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Lind Second Filing
Phase 1 Bid Tab
VS Project Connell Schmidt Crow Creek A&M Landscape Rocky Ridge Bath
Item Description Unit City Estimate Budget Unit Total Price Unit Total Price Unit Total Price Unit Total Price Unit Total Price Unit Total Price
Price Price Price Price Price Price
OWNER AND OTHER ITEMS
12 Dry Utilities (allowance)
Electnc Capacity Fee
EA
Gas
LF
Gas Connection to primary
EA
Phone/Cable
FA
WITAL
13 Landscaping
Landscaping
LS
Irrigation
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Fencing
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Monument Signs
LS
TOTAL
14 Inspections
Water Inspection Fees Par ELCO
EA
Sewer Inspection Fees
EA
TOTAL
15 Management and Other (By Others)
Developmem Const. Permit
LS
Project 8 BMP Management
ALL
Minor Amendment to repress project
ALL
7umbeny Road Cost Estimate
ALL
Engineering Services _
ALL
TOTAL
SUBTOTALS OWNER AND OTHER ITEMS
SUBTOTAL ALL
Contingency 10%
TOTALS
TOTAL LOTS IN PHASE
TOTAL COST PER LOT
Vignette Studios
1 S3,
2 $34
$151
$87
S87,276.00
S79,
2 $9,870.00
$9.870.00
2 S4,590.00
$4,6W.00
1 $13,600.00
$13,600.00
$30.600.00
$30,600.00
$10,000.00
$10,000.00
$2,000 nr]
$2,000.00
$6.000A0
$6,000.00
$62,2150.1)0
$62,200.00
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$315,440.00
$341,060.00
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$1,453,391.4
$1,210,360,
$121,036.00
$145,339.15
$1,596,730.
$1,331,396.
-- 42
42
$38,065.01
$31,699.90
Page 4 of 4
$26.266,53
$57
Monday, October 18, 2010
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VIGNETTE
studio s
Lind Second Attachments
Date: November 28, 2011
The following are attachments to illustrate the bids and proposed re -phasing of the project that was
completed earlier this year.
1. Proposed Phasing Plan created Aug 2010
2. Most Recent Phasing Plan for bidding purposes March 2011
3. Phase 1 bid tab summary June 2011
PO Box 1889 • Fort Collins, CO 80522-1889
970.472.9125
In addition to reaching compliance with an extension we are able to present the
property to future prospective buyers as an attractive investment going forward.
We would like the opportunity to maintain an improved product and be a part of
growth in the community as we go forward with this development.
appreciate the consideration given to this matter. We understand the
challenges associated with this request and look forward to the time frame
necessary to correct the shortcomings as they now stand.
Regards,
David Korn
Vice President
First American State Bank
at alternative phasing scenarios to build out the project. Discussions were
continued through winter 2010/11, and in fact Terence met with Susan Joy of
Fort Collins Engineering to review the proposed revisions to phasing. Apparently
this was met favorably, but no formal application had been made at that time.
In March 2011 Connell Resources was approached by Mr. Hoaglund for a final
bid and discussion on project details and financing. At this time the active
member of the Partnership and contact for planning with Fort Collins, David
Chase, passed away unexpectedly (March 5, 2011). The remaining partner
asked Terence Hoaglund to take over day to day management of the project and
bids went out to several parties. Intent was to begin phase I construction soon
after June, but this was about the time the Bank began to experience payment
issues as a result of David's death. The Partnerships financial shortcomings
came to issue and Terence was told to stop work at that time. There had been
significant investment of time and effort into this piece of land to date.
Russell Baker of Cassidy -Turley Real Estate continued to work with potential end
users up to this point as well. The Bank dealt with Mr. Chase's estate and
remaining partner to resolve our credit issue, and as you can imagine this
process took some time. The issue eventually settled with the bank proposing
some principal reduction on the note and acceptance of a deed in lieu of
foreclosure. We executed this deed October 51h, 2011, becoming owners
through special warranty deed at that time.
The Bank understands that there had been a change to LMN requirements
adopted the same month of David's death. As far as we know there was no
notice given of these changes to Turnberry Partners, but obviously our borrowing
entity couldn't act on the new changes and time spent in ownership negotiation
was a distraction to this issue. Up until March of 2011 the owners had been
taking steps to begin some improvement at this piece. Consequently, parties
were unable to take steps to correct the now non -compliant nature of the plat or
proceed with any engineering improvements as the code changes were not
known until the Bank received the property.
Our intent in requesting this term of vested right is to 1) simply provide time
necessary to reach compliance through an application of stand alone
modification to the current plat, and/or 2) provide time necessary to be diligent in
beginning required construction improvements to the parcel. We are working
with a local planner, Mr. Hoaglund of Vignette Studios, Cassidy Turley Real
Estate, and also our attorneys in an attempt to manage the parcel accordingly.
