HomeMy WebLinkAbout978 N COLLEGE AVE - MINOR AMENDMENT - 10/20/2010-�13d sa-S�
City o i Comments Due By:
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Minor Amendment Application Form 1v VI-141V I IAL
Date Submitted: ^S — 9 tie//vlvvijS -14-10
Project Name: q CGc(z-
Project Location (Street Address): / I %(/ 7 CD/ �or'I L Minor Amendment Fee: $192.00
Legal Description: / �G]��-� ��.� J �( /Vo S� e of /-7 t� 9,Al 1�� ` 7PT• TU /
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General Information: ist all property owners havin a.legal/equitable interest in the property (Attach separate sheets if necessary).
Owner's Name (s): 4 C e 1 71 � 1 / SoN �/ U
Street Address: �� � t✓. M o l L ezr' -F doZ y/State/Zip: FC - C O , 12 S2 I
Telephone: ��) ^ 72 6b Fa
Applicant's/Consultant's Name: /j Crn S l ; , ZZ j�_^ Name of firm:
Street Address: ✓I nnn City/State/Zip:
Telephone: Fax: Email: _Scut
SUBMITTAL REQUIREMENTS:
1) Six (6) copies of RECORDED plan (i.e. site, landscape, elevation, etc. - whichever is being altered) on
24" x 36" size (usually available at the Technical Services Department at 281 N. College) — RED -LINE
THE CHANGES ON the six plans or provide six copies of revised drawings showing the changes in
addition to the six originals; /JE�y���D�'
2) Completed and signed application form; and (�
3) Application fee of $192.00. � � &- f "
t� MINOR AMENDMENTP1 ;r1oocvoR- 4 '��^
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Detailed description of the change and reason(s),for the request:, �l t l c 1 t (yN t�J /1%%/Ue t-
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CERTIFICATION {` j�j; 7,�, �`'i t, ,- l., 1y.s
I certify the information and exhibits submitted are true and correct to the best of my kno le d illgg' application, I am acting with m w3r
the knowledge, consent, and authority of the owners of the property (including all owners having a legal or equitable interest in the real property, as a (Ewe
defined in Section 1-2 of the City Code; which is the subject of this application) without whose consent and authority the requested action should not
lawfully be accomplished. Pursuant to said authority, I hereby permit City officials to enter upon the property for the purpose of inspection, and if
necessary, for posting a public notice on the property.
281 N. College Ave, PO Box 580, Fort Collins, CO 80522, (970) 416-2745 F: (970) 224-6134
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' City of Fort Collins
City of Fort Collins Temporary Certificate of Occupancy
��IDENTIgI
This is to certify that the building, structure, or land located at Jr, J � Ay. 'Coll rfl
Fort Collins, Colorado has been inspected and temporary occupancy of the
same is hereby authorized, conditional upon the following requirements being completed and
approved upon final inspection. 'TIe f of,.? r.-. i,r;✓,:F'S r ..:�; r , 1 ;, t,f t.,[>.•:� t . ; ,r,
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Building Code Requirements to be Completed By. f '
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Zoning Requirements to be Completed By. 0`� r. `� : �! t '' f ' "° `[ .P `�
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2. L_:ti r,'ir ix�vrr<, n:t �,�•n r:la✓•1� .?I jAe1 '+j � � Gt S ��
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O� IFIDENTIAL
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Other Requirements to be CompletedBy"
1. ,,''tn��t:.:le::.'� r:i Yi•.? t�-{ r)-r J it''J C�.�i, ^� ��)l 'it('�G' �r (�'evtli(e� �v IVl%l/CV SeF [t/�tC.�Qc�
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If such work is not completed within the time set forth above and approved on final inspection, or
unless the time for completion is extended by the Building and Zoning Office, an order to vacate the
premises, or a violation notice for occupying the building, structure, or land without a Certificate of
Occupancy will be issued. Such violation is subject to a maximum fine of $1,000.00 per day for every
day of violation.
Contractor - --^
may..
Owner or, Lessee
Authorized By
Date
Date
10
Date of Issuance
NOTE: The issuance of this temporary certificate of occupancy will entitle the owner to place City
Utility service in the owner's name. Construction power rates may be substantially higher
than the rate to which the owner is entitled. Until the owner contacts the City Utility Office and
makes the necessary arrangements to transfer City Utilities to the owner's name, utilities will
continue to be furnished at construction rates and both the owner of the property and the
contractor will continue to be liable to the City for all utility bills.
Orig - Bldg. Insp. Yellow - Owner/Contractor Pink - Utilities
9/14/10
Re: 938 N College Minor Amendment
-Lighting and Power, Doug Maritime, 221-6700
There will be no change in electrical power to the address.
-Poudre Fire, Carrie Dan, 219-5337
As per your request, please see Hazardous Materials description
dispensing and use of items.
Address Numerals have been placed as per your request according to
2006 International Fire Code 505.1
-Water Department, Roger Buffington, 221-6854
The existing water service to the property is 3/4' service, which is ample for
our needs.
-Engineering, Mark Virata, 221-6567
As per your request for the obligation for approval contingent upon the
previous minor amendment, the purchase of curb and gutter as per your
specifications concludes the obligation of the developer, Lacoste LLC, for final
approval of the minor amendment for cultivation zoning at 938 N College
Avenue.
