HomeMy WebLinkAboutEVERGREEN PARK SECOND REPLAT - Filed GC-GENERAL CORRESPONDENCE - 2003-07-31Comma y Planning and Environmental
Engineering Department
City of Fort Collins
December 14, 1992
Raymond W. Spencer
Classic Custom Builders
605 South College Ave.
Fort Collins, Co. 80524
rvices
Re: Building permits in Evergreen Park 2nd Filing
Dear Mr. Spencer:
The intent of this letter is to restate the City Engineerings'
position as it relates to building permits in the Evergreen Park
development. As you will recall from our meeting of Friday
December 11, 1992, the City will allow building permits but will
not issue any certificates of occupancy in the Evergreen
Development until all of the required Code and Development
Agreement conditions have been met. However, if you decide to
proceed with obtaining building permits, Engineering will release
its hold provided the following conditions have been met:
1. Water and Sewer lines and services are to be installed, tested
and initially accepted by the City.
2. Foxtail and Sugarpine streets north of Foxtail have been
constructed through the base course stage except the crosspan and
radii need not be constructed. However, when these items are
installed a temporary emergency access to serve the homes under
construction must be built and maintained until such time as the
concrete work: is complete and the streets are useable.
3. Storm drainage requirements as specified in the Development
Agreement have been met or approval has been given by the Storm
Water Utility to delay these improvements until some future date or
occurrence.
4. The second point of access from Conifer has been constructed
and approved by the City.
5. Any subbase and/or base course material which is contaminated
with building material, dirt or debris will be completely removed
and replaced prior to the asphalt paving.
6. The City must receive and approve as -built plans and/or
revisions that have occurred during the construction which includes
water and sewer main line and service changes.
'�ti I \o1 th Cndle"'C' Avenue • P.O. Bov 580 • Fart Collins, CO 80522-0580 • (303) 221-6605
1220 S
Bayberry Development
a Limited Liability Company
College Avenue, Suite 200, Fort Collins, CO (970) 492-2393
February 21, 1996
Mr. Mike Herzig
City of Ft. Collins
Planning Department
281 N. College Avenue
Ft. Collins, CO 80524
RE: Release of CO
Dear Mike,
FAX: (970) 221-9620
We are writing to respectfully request the release of the certificate of occupancy of the
Redwood Street location as follows: Lot 3, Block 4, Replat of Evergreen Park, 2nd
Filing.
We are making this request to facilitate a scheduled occupancy on February 23, 1996.
The purchasers, Sondra & David Ringler, are aware that construction will continue in
the area on sidewalks, etc.
Sincerely, _
Bay berry-gevglopment'— 2C
ward G. Zddhek
Manager
EZ/sh
David A. Riingler-
Purchaser
Sondra L. Ringler
Purchaser
FEB-22.-96 THU 17:04
Cl' )f FT COLLINS 281
FAX NO, 3 216378
P. 02
Febn,ary 22, 1996
Mr Edward G. Zde.nek
Bayberry Development, LLC
1220 S. College Ave., Ste. 200
Ft Collins, CO 80524
RE: Release of C. O.
Dear Mr Zdenck.
� � ,� �✓�� Ups
This letter is in regards to your request for release of a Certificate of Occupancy for Lot 3, Block
4, Replat of Evergreen Park, 2nd Filing, prior to completion of the approved utility plans for the
Redwood Street Improvements. The purpose for the early release is to accommodate a scheduled
occupancy on said lot by Sondra and David Ringler. As stated in your request, the statement "The
purchaser, Sondra and David Ringler, are aware that construction will continue in the area on
sidewalks; etc." is understood by the city to indicate The Ringlers have been nradc aware that
construction will continue directly in the frontal area of their lot and adjacent to their lot on
sidewalks, etc., possibly affecting the ease of accessing and the temporar.v entrance condition of,
their driveway and the temporary ambient. noise level after they have moved in.
