrete footings, foundations and/or concrete walls)
such accessway shall be improved to a width of at least 20 feet
with 4 inches of aggregate base course material compacted according
to City Standards and with an 80 foot diameter turnaround at the
building end of said accessway. The turnaround is not required if
an exit point is provided at the end of the accessway.
11
utility plans for this development, shall be completed by the
Developer in accordance with the approved plans prior to the
issuance of any certificate of occupancy,for this development.
Completion of improvements shall. include the certification by a
professional engineer licensed in Colorado that the drainage
facilities which serve this development have been constructed in
conformance with said, approved plans. Any deviations from the
approved utility plans shall be the responsibility of the Developer
to correct prior to the issuance of any certificate of occupancy.
Said certification shall be submitted to the City at least two (2)
weeks prior to the date of issuance for any certificate of
occupancy.
2. The Developer agrees to provide and maintain erosion
control improvements as shown on the approved utility plans to
stabilize all over -lot grading in and adjacent to this development.
The Developer shall also be required to post a security deposit in
the amount of $ 5,052 prior to beginning construction to guarantee -
the proper installation and maintenance of the erosion control
measures shown on the approved Plan. Said security deposit shall
be made in accordance with the criteria set forth in the City's
Storm Drainage Design Criteria and Construction Standards
(Criteria). If, at any time, the Developer fails to abide by the
provisions of the approved utility plans or the Criteria, the City
may enter upon - the Property for the purpose of making such
improvements and undertaking such activities as may be necessary to
ensure that the provisions of said plans and the Criteria are
properly enforced. The City may apply such portion of the security
deposit as may be necessary to pay all costs incurred by the City
in undertaking the administration, construction and/or installation
of the erosion control measures required by said plans and the
Criteria.
3. The release of storm drainage from the Property may
require future off -site channel maintenance such as erosion
protection. Any off -site channel maintenance resulting from the
release of storm drainage .from the Property will be the
responsibility of the Developer.
4. The Developer shall obtain the City's prior approval
of any changes from the approved utility plans in grade elevations
and/or storm drainage facility configuration that occur as a result
of the construction of houses and/or development of lots, whether
by the Developer or other parties. The City reserves the right to
withhold the issuance of building permits and certificates of
occupancies until the City has approved such changes as being
acceptable for the safe and efficient delivery of storm drainage
water.
D. Streets.
5
J. The Developer shall provide the Director of Engineering
with certified Record Plan Transparencies on Black Image Diazo
Reverse Mylars upon completion of any phase of the construction.
K. The Developer specifically represents that to the best of
its knowledge all portions of the Property dedicated to the City
associated with this development are in compliance with all
environmental protection and anti -pollution laws, rules,
regulations, orders or requirements, including solid waste
requirements, as defined by the U. S. Environmental Protection
Agency Regulations at 40 C.F.R., Part 261, and that such portions
of the Property as are dedicated to the City pursuant to this
development, are in compliance with all such requirements
pertaining to the disposal or existence in or on such dedicated
property of any hazardous substances, pollutants or contaminants,
as defined by the Comprehensive Environmental Response Compensation
and Liability Act of 1980, as amended, and regulations promulgated
thereunder. The Developer does hereby indemnify and hold harmless -_
the City from any liability whatsoever that may be imposed upon the
City by any governmental authority, pertaining to the disposal of
hazardous substances, pollutants or contaminants, and cleanup
necessitated by leaking underground storage tanks, excavation
and/or backfill of hazardous substances, pollutants or
contaminants, or environmental cleanup responsibilities of any
nature whatsoever on, of or related to any property dedicated to
the City in connection with this development. The Developer
further agrees to indemnify and hold harmless the. City from any
claims or actions based directly, indirectly or in any manner on
any of the aforementioned environmental risks brought against the
City by third parties arising as a result of the dedication of
portions of the Property to the City in connection with this
development. Said indemnification shall not extend to claims,
actions or other liability arising as a result of any hazardous
substance, pollutant or contaminant generated or deposited by the
City, its agents or representatives, upon portions of the Property
dedicated to the City in connection with this development.
