The URL can be used to link to this page

Home My WebLink AboutBMC WEST PUD - Filed GC-GENERAL CORRESPONDENCE - 2003-05-28January 22, 1996 Planning and Zoning Board Members RWLEY ASSOCIATES C/O Mike Ludwig Planning Department Landscape Architecture 281 North College Avenue Urban Design Fort Collins, CO 80524 Planning 223 Jefferson Street Suite A Fort Collins, Colorado 80524 RE: Planning Objectives for: PHONE (970) 224-5828 FAX (970) 224-2956 BMC West P.U.D. Preliminary/Final P.U.D. BMC West, Inc. is a building supply company with 52 retail building material centers in 11 western states including one located east of Timberline Road and north of Prospect Road in Fort Collins. The company also operates 25 pre -hung door manufacturing facilities. The local BMC West currently leases space at another location for the door manufacturing part of the business. BMC West P.U.D. is a proposal for a 43,756 square foot building to house a manufacturing and assembly shop for pre -hung doors. The facility is intended as a manufacturing business and not a retail store. The proposed site is located just north of their existing building material center. BMC West currently employs 47 people at their existing center on Prospect Road and 17 people are employed at their existing door manufacturing operation. In addition, the applicant is seeking approval for changes to the architecture of the existing buildings on Prospect Road which were part of Prospect -Timberline P.U.D. The architectural changes are intended to update the existing buildings, improve the visual appearance and create architectural compatibility between the existing buildings and the new manufacturing facility. The site slopes from the west to east at less than one percent. Existing vegetation on the site consists of Russian Olive trees and other small trees and shrubs. Surrounding land uses include undeveloped property to the north, Spring Creek and Seven Lakes Business Park to the east, Bath Landscape Nursery to the west and undeveloped property to the south across Prospect Road. The proposed project scores 56% on Point Chart F - Industrial Uses, gaining points for being adjacent to an arterial street and for utilizing energy conservation measures beyond those normally required. Planning objectives for the property include: Development of approximately 45,000 square feet of warehouse space. Development of truck loading docks accessible to semi -trailer trucks. Dave Osborn December 23, 1997 Page 2 Place geote.Ytile fabric and topsoil Revegetate disturbed areas and maintain until established The present value, estimated cost for erosion mitigation based on a contractor estimate is $4500. It is assumed that this cost wi11 be shared by the City of Fort Collins and distributed based on the percent runoff as discussed above. In this instance BMC West may be responsible for 36% of the total cost which is $1620. The attached figure shows the section of the drainage channel which the City of Fort Collins and BMC West would share erosion mitigation costs. If you have any questions or require further information please call. Sincerely, WESTEC, Inc Start Engineer A.G.W. cc: Mr. Jim Paske, BMC West Mrs. Basil Hamden, City of Fort Collins Storm Water Department tars'. Slieri Wrunhoff, City of Fort Collins Engineering Department o �w v z � � z waa ♦ poaa a aa-°h � 3 aar � �♦ rwr J oow wa mm� O I \z- \ �n %<� �uj / jli6Voz Lj 1z �w ` o xLn AP z J o�•..,4--j i n Jr � �..}} Job Zl � 1 U a QS Q Ul �� \ — — — — — — — — — \ JNI8J �IYlll ov---------- -- \ �.. o ZI-Z IV IN o ,/0 ,,10,y o �0 ` I \ rogy I x �— *08* TN �} \ v o s \ II I l O 1 r IZ Ln tl � .} _ l b _ X ♦ �i�, ki �" I I t � __r�r`�`r r�•x��r- �Y .rcv } K `.f� - ,� 7.n�. }•� ,r P a, �+s' I ,� P t � �. � �.. $ t .�� h � '."�` r�K v r ♦ k � r ' � � t}i � " �i�-s .k -4� i � � � � ;� ,.l '-.. ,�, ry,o� <' + Y �•,.�ro��* �,`-+s � r y �.�L _ � 1y'�3 tpis '-, b� .ti" `" I �� n t� -a, M Y• 2 Y.;�...��- aye Ya'�Q 1��. �p i �y I� ^.,i O°'3fi�, ; j �"�i wx '� ♦4°y,-4'.r Ft.�y w'_ i ♦`�� 0:� ,�'�s "' w-R t � I � � r't I J �ra .,gar �-, r "8'� n 'tW`$.� �" v. -0• +� `"tf ♦ 3� � J ' I �,Y+ ;� � l' it;`<•,� .r w-s��5 �r S 3wa r."k #?� ae ..� u�`'�i.Y ♦ � i;� '. I I I �3 �• �,JgWp,,�n,.�i��0}�4{�' �y `� i x /�'�'; '_s _�Y..* �a}Z p -_ ";�`' - � Q Of•+ s.