HomeMy WebLinkAboutRIGDEN FARM EIGHTH THE SHOPS AT RIGDEN FARM - Filed DCP-DEV. CONSTRUCTION PERMIT - 2005-08-04City of Fort Collins
Transportation Services
Engineering Department
City of Fort Collins, Colorado
DEVELOPMENT CONSTRUCTION PERMIT
Permit Number: � - - ) ) Issuance Date: i f n _3
Project Name: Rip, den Farm 8"' Filing -The Shops at Rieden Farm
Project A.K.A.:
Project Location: Southeast corner of Drake Road and Timberline Road
Permittee: David Euipa Mark Young Const Co (303) 477-9083
City and developer contacts: See attached Exhibit `A' for names and phone numbers of all
contact persons for this project.
Fees: Permit Application Fee ($300.00) $ paid
Construction Inspection Fee (paid prior to issuance of this permit) $ 25,873.60
Total $ 25,873.60
Development Bond or other approved security:
Amount of security deposited with the City to guarantee the completion of all public
improvements to be constructed as shown on the approved plans for the development.
$ 561,868�.50
Form of security deposited with the City: V (- A F
PERFORMANCE REQUIREMENTS OF THIS PERMIT-
l . 'Fhc Permittee shall be responsible to require their Project Engineer to incorporate into all
design drawings and specifications the certification of all materials testing by an Engineer. The
Permittee shall have an Engineer prepare revised design drawings and secure City approval for
all revisions to the Utility Plans and related documents. The Permittee shall have an Engineer
represent, as required by the City in the Development Agreement, that the improvements are
constructed in conformance with the approved Utility Plans and the standards and specifications
of the City. The Permittee shall provide "as -constructed" plans prepared by an Engineer prior to
the City's acceptance of the constructed public improvements. (All references above to the terms
"Project Engineer" and -`Engineer" shall mean a Professional Engineer licensed in Colorado.)
2. All contractors who perform work on this project must be bonded and licensed in
conformance with City requirements.
3. Construction time restrictions: N/A
1 of 1
ZR I '1�ortI i C Ue't,c A%onuo • PO Rox 780 • Fort Collins, CO £ 0722-0S80 • (970) 221-6605 • FAX (970)'^ 16378
�%w°wA gov.coiu
to Letter of Credit" in the form attached hereto as Exhibit 2 .
This letter of credit shall be subject to the Uniform Commercial Code as in effect in the State of
Colorado, and, to the extent not inconsistent with the terms of this Letter of Credit and the Uniform
Commercial Code, the Uniform Customs and Practice for Documentary Credits, 1993 revision, [CC
publication number 500.
This Letter of Credit will be automatically extended without amendments for one year from the
present, and each future, expiration date thereof, unless Issuer delivers written notice at least sixty
(60) days prior to any such expiration date to the City of Fort Collins of its intent not to renew this
Letter of Credit. Any such notice shall be in writing and shall be delivered with an acknowledged
receipt, either in hand or by certified mail. Any amendments to this Letter of Credit shall be made in
the form of Exhibit 2 hereto.
The City may at any time request that the Bank amend this Letter of Credit by submitting to the Bank
a fully executed certificate in the form of Exhibit 2. The Bank may thereafter promptly issue an
amendment to the Letter of Credit corresponding to the change or changes requested in such
certificate.
This Letter of Credit is not transferable.
This Letter of Credit sets forth in full our undertaking, and such undertaking shall not in any way be
modified, amended, amplified or limited by reference to any document, instrument or agreement
referred to herein, except only the certificate and draft(s) referred to herein; and any such reference
shall not be deemed to incorporate herein by reference any document, instrument or agreement except
for such certificate and draft(s).
Sincerely,
Bryce E. Lloyd
Executive Vice President, Issuer
Issuing company name: FirstBank of Tech Center
Address: 5105 DTC Parkwav
Greenwood Village CO 80111
Phone Number: 303-694-1000
EXHIBIT 1
CERTIFICATE
The City of Fort Collins hereby certifies as follows with respect to the certain Irrevocable
Letter of Credit No 827-9667 dated November 22. 2004, established in favor of the City of Fort
Collins, Colorado (the "Letter of Credit"):
(a) He (She) is authorized to execute this Certificate of behalf of the City of Fort
Collins,
(b) The applicant/developer is in default under the terms of the development agreement
and/or the development construction permit.