The request for early release of the C. O. shall be granted with the condition that an amount
equivalent to 150% of the remaining costs for completing the Redwood Street right-of-way
improvements, along the frontal length of said lot, is placed in escrow prior to release of the
Certificate of Occupancy, An estimate shall be prepared and presented to Mr. Gary Martinson,
Engineering Department: Inspections office, for review and acceptance
Sincerely,
City of Fort Collins
Ward Stanford
Engineer, Development Review
I have reE�edyaee to the content and conditions of this letter,
Dater
t-dward G Z eS
Manager, Bayberry Development, LLC
T'ranspo ion Services
Engineering Department
City of Fort Collins
February 27, 1996
Mr. Edward G. Zdenek
Bayberry Development, LLC
1220 S. College Ave., Ste. 200
Ft. Collins, CO. 80524
RE: C.O. for lots 2 & 3, Block 4, Replat of Evergreen Park, 2nd Filing
ef ✓e) (o
I have not received the signed early C.O. approval letter for lof 3 I faxed to you on 2-22-96, nor
have I received a formal letter of request for the early release of lot 2. You have already acquired
the C.O.'s for these two lots and I need both of the letters to finish the actions on these two lots.
This procedure is the same process we followed at the time of the initial early C.O. release for lot
I and will continue to follow for all future requests. I will be unable to process any further
requests until finalization of the actions on these two lots.
Respectfully yours,
� I
Ward Stanford
Engineer, Development Review
?,�I forth C ollc};r AV('rILW I'.O. Boa HBO Fort Collins, C CU S(1�22 (1; 0 (�)?U} 221 h6�_?;
MAR-14-96 THU 10:1 1' C r TY of FT COLLINS 281 FAX NO, �n32216378 P, 02
March 12, 1996
Mr. Edward G. Zderrek
Bayberry Development, LLC
1220 S College Ave, Ste. 200
Ft Collins, CO. 80524
R1 Release of C. 0.
Dear Mr. Zdenek,
This letter is in regards to your request for release of a Certificate of Occupancy for Lot 2, Block
4, Replat of Evergreen Park, 2nd Filing, prior to completion of the approved utility plans for the
Redwood Street Improvements. The purpose for the early release is to accommodate a scheduled
occupancy on said lot by Shawn and Christine Kelley. As stated in your request, the statement.
"The purchasers, Shawn and Christine Kelley, are aware that construction will continue in the
area on sidewalks, etc " is understood by the city to indicate the Kelley's have been made aware
that construction will continue directly in the frontal area of their lot and adjacent to their lot can
sidewalks, etc., possibly affecting the ease of accessing and the temporary entrance condition of
their driveway, and the temporary ambient noise level after they have moved in.
The request for early release of the C. 0. shall be granted with the condition that an amount
equivalent to 150% of the remaining costs for completing the Redwood Street right-of-way
improvements. along the frontal length of said lot, is placed in escrow prior to release of the
Certificate of Occupancy. An estimate shall be prepared and presented to Mr. Gary Martinson
Engineering Department: Inspections office, for review and acceptance
Sincerely,
City of Fort Collins
-Ward Stanford
Engineer, Development Review
1 have r d and agree the content and conditions of this letter,
Date
Edward Cr Z n c
Manager, B ry Development, LLC
1220 S
Bayberry Development
a Limited Liability Company
College Avenue, Suite 200, Fort Collins, CO (970) 492-2393 FAX: (970) 221-9620
March 18, 1996
Mike Herzig
City of Fort Collins
Planning Department
281 N. College Avenue
Fort Collins, CO 80524
RE: Release of Certificate of Occupancy
Dear Mike:
We are writing to respectfully request the release of the Certificate of Occupancy on
I,ot 5, Block 4, Replat of Evergreen Park, Second Filing. Also known as 1324 Redwood
Street.
We are making, this request to facilitate a schedule occupancy on April 24, 1996.
The Purchasers, Jennifer Jarvi and Vincent Untiedt, are aware that construction will
continue in front of their home to complete sidewalks and street paving.
Sincerely.
Bayberry Development, LLC
Ed iar Lawler
Manager
EL/al
J nifer Jarvi
Purchaser i
Vincent Untiedt
Purchaser
Bayberry Development
a Limited Liability Company
1220 S. College Avenue, Suite 200, Fort Collins, CO (970) 492-2393
March 18, 1996
Mike Herzig
City of Fort Collins
Planning Department
281 N. College Avenue
Fort Collins, CO 80524
RE: Release of Certificate of Occupancy
Dear Mike:
FAX: (970) 221-9620
We are writing to respectfully request the release of the Certificate of Occupancy on
Lot 8, Block 4, Replat of Evergreen Park, Second Filing. Also known as 1400 Redwood
Street.