(5r/23/2010) Peter Barnes -Re: 938 N College Ave Page
From:
Marc Virata
To:
Scoo Leary
CC:
Kyle Lambrecht; Peter Barnes;
Date:
9/23/2010 10:57 AM
Subject:
Re: 938 N College Ave
Attachments:
Frontage Estimate_l.xls
Hi Scoo,
Rick Richter; Steve Dush
We've had the chance to complete gathering further information specific to your concerns and discuss the
minor amendment pertaining to your property on 938 N. College. Here's a summary of the options you
previously outlined with our responses and thoughts on how to reach a conclusion on the minor
amendment. I've copied the other City staff who were involved in these discussions, (Peter Barnes, Kyle
Lambrecht, Rick Richter and Steve Dush) for reference.
You had indicated that you would present as a baseline, a payment for the local street portion of College
Avenue. This amount was previously presented to you as $20,661.83 (if provided in cash) or $24,794.20
(if provided as an escrow in another acceptable form of security such as a letter of credit or bond). These
amounts have since been reduced slightly to $19,672.76 (in cash) or $23,607.31 (in escrow) to recognize
a reduced parkway strip width. (Please see the attached spreadsheet with the local street portion
estimates for both College and Vine that are required with the minor amendment).
With that in mind, you had asked if options could be considered which are outlined in bold below with our
response beneath (again these options were all with the baseline assumption that the College Avenue
local street portion was provided):.
1) Postpone the Vine Drive local street portion until future development/redevelopment.
City staff doesn't support this deferral and requires the local street portions of Vine and College to be
addressed in association with this minor amendment.
2) Allow the cost of the local street portion for Vine Drive to "cancel out" the amount the City will .
compensate you for the additional right-of-way acquisition along College.
City staff doesn't support the canceling out of the amounts as they differ with the cost of the local street
portion along Vine being greater than the projected right-of-way costs for College. Our projected costs for
compensation to you for College right-of-way is estimated to be as follows:
Amount owed to you: ROW ($13,860.00) + Temp Easement ($1138.50) + Perm. Easement ($525.00) _
College ROW Grand Total ($15,523.50)
Amount owed to the City: The Vine Drive local street portion per the attached spreadsheet was
determined to be $30,732.71 (cash) or $36,879.25 (escrow).
3) Allow the difference in amount owed to the City to be postponed.
The City won't support the differential amount being postponed to a future period not associated with this
minor amendment.
4) Pay the difference.
Unfortunately, the concept of having the differential amount being owed (basically $15,209.21) is
problematic. With federal funds involved for the right-of-way compensation, the two amounts have to be
treated separately instead of addressing the "difference".
Understanding the above may not address your concerns; the following outlines the City's position on the
repayment obligations required of you for the local street portions of Vine and College and presents two
options for you in this regard.
(.16/23/2010) Peter Barnes - Re: 938 N College Ave_ ............_ _. _. .............. - _ _Page
Option 1) The repayment of the local street portions of College ($19,672.76 if in cash) and Vine
($30,732.71 if in cash) are required prior to a full certificate of occupancy (C.O.). A temporary certificate
of occupancy (T.C.O.) may be issued without these repays in place, but then a time limitation would be
placed in the T.C.O. when payment would need to be received and no full C.O. will be issued. Zoning
would then enforce the conditions under the T.C.O. (which includes daily fines as an option) to ensure
that the repayments are made. Prior to approval of the minor amendment, an amendment to the
development agreement is needed between you and the City to monument this option.
Option 2) This option is basically the same as the previous, requiring the College frontage prior to full
C.O., but with the option that the City would allow a breakdown for Vine such that of the $30,732.71
amount, $15,523.50 could be secured as a letter of credit or development bond (in language acceptable
to the City) with the remaining Vine amount of $15,209.21 then required as cash prior to full C.O. Upon
final settlement pertaining to the compensation that the City provides to you for the right-of-way
acquisition, you would then have one year from that date to reimburse the City the $15,523.50 amount
originally secured as a letter or credit/bond, which would then trigger the release of the letter of
credit/bond. (After one year from that date, if payment is not received, the letter of credit/bond would be
called upon by the City.) Again, an amendment to the development agreement is needed prior to the
minor amendment approval to monument this option.
Let us know your thoughts on this with any questions or concerns you might have.
Marc P. Virata, P.E., Civil Engineer
Engineering Development Review
Community Development & Neighborhood Services
Planning Development & Transportation
City of Fort Collins
Phone: (970) 221-6567
Email: mvirata@fcgov.com
>>> Scoo Leary <scoo@aggietheatre.com> 9/23/2010 8:44 AM >>>
Marc, have recieved any word on this? Thanks
"Live today as if it were tomorrow and you will have no regrets when
tomorrow comes"
Scoo Leary
----- Original Message -----
From: "Peter Barnes" < PBARNES(aDfcgov.com >
To: "Scoo Leary" < scoo(a-)aggietheatre.com >
Cc: "Marc Virata" < MVIRATA@fcgov.com >
Sent: Wednesday, September 22, 2010 10:45 AM
Subject: Re: 938 N College Ave
** Confidential **
Yes. I believe Marc Virata is going to be getting back to you. I'm copying
him on this email.
Peter
>>> Scoo Leary < scoo(aD-aggietheatre.com > 9/22/2010 10:29 AM >>>
Did they have there meeting yet? Thanks
t Barnes, Peter
From:
Barnes, Peter
Sent:
Friday, October 01, 2010 9:33 AM
To:
Virata, Marc; 'Scoo Leary'
Subject:
RE: 938 N College Ave
Sensitivity: Confidential
Scoo,
One additional item would need to be taken care of prior to the TCO issuance.
Specifically, the approved site plan for your minor amendment shows 2 new trees to be
planted along the south lot line. They should be 2" caliper. trees. Before a TCO or CO
can be issued, the code requires that these trees be either installed or financially
guaranteed with an escrow or letter of credit from a bank in the amount of 125% of a
written estimate from a landscape contractor for labor and materials. Trees of that size
are going for about $500 labor and material to purchase and have installed. So Zoning
would need a financial guarantee of about $625 if the trees aren't installed. Are they
already installed? If so, I'll have someone inspect them today.