As we stand today, the present expiration date presents time frame challenges
that cannot be overcome. I can assure you that we are dedicated to preserving
the direction of improvement as envisioned by the City of Fort Collins, and
thereby preserving value in the parcel. I believe this benefits all parties involved.
FIRST iMERICAN
November 25, 2011
City of Fort Collins
Planning and Zoning Board
281 North College Ave
Fort Collins, CO 80524
RE: Lind Property, Second Filing
Dear Board,
First American State Bank would like to pursue extension of the term of vested
right on the above referenced parcel, entitlement due to expire January 9t', 2012.
First American State Bank is a local community bank chartered in Greenwood
Village, Colorado on July 10, 1995. 1 think it's important to recognize that as a
local business member we are driven to improve our region's business climate
through investment, with local dollars, into small businesses and development
enterprise here on the Front Range. This commitment as a resident partner is
seen in our extensive involvement in local charities (Colorado Housing Finance
Authority, Kempe Children's Foundation, Arapahoe House and the Denver
Center for the Performing Arts, etc.). We continue to invest in local development
and real estate projects and believe that this development is paramount to the
success of our businesses and communities. Our involvement in this subject
parcel is as follows:
In January 2007 we initiated a loan to the Turnberry Road Partnership for
purchase of the subject parcel from Centex Homes. The recorded purchase was
for $3,582,755, of which the bank financed $2,200,000 (Keep in mind this
included an 85 acre unplatted parcel, adjoining to the north of our subject, but
costs, activity, and value are weighted to the Lind Second Filing). The partners
put equity of nearly $1.4 million into the acquisition, maintained costs to carry the
property, paid property taxes, and had begun steps necessary to implement
improvement to the parcel.
In late summer 2010 Terence Hoaglund of Vignette Studios was asked by the
Partnership to prepare updated estimates of improvement costs, as well as look
8390 EAST CRESCENT PARKWAY GREENWOOD VILLAGE, COLORADO 80111
303/694-6464 FAX 303/694.4429
Lind Property Second Filing, Final Plan — One Year Extension, #39-94t
January 19, 2012 Planning & Zoning
Page 7
7. Findings of Fact/Conclusion:
A. Extensions to Final Plans are governed by Section 2.2.11(D)(4).
B. The applicant complies with the requirement that the Extension request
be submitted at least 30 days prior to the expiration date of January
17, 2012.
C. The land use standards in the L-M-N zone were amended on March
15, 2011 to enhance the mix of housing types (four versus three) at
lower acreage thresholds (30 versus 40) as part of Plan Fort Collins.
D. These new standards now cause Lind Property Second Filing to fall
out of compliance with L-M-N Section 4.5(D)(2).
E. An Amended Overall Development Plan has been submitted as a
separate preceding item which adds a fourth housing type. This
O.D.P. must be approved in order for the Extension to be further
considered.
F. Engineering improvements have not been completed.
G. The applicant has submitted a narrative describing an extraordinary
and exceptional situation related to the timing of possessing the
property and the limited opportunity in which to construct the required
engineering improvements prior to the expiration date.
H. The Board must find that there is an extraordinary and exceptional
situation.
Further, the Board must find that there is no detriment to the public
good in granting the Extension.
RECOMMENDATION:
1. If the Amended Overall Development Plan, submitted as a separate
and preceding item, is approved, then Staff recommends further
consideration of the One -Year Extension with regard to the issue of
incompleteness of the required engineering improvements.
2. Should the Board find that there is an extraordinary and exceptional
situation regarding the lack of engineering improvements, and no
detriment to the public good, Staff recommends approval of the Lind
Property, Second Filing, Final Plan, One -Year Extension, #39-94E.
Lind Property Second Filing, Final Plan — One Year Extension, #39-941=
January 19, 2012 Planning & Zoning
Page 6
5. Construction of Engineering Improvements:
This provision requires that in order for the Board to grant a one-year extension,
the applicant has been diligent in constructing the required engineering
improvements (defined as water, sewer, streets, curb, gutter, street lights, fire
hydrants and storm drainage) though such improvements have not been fully
constructed.
There has been no construction of the required engineering improvements in
Lind Property Filing Two.