We are making this request to facilitate a schedule occupancy on March 20, 1996.
The Purchaser, Kirsten Pearson, is aware that construction will continue in the area on
sidewalks, etc.
Sincerely,
Bayberry Development, LLC
Kirs en Pearson
Purchaser
EL/al
MAR-21-96 THU 17:22
City of Fort Collins
0M4QZEMEDUWANZMffiWM
March 21, 1996
CITV of FT COLLINS 281 FAX NO, �ng2216378 P,02
Transportation Services
Engineering Department
Mr. Edward Q. Zdenek
Bayberry Development, LLC
1220 S. College Ave., Ste. 200
Ft Collins, CO 80524
RF: Release of C. 0.
Dear Mr. Zdenek,
"This letter is in regards to your request for release of a Certificate of Occupancy for Lot 8, Bl )ck
4, Replat of Evergreen Park, 2nd Filing, prior to completion of the approved utility plans for the
Redwood Street Improvements. The purpose for the catly release is to accommodate a scheduled
occupancy on said lot by a Ms. Kirsten Pearson. As stated in your request, the statement "The
purchaser, Kirsten Pearson, is aware that construction will continue in the area on sidewalks, etc."
is understood by the city to indicate Ms. Pearson has been made aware that construction will
continue directly in the frontal area of said lot and adjacent to said lot on sidewalks, storm
drainage piping, etc , possibly affecting the ease of accessing and the temporary_ entrance
condition of her driveway, plus possible adverse affects to the temporary ambient noise level ailer
she has moved in.
The request for early release of the C, 0 shall be granted with the condition that an amount
equivalent to 150% of the remaining costs for completing; the Redwood Street right-of-way
improvements, along the frontal length of said lot, is placed in escrow prior to release ofthe
Certificate of Occupancy. An estimate shall be prepared and presented to Mr. Gary Martinson,
Engineering Department. Inspections office, for review and acceptance.
Sincerely,
Ward Stanford
Engineer, Dev , opment Review
I have r�iv�hd Kee to the content and conditions of this letter,
Date.-4/-*-
Edward G. ayhdenek (. --
Manager, Development, LLC
April 23, 1996
Mr. Edward G. Zdenek and Mr. Ed Lawler
Bayberry Development, LLC
1220 S. College Ave., Ste. 200
Ft. Collins, CO. 80524
RE: Block 4, Replat of Evergreen Park, 2nd Filing.
This letter is a follow up to the earlier request made on 3-21-96 requesting a minimum of three
(3) days to process early C.O. requests for the above development. This length of time is needed
to draft our release letter, get it to you for reviewing and signing and to receive it back.
Additionally we have to get these signed documents along with your Irrevocable Letter of Credit,
for 150% of the improvements remaining to be constructed, to Gary Martinson for his review and
acceptance. Due to his work predominantly being outdoors, Gary may not be immediately
available for review and therefore may not be able to release any holds the same day the signed
documents reach his desk. Our department also has a heavy work load and may not always be
able to respond immediately.
It is imperative that all documents be signed and back at the city prior to release of the C.O.'s to
support our approval of early release of those C.O.'s.
Please take this into consideration of your needs and initiate your request with as much lead time,
in excess of 3 days, as possible.
Thank you for your consideration in this matter,
Ward Stanford
Engineer, Development Review
cc: John Fischbach
Gary Diede
Ron Phillips
APR-23-96 TUE 17:11 CITY FT COLLINS 281 FAX NO, 3032216378, P,02
April 23, 1996
Mr. Edward G Zdenek
Bayberry Development, LLC
1220 S. College Ave,, Ste. 200
Ft Collins, CO. 80524
RE: Release of C. O.
Dear Mr. Zdenek,
This letter is in regards to your request for release of a Certificate of Occupancy for Lot 5 (1324
Redwood Street), Block 4, Replat of Evergreen Park, 2nd Filing, prior to completion of the
approved utility plans four the Redwood Street Improvements. The purpose for the early release is
to accommodate a scheduled occupancy on sa.i.d lot by Jennifer Jarvi and Vincent Untiedt. As
stated III your request, the statement "The Purchasers, Jennifer Jarvi and Vincent Untiedt, are
mAare that construction will continue in the area on sidewalks, etc " is understood by the city to
indicate Jennifer Jarvi and Vincent Untiedt have been made aware that construction will continue
directly in the frontal area of their lot and adjacent to their lot on "Idewalks, etc, possibly
at ecting the ease of accessing and the temporary entrance condition of his driveway, and the
temporary ambient noise level after they have moved in.