II. Special Conditions
A. Water Lines
Not Applicable
B. Sewer Lines
Not Applicable
C. Storm Drainage Lines and Appurtenances
1. The Developer and the City agree that all on -site and
off -site storm drainage improvements, as shown on the approved
4
required by this development as shown on the approved plat, site,
landscape and utility plans, and other approved documents
pertaining to this development on file with the City.
F. Street improvements (except curbs, gutters and walks)
shall not be installed until all utility lines to be placed therein
have been completely installed, including all individual lot
service lines leading in and from the main to the property line.
G. The installation of all utilities shown on the utility
plans shall be inspected by the Engineering Department of the City
and shall be subject to such department's approval. The Developer
agrees to correct any deficiencies in such installations in order
to meet the requirements of the plans and/or specifications
applicable to such installation. In case of conflict, the utility
plans shall supersede the standard specifications.
H. All storm drainage facilities shall be so designed and
constructed by the Developer as to protect downstream and adjacent
properties against injury and to adequately serve the Property (and
other lands as may be required, if any). The Developer shall meet
or exceed the minimum requirements for storm drainage facilities as
have been established by the City in its Drainage Master Plans and
Design Criteria. The Developer does hereby indemnify and hold
harmless the City from any and all claims that might arise,
directly or indirectly, as a result of the discharge of injurious
storm drainage or seepage waters from the Property in a manner or
quantity different from that which was historically discharged and
caused by the design or construction of the storm drainage
facilities, except for (1) such claims and damages as are caused by
the acts or omissions of the City in maintenance of such facilities
as have been accepted by the City for maintenance; (2) errors, if
any, in the general concept of the City's master plans; and (3)
specific directives that may be given to .the Developer by the City.
Approval of and acceptance by the City of any storm drainage
facility design or construction shall in no manner be deemed to
constitute a waiver or relinquishment by the City of the aforesaid
indemnification. The Developer shall engage a Colorado licensed
professional engineer to design the storm drainage facilities as
aforesaid and it is expressly affirmed hereby that such engagement
shall be intended for the benefit of the City, and subsequent
purchasers of property in the development.
I. The Developer shall pay storm drainage basin fees in
accordance with Chapter 26, Article VII of the City Code. Storm
drainage improvements eligible for credit or City repayment under
the provisions of Chapter 26 are described together with estimated
cost of the improvements on the attached Exhibit "B," which -
improvements, if applicable, shall include right-of-way, design and
construction costs. See Section II.C, Special Conditions, Storm
Drainage Lines and Appurtenances, for specific instructions.
3
activities of the Developer pertaining to the Property. For the
purposes of this Agreement, "development activities" shall include,
but not be limited to, the following: (1) the actual construction
of improvements, (2) obtaining a building permit therefor, or (3)
any change in grade, contour or appearance of said property caused
by, or on behalf of, the Developer with the intent to construct
improvements thereon.
B. All water lines, sanitary sewer collection lines, storm
sewer lines and facilities, streets, curbs, gutters, sidewalks, and
bikepaths shall be installed as shown on the approved utility plans
and in full compliance with the Council -approved standards and
specifications of the City on file in the office of the Director of
Engineering at the time of approval of the utility plans relating
to the specific utility, subject to a three (3) year time
limitation from the date of execution of this Agreement. In the
event that the Developer commences or performs .any construction
pursuant hereto after three (3) years from the date of execution of -
this agreement, the Developer shall resubmit the project utility
plans to the Director of Engineering for reexamination. The City
may require the Developer to comply with approved standards and
specifications of the City on file in.the office of the Director of
Engineering at the time of resubmittal.
C. No building permit for the construction of any structure
within the development shall be issued by the City until the water
lines, fire hydrants, sanitary sewer lines and streets (including
curb, gutter and sidewalk and pavement with at least the base
course completed) serving such structure have been completed and
accepted by the City. Notwithstanding the foregoing, the developer
shall be entitled to receive a footing and foundation permit for
the construction of improvements within the development upon the
installation of adequate water lines, fire hydrants, and emergency
access to provide fire protection and other emergency services to
the site. No building permits shall be issued for any structure
located in excess of six hundred and sixty feet (6601) from a
single point of access.