-• y y �. x 14x' o1 0a a a> tr n O 5 r,F4 f. I I at I :� I � �� f �x '�'"' �'"c" '�5�'`�c• � 1 b��f s �+,. ^�� xti s ti'tt •£"�r iv`}' �+.i� ' 4 � ��. T, ` 044 I � u� OSBORN & BLOOM PROFESSIONAL CORPORATION ATTORNEYS AT LAW 217 WEST OLIVE DAVID L. OSBORN P.O. BOX 2003 CHARLES S. BLOOM FORT COLLINS, COLORADO 80522 December 30, 1998 VIA FACSIMILE NO. 221-6378 Ms. Sherri Wamhoff Planning and Zoning Engineering Development Approvals 281 North College Avenue Fort Collins, CO 80522 Re: BMC West P.U.D. Dear Sherri: PHONE (970) 484-2928 FACSIMILE (970) 484-2620 In trying to finalize my files, I am trying to get recorded copies of all of the documents we have generated with respect to this transaction. My records reflect that I delivered to Ron Mills on January 23. 1998, a Deed of Dedication and a Non -Exclusive Dedication. Both of those documents required signatures. In that correspondence, a copy of which is enclosed herewith. I asked Ron to return to me a copy of each document after they had been executed by the City and recorded. To date I have not received those documents. We have also previously furnished to you a Development Agreement, a copy of which is also enclosed. Thal. Development Agreement also required the signature of a City official and was to be recorded. Would you please furnish to me for my file copies of all of the aforesaid documents after they were duly recorded, as well as a copy of the final Plat. The BMC Home Office desires to try to get these documents before year end, and I would appreciate your expeditious cooperation in returning copies of same to me. Very truly yours, OSBORN & BLOOM, P.C. DLO:pas David L. Osborn `V!/ (Dictated but not reviewed) Enclosures xc: Mr. Ron Mills Mr. Jim Pask Moffatt Thomas - Attention: Jo Ellen RIPLEY ASSOCIATES Planning Objectives - BMC V, P.U.D. January 22, 1996 Page 2 ■ Development of parking area for approximately 30 employees. ■ Development of attractive buildings that are architecturally compatible with each other. ■ Development of a well landscaped street frontage that presents a positive image to the community. ■ Development of a landscape buffer between the manufacturing facility and the Spring Creek bike trail. City land use policies that support the proposed development include: 22. Preferential consideration shall be given to urban development proposals which are contiguous to existing development within the city limits or consistent with the phasing plan for the City's urban growth area 60. Industrial uses should locate near transportation facilities that offer the required access to the industry without creating demands that exceed the capacity of the existing transportation network. 61. Industrial development should locate where the proper sizing of facilities such as water, sewer and transportation has occurred or is planned. Thank you for ,your consideration, and we look forward to working with you during the development review process. Sincerely, RIPLEY ASSOCIATES Linda Ripley Principal Transpoi ion Services Engineering Department City of Fort Collins September 19, 1996 Edward Berlier P.L.S. Land Surveyors of Colorado 526 24th Street Greeley, CO 80613 Dear Ed: During our telephone conservation of a few weeks ago, you and I discussed your, concern with the position of the West Quarter Corner of Section 17 Township 7 North Range 68 West. I mentioned to you that I had found some evidence that indicated the corner, as monumented, is in it's correct position. I also indicated a survey to verify this position was underway. Also, I was aware of another survey being done by Dan Wilkins, P.L.S., of TST, Inc., in Section 17 and Section 18, with the results of that survey either verifying or refuting the current corner position. The key pieces of documentation that I have discovered, as well as the field work. performed by the City survey crews, all verify that the corner as, monumented is acceptable in its current position. Dan Wilkins also found no problem with the corner during his survey. For your review, I have enclosed copies of plats from the City's files, as well as, other evidence I uncovered, along with a copy of our field measurements. Also enclosed with Dan Wilkins permission is a copy of his survey. The recently completed topo survey for the proposed Timberline Road project, found the back of the existing sidewalk along the west side of the :Plat of Prospect Timberline P.U.D. to be parallel (within 0.101) with the existing right of way of Timberline Road. The existing sidewalk only extends some 450' north of Prospect Road, but it appears it was built using the existing position of the quarter corner. Please review the enclosures and contact me if you have any further questions. :C will be glad to meet with you and discuss your concerns regarding the quarter corner's position. Sincerely, Wallace C. Muscott, PLS