The request for early release of the C. O. shall be granted with the condition that an ai.iount
equivalent to 15011ro of the remaining costs for completing the Redwood Street right-of-way
improvements, along the frontal length of said lot, is placed in escrow prior to release of the
Certificate of Occupancy An estimate shall be prepared and presented to Mr Clary Martinson.
Engineering Department Inspections office, for review and acceptance
Sincerely,
City of Fort Collins
/r
Ward d Stanford �
Engineer. Development Review
I hav�-r�c t�v and a ree to the content and conditions of this letter.
Dat
Edward (i Zd Lek-
Manager, Bayb� evelopment, LLC
Transpon.tion Services
Engineering Department
City of Fort Collins
April 23, 1996
Mr. Edward G. Zdenek and Mr. Ed Lawler
Bayberry Development, LLC
1220 S. College Ave., Ste. 200
Ft. Collins, CO. 80524
RE: Block 4, Replat of Evergreen Park, 2nd Filing.
This letter is a follow up to the earlier request made on 3-21-96 requesting a minimum of three
(3) days to process early C.O. requests for the above development. This length of time is needed
to draft our release letter, get it to you for reviewing and signing and to receive it back.
Additionally we have to get these signed documents along with your Irrevocable Letter of Credit,
for 150% of the improvements remaining to be constructed, to Gary Martinson for his review and
acceptance. Due to his work predominantly being outdoors, Gary may not be immediately
available for review and therefore may not be able to release any holds the same day the signed
documents reach his desk. Our department also has a heavy work load and may not always be
able to respond immediately.
It is imperative that all documents be signed and back at the city prior to release of the C.O.'s to
support our approval of early release of those C.O.'s.
Please take this into consideration of your needs and initiate your request with as much lead time,
in excess of 3 days, as possible.
Thank you for your consideration in this matter,
r
Ward Stanford
Engineer, Development Review
cc: John Fischbach
Gary Diede
Ron Phillips
281 N rih ollr e Ai c ntti I'.(. F?ox =80 •Fort �ollinc. C C)' (1522-_0-80 • (07(l 221-6605
Evergreen Park 2nd Filing
December 14, 1992
Page Two
In closing, I want to reiterate the City's position that NO
CERTIFICATES OF OCCUPANCY WILL BE ISSUED FOR ANY STRUCTURE IN THE
EVERGREEN SECOND FILING ( LOTS 1 THROUGH 8 OF BLOCK 1; LOTS 13
THROUGH 22 OF BLOCK 4 and LOTS 11 and 12 OF BLOCK 6 UNTIL THE
REQUIRED PUBLIC IMPROVEMENTS HAVE BEEN COMPLETED). The issuance of
building permits for these lots is at the builder's risk and with
the understanding that C.O.s will not be issued until such time as
the required improvements have been completed.
If you understand and are willing to abide by these conditions
PleasA6 sign in the space provided and send the original of this
letter to jne..
'Ra} nd- jOr ' Spencer Date'
Sincerely,
David Stringer
Chief Construction Inspector
cc: File
Lance Newlin
APR-25-96 THU 8:17 CITY of FT COLLINS 281 FAX NO, 3U32216378 P.01
April 24, 1.996
Mr. Edward Lawler
Bayberry Development, LLC
1220 S. College Ave., Ste. 200
Ft. Collins, CO. 80524
R_E Release of C. O.
Dear Mr. Lawler,
This letter is in regards to your request for release of a Certificate of Occupancy for Lot 4, Bl3ck
4, Replat of Evergreen Park, 2nd Filing, prior to completion of the approved utility plans for the
Redwood Street Improvements. The purpose for the early release is to accommodate a schede [led
occupancy on said lot by a Mr. Randall Brian Seyler. As stated in your request, the statement
"The Purchaser, Randall Brian Seyler, is aware that construction will continue in the area on
sidewalks, etc."' is understood by the city to. indicate Mr. Seyler has been made aware that
construction will continue directly in the frontal area of his lot and adjacent to his lot on
sidewalks, etc., possibly affecting the ease of accessing and the temporary entrance condition of
his driveway, and the temporary ambient noise level after he has moved in.