D. Any water lines, sanitary sewer lines, storm drainage
lines, and/or streets described on Exhibit "A," attached hereto,
shall be installed within the time and/or sequence required on
Exhibit "A." If the Director of Engineering has determined that
any water lines, sanitary sewer lines, storm drainage facilities
and/or streets are required to provide service or access to other
areas of the City, those facilities shall be shown on the utility
plans and shall be installed by the Developer within the time as
established under "Special Conditions" in this document.
E. Except as otherwise herein specifically agreed, the
Developer agrees to install and pay for all water, sanitary sewer,
and storm drainage facilities and appurtenances, and all streets,
curbs, gutters, sidewalks, bikeways and other public improvements
E
EXHIBIT "B"
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2L,vpday of
199 ?; by and between the CITY OF FORT COLLINS, COLORADO, a
Municipal Corporation, hereinafter referred to as the "City";and
Charles L. Meserlian, an individual, hereinafter referred to as the
"Developer".
WITNESSETH:
WHEREAS, the Developer is the owner of certain real Property
situated in., the County of Larimer,-;State of Colorado, (hereafter
x4px.
refer4717n�
do as the "Property"),rand legally described as follows, to
wit:
N' S MINOR SUBDIVISION, being a replat of �the3 southeast"
Quarter of Secti0iy 2 Township 7 North, Range 6'9West�of�the,
-
6th P.M., City of Fort Collins, LarimerfEounty-„,*Colorado
�a , i
WHEREAS, the Developer desires to develop pthe"Property and has
„r.
submitted to the City a subdsi,G s ""on plait a&d/.'or a site plan and
landscape plan, a copy of which is on,ile in the office of�the
Director of Engineering and made a part hereof by reference and
WHEREAS, the Developer has further submitted to the City
uti\lity iplans f'ork.the Property, a copy of which is�'on file in the
office of the -Director of Engineering
reference; and
C",
'WHEREAS, the parties hereto have
of the Property will require increased\i
City in order to serve /such` arealari<
installation of certain,, improvements F
lands to J.e.'devehoped- andt not t' Ahe
whole; and
site
certa
of an
in cc
and made a, part hereof by
greed that the development
unicipol1 serv'Ices from the
will further require the
11
emarily of benefit to the
City of Fort Collins as a
approved the subdivision plat and/or
submitted by the Developer subject to
.itions which involve the installation
ties and other municipal improvements
rty.
NOW, THEREFORE, in consideration of the promises of the
parties hereto and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, it is agreed
as follows:
I. General Conditions
A. The terms of this Agreement shall govern all development
Scheduling Type 1 & Type 2 Hearings.
Scheduling a Type 1 Hearing
Scheduling a Type 2 Hearing
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Staff Review
Staff Report Due
Packet to Printer IAPO's out
P&Z Worksession
IP&Z Hearing
e
• When the application does comply with the code, the applicant must then schedule a public hearing,
and proceed to step 6
Step 6 — Notice
• Notice of the public hearing as specified in Article 2.26(A), (B), and (D)
> - Mailed Notice — The Director mails written notice (at least 14 days prior to meeting) to all
property owners w/I 500' of the site (or the director may further expand the notification area).
Bona fide neighborhood groups shall also receive written notice. The Director provides a
map to the applicant showing the required area of notification. Applicant pays S.50 per notice
for p&h.
➢ Posted Notice — A sign (or 2 signs if >10 acres) must be posted on the property giving notice
to the public of the proposed development within 14 of submittal of development application.
SteD 7 — Public Hearins
• Decision Makers
> Type 1 (Administrative) public hearing — Either the Planning Director (Bob) or an
independent hearing officer (Steve Clausing) will be the designated decision maker, and will
have 10 days to supply a written decision to approve, approve with conditions, or deny the
project. (Must be mailed to the applicant and any other person who provided testimony at the
public hearing
> Type 2 (P & Z Board) public hearing — The P & Z Board is the designated decision maker,
and will make the decision to approve, conditionally approve, or deny the project at the close
of the hearing.
