HomeMy WebLinkAboutAMOCO SERVICE STATION EXPANSION, NON-CONFORMING USE - 58-88 - CORRESPONDENCE - STAFF'S PROJECT COMMENTS (2)Develcoent Services S
Planning Department
City of Fort Collins
July 21, 1988
Mr. Wendell Ayers
Mr. Steve Murray
c/o Holland West, Inc.
6920 S. Holly Circle
Englewood, CO 80112
Dear Wendell and Steve:
Staff has reviewed the Amoco Service Station No. 5401, Expansion of a Non -
Conforming Use, #58-88, and has the following comments:
'1. Provide names and addresses for the developer, the land owner and all lien racy 141
holders. Complete legal names of corporations and/or partnerships, includ-
ing type of partnership and name and title of persons authorized to sign
the development documents, on 8 1/2" x I sheet.
2. Anticipate additional comments red lined on the utility drawings.
413. A sample development agreement and landscape covenants agreement are
attached.
4. The site plan needs to include the following information:
c--a) Parcel size in gross acres and square feet.
ii b) Proposed coverage expressed as square feet and as a per cent of gross
and net land area. Gross land area includes the public right of way to
the center line of the street, while the net land area is what is
defined by the property line.
%
and SF
of
building coverage
%
and SF
of
driveways and parking
•
and SF
of
public right of way
%
and SF
of
landscape (includes...fiedestrian walks)
----c) Parking data.
d) Existing zoning.
_ e) Show the existing. circulation system and structures for 150 feet
surrounding the property exclusive of public right of way.
- f) Easements.
g) Planning and Zoning Board Certification and Owner's Certification.
(Examples attached.)
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750
Amoco Staff Comm •
July 22, 1988 — Page 2
5. Provide the following additions to the landscape plan.
T) Additional landscape on the west side.
b) Provide an automatic underground irrigation system. IOVVV�
mac) Provide turf in landscape areas wider than 6 feet.
«d) Provide at least 2 trees along the Taft Hill right of way.
e) Shrubs need to be in defined shrub beds. Plant material should be
sized and spaced to cover mulch in 2-3 years.
f) Provide landscape berming in the area .along Elizabeth Street and at
the corner.
,__g) Show existing sidewalk.
✓6: The developer will be required to construct a sand/oil trap for the car
wash facility.
7. The engineering department is requiring a one -sheet utility plan with the
following information:
a) City Standard "Construction Notes"
b) A professional engineer needs to sign and stamp the plan.
c) Dimension driveways.
d) Provide a note indicating that all damaged sidewalk will be repaired.
e) Show access ramp per City standard.
f) Show gutter outline.
g) Provide a curb and gutter detail.
8. Provide information to address health and safety issues in regard to the
underground storage tanks.
i-9. The site plan indicates a sales area. Please describe the type of sales
anticipated.
10. The request for a variance from standard storm drainage submittal require-
ments is accepted with the following exceptions.
a) Spot elevations and/or contour lines are needed to verify drainage
paths. R%-
b) Downspout locations and drainage paths need to be shown for both the
canopy and the expansion. Sizing calculations must be submitted if any
drainage structures are proposed.
11. Indicate the color and type of building materials on the elevations. Indicate
the building height.
12. Traffic engineering comments will be forwarded as soon as they are avail-
able.
Amoco Staff Comme�
July 22, 1988 — Page 3
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This concludes Staff comments at this time. Please note the following dates and
let me know if there are any problems in meeting the deadlines:
Plan revisions are due August 3, 1988
PMT's, colored renderings, and 10 prints are due August 15, 1988
Final mylars and documents are due August 18, 1988
As always, please call if there are any questions or concerns.
Sincerely,
tRipley0
7,
Linda
Project Planner
LR/bh
Attachments
cc: Joe Frank, Assistant Planning Director
Mike Herzig, Development Coordinator
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CITY OF FORT COLLINS
MEMORANDUM
DATE: June 22, 1988
T8: Developers, Engineers, Architects
FROM: Mike Herzig, Development Coordinator
RE: Sample Development Agreement
Attached for your information is a sample of a development
agreement that the developer is required to enter into with the
City during the development planning approval process. The sample
shows the basic information included in the agreement plus, in
bold print, the additional information added to the agreement to
cover items unique to the development.