Once the trees are installed or financially guaranteed, and once Marc's issues are taken
care of, then we can issue a TCO. The TCO will have conditions regarding
1) the need to complete the required site improvements shown on your site plan within 30
days of the TCO issuance(i.e. trash enclosure, bike rack, parking lot striping to match
plan, etc), and
2) the Vine Drive payment and anything else Marc needs to include per the Development
Agreement.
Peter
----Original Message -----
From: Virata, Marc
Sent: Friday, October 01, 2010 9:12 AM
To: 'Scoo Leary'; Barnes, Peter
Subject: RE: 938 N College Ave
Scoo, from my understanding with Peter, the TCO is basically instantaneous once the
agreement is signed (with the County recording fee paid) and the College payment is made.
From my end, the stipulation for the C.O. is the Vine payment, however Peter has some
additional items pertaining to the minor amendment for C.O. which he will respond to in
this email.
Marc
-----Original Message -----
From: Scoo Leary [mailto:scoo@aggietheatre.com]
Sent: Friday, October 01, 2010 8:56 AM
To: Virata, Marc
Subject: Re: 938 N College Ave
How long will it take for me to get the T.C.O once I have signed the
agreement and paid for College? Also, the only stipulation for the C.0 is
the payment for Vine and I can do that anytime within the year correct?
Thanks
"Live today as if it were tomorrow
and you will have no regrets when tomorrow comes"
Scoo Leary
--------------------------------------------------
From: "Virata, Marc" <MVIRATA@fcgov.com>
Sent: Friday, October 01, 2010 8:52 AM
1
To: "'Scoo Leary'" <scoo@aggietheatre.com>
Subject: RE: 938 N College Ave
> Yes. That's exactly it. Sorry again for the confusion. -Marc
> -----Original Message -----
> From: Scoo Leary [mailto:scoo@aggietheatre.com]
> Sent: Friday, October 01, 2010 8:49 AM
> To: Virata, Marc
> Subject: Re: 938 N College Ave
>
> Hello. To be clear the city wants me to pay for College up front and
> then they will grant me a T.C.O. with a year to pay for Vine? Thanks
> "Live today as if it were tomorrow and you will have no regrets when
> tomorrow comes"
> Scoo Leary
> --------------------------------------------------
> From: "Virata, Marc" <MVIRATA@fcgov.com>
> Sent: Friday, October 01, 2010 8:45 AM
> To: "'Scoo Leary'" <scoo@aggietheatre.com>
> Subject: RE: 938 N College Ave
>> Hi Scoo,
>> A couple of updates, I've gotten feedback from staff on revising the
>> development agreement and now have a phone call into our City
>> attorney looking to meet and finalize -a draft that will go back out to you.
>> I have to apologize; I misunderstood the intention of staff in my
>> email responses to you. I had taken from staff that both the Vine and
>> College repays would be due prior to full C.O. or October 1st, which
>> is what I had indicated to you in the emails.
>> I was incorrect, the City's intention of the College repay is how you
>> described it in your emails, it needs to be in place at this time
>> (which I will indicate as being prior to the T.C.O.) As you've been
>> prepared to do this based on your emails, I've drafted the amendment
>> as such. Still, my apologies for the mix-up and any inconvenience
>> this may cause.
>> Again, I hope to have the draft out to you today pending confirmation
>> from our City attorney.
>> Marc P. Virata, P.E.
>> Development Review Engineering
>> Community Development & Neighborhood Services City of Fort Collins
>> 970 221-6567 mvirata@fcgov.com
>> -----Original Message -----
>> From: Scoo Leary [mailto:scoo@aggietheatre.com]
>> Sent: Tuesday, September 28, 2010 3:24 PM
>> To: Scoo Leary; Virata, Marc
>> Subject: Re: 938 N College Ave
>> Ok. Please draft the agreement. I appreciate your help with this Marc.
>> Thanks.
>> "Live today as if it were tomorrow
>> and you will have no regrets when tomorrow comes"
>> Scoo Leary
>> --------------------------------------------------
>> From: "Marc Virata" <mvirata@fcgov.com>
>> Sent: Tuesday, September 28, 2010 3:11 PM
>> To: "Scoo Leary" <scoo@aggietheatre.com>
2
>> Subject: Re: 938 N College Ave
>>> Scoo,
>>> With your okay to go ahead, I can start drafting the amendment with
>>> the goal of having a draft to you for your review by the end of the
>>> week (I would look to have our City Attorney review it first).
>>> I won't know for sure on the cost to record until the draft is
>>> completed and agreed to by everyone. I'm thinking it will be
>>> anywhere from 4 to 6 pages (which would then vary from $26 to $36).
>>> Once figured out, the check would be made out to the Larimer County
>>> Recorder (not the City).
>>> Thanks,
>>> Marc
>>>>>> Scoo Leary <scoo@aggietheatre.com> 9/28/2010 2:28 PM >>>
>>> Marc, how long will it take you to amend the development agreement
>>> and how much do you need me to bring to pay for the recording? Is
>>> that check made payable to Larimer county recorder? Thanks "Live
>>> today as if it were tomorrow and you will have no regrets when
>>> tomorrow comes"
>>> Scoo Leary
>>> --------------------------------------------------
>>> From: "Marc Virata" <mvirata@fcgov.com>
>>> Sent: Tuesday, September 28, 2010 11:35 AM
>>> To: "Scoo Leary" <scoo@aggietheatre.com>
>>> Cc: "Peter Barnes" <PBARNES@fcgov.com>
>>> Subject: Re: 938 N College Ave
>>>> Scoo,
»» Some clarifications on your email:
»» - With Option #1, you will have until Oct 1, 2011 to pay the local
»» street portions of both College and Vine (if you want to provide
»» the College portion ahead of time, that's certainly fine but won't
»» be required of you).