• Order ofProceedin2s
> Staff report presented (planner presents a graphic andior narrative description of the
development application)
> Applicant Presentation (applicant presents any info applicant deems appropriate, and must
provide copies of all items the applicanr wishes the decision maker to consider to the Director
at least 5 days prior to the public hearir.�
> Public Testimony
> Applicant Response
> Staff Response (to any statement made or evidence presented by the applicant or the public)
• Findings — All'fmdings must be provided by the director to the applicant and made available to the
public within 3 days after the decision, -and must include:
> A statement of approval, approval with conditions, or denial
> A statement of specific findings of fact or other factors considered
A statement of the basis upon which such facts were determined (with specific reference to
the code)
Record of Proceedings — The Decision Maker of the hearing must provide a record of the hearing
including all exhibits, minutes, and if possible videotape recording
Recording of Decisions and Plats — once approved and after the appeal period has expired, the info is
passed along to be recorded by:
_The City Clerk (the decision only is recorded)
> The County Clerk and Recorder (the decision and the plats are recorded)
Step 8 - Standards (checked by decision maker at the hearing)
The decision maker has to determine if the applicant has followed the proper standards required for the
specific type of development application as specified in:
• Article 2.3 — ODP review process
• Article 2.4 — PDP review process _
• Article 2.5 — Final Plan review process
Development Review Process
(for PDP's)
Conceptual Comments sent
1 week out
..Neighborho6d",:
(ifnecessary)
Report
Apphcanon.; Staff Review
Submittah���.: 4-5 weeks
I week
�ESentOut
MW
Revisions Discuss @
:Staff Report
3 weeks Staff Review
I' continued I week
ent Out
_`-- - " ' Notice of
schedules public `
t P� ublic heart
Findinos Conditional
Public Hearing •approved Anpr val invited Sr
Typel :Ad3 daysministrative from -approved wi cond. Revisions Review
Type 2-P&Z.Board -. decision -denied (as needec
8. Light and Power:
a. A CI form from an electrician will be required.
b. You will need either to coordinate a new transformer location or change out
the existing transformer to the new capacity.
c. If you have already paid development charges on the whole site when the first
building went in, so you'll just need to pay some building site charges and
some primary.
d. Work with Bruce Vogel on coordination since you worked with him on the
last building and he is familiar with it.
a
e. By increasing the capacity of the water service, there will be plan investment fees
that will apply.
5. Natural Resources:
a. Trash enclosures should accommodate recycling containers of sufficient size to
accommodate the type of recycling appropriate for the building use (cardboard
recycling for industrial, etc.).
b. You will need to file a fugitive dust control permit if construction duration will
exceed 6 months..
c. Native grasses and plant materials should be used wherever appropriate, and
bluegrasses should be minimized. _
d. A landscape plan will be required.
6. Fire Department:
a. A fire hydrant will be required within 300 feet of the new building with 1500
g.p.m. and 20 p.s.i. _-
b. If there will be any hazardous material storage (such as paints, solvents or
batteries) a hazardous material impact analysis will need to be provided.
c. The proposed square footage of the building will make the building be required to
be sprinkiered..
d. A fire lane must be provided across the parking lot. This is to be identified with
either signage or painting on the pavement.
7. Current Planning Department:
a. The sidewalks along Hickory will need to be improved to meet current sidewalk
standards of a collector street which are a minimum of 5 feet wide.
b. Canopy shade street trees will be required along Hickory (and Hemlock if you are
required to build it) every 30' to 40'.
c. Full tree stocking will be required in all landscaped areas within 50 feet of any
building. (Section 3.2.1(D)(1)(c))
d. The main entrance to the building must face a connecting walkway with a direct
pedestrian connection to the Hickory street without requiring pedestrians to walk
through parking lots or cross driveways (Section 3.5.1(D)).
e. Landscaping and parking standards of the Land Use Code will apply (Section
3.2.1 & 3.2.2).
f. Site Lighting must be consistent with the -Land Use Code requirements as
specified in Section 3.2.4.
g. Parking lot landscaping are to comply with the parking lot standards specified in
Section 3.2.2.
h. Rooftop building mechanicals must be screened from views.
i. No glass used in the structure can be more than 60% reflective.
j. Materials should be used that have minimal glare.
k. Outdoor Storage Areas and Mechanical Equipment is regulated in the Land Use
Code (Section 3.5.1(J)).