6. Other Extraordinary and Exceptional Situations Unique to Property:
This provision allows the Board to acknowledge that while the required
engineering improvements have not been constructed, the Board is authorized to
grant the one-year extension upon finding that:
"...due to other extraordinary and exceptional situations unique to the
property, completing all engineering improvements would result in unusual
and exceptional practical difficulties or undue hardship upon the applicant,
and granting the extension would not be detrimental to the public good. "
The applicant has provided a narrative describing the situation regarding the
recent death of the Lind Property managing partner resulting in disposition of
assets and resolution of ownership with the surviving partners. These
proceedings resulted in a change in ownership and the ultimate possession by
the new applicant, First American State Bank. The narrative describes the
timeline associated with these events in relationship to the upcoming expiration
date of January 17, 2012 and the requirement that an extension request be made
one month prior (December 17, 2011).
If the Board finds that there is an extraordinary and exceptional situation, the
Board must further find that there is no detriment to the public good.
Whether or not these events rise to the level of being extraordinary and
exceptional causing the incompletion of the required engineering improvements
is a judgment call. Staff recommends that the Board carefully review the
applicant's narrative and public testimony when deliberating this standard.
Lind Property Second Filing, Final Plan — One Year Extension, #39-94E
January 19, 2012 Planning & Zoning
Page 5
Single Family Detached — Rear -Loaded Garages
17
11%
Single Family Detached — Front -Loaded Garages
50-foot wide, average lot size — 6,100 s . ft.
73
60 — 65-foot wide average lot size — 7,210 s . ft.
33
106
69%
Single Family Attached
30
20%
Total
153
100%
As can be seen, for Filing Two, the project falls short of compliance by having
only three housing types versus four. While out of compliance, however, Filing
Two comes rather close to meeting the standard. For example, if the 50-foot
wide lots were reduced in width to 40-feet, or reduced in lot size by 2,100 square
feet on average (or the larger lots enlarged accordingly), then there would be
compliance with the fourth housing type with the requisite 2,000 square foot
differential when compared with the larger single family detached lots.
4. Compliance with Standard Based on O.D.P.:
Section 2.3.2(H)(7) allows for the O.D.P. to govern the mix of housing types
versus any one individual filing. The standard reads as follows:
"Any standards relating to housing density and mix of uses will be applied
over the entire overall development plan, not on each individual project
development plan review."
The Lind Property O.D.P. consists of 678 —1,001 dwelling units over 180 acres
and was approved for the following mix of housing types:
1. Single Family (with no distinction as to lot size)
2. Two -Family (referred to as duplexes)
3. Multi -Family (referred to four-plexes)
As can be seen, with only three housing types, compliance with the required mix
of housing types is not achieved at the O.D.P. level. While out of compliance,
however, the O.D.P. would need only one more housing type in order to achieve
compliance. Conceivably, adding Single Family Attached at no less than 5% of
the total (40 - 50) would result in compliance.
Lind Property Second Filing, Final Plan — One Year Extension, #39-94E
January 19, 2012 Planning & Zoning
Page 4
are part of a phased overall development; and a minimum of four (4) housing
types shall be required on any such project development plan containing thirty
(30) acres or more.
(b) To the maximum extent feasible, housing types, block dimensions, garage
placement, lot sizes and lot dimensions shall be significantly and substantially
varied to avoid repetitive rows of housing and monotonous streetscapes. For
example, providing distinct single-family detached dwellings or two-family
dwellings on larger lots and on comers and providing small lot single-family
dwellings on smaller lots abutting common open spaces fronting on streets are
methods that accomplish this requirement.
(c) The following list of housing types shall be used to satisfy this requirement.
1. Single-family detached dwellings with rear loaded garages.
2. Single-family detached dwellings with front or side loaded garages.
3. Small lot single-family detached dwellings (lots containing less than four
thousand [4, 0001 square feet or with lot frontages of forty [40] feet or less)
if there is a difference of at least two thousand (2, 000) square feet
between the average lot size for small lot single-family detached dwellings
and the average lot size for single-family detached dwellings with front or
side loaded garages.
4. Two-family dwellings.
5. Single-family attached dwellings.
6. Mixed -use dwelling units.
7. Multi -family dwellings (limited to twelve [12] dwelling units per building);
8. Mobile home parks.
(d) A single housing type shall not constitute more than eighty (80) percent or
less than five (5) percent of the total number of dwelling units.
Lind Property Second Filing does not comply with these standards. With over 30
acres, at least four housing types are required and only three are provided. The
following table summarizes the currently approved mix of housing:
Lind Property Second Filing, Final Plan — One Year Extension, #39-94E
January 19, 2012 Planning & Zoning
Page 3
2. Extensions - Section 2.2.11(D)(4):
Extensions of Final Plans are governed by the following standard:
(4) Extensions. Extensions for two (2) successive periods of one (1) year each
may be granted by the Director, upon a finding that the plan complies with all
general development standards as contained in Article 3 and Zone District
Standards as contained in Article 4 at the time of the application for the
extension.