>>>> - The amount you owe for Vine is $30,732.71, not $15,209.21. You
>>>>-would assumably however already have been compensated an amount
»» around $15,523.50 for the College right-of-way, so if you're
»» mentally tying the two together the amount would seem to be a .
»» difference of $15,209.21 owed to the City after the College
>>>> right-of-way compensation. However, because of federal dollars
»» being used for the College right-of-way compensation, we're needing
>>>> to be very clear that the dollar amounts are not tied together in
»» any way.
>>>> - Upon completion of amending the development agreement and paying
»» recording fees to document all this, a T.C.O. will then be issued.
>>>> - On your last statement: "Once I have my full C.O. I can build on
»» my property if it is for the same use with out having to go through
>>>> any more zoning type issues.". I can't address this. I've copied
>>>> Peter on this message for an answer, as additional building on the
>>>> property might trigger requirements under the code that Peter
»» administers.
»» However, related to your last statement, regarding the local street
»» payments of College and Vine, it will be stated in the development
>>>> agreement that the payments will be in full satisfaction of your
»» obligation to construct the local street portions of these roadways.
>>>> Further development on your property will not trigger any
3
»» additional frontage obligations for Vine or College, unless however
>>>> frontage improvements are needed specifically for a future
»» redevelopment on the property, (as an example, if the property were
>>>> to turn into a fast food restaurant and the restaurant needed to
>>>> build a right turn lane off Vine per the traffic study, it would be
»» at the developer's cost at that time, not the City's).
>>>> Hope this helps. I'll check with Peter to see if he can speak to
>>>> your last statement on future building on the property as it
>>>> relates to zoning type issues.
>>>> Marc P. Virata, P.E., Civil Engineer Engineering Development Review
>>>> Community Development & Neighborhood Services Planning Development
>>>> & Transportation City of Fort Collins
»» Phone: (970) 221-6567
»» Email: mvirata@fcgov.com
»»»> Scoo Leary <scoo@aggietheatre.com> 9/28/2010 10:57 AM >>>
»» I would like to take option #1. I want to make sure I'm clear on
»» how this works. I will pay the College portion and will have until
»» Oct. 1, 2011 to pay the $15209.21 Vine portion. In the mean time
»» the city will provide me a T.O.C. I will be able to rent my
>>>> building out during the year with the T.O.C. I would also be able
>>>> to pay off the Vine portion at any time during the year and receive
>>>> my full C.O. Once I have my full C.O. I can build on my property
>>>> if it is for the same use with out having to go through any more
»» zoning type issues. Please confirm this and then we can proceed.
»» Thanks
»» "Live today as if it were tomorrow and you will have no regrets
»» when tomorrow comes"
»» Scoo Leary
»» ----- Original Message -----
»» From: "Marc Virata" <mvirata@fcgov.com>
»» To: "Scoo Leary" <scoo@aggietheatre.com>
>>>> Cc: "Peter Barnes" <PBARNES@fcgov.com>
»» Sent: Monday, September 27, 2010 4:00 PM
»» Subject: Re: 938 N College Ave
>>>> Scoo,
>>>> "Monument" probably wasn't the best word to use, it's just stating
>>>> that we need to have the development agreement amended to reflect
»» the items discussed here. Amending the development agreement will
»» serve then to document ("monument") the items discussed in a
>>>> legal/contractual manner.
>>>> The Vine (as well as College) portions would need to be in place no
»» later than a year from now (we'll go with Oct. 1, 2011), which
»» would then mean that a full C.O. on that property would need to be
>>>> in place by Oct. 1, 2011.
>>>> If you're wanting to provide the College portion sooner, that's
»» obviously fine with us.
»» In terms of when a T.C.O. can be issued, we would need to have the
»» amended development agreement fully signed (and County recording
»» fees paid) first as.this document/monuments the items here.
>>>> (Similar to the original development agreement, I'll need a check
4
>>>> from you for the recording fees that Larimer County charges,
»» probably in the $20-$30 range, prior to.) If this all sounds
>>>> acceptable, let me know which of the two options I outlined you'd
»» rather use and I can begin drafting amended development agreement
>>>> language that I'll then run by our City attorney and then you.
>>>>>From a broader perspective outside of Engineering, I'm
»»>understanding from Peter Barnes that there aren't any other
>>>>>conditions from other departments that are unresolved, so amending
>>>>>the development agreement would be the remaining item at this time
»»>prior to a T.C.O.
»» Thanks,
>>>> Marc P. Virata, P.E., Civil Engineer Engineering Development Review
»» Community Development & Neighborhood Services Planning Development
»» & Transportation City of Fort Collins
»» Phone: (970) 221-6567
»» Email: mvirata@fcgov.com
»»»> Scoo Leary <scoo@aggietheatre.com> 9/27/2010 2:53 PM >>>
»» Marc, I recieved this one. What dose it mean to "monument" this
>>>> option as stated here in your email. ( Again, an amendment to the
>>>> development agreement is needed prior to the minor amendment
>>>> approval to monument this option. ) I would also like to know if I
>> paid for the college improvements how long would I have before I
»» had to pay for the Vine portion. Also, if we can come to an
»» agreement here when could I get the T.O.C.? Thanks
»» "Live today as if it were tomorrow and you will have no regrets
>>>> when tomorrow comes"
»» Scoo Leary
>>>> ----- Original Message -----
>>>> From: Marc Virata
>>>> To: Scoo Leary ; Peter Barnes
»» Sent: Monday, September 27, 2010 12:39 PM
»» Subject: Re: 938 N College Ave
>>>> Hi Scoo,
»» I had sent.an email out to you last Thursday. Not sure why you
»» didn't receive it. I've reattached the message.