1. Your questions about the PDP review process is explained in the attached flow
chart and written description.
3
d. You will need to satisfy the handicap parking requirements, and bicycle parking
requirements in accordance with the Land Use Code.
e. The new trash enclosure should resemble the existing trash enclosure.
f. In your proposed "parking to be built if necessary" area, you will need a planting
bump -out to break up the long parking row with landscaping. Note the way it was
done on the existing parking lot. The requirement is that no more than 15 spaces
can be in a row without this landscaping element.
g. We'll need to see a Site Plan, Landscape Plan and Elevations with your submittal.
2. Stormwater Utility Department:
a. The site is located in the Poudre River Basin, where there is no applicable
development fees. Citywide monthly fees will apply.
b. You will need a drainage and erosion control plan, and they must be prepared by a
professional engineer registered in Colorado.
c. A water quality feature will need to be provided for this site including sufficient
stormwater detention capacity. Look in the stormwater drainage manual for more =
detailed information.
d. New precipitation rates apply. .
e. The existing berm on the south end of the property must stay intact and in good
. repair. Perhaps landscaping or a concrete ribbon will help.
3. Engineering Department:
a. If there has ever been street oversizing fees paid on the site, you may not have to
pay the entire street oversizing fee. Matt Baker can answer more specific
questions about street oversizing fees, which will be as follows:
• Light industrial uses = $1.06/ sq. ft.
b. You may be required to improve Hemlock Street, check with Sheri Wamhoff to
follow up on this.
c. You will need utility plans that show the detention area, drainage, grading, water
and sewer connections or stubs.
d. You will need a development agreement.
e. A traffic impact study (TIS) which also coordinates bikes, pedestrians and transit
will be required in accordance with the new requirements.
f.. Grades around the building will need to be looked at.
4. Water & Wastewater Utility:
a. There is an 8" water main and 12" sanitary sewer main in Hickory Street, and
there are 12" water and sewer mains in the Railroad right of way. You will need
to get an easement from the Railroad company to use the mains in their right of
way. Call Roger Buffington for a point of contact with the railroad for this
easement.
b. If you will be required to improve Hemlock, you will also be required to extend
the water and sewer mains therein.
c. The city's water conservation standards for landscape and irrigation will apply.
d. Plan investment fees and water rights are due at time of building permit.
1)
I
MEETING DATE: February 1, 1999
ITEM: A new 16,800 s.f. light assembly building to be built on the same
lot as the existing Uptown Rubber Stamp building at 315 Hickory
Street.
APPLICANT
LAND USE DATA:
Charles Meserlian
700 North College
Fort Collins, CO 80524
Request to build a 16,800 s.f. light assembly building on the Levon's Minor Subdivision
Plat at 315 Hickory. There is an existing 14,000 s.f. light assembly building already on
the site.
DEPARTMENTAL CONTACTS
Current Planning
Troy Jones
221-6750
Zoning Department-
Jenny Nuckols
221-6760
Engineering Department-
Shen Wamhoff
221-6605
Street Oversizing Coordinator-
Matt Baker
221-6605
Poudre Fire Authority-
Ron Gonzales
221-6570
Stormwater Utilities-
Glen Schlueter
221-6681
Water & Sewer Utilities-
Roger Buffington
221-6681
Natural Resources Development Planner
Kim Kreimeyer
221-6750
Light and Power
Rob Irish
221-6700
Transportation Services
Kathleen Reavis
221-6608
COMMENTS:
1. Zoning Department:
a. This property is in the CN zoning district.
b. This will be considered a Project Development Plan (PDP).
c. The proposed land use will be a Type 1 (Administrative) Review.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES _31N.College Ave. P.C).Box 5S(1 Fort Collins, CO80522-0580 (970)214'7511
CUMUN'r I'I.ANNIN(; DEPARTMENT
ii
City of Fort Collins
Commur` Planning and Environmental F rites
Current Planning
EXHIBIT "A"
February 5, 1999
Charles Meserlian
700 North College
Fort Collins, CO 80524
Dear Mr. Meserlian:
For your information, attached is a copy of the Staff s comments concerning the
16,000 s.f. light industrial building at 315 Hickory presented before the
Conceptual Review Team on February 1, 1999.