Chief Surveyor enclosures 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 Jan-21-97 08:04A LAND SURVEYORS OF COLO 1-970-352-1750 P.01 LAND SURVEYORS OF COLORADO 526 lath 5trect Phone: 303.356.9712 Greeley Greeley, Colorado 80631 303.493.4123 I.arimer County 303-352-1750 Fax January 20, 1997 City of Fort Collins Engineering Department P.O. Box 580 Fort Collins, Colorado 80522 Attn: Ms. Sheri Wamhoff Mr. Wallace C. Muscott, P.L.S. Dear Ms. Wamhoff; We are in receipt of your fax to Mr. Jim Pask, BMC West Corporation, dated January 9, 1997. We are disappointed to see the issue of the conflict in the location of the West Quarter corner of section 17 raised at this late stage, You will recall we had a meeting at which all parties of this platting process were present and this matter was not brought to our attention at that time, nor has it ever surfaced as a condition of approval. Mr. Muscott's letter September 19, 1996 was not about this platting process, but a response to my request that the City :remove a monument that was not consistent with existing platted subdivisions and was related to other survey work we were doing at the time. However, as always, we are interested in meeting your needs and lultimately gaining approval of our client's project. To give you some background, I contacted Mr. Muscott and advised him that the West Quarter corner the City had recently set was in conflict with the existing subdivision plats of Seven Lakes Business Park P.U.D., and Prospect -Timberline P.U.D. At that time, I asked him to remove the monument placed by the City and resolve the conflict. Mr. Muscott was advised that the original monumentation was still in place for those subdivisions. We requested that he locate that monumentation and thereby recognize the conflict the City monument was creating. To my knowledge, he has not done that or recognized the conflict. Mr. Muscott has relied upon a 1974 survey by Gary L. Boyack in which Mr. Boyack considers the West Quarter corner to be "lost", while others considered there to be sufficient evidence to re-establish the corner and considered it to be "obliterated". The City monument is consistent with the survey of Mr. Boyack. Mr. Muscott has relayed to me by phone that both Mr. Richard A. Rutherford, who prepared the plat of Prospect -Timberline P.U.D., and Mr. Larry G. Intermill, who prepared the plat of Seven Lakes Business Park P.U.D., have recanted the certifications on those plats and acknowledge fraudulent surveys in which they both, did not locate the aliquot corners they indicate on their plats. Therefore, Mr. Muscott states, those plats can not be relied upon. That would be an interesting position before the Board of Registration for Professional Engineers and Professional Land Surveyors and I seriously doubt that it is their position. The bottom line is the City is not willing to back off their position for the West Quarter corner and have apparently made acceptance and Jan-21-97 08:04A LAND SURVEYORS OF COLO 1-970-352-1750 P.02 use of the City monument a condition of approval for the BMC West plat. I am required by statute and standards of practice to "follow in the footsteps of the original surveyor" and would ordinarily establish the West Quarter corner in the manner which I did. If it is a condition of approval that I accept and use the West Quarter corner established by the City, please forward that requirement in writing by memo, letter, or fax. We need the requirement in writing so that we may keep a copy in our files in the event a complaint against me, about the corner arrises with the Board of Registration. I am sure Mr. Muscott will recognize and understand the need for the supporting information. Our fax number is 970-352-1750 and our mailing address is shown on the letter head. Upon receipt of that requirement, we will comply and modify our plat for final submittal. So there are no surprises upon submittal, please be aware the following will show on that plat as required by statute: 1. The conflicting location of the West Quarter corner based upon the plats of Prospect -Timberline P.U.D. and Seven Lakes Business Park P.U.D., will be shown as required by C.R.S. 38-51-106 (k). However no monument will be set or shown at that location. 2. The Northerly, Southerly and Easterly lines of subject property will remain as shown as their position is fixed by the position of original monumentation of the above captioned plats and by deeds of record. The Northerly and Southerly lines of subject property will be truncated by the change in the West line of the southwest Quarter of section 17. The truncation will amount to V t A slight decrease in the area will occur. The building envelope will not change with respect to the Northerly and Easterly Lines of subject property. 