»» -Marc
»» >>> Scoo Leary <scoo@aggietheatre.com> 9/27/2010 12:08 PM >>>
»» Marc, Peter, any word on this. We are coming up on another two
»» weeks since our meeting and would really like to get my business
»» affairs in order here.
»» Thanks
>>>> "Live today as if it were tomorrow
>>>> and you will have no regrets when tomorrow comes"
»» Scoo Leary
>>>> --------------------------------------------------
»» From: "Peter Barnes" <PBARNES@fcgov.com>
>>>> Sent: Wednesday, September 22, 2010 10:45 AM
>>>> To: "Scoo Leary" <scoo@aggietheatre.com>
>>>>. Cc: "Marc Virata" <MVIRATA@fcgov.com>
5
»» Subject: Re: 938 N College Ave
>>>> > ** Confidential **
>>>> > Yes. I believe Marc Virata is going to be getting back to you.
»» I'm > copying him on this email.
»» > Peter
»» »» Scoo Leary <scoo@aggietheatre.com> 9/22/2010 10:29 AM >>> >
»» Did they have there meeting yet? Thanks > "Live today as if it
»» were tomorrow > and you will have no regrets when tomorrow comes"
»» > Scoo Leary
»» > --------------------------------------------------
»» > From: "Peter Barnes" <PBARNES@fcgov.com> > Sent: Friday,
»» September 17, 2010 7:55 AM > To: "Scoo Leary"
»» <scoo@aggietheatre.com> > Subject: Re: 938 N College Ave > >>
»» Marc Virata is trying to set up a meeting with appropriate staff
»» from >> Engineering for Monday or Tuesday. So there should be
»» some decision >> early >> next week.
»» >> Peter
»» »»> Scoo Leary <scoo@aggietheatre.com> 9/16/2010 3:48 PM >>> >> ,
»» Hi Peter. I was just checking to see if there has been any
»» progress on >> 938 N College Ave. Thanks >> >> "Live today as
»» if it were tomorrow and you will have no regrets when >> tomorrow
>>>> comes"
»» >> Scoo Leary
»»-------------------------------------------------------------------
»»----------
>>>> -------------------------------------------------------------------
»»----------
>>>> -------------------------------------------------------------------
>>>> ----------
>>>> -------------------------------------------------------------------
»»----------
>>>> -------------------------------------------------------------------
»»-----------
>>>> Hi Scoo,
>>>> We've had the chance to complete gathering further information
»» specific to your concerns and discuss the minor amendment
»» pertaining to your property on
»» 938 N. College. Here's a summary of the options you previously
»» outlined with our responses and thoughts on how to reach a
>>>> conclusion on the minor amendment. I've copied the other City staff
6
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»» who were involved in these discussions, (Peter Barnes, Kyle
>>>> Lambrecht, Rick Richter and Steve
»» Dush)
»» for
»» reference.
»» You had indicated that you would present as a baseline, a payment
»» for the local street portion of College Avenue. This amount was
»» previously presented to you as $20,661.83 (if provided in cash) or
»» $24,794.20 (if provided as an escrow in another acceptable form of
»» security such as a letter of credit or bond). These amounts have
»» since been reduced slightly to $19,672.76 (in
»» cash) or $23,607.31 (in escrow) to recognize a reduced parkway
>>>> strip width.
»» (Please see the attached spreadsheet with the local street portion
»» estimates for both College and Vine that are required with the
»» minor amendment).
>>>> With that in mind, you had asked if options could be considered
>>>> which are outlined in bold below with our response beneath (again
»» these options were all with the baseline assumption that the
»» College Avenue local street portion was provided):
>>>> 1) Postpone the Vine Drive local street portion until future
»» development/redevelopment.
»» City staff doesn't support this deferral and requires the local
»» street portions of Vine and College to be addressed in association
»» with this minor amendment.
>>>> 2) Allow the cost of the local street portion for Vine Drive to
»» "cancel out" the amount the City will compensate you for the
»» additional right-of-way acquisition along College.
»» City staff doesn't support the canceling out of the amounts as
>>>> they differ with the cost of the local street portion along Vine
»» being greater than the projected right-of-way costs for College.
»» Our projected costs for compensation to you for College
»» right-of-way is estimated to be as
»» follows:
»» Amount owed to you: ROW ($13,860.00) + Temp Easement ($1138.50) +
»» Perm.
>>>> Easement ($525.00) = College ROW Grand Total ($15,523.50)
»» Amount owed to the City: The Vine Drive local street portion per
»» the attached spreadsheet was determined to be $30,732.71 (cash) or
>>>> $36,879.25
»» (escrow).
>>>> 3) Allow the difference in amount owed to the City to be postponed.
>>>> The City won't support the differential amount being postponed to
>>>> a future period not associated with this minor amendment.
»» 4) Pay the difference.
>>>> Unfortunately, the concept of having the differential amount being
»» owed (basically $15,209.21) is problematic. With federal funds
»» involved for the right-of-way compensation, the two amounts have to
>>>> be treated separately instead of addressing the "difference".
>>>> Understanding the above may not address your concerns; the
»» following outlines the City's position on the repayment obligations
»» required of you for the local street portions of Vine and College
»» and presents two options for you in this regard.