The comments are offered informally by Staff to assist you in preparing the
detailed components of the project application. Modifications and additions to
these comments may be made at the time of formal review of this project.
If you should have any questions regarding these comments or the next steps in
the review process, please feel free to call me at 221-6206.
$1ncerelyf
Troy Jones
City Planner
cc: Eric Bracke, Streets Department
Stormwater Department
Project Planner
File
IS I :North College Avenue • PO. Box 580 • Fort Collins, CO ?().5= 0580 • (N-O) 22I-n7.70 • FAX luiO) 4Ir-2020
Development Review Engineering Department
urgent need to complete the improvements to 4th Street. However, the City feels that in the near
future, improvements to this street will likely happen, which is why the City is requiring you to escrow
the amount of "your portion" of the public improvements.
Each development project that is submitted to the City for approval is required, by City code, to
improve the public ROW adjacent to their property or escrow such funds so as to complete the
Developer" required improvements at a later time. Please refer to Section 24-95(a) and (b) of the
City Code (Exhibit "C"). Understand that City staff is not isolating this project from others currently
being reviewed. This requirement is placed on all proposed developments within the City.
I hope this clarifies any concerns you had with this issue. Should you have any further questions,
please do not hesitate to contact this office.
Tn
4P
Timothy RQBlan ord
Project Engineer
City of Fort Collins
Enclosures
Cc: Dave Stringer, Development Review Supervisor
Troy Jones, Current Planner
file
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580.970/221.6750
FAX: 970/221.6378 • TDD: 970/224.6002
Development Review Engineering Department
City of Fort Collins
May 4, 2000
Mr. Charles Meserlian
700 North College Avenue
Fort Collins, CO 80524
Re: Escrow for Future Improvements to 41h Street (Hemlock Street)
Dear Mr. Meserlian,
In response to our meeting on May 3, 2000, 1 am writing this letter to address the concerns you have
with escrowing funds for future improvements to 4th Street (Hemlock Street). As we discussed
during our meeting, I brought this issue to our Transportation Coordination meeting this morning.
I explained to City staff your concerns and provided them with a copy of your letter dated May 3,
2000.
Upon reviewing the information you have provided, City staff is recommending that money be
escrowed to the City for the "future improvements" to 4th Street (Hemlock Street). This money will
need to be in the form of a letter of credit or any other City approved means of security. Said
security shall be submitted and approved by the City Engineer prior to the issuance of the
Development Construction Permit (DCP).
City staff has determined that the need to improve 4th Street in the future is necessary. It will be your
responsibility to supply the City with an estimate describing the cost to improve 4th Street to the
City's current street standards adjacent to your property. This estimate will need to be completed
by a licensed professional engineer registered in the state of Colorado. For your information 4th
Street is classified as an Industrial Local Street. Your engineer can refer to the City's street
standards for the proper lane widths, sidewalk requirements, etc.
I would also like to take a moment to discuss why the City is requiring this development to escrow
such funds. On February 5, 1999, the Current Planning Department sent you a letter (Exhibit "A")
addressing the comments and concerns stated at the Conceptual Review meeting. In that letter,
it states that "you may be required to improve Hemlock Street". This issue was also addressed in
the Development Agreement associated with Levon's Minor Subdivision (Exhibit "B"). Please refer
to Section II.D.2 of that document, which says "The Developer shall be obligated for the design and
construction costs for the local street portion of 4th Street improvements along the frontage of this
development at the time the City deems improvements to this street are necessary." Granted these
documents talk about improving 4th Street immediately, but at the present time, there is not an
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580.970/221.6750
FAX: 970/221.6378 • TOD: 970/224.6002 1