The request for early release of the C. O. shall be granted with the condition that an amount
equivalent to 150% of the remaining costs for completing the Redwood Street right-of-way
improvements, along the frontal length of said lot, is placed in escrow prior to release of the
Certificate of Occupancy. An estimate shall be prepared and presented to Mr. Gary Martinson,
Frngineering Department- Inspections office; for review and acceptance
Sincerely,
City of Fort Collins
Ward Starniord
Engineer, Development Review
I have received and agree to the content and conditions of this lever,
-- Date-
r awler /
ana er, Bayberry Development, LLC
`^Iiayberry Development
a Limited Liability Company
1220 S. College Avenue,Saite200, Fort Collins, CO (970) 492-2393 FAX: (970) 221-9620
April 24, 1996
Mike Herzig
City of Fort Collins
Planning Department
281 N. College Avenue
Fort Collins, CO 80524
RE: Release of Certificate of Occupancy
Dear Mike:
We are writing to respectfully request the release of the Certificate of Occupancy on
I_ot 4. Block 4, Replat of Evergreen Park, Second Filing. Also known as 1318 Redwood
Street.
We are making, this request to facilitate a schedule occupancy on April 29, 1996.
The Purchaser, Randall Brian Seyler, is aware that construction will continue in front of
their home to complete sidewalks and street paving.
Sincerely,
Bayberry Development, LLC
AV r�
Edward Lai Randall Brian Seyler
Manager Purchaser
Purchaser
Comn tits Planning and Environment, iervices
Engineering Department
City of Fort Collins
June 9, 1993
Mr. Greg Scott
Classic Custom Builders Inc.
605 S. College Av.
Fort Collins, Colorado 80521
Dear Greg:
As per your request in our June 7, 1993 conversation, I am
notifying you. in writing of the items at Evergreen Park 2nd filing
Phase 1 that need corrected and installed.
1. The fire hydrant at 636 Foxtail Street needs to be raised to
the proper elevation as per the City of Fort Collins Water
Utilities; Standard Construction Specifications.
2. The fire hydrant at 636 Foxtail Street needs to be repaired to
correct the leakage past the o-rings in the bonnet.
3. Gravel filters need placed across the flow lineof the curb
and gutter on both the North and South side of Foxtail Street
as per the notes on page 2 of 4 of the project plans.
Please be informed this letter does not relieve the developer or
the contractors of their responsibility towards any punchlist items
not mentioned or any warranties.
Sincerely,
Todd Juergens
Engineering Construction Inspector
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80-22-0580 • (303) 221-bo
MEMORANDUM
DATE: March 28, 1996
TO: Ron Phillips, Director of Transportation Services
Gary Diede, TOP Group Leader
FROM: Mike Herzig, Development Engineering Manager Alenl-
RE: Projects being developed by Ed Lawler and Ed Zdenek
The purpose of this memo is to inform you of recent interaction problems between the
development review staff and Ed Lawler and Ed Zdenek, and to let you know how we are
handling the situations with them and their projects. The first part of this memo presents our
circumstances in general. The second part describes specific examples to support these general
statements.
It seems that every time Mr. Lawler and Mr. Zdenek reach another problem with their projects,
they pressure and intimidate my staff and push their own process to get what they want. They
keep pressuring until a staff person gives in. Their methods include talking selectively to certain
people to get their agreement or signatures. In the process, they give staff incomplete
information and sometimes incorrect information to get staff approval. After we have given
approvals, we often find many loose ends remain to be fixed. We also find that people who they
said agreed with their issue, did not.
They have accused us of delaying approval of their plans, deliberately holding them up, and
adding bureaucratic paper work that no other developers have to do. Many times they threaten
that they will go higher up the line to get what they want, and from rumors I hear, they do.
My response to the above accusations is, yes, we do treat them differently. Since we often find
incorrect information presented and missing information, we take more time to check out
everything before we act. In the case of Redwood Street, the project they started to build last
September without plans, we have had to do a lot of extra paper work, which causes us to spend
more time on this project, paper work not required with other development projects. Since that
project is being developed out of normal sequence, with houses under construction and home
owners moving in before public improvements are designed and constructed, and with no
development agreement entered into, we believe more documentation (paper work) is necessary
to hold the developer accountable to the new homeowners and the City. The new home owners
are now parties in the development, while on other projects they are not. We have had to make
up a process as we go to handle that project.