>>>> Option 1) The repayment of the local street portions of College
»» ($19,672.76 if in cash) and Vine ($30,732.71 if in cash) are
7
>>>> required prior to a full certificate of occupancy (C.O.). A
»» temporary certificate of occupancy (T.C.O.) may be issued without
>>>> these repays in place, -but then a time limitation would be placed
»» in the T.C.O. when payment would need to be received and no full
»» C.O. will be issued. Zoning would then enforce the conditions under
»» the T.C.O. (which includes daily fines as an option) to ensure that
»» the repayments are made. Prior to approval of the minor amendment,
>>>> an amendment to the development agreement is needed between you and
>>>> the City to monument this option.
»» Option 2) This option is basically the same as the previous,
>>>> requiring the College frontage prior to full C.O., but with the
»» option that the City would allow a breakdown for Vine such that of
»» the $30,732.71 amount, $15,523.50 could be secured as a letter of
»» credit or development bond (in language acceptable to the City)
>>>> with the remaining Vine amount of $15,209.21 then required as cash
»» prior to full C.O. Upon final settlement pertaining to the
>>>> compensation that the City provides to you for the right-of-way
»» acquisition, you would then have one year from that date to
»» reimburse the City the $15,523.50 amount originally secured as a
»» letter or credit/bond, which would then trigger the release of the
>>>> letter of credit/bond. (After one year from that date, if payment
»» is not received, the letter of credit/bond would be called upon by
»» the City.) Again, an amendment to the development agreement is
»» needed prior to the minor amendment approval to monument this
»» option.
»» Let us know your thoughts on this with any questions or concerns
»» you might have.
»» Marc P. Virata, P.E., Civil Engineer Engineering Development
>>>> Review Community Development & Neighborhood Services Planning ,
»» Development & Transportation City of Fort Collins
>>>> Phone: (970) 22176567
>>>> Email: mvirata@fcgov.com
»» >>> Scoo Leary.<scoo@aggietheatre.com> 9/23/2010 8:44 AM >>>
>>>> Marc, have recieved any word on this? Thanks
»» "Live today as if it were tomorrow and you will have no regrets
>>>> when tomorrow comes"
»» Scoo Leary
>>>> ----- Original Message -----
»» From: "Peter Barnes" < PBARNES@fcgov.com >
>>>> To: "Scoo Leary" < scoo@aggietheatre.com >
>>>> Cc: "Marc Virata" < MVIRATA@fcgov.com >
>>>> Sent: Wednesday, September 22, 2010 10:45 AM
>>>> Subject: Re: 938 N College Ave
»» ** Confidential **
>>>> Yes. I believe Marc Virata is going to be getting back to you. I'm
»» copying him on this email.
»» Peter
>>>> >>> Scoo Leary < scoo.@aggietheatre.com > 9/22/2010 10:29 AM >>>
>>>> Did they have there meeting yet? Thanks "Live today as if it were
»» tomorrow and you will have no regrets when tomorrow comes"
»» Scoo Leary
8
>>>> --------------------------------------------------
»» From: "Peter Barnes" < PBARNES@fcgov.com >
>>>> Sent: Friday, September 17, 2010 7:55 AM
>>>> To: "Scoo Leary" < scoo@aggietheatre.com >
>>>> Subject: Re: 938 N College Ave
»» > Marc Virata is trying to set_ up a meeting with appropriate staff
>>>> from > Engineering for Monday or Tuesday. So there should be some
>>>> decision early > next week.
>>>> > Peter
»» >>>> Scoo Leary < scoo@aggietheatre.com > 9/16/2010 3:48 PM >>> >
>>>> Hi Peter. I was just checking to see if there has been any progress
»» on > 938 N College Ave. Thanks > > "Live today as if it were
»» tomorrow and you will have no regrets when > tomorrow comes"
»» > Scoo Leary
»» -------------------------------------------------------------------
>>>> ----------
>>>> -------------------------------------------------------------------
>>>> ----------
>>>> -------------------------------------------------------------------
»»----------
>>>> -------------------------------------------------------------------
»»----------
>>>> -------------------------------------------------------------------
>>>> ----------
>>>> -------------------------------------------------------------------
»»----------
>>>> ------ ---------- ---------------------------------------------------
»»----------
>>> -=------------------------------------------------------------------
>>>---------
>>> --------------------------------------------------------------------
>>>---------
>> ---------------------------------------------------------------------
>> ---------------------------------------------------------------------
> ----------------------------------------------------------------------
>-------
9
> ----------------------------------------------------------------------
10
Scoo,
Here's one more condition that would be placed on the TCO for the
cultivation facility at 938 N. College;
No occupancy of the building.will be allowed until a building permit is
obtained from the City for the necessary remodeling for a cultivation
facility, and until such time as the work authorized by the permit is
completed and approved by the City.
Peter
J
Scoo,
Gary from my office inspected the site this afternoon for compliance
with the approved plan. There are just a couple of items that will
need to be done:
1. A raised handicap parking sign needs to be installed at the head of
the handicap stall (your typical HC sign on a post).
2. The light fixtures on the parking lot poles are evidently on
adjustable angle brackets, and the fixtures are currently at an angle.
They need to be adjusted so that they are down directional, with no
angle.
That's all.
Peter
City
of
Community Development & Neighborhood Services
281 N. College Ave
6rt
Collins � Fort Collins, CO 80522-0580
{
Phone: 970-221-676o Fax: 970-224-6134
j
Certificate of Occupancy
This certifies that at the time of issuance, the building identified below was
inspected and found to be in compliance with applicable ordinances regulating
building - construction and use in the city of .Fort Collins, Colorado. This Certificate
must be conspicuously displayed in all buildings other than dwellings.