The agreement is a legal document that specifies agreed upon
terms that the developer and the City will follow during the
construction phase of the project. It also covers provisions that
the developer must follow to get reimbursements from the City
after the project is complete. Many of the items stated in the
document are requirements in the City Code that we find
helps the developer know what to expect.
When you receive your actual agreement, we urge you to read it
carefully and agree to its content and accuracy before you sign
it. Do not rely on the sample. We often revise the basic
language, and this sample may not be up to date.
If you have any questions about the sample development agreement,
Please call me at 221-6750'
E-1
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NOTE: THE LANGUAGE IN THIS DEVELOPMENT AGREEMENT
SHALL BE MODIFIED TO FIT EACH DEVELOPMENT CHARACTERISTICS.
S A M P L E
DEVELOPMENT AGREEMENT
Developer and Owner
THIS AGREEMENT, made and entered into this day of
, 1988, by and between THE CITY OF FORT COLLINS, COLORADO,
a Municipal Corporation, hereinafter referred to as "The City", DEVELOP-
MENT, INC., a Colorado corporation, hereinafter referred to as "the Developer,"
LAND OWNER, INC., a Colorado corporation, and 7TH BANK OF COLO-
RADO, a Federally Chartered Agency, hereinafter referred to as "the Lien
Holder."
WITNESSETH
WHEREAS, the Developer has entered into ' an agreement with the Owner
to acquire ownership of certain property situated in the County of Larimer,
State of Colorado, and legally described as follows, to -wit:
INSERT LEGAL DESCRIPTION FROM PLAT IN THIS AREA
WHEREAS, the Developer desires to develop said property and has sub-
mitted to the City a subdivision plat and/or a site plan and landscape plan, a
copy of which is on file 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 a utility plan
for said lands, a copy of which is on file in the office of the Director of
Engineering and made a part hereof by reference; and, -
WHEREAS, the parties hereto have agreed that the development of said
lands will require increased municipal services from the City in order to serve
such area and will further require the .installation of certain improvements
primarily of benefit to the lands to be developed and not to the City of Fort
Collins as a whole; and
WHEREAS, the �ity has approved the subdivision plat and/or site plan
and landscape plan submitted by the Developer subject to certain requirements
and conditions which involve the installation of and construction of utilities
and other municipal improvements in connection with said lands.
�J
E
NOW, THEREFORE, in consideration of the promises of the parties hereto
and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, it is agreed as follows:
1. General Conditions.
A. The terms of this Agreement shall govern all development activi-
ties of the Developer pertaining to the subject property
described above. For the purposes of this Agreement, "develop-
ment 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 improve-
ments 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 specifi-
cations of the City on file in the Office of the Director of
Engineering 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 con-
struction 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 reexami-
nation. 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 resubmit-
tal.
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 and streets (with at least the
base course completed) serving such structure have been com-
pleted and accepted by the City. No building permits shall be
issued for any structure located in excess of six hundred sixty
feet (660') 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 sewer 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
sewer facilities and appurtenances, and all streets, curbing,
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gutter, sidewalks, bikeways and other public improvements
required by this development as shown on the plat, utility and
landscape plans, and other approved documents pertaining to this
development on file with City.
F. Street improvements (except curbing, gutter 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 drawings
shall be inspected by the Engineering Department of the City
and shall be subjected 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 specifica-
tions applicable to such installation. In case of conflict, the
utility drawings 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 proper-
ties against injury and to adequately serve the property to be
developed (and other lands as may be required, if any). The
Developer has met or exceeded 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
development in a manner or quantity different from that which
was historically discharged and caused by the design or con-
struction 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 (but not to include any
details of such plans, which details shall be the responsibility of
the Developer); and (3) specific directives as may be given to
the Developer by the City. Approval of and acceptance by the
City of any storm drainage facility deign or construction shall
in no manner be deemed to constitute a waiver or relinquish-
ment by the City of the aforesaid indemnification. The Devel-
oper shall engage a 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 the esti-
mated cost of the improvements on the attached Exhibit "B",
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which improvements shall include right-of-way, design and
construction costs. See Section 2.C, Special Conditions, Storm
Drainage Lines and Appurtenances, for specific instructions.