3. Conflicting data along the Westerly, Southerly, and Northerly lines of subject property will be shown as a result of using the City monument per C.R.S. 38-51-106 (k). 4. Easements will be adjusted to accommodate the City monument. Again, we are disappointed that this matter was not brought up last summer, in September when Mr. Muscott wrote his letter, or at our last meeting with you and others. To avoid further delays, please contact me immediately if you foresee any problems with the modification or the requirement in writing as outlined herein_ we are very interested in resolving this conflict and moving forward. Thank you for your cooperation and understanding in assisting us and BMC west with this project. Sincerely, ard L. Berizer, P.L.S. ELB/kb cc: Mr. Jim Pask Transpoi _ .cion Services Engineering Department City of Fort Collins January 23, 1997 Edward Berlier P.L.S. Land Surveyors of Colorado 526 24th Street Greeley, CO 80613 Dear Mr. Berlier: I have received your fax letter dated January 20, 1997. Since my letter of September 19, 1996 I have not found or been given any additional evidence that would indicate to me that the current monumented position for the west quarter corner of Section 17 Township 7 North Range 68 West is in error. If the City accepted your Subdivision Plat of BMC West P.U.D. as submitted, I feel we would acknowledge that we accept your location for the corner, in question. As we are in the middle of designing the Timberline Road extension through this immediate area, the position of the corner is very critical to this design. I have no interest in delaying the proposed subdivision plat other than the fact if improvements were built based upon your position for the corner, they may be built in the City Right of Way or not satisfy set back requirements. I have no reason to doubt the findings of your survey in which existing subdivision monuments were found that led you to believe the quarter corner is in a wrong position. As I said in my September 19 letter, the results of my survey have found that the corner is located as monumented in 1974 by Gary Boyack. The two subdivision plats you have referred to, Prospect -Timberline P.U.D. and Seven Lakes Business Park P.U.D. were platted four years and eight years respectively after the corner was set by Mr. Boyack. I also deny saying that Mr. Rutherford and Mr. Intermill, the surveyors of those two subdivision plats "have recanted the certificates on those plats and acknowledged fraudulent surveys." Yes, we as surveyors are to "follow in the footsteps of the original surveyor," and to the best of my knowledge, Mr. Boyack did that in 1974. In your letter you refer to "others" considering the corner as an obliterated corner. I am not sure who you refer to as "others." Another thing I have learned since my letter of September 19, and this is only verbal statements from some of the current City employees that were working for the City during the mid 1980's, is that they remember a problem with the southwest corner of Section 17. Apparently, there was for a short time another monument near the correct monument. A meeting was held during the mid 1980's among the effected surveyors (I do not know who that was), and the current position that matches the Boyack survey of 1974 was agreed 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 upon as the correct corner. Again this is only remembrances and not hard evidence, but it could have some bearing on the problem locating the west quarter corner, as the two plats were filed during this time period. Recently I was asked to give a final check of your subdivision plat of BMC West P.U.D. (this is standard procedure). I was so concerned with the quarter corner location that I overlooked checking to see if the comments I had made during my initial review in March of 1996 had been addressed. The most recent copy of the subdivision plat that I have, dated March 1, 1996, has not addressed these few issues. My issues at that time were: The plat does not close by North 36 degrees 41 minutes 34 seconds West 0.621 feet, 1 part in 5441. The "subtitle" of the plat should say in addition to the existing subtitle; A portion of which is a Replat of a portion of Lot 1 Prospect -Timberline P.U.D., Being a ...... The additional easements located in Lot 1 Prospect -Timberline P.U.D. to