Building Address:
Permit Number:
Building Use(s)
Use Zone:
Occupancy Classification:
938 N COLLEGE AVE
B1305253
RETAIL STORE < 50oo SF
CS - SERVICE COMMERCIAL DISTRICT
Owner: LACOSTELLC-Zachary VVilson
425 WMULBERRY ST UNIT 208
FORT COLLINS, CO 80524
Conditional Provisions: Construction reviewed under IBC Code 2009
Work Description:
Building Official
� ` l
Change of Use from office/retail to medical marijuana center and optional
premise cultivation.
Michael W. Gebo
Authorized By
Date
ty Development ci Neighborhood Services
281 N. College Ave Fort Collins, CO 80522
970.221.676o 970.224.6134 -fax
Building Permit #: B1305253
Issued Full: 10/04/2013
Permit Type: Com, Ind or Mixed Use Minor Alteration
Site Address: 938 N COLLEGE AVE
Job Valuation: $0.00 Category: Retail Store < 5000 SF
Owner: LACOSTE LLC - Zachary Wilson
425 W MULBERRY ST UNIT 208
FORT COLLINS,
CO 80524
Phone: 970-391-7266
Zoning: Front setback:
Rear setback:
Right setback:
Left setback:
Minor Amend #:
Plat File M
ZBA Case #:
Zoning district:
CS - SERVICE COMMERCIAL DISTRICT
Legal: Subdivision/PUD:
Filing #:
Lot #: Block #:
Code: Res sq ft: 0
Com sq ft:
Ind sq ft:
Basement sq ft:
# of stories:
Occ Group:
Const Type:
Fire Sprklr:
Stock plan #:
Stock plan options:
Contractor:
License #:
Supervisor cert #:
Phone:
Subcontractor(s) - -
Phone
License Number
Work Description: Change of Use from office/retail to medical marijuana center and optional premise cultivation.
SCHEDULE INSPECTIONS: ***By Phone: 970-221-6769 *** By Web: http://amos.fcgov.com/CitizenAccess
***By Mobile Device: http://amos.fcgov.com/CitizenAccess/amca/
Inspections: EG UGE SBF FD UGP FR FP RE RP RM GL IN FNB FNE FNP FNM
TOTAL FEES PAID AS OF 10/04/13: S0.00 Payment method: _
As a condition for the issuance of a permit, I hereby declare that I am the owner or owner's agent, authorized to perform the proposed work on the properly described herein.
I agree to comply with all the requirements contained herein, and City ordinances, and State laws associated with such work. I understand that such permit may be
revoked in the event that issuance was based on incorrect information. This permit shall become null and void if the work authorized by such permit is not commenced,
suspended, abandoned or not inspected within 180 days from the date of such permit.
Signature: Print Name: Date:
Form Revised Oct 2010
Peter Barnes
From:
Marc Virata
Sent:
Thursday, August 15, 2013 1:48 PM
To:
Rita Harris
Cc:
Peter Barnes; Sheri Langenberger
Subject:
938 N. College Vine Payment
Rita,
Scoo just stopped by and provided a check in the amount of $30,732.71 to address the obligation for Vine Drive
improvements. Sheri will be processing this payment for deposit.
Thanks!
Marc
M ara P. Wratcv, -P. E.
Engineering Department
City of Fort Collins
970 221-6567
mvirata@fcgov.com
Peter Barnes
From:
Peter Barnes
Sent:
Wednesday, September 28, 2011 8:50 AM
To:
'Scoo Leary'
Cc:
Marc Virata
Subject:
Need to complete requirements of TCO
Sensitivity: Confidential
Hi Scoo,
This email is a reminder of the TCO condition for occupancy of 938 N. College Avenue.
Specifically, the TCO, issued on Oct. 4, 2010, contains a requirement that per the terms
of the amended Development Agreement, payment must be made to the City of Fort Collins for ..
the local street portion of Vine Drive in the amount of $30,732.71. This amount is to be
paid by October 1, 2011.
Can you please let me know when you plan on satisfying this occupancy requirement?
Thanks.
Peter
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Peter Barnes
From:
Noah Beals
Sent:
Tuesday, September 27, 2011 4:32 PM
To:
Gary Lopez
Cc:
Peter Barnes
Subject: RE: another inspection 938 N College
I stopped by 938 N College today. The parking lot was void of any vehicles. However two abnormally large AC units for this si:=
building were running and a window AC unit on the north side was on. The windows are all blocked out with plywood painted
black. Also there is a security camera on every side of this building. I also thought I smelt the traces of Medical Marijuana fronn
air vents on the back of the building. It is my opinion that there is a grow facility in operation.
Sincerely,
Noah
From: Gary Lopez
Sent: Tuesday, September 27, 2011 9:28 AM
To: Noah Beals
Subject: another inspection 938 N College
Can you drop by this address and see if anyone is occupying or working on it. If there is no one around check through the
windows to see if there has been any remodeling going on there.
9/28/2011
coo
Otak
-Ac nL
Peter Barnes
From:
Peter Barnes
Sent:
Tuesday, October 11, 2011 2:43 PM
To:
'scoo@aggietheatre.com'
Cc:
Marc Virata; Steve Dush; Rick Richter
Subject:
RE: Need to complete requirements of TCO
Scoo,
Staff has discussed the possibility of allowing you to pay for the Vine improvements in 3
installment payments for the property at 938 N. College Avenue. We appreciate your
willingness to pay the amount, but as of now, the City isn't inclined to amend the
development agreement and set up a payment plan. This would be a departure from normal
procedure. However, we are going to amend the-TCO by extending the compliance date to
November 10, 2011. This new date will be after the November election and we will know by
then the outcome of the MMJ ballot issue and should have a clearer picture of the status
of your property and its current use.