J. The Developer shall provide the Director of Engineering with
certified Record Utility Drawing Transparencies on Black Image
Diazo Reverse Mylars upon completion of any phase of the con-
struction.
2. Special Conditions.
A. Water lines.
This section includes requirements for:
o Paybacks to the City for construction done by the City;
o Paybacks due the Developer for oversizing;
o Paybacks due the Developer from future development, and;
o Other special considerations.
B. Sewer lines.
This section includes requirements for:
o Paybacks due the City for sewer construction done by the
City;
o Paybacks due the Developer for oversizing;
o Paybacks due the Developer from future development, and;
o Other special considerations.
C. Storm drainage lines and appurtenances.
This section includes requirements for:
o Timing the development -related storm drainage improve-
ments;
o Reimbursements for basin -wide storm drainage improvements;
o Landscaping of detention ponds, channels, etc.;
o Erd%ion Control, and;
o Other special considerations.
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D. Streets.
This section includes requirements for:
o Timing for completing major peripheral improvements;
o Developer reimbursement for street oversizing;
o Construction of off -site street improvements;
o State highway access permits, and;
o Other special considerations.
3. Miscellaneous.
A. The Developer agrees to provide and install, at his 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 Hand-
book" and shall not remove said safety devices until the con-
struction has been 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 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 insures that his subcontractors shall
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. When the inspector determines that erosion (either by wind or
water) is likely to be a problem, the surface area of erodible
earth material exposed at any one time shall not exceed 200,000
square feet for earthworks operations. Temporary or permanent
erosion control shall be incorporated into the subdivision at the
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•
earliest practicable time. By way of explanation and without
limitation, said control may consist of seeding of approved
grasses, temporary dikes, gabions, and/or other devices.
E. 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 on any
replat 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.
F. 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.
G. 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.
H. Financial obligations of the City of Fort Collins payable 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.
This Agreement shall run with the real property herein above
described and shall be binding upon the parties hereto, their
personal representatives, heirs, successors, grantees and assigns.
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 real or proprietary
interest in the real property herein after described, as well as
any assignment of the Developer's rights to develop such prop-
erty under the terms and conditions of this Agreement.
J. In the event the Developer transfers title to such real property
and is thereby divested of all equitable and legal interest in
said property, the City hereby agrees to release said Developer
from liability under this Agreement w�<th 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.
K. Each and every term and condition of this Agreement shall be
deemed to be a material element thereof. In the event either
party shall fail or refuse to perform according to the terms of
this A-Treement, such party may be declared in default. In the
event a party has been declared in default hereof, such default-
ing party 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 Agree-
ment as continuing and require specific performance; or, (c)
avail itself of any other remedy at law or equity.
L. In the event 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 3 E of this Agreement.
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THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
By:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Director of Engineering
City Attorney
City Manager
DEVELOPER:
DEVELOPMENT, INC.
a Colorado corporation
Rv-
ATTEST:
NAME, TITLE
NANTE, TITLE
IF:11
(corporate seal)
•
ATTEST:
NAME, TITLE
OWNER:
LAND OWNER, INC.
a Colorado corporation
By:
NAME, TITLE
(corporate seal)
LIEN HOLDER:
SEVENTH BANK OF COLORADO
NAME, TITLE
0
EXHIBIT "A"
1. Schedule of water lines to be installed out of sequence.
2. Schedule of sanitary sewer lines to be installed out of sequence.
3. Schedule of street improvements to be installed out of sequence.
4. Storm drainage improvements to be installed out of sequence.
NOTE: LANGUAGE IS INSERTED UNDER EACH ABOVE CATEGORY FOR
NON -ROUTINE IMPROVEMENTS TO BE CONSTRUCTED.
M
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Wording for Owner's Certification Option
OWNER'S CERTIFICATION
The undersigned does/do hereby certify that I/we are the lawful owners of
real property described on this site plan and do hereby certify that I/we
accept the conditions and restrictions set forth on said site plan.