be dedicated, cannot be dedicated with this plat as they are outside the outer boundary. They must be dedicated by separate document, with that recording information shown on this plat. In addition to these comments, I know that Sheri Wamhoff, from our development review section, has some comments that need to be addressed. Please be advised of this and correct your subdivision plat accordingly. I will be glad to meet with you and discuss your concerns regarding the quarter corner's position and the subdivision plat. Sincerely, Wallace C. Muscott, PLS Chief Surveyor CC: Ms. Sheri Wamhoff, CE1, City of Fort Collins Mr. Jim Pask, BMC West Corporation Transpo. don Services Engineering Department City of Fort Collins January 27, 1997 Edward Berlier P.L.S. Land Surveyors of Colorado 526 24th Street Greeley, CO 80613 Dear Mr. Berlier: Per our telephone conservation on Friday January 24, I agree a point of clarification is needed. Because I believe the correct location of the west quarter corner of Section 17 Township 7 North Range 68 West was established in 1974 by Mr. Gary Boyack P.L.S. and is currently monumented by Mr. Robert Bradshaw P.L.S., it is appropriate for you to use the existing monument position to complete the proposed subdivision plat of BMC West P.U.D. In your letter dated January 20, 1997 you have outlined what your acceptance of the existing corner will require you to do to satisfy Colorado Statutes with regards to the proposed subdivision plat. I understand and agree with your solution to the problem. In the best interest, of the City, and your client, I believe your acceptance of the corner as outlined by your letter will work for all involved parties. Sincerely, Wallace C. Muscott, PLS Chief Surveyor CC: Ms. Sheri Wamhoff, CE1, City of Fort Collins Mr. Jim Pask, BMC West Corporation 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 "Ad — — — — — --- -- \1/ YV CZZO ■ C%. December 23, 1997 Mr. Dave Osborn Osborn & Bloom, P.C. 217 West Olive Street. Fort Collins, Colorado 80521 RE: BMC West Development Agreement Dear Mr. Osborn: This letter is in reference to the BMC West Development Agreement, Special Conditions, Section II.C.4. As discussed ui our meeting with City of Fort Collins representatives, this section shall be modified provide a more detailed description of the north drainage channel and quantify the extent of mitigation liability for BNIC West. The area of mitigation should be limited to the final 110 feet of drainage channel between the east property boundary of BMC West P.U.D. and the confluence with Spring Creek. The drainage channel was designed to handle stromwater runoff using criteria and guidelines provided by the Citv of Fort Collins Storm Drainage Design Criteria and Construction Standards (1991). The following erosion control measures where included in the drainage channel design. • Minimize excavation to avoid disturbing established vegetation • Place cutoff walls below grade in the bed of the channel to prevent head cutting from the confluence W"Ith Spring Creek to the east property line of BNIC • Geotextile fabric placed below top soil laver to prevent erosion and help establish vegetation • Rip rap and filter placed at all designated discharge locations along the drainage channel Runoff discharged to the north drainage channel originates from the proposed Timberline Road extension, BMC West PUTD and property west of the BMC West development. Considering the 100 year design storm the distribution of runoff from each area, as outlined in the BNIC West P.U.D., Final Drainage and Erosion Control Report (WESTEC, October 1997), is approximately 70-5 Hs from the Timberline Road and propem, to the west and approximately 39 cfs from the developed BMC West PLI). Under the design conditions runoff from the BNIC West P.U.D. accounts for 36°0 of the total design flow in the north drainage channel at the east property boundary. The Development Agreement states that in the event of erosion problems downstream of the BNIC West PUD development permanent nutwative measures to correct erosion shall be taken. For purposes of the agreement. a cost estimate for corrective action is provided. In the worse case scenario total channel restoration may include the folloxvine repair tasks. Excavate debris Replace tN%o rock cutoff walls Provide, place and compact fill from an offsite source 2629 Redwing Road, S,,,,ite 200, Fort Collins, Colorado 80526-2879, P!), 970 226 3535 Fax 970 226 75 Reno Winnemucca Elko Fort Collins Tucson EnCe:.ocd Nevada Nevada Nevada Colorado Arizona Col do