Peter
-----Original Message -----
From: Scoo Leary [mailto:leary.scoo@gmail.com] On Behalf Of Scoo Leary
Sent: Thursday, October 06, 2011 1:45 PM
To: Peter. Barnes
Cc: Marc Virata
Subject: Re: Need to complete requirements of TCO
Hello. Thanks for meeting with me on Monday. I would like to proceed with paying for the
Vine portion of the minor amendment deal. I would like to make 3 payments. One starting
as soon as you agree to these terms. The following in 6 months and the last in 6 months.
As I'm sure you can appreciate the significant investment that I have already made in this
property that appears won't even be useable for the intended use. Thanks for your insight
and guidance on this issue. Scoo
"Live today as though it were tomorrow
and you will have no regrets when tomorrow comes"
Scoo Leary
On 9/28/11 8:49 AM, Peter Barnes wrote:
> Hi Scoo,
> This email is a reminder of the TCO condition for occupancy of 938 N. College Avenue.
Specifically, the TCO, issued on Oct. 4, 2010, contains a requirement that per the terms
of the amended Development Agreement, payment must be made to the City of Fort Collins for
the local street portion of Vine Drive in the amount of $30,732.71. This amount is to be
paid by October 1, 2011.
> Can you please let me know when you plan on satisfying this occupancy requirement?
> Thanks.
> Peter
1
Peter Barnes
From:
Scoo Leary [leary.scoo@gmail.com] on behalf of Scoo Leary [scoo@aggietheatre.com]
Sent:
Thursday, October 06, 2011 1:45 PM
To:
Peter Barnes
Cc:
Marc Virata
Subject:
Re: Need to complete requirements of TCO
Hello. Thanks for meeting with me on Monday. I would like to proceed with paying for the
Vine portion of the minor amendment deal. I would like to make 3 payments. One starting
as soon as you agree to these terms. The following in 6 months and the last in 6 months.
As I'm sure you can appreciate the significant investment that I have already made in this..
property that appears won't even be useable for the intended use. Thanks for your insight
and guidance on this issue. Scoo
"Live today as though it were tomorrow
and you will have no regrets when tomorrow comes"
Scoo Leary
On 9/28/11 8:49 AM, Peter Barnes wrote:
> Hi Scoo,
> This email is a reminder of the TCO condition for occupancy of 938 N. College Avenue.
Specifically, the TCO, issued on Oct. 4, 2010, contains a requirement that per the terms
of the amended Development Agreement, payment must be made to the City of Fort Collins for
the local street portion of Vine Drive in the amount of $30,732.71. This amount is to be
paid by October 1, 2011.
> Can you please let me know when you plan on satisfying this occupancy requirement?
> Thanks.
> Peter
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(&23/2010) Peter Barnes - 938 N. College minor amendment
Page
From: Peter Barnes
To: scoo@aggietheatre.com
Date: 8/23/2010 8:15 AM
Subject: 938 N. College minor amendment
** Confidential **
Hi Scott,
Following are the comments from your minor amendment submittal. Of the 4 departments listed, L&P,
Poudre Fire, and Water have approved it with conditions per their comments. You'll note -that L&P's and
Water's are informational in nature, but PFA does require some additional information. The biggest
issues pertain to Engineering's comments. All other departments have approved it with no conditions.
Please submit 4 copies of revisions and/or additional documents. If you have any questions about the
comments, please contact that staff person directly.
Thanks.
Peter
Light and Power, Doug Martine, 221-6700
The electric service to this address is somewhat small (100 amps?) single phase 120/240 volts. If
increased electric service is required, please contact Light & Power Engineering at 221-6700.
Poudre Fire, Carie Dann, 219-5337
HAZARDOUS MATERIALS
The following hazardous material general provisions and requirements are from the locally
adopted and amended 2006 International Fire Code:
- Classify the materials into physical or health hazards.
- Provide a written process description for the dispensing, use and handling of these
materials.
- Provide written general safety precautions describing mitigating actions necessary in the
event of fire, leak or spill.
- Provide a written personnel training procedures guide.
2701.2, 2703.2, 2703.9, 2703.9.1
ADDRESS NUMERALS
Address numerals shall be visible from the street fronting the property, and posted with a
minimum six-inch high numerals on a contrasting background. (Bronze numerals on
brown brick are. not acceptable). The address numerals shall be mounted on the side of the
building off of which the structure is addressed; if the address numerals are put on
additional sides of the building, the name of the street off of which the building is
addressed is also required to be mounted along with the numerals.
2006 International Fire Code 505.1
Water Department, Roger Buffington, 221-6854
1. The existing water service to the property is a 3/4-inch service. If a larger service is needed,
development fees and water rights will be due at building permit.
Engineering, Marc Virata, 221-6567
The development agreement recently recorded on the property as part of a previous minor amendment,
allowed for deferral on the obligation for the local street portion of frontage improvements for College
Avenue and Vine Drive until further development/redevelopment. In consultation with additional City staff
on this particular minor amendment, this minor amendment constitutes further
(&23/2010) Peter Barnes - 938 N. College minor amendment
Page 2
development/redevelopment and should therefore be obligated for the improvements on College Avenue
and Vine Drive at this time as part of this minor amendment.
Coordination with Engineering (Kyle Lambrecht) on local street portion obligations for College and Vine
should ensue as part of the approval of this minor amendment.