(signed)
Owner
date
(signed) date
Owner
PLANNING AND ZONING
CERTIFICATION
Approved by the Planning and Zoning 30ard of the
City of Fort Collins. Colorado, on tnis day
of . A.D. :33& _
Secretary 0' r�lnnin3 !,,c Zoning :oard
J6 .%
SITE AND LANDSCAPE COVENANTS
FOR
Situate in the P.U.D.
City of Fort Collins, County of Larimer,
State of Colorado
The undersigned, fee owner of P.U.D. (The
Property) located in the City of Fort Collins, County or Larimer, State of
Colorado, does hereby make the following declarations as limitations,
restrictions and uses to which the Property may be put, and hereby
specifies that these declarations shall constitute covenants to run with
all of the Property and shall be binding on all parties and all persons
claiming under them, and for the benefit of and limitations on all future
owners of all or part of the Property, this declaration being signed for
the purpose of guaranteeing that the Property will be developed and
landscaped initially and kept in desirable condition in the future as
herein specified. "Owner" shall include the signator to this document and
all successors or assigns of said signator.
The landscape improvements, parking areas, sidewalks, open spaces and
site amenities including, without limitation, energy generation or
conservation amenities, as described in the site and landscape plans
submitted to the City of Fort Collins and on record therewith shall be made
and installed in the manner as described in said plans unless amended
pursuant to the approval of the City of Fort Collins. With the exception of
lands necessary for construction, the owner shall cause the property to be
developed according to the site and landscape plan submitted to and
approved by the City of Fort Collins. It is further understood and agreed
that the owner of the Property, or its assigns or successors in interest,
shall be responsible for the maintenance and care (including necessary
replacement of dead grasses, plants, trees or shrubs) of all "planted and
landscaped" areas and other amenities within said P.U.D. together with all
parking, sidewalks and open space areas and all areas otherwise utilized
for buffering energy conservation or other site amenity. Should the owner
fail in any respect to co.nply with the terms of this Agreement, the City of.
Fort Collins upon notifying said owner in writing 4f the matters in regard
to which default is asserted and should the owner fail either to cure said
default within thirty (30) days after receipt of such notice or to commence
within twenty (20) days to rectify such default until it is fully rectified
or cured, then the City of Fort Collins -shall have the right (1) to obtain,
in the district Court of Larimer County; Colorado, a mandatory injunction
requiring rectification of the default, or (2 ) to enter upon said property
and perform the work necessary td replace said improvements or maintain the
same and the owner shall pay or cause to be paid to the City of Fort
Collins such sums necissary to reimburse said City of Fort Collins for the
labor and material expended to complete or maintain said improvements which
payment shall be made within ten (10) days after receipt of billing. The
sum due and unpaid shall accrue interest at the statutory rate for
judgements from the date that such sum is due. If said billing is not paid,
then the City of Fort Collins pursuant to the authority granted by these
covenants, shall have a lien on the above described property and
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inprove^jants thereto. Said lien to he exercisable by filing a notice of
said lien against said property and improvements thereto; provic±ej,
however, that the City of Fort Collins s:nal1 not have a lien anains' an
sing le-fa;�ily lots and i,prove;nents thereto within the property, if
applicaole. The City of Fort Collins shall be entitled to all rights of
foreclosure or other re:127iCI s existing pursuant to Colorado law for
enforcement of liens against real pruperty and may also, at its discret;on,
rithout -waiving any other rignts it may have pursuant to law, proceed
diractly �-Iith le.aal action against the o.iner, its assigns or successors in
interest, to collect payment of the reasonable amounts so expended pursuant
to the terms ;12reof.
The undersigned, its successors and assigns, hereby expressly reserve
the right, with the consent of the City of Fort Collins, Colorado, to amend
or restate these Covenants, by including the provisions contained herein
within the Protective Covenants for the real property platted as "The
P.U.D." �;nicn real property shall include the
Property subject to these Covenants.
DATED tnis day of 19
Owner
By
ATTEST.
J2cr2tary
STATE OF COLO;ADO )
)ss
COUNTY OF L.AR I:'=R )
itie
lk-
The foregoing instrument was acknowledged before me this
°_� by as
as Secretary of
MY Commission expires:
_ Witness my hand -,,and official seal.
Notary Public
day of
and