Mr Lawler and Mr. Zdenek say they have had problems with their engineer in getting the plans
completed. We have tried to cooperate in allowing them to proceed with their building but we
respond with caution not knowing what the consequences might be. Again, this is complicated
further because we cannot rely on what the developer tells us. So, we are causing some delays to
satisfy our caution ,and try to keep control of the project.
The following are examples to support the general statements above:
(1) Here is an example of intimidation that occurred the week before last when I was on
vacation. Mr. Lawler brought in a portion of the utility plan to Ward Stanford, the
engineer assigned to his project, demanding that it be signed immediately. He said the
contractor was waiting in the field ready to start. Mr. Lawler told Ward that I was at a
meeting several days earlier and that I was expecting the plans to be signed. This
statement was not true. I had not been at any meeting and was unaware of the plan
approval. We found out later from our inspector that since the contractor had no pipe on
the site, he was not ready to start. Mr. Lawler in trying to get the plans signed, refused to
leave the plans with Ward to check so Gary Diede could sign. Instead he wanted to see
Gary personally. Gary did sign the plans after Ward reviewed them briefly. However, the
next day after a field trip to the development site, Ward found several errors on the plan
and had to have the developer's engineer correct them.
(2) This is a detailed explanation of the Redwood Street project (Evergreen Park 2nd Filing)
to give you a picture of its complexity. As you may recall in September, 1995, Mr.
Lawler and Mr. Zdenek, the developer, started this project using only a preliminary plan
not approved for construction use. They installed a storm drain pipe not shown on any
plan and built the curb and gutter before anyone discovered it. Ron Phillips, in the interest
of cooperating with the developer for what seemed like a simple 550 foot stretch of street
and in the interest of public safety for the general public already using the street, allowed
the developer to pave the street and stated that they had to prepare a plan and have it
approved.
Vacation of Redwood Street right-of-way was also an issue. The developer claimed that
Kerrie Ashbe:ck was delaying the preparations for City Council action. Handling vacation
requests were a lower priority for us with the serious work overload we had at the time.
As it turned out the information from their engineer was incomplete. Kerrie did all she
could and got the action taken care of. Peter Barnes released building permits on lots
dependent upon the vacation after first reading of the ordinance. The plan was that no
CO's would be issued until the plans were completed and the public improvements
constructed.
At this point the plans for this project are still not complete. The design for the storm
drain was more complex than anticipated. Most of our problems result from trying to deal
with a lack of information available to verify the design works. The developer's engineer
has not pursued the work diligently. As information trickles in we find the design needs to
be changed. In the mean time, houses are being built, with 4 of them issued certificates of
occupancy and occupied by their new owners. Redwood Street pavement, curb and
gutter are completed. However, the utility plans are not completed and no development
agreement has been entered into. No other development project in the City has ever
proceeded this way. We are inventing a new process as we go trying to guess at what
could happen and trying to protect the new home owners. We require the developer to
inform the new home owner of the risks we are aware of with the construction that must
still follow and require the developer's signed statement that they have done so. I believe
we have cooperated to the degree of possibly putting the City at risk because we have not
followed Sections 29- 676(b), 29-677, 29-678 and 29-679 of the City Code. These Code
sections cover the requirements that public improvements be designed and constructed
before building permits and certificates of occupancy are issued. We have not drawn a
line to stop their project.
(3) Here is another example of incomplete or incorrect information that is being passed to
those who do not know the whole story. Mr. Lawler constantly states that the storm
drainage line that passes through their project is not needed for their project; it is
something that only the City wants and is paying for and that it should not hold up the
approval of this project. He has told this to me several times. Therefore, I assume he is
telling this version of the circumstances to others above me. In reality the storm drain is
something Mr. Lawler and Mr. Zdenek are relying on to provide an outlet for another one
of their projects, Greenbriar Village 3rd Filing, immediately to the north of this project.
Two lots in Greenbriar 3rd must act as a retention pond until this storm drain is installed
to provide an outlet. This storm drain was so important that Ed Zdenek had a section of
the line installed under Redwood Street without a plan. However, Mr. Lawler and Mr.