Any additional one-year extensions shall be approved, if at all, only by the
Planning and Zoning Board, upon a finding that the plan complies with all
applicable general development standards as contained in Article 3 and Zone
District Standards as contained in Article 4 at the time of the application for the
extension, and that (a) the applicant has been diligent in constructing the
engineering improvements required pursuant to paragraph (3) above, though
such improvements have not been fully constructed, or (b) due to other
extraordinary and exceptional situations unique to the property, completing all
engineering improvements would result in unusual and exceptional practical
difficulties or undue hardship upon the applicant, and granting the extension
would not be detrimental to the public good.
A request for an extension of the term of vested right under this Section must be
submitted to the Director in writing at least thirty (30) days prior to the date of
expiration. Time is of the essence. The granting of extensions by the Director
under this Section may, at the discretion of the Director, be referred to the
Planning and Zoning Board.
3. Compliance With All Applicable General Standards at the Time of
Application of the Extension:
On March 15, 2011, as part of the implementation for Plan Fort Collins, City
Council adopted several new standards to the L-M-N zone district. One of these
revisions increased the diversity of the mix of housing types (from three to four)
at lower acreage thresholds (from 40 to 30). Section 4.5(D)(2) now reads as
follows:
Mix of Housing. A mix of permitted housing types shall be included in any
individual development plan, to the extent reasonably feasible, depending on the
size of the parcel. In order to promote such variety, the following minimum
standards shall be met:
(a) A minimum of three (3) housing types shall be required on any project
development plan containing twenty (20) acres or more, including such plans that
Lind Property Second Filing, Final Plan — One Year Extension, #39-94E
January 19, 2012 Planning & Zoning
Page 2
EXECUTIVE SUMMARY:
Extensions of a Final Plan are governed by Section 2.2.11(D)(4). After three
years of initial vesting, the project received two, consecutive one-year extensions
by the Director. The project no longer complies with the L-M-N standard
regarding mix of housing because new standards were enacted on March 15,
2011 as part of Plan Fort Collins. In order to remedy this deficiency, the
applicant has applied for an Amended Overall Development as a separate item
that must be approved first in order to proceed with the extension request.
If the Amended O.D.P. is approved, then the Board must consider the fact that all
engineering improvements have not been constructed. The Board may grant the
extension despite the lack of completion of the requisite improvements but only if
a finding is made that due to other extraordinary and exceptional situations
unique to the property, completing all engineering improvements would result in
unusual and exceptional practical difficulties or undue hardship upon the
applicant, and granting the extension would not be detrimental to the public good.
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows
N: L-M-N; Vacant (O.D.P. Parcels A — D - single family / multi -family)
S: L-M-N; Single family dwellings and two-family dwellings (Maple Hill)
E: L-M-N; Number Eight Outlet Canal
E: FA-1 (County); Agriculture with a conservation easement
W: L-M-N; Single family dwellings (Richards Lake)
The property was annexed in 1984 as part of the Country Club North First
Annexation.
The Lind Property Overall Development Plan consists of 180 acres and was
approved in July of 2001.
Lind Property First Filing consists of 180 dwelling units on 45 acres and was
approved in November of 2003.
Lind Property Second Filing consists of 153 dwelling units including a
neighborhood center on 44 acres and was approved January 17, 2007.
clof
Fort�ins
EM NO
MEETING DATE i9 iv
STAFF -
PLANNING & ZONING BOARD
PROJECT: Lind Property Second Filing, Final Plan, One -Year
Extension, #39-94E
APPLICANT: First American State Bank
c/o Terence Hoaglund
Vignette Studios
P.O. Box 1889
Fort Collins, CO 80522
OWNER: First American State Bank
c/o Mr. David Korn
8390 E. Crescent Parkway
Englewood, CO 80111
PROJECT DESCRIPTION:
This is a request for a one-year extension, to January 12, 2013, of the approved
Lind Property Second Filing, Final Plan. The P.D.P was approved by the
Hearing Officer and the Final Plan was recorded on January 17, 2007. With
three years of vesting, the Final Plan was valid to January 17, 2010. Two
successive, one-year, administrative extensions were granted extending the
vesting to January 17, 2012. The project is not eligible for any additional
administrative extensions and any further extension is under the jurisdiction of
the Planning and Zoning Board. The project is located at the northeast corner of
Turnberry Road and Richards Lake Road and consists of 153 dwelling units on
44.87 acres. The parcel is zoned L-M-N, Low Density Planned Residential.
RECOMMENDATION: Approval subject to approval of the Lind Property
Amended Overall Development Plan.
Current Planning 281 N College Av PO Box 580 Fort Collins, CO 80522-0580
fcgov.com/currentplanning 970.221.6750