Zdenek believe the line could be installed later with Greenbriar 3rd and, therefore, not
hold up the Redwood project. We do not want the line installed later because the
installation would require digging up the front yard parkway area in front of the occupied
new homes.
If you want to, we can discuss many more items in detail as well as other projects. The other
departments doing development review are experiencing the same problems. Let me know if we
need to change what we are doing.
These developers have violated City procedures at many levels and by their actions are demanding
preferential treatment. Is it reasonable and fair to give them what they demand? I believe not.
Except for Redwood Street, we will continue as we have been requiring them to follow our
procedures as do all other developers. For Redwood Street we will continue outside the system
with caution. In addition, we will continue to be cautious to verify information Mr. Lawler and
Mr. Zdenek give us, which can cause delays for them from time to time. I would appreciate your
support in checking with the development review staff to verify things that Mr. Lawler and Mr.
Zdenek tell you, if that is acceptable.
cc: Greg Byrne
Bob Blanchard
Bob Smith
January 26, 1996
Mr. Edward G. Zdenek
Bayberry Development, LLC
1220 S. College A.ve., Ste. 200
Ft. Collins, CO. 80524
RE: Release of C. O.
Dear Mr. Zdenek,
This letter is in regards to your request for release of a Certificate of Occupancy for Lot 1, Block
4, Replat of Evergreen Park, 2nd Filing, prior to completion of the approved utility plans for the
Redwood Street Improvements. The purpose for the early release is to accommodate a scheduled
occupancy on said lot by a Mr. Lawrence Bolt. As stated in your request, the statement "The
purchaser, Lawrence Bolt, is aware that construction will continue in the area on sidewalks, etc."
is understood by the city to indicate Mr. Bolt has been made aware that construction will continue
directly in the frontal area of his lot and adjacent to his lot on sidewalks, etc., possibly affecting
the ease of accessing and the temporary entrance condition of his driveway, and the temporary
ambient noise level after he has moved in.
The request for early release of the C. O. shall be granted with the condition that an amount
equivalent to 150% of the remaining costs for completing the Redwood Street right -of --way
improvements, along the frontal length of said lot, is placed in escrow prior to release of the
Certificate of Occupancy. An estimate shall be prepared and presented to Mr. Gary Martinson,
Engineering Department: Inspections office, for review and acceptance.
Sincerely,
City of Fort Collins
and
Engineer, Devdo
pment Review
I ha"ceived�� agree to the_conitient and conditions of this letter,
l�l.GlH _ :. • - - •
1220 S
Bayberry Development
a Limited Liability Company
College Avenue, Suite 200, Fort Collins, CO (970) 492-2393
January 25, 1996
Mr. Mike Herzig
City of Ft. Collins
Planning Department
281 N. College Avenue
Ft. Collins, CO 80524
RE: Release of CO
Dear Mike,
FAX: (970) 221-9620
We are writing to respectfully request the release of the certificate of occupancy of the
Redwood Street location as follows: Lot 1, Block 4, Replat of Evergreen Park, 2nd
Filing.
We are making this request to facilitate a scheduled occupancy on January 29, 1996.
The purchaser, Lawrence Bolt, is aware that construction will continue in the area on
sidewalks, etc.
Sincerely,
BaybeW D pme , LLC
Edward G�den
Manager -11
EZ/sh
Lawrence Bolt
Purchaser
1220 S
Baybeny Development
a Limited Liability Company
College .Avenue, Suite 200, Fort Collins, CO (970) 492-2393
February 21, 1996
Mr. Mike Herzig
City of Ft. Collins
Planning Department
281 N. College Avenue
Ft. Collins, CO 80524
RE: Release of CO
Dear Mike,
FAX: (970) 221-9620
We are writing to respectfully request the release of the certificate of occupancy of the
Redwood Street location as follows: Lot 2, Block 4, Replat of Evergreen Park, 2nd
Filing.
We are making this request to facilitate a scheduled occupancy on February 23, 1996.
The purchasers, Shawn & Christine Kelley, are aware that construction will continue in
the area on sidewalks, etc.
Sincerely,
Bayberry 9eve
c
Manager
EZ/sh
LC
r
�
Shawn Kelley
Purchaser
Christine Kelley
Purchaser