(c) The sum of $ which is the amount of the draft presented with
this Certificate, is the amount currently due to the City of Fort Collins from KKP-Drake, LLC,
(d) The amount of the accompanying draft together with all previous draws under the
Letter of Credit do not exceed in the aggregate $562,000.00; and
(e) The Letter of Credit has not expired.
IN WITNESS WHEREOF, the undersigned has executed this Certificate of behalf ofthe City
of Fort Collins this day of
THE CITY OF FORT COLLINS, COLORADO
A Municipal Corporation
[Title]
EXHIBIT 2
Request for Amendment or Release of Letter of Credit 4827-9667
The Citv of Fort Collins certifies that the person signing below is authorized to execute this Request
for Amendment or Release of Letter of Credit on behalf of the City of Fort Collins, and further
certifies- with respect to the provisions contained in the Development Construction Permit dated
and/or the Development Agreement dated
between the City of Fort Collins (Beneficiary) and
(Developer), the following:
[Check applicable boxes.]
L The Letter of Credit is to be reduced to $
C The expiration date of the Letter of Credit is revised to be
❑ The 60-day automatic one year renewal provision contained in the Letter of Credit is no longer in
effect.
F Release Original Letter of Credit upon receipt of separate replacement Maintenance Letter
of Credit in the amount of (current value).
L Release Letter of Credit.
In witness whereof, the undersigned has executed this certificate on behalf of the City of Fort Collins
this day of
CITY OF FORT COLLINS, COLORADO
a Colorado municipal corporation
By:
(Name and Title)
DEVELOPMENT CONSTRUCTION PERMIT
APPLICATION
(2/ 16/99)
For City use only: Application Number: _ Application
Permit application fee: $ 300.00
INSTRUCTIONS:
1. Complete this form (some questions may not apply to you) and attach all necessary documents and
submit to the Development Engineering Section of the City.
2. If you have tiny questions contact the Development Engineer _ at 221-6750.
3. Submit the Application and pay the Application Fee at the fee at the Engineering counter at 281 No.
College Avenue.
PROJECT INFORMATION:
Project Name (as approved by the City):
_� �G '�'✓_ fkT _1i{bt7l✓1.1 ���oo�lb ��t 1�n,�au.fl h �
Project A.K.A. (Marketing name if different from Project Name):
Project location: ���__ Gt�1.1L�'� e* -n Nt eefxNu& 1..`
Property Owner(At the time of this permit issuance):
Individual Name: .ie*W "`-05r—a5iCf
Company Name: K K• P — r—> I LL•G
Address: 4/0 KK-P , llt¢2 �. PEn1t�S7LY/�Nur �(.� 1�Et� t CO P�2.t0
Phone number(s):
Office: 303 77�-038Co
Cellphone: Np+
Fax number: 3o3 la 2 0
Email: ' k.d>s ao2.to a acrvn
Applicant/Project Manager (The primary contact person for all matters regarding this project, and the
person responsible for all matters referencing "the Developer" in the Development Agreem-nt for this
project): �g }eosLoslcy
Individual Name: )O�Q KDSc-oSreY ��
Company Name: 14090FBL.p Ke, SL-00" ptsoPBR•?t8 5
Address: _ weS `� PEr 1 NSiL VPrJth �1, l p� t e0 Q)CY2 t o
Phone number(s):
Office: 303( '1 `I `i -o38ry
Cellphone: IJ A
Fax number: '50 b / 1'1-1 - tcj 20
Email: _4 Ka S $02(0 Yahoo . Gowt
WYATT !i ASSOCIATES, PC.`%`ARCHITECTS and PLANNERS
I'ebruary 12, 2002
Mr. Cam McNair, P.E.
City I[ngineer
City of Port Collins
281 N_ College Ave.
Port Collins_ Colorado 8052'-0580
Re: Rigdcn IParms Commercial
Access at Drake and Illinois
Dear Mr. McNair:
Wyatt cv, Associates, P.C. represents King Soopers and Kornfeld Koslosky Properties in
the planning and development of the proposed shopping center at the southeast corner of
I imherline and Drake_ As you may know we have had a couple of city meetings
concerning the overall plan and have identified planning issues and are nowworking
toward the resolution of these issues in hopes that we can begin preparation of our entire
vile devclopment submittal.
Before proceeding with the full submittal we are attempting to resolve the access issue at
Drake and Illinois. Currently this access is limited to right -turns only and we are
requesting that this he changed to a'4 turning movement. We have had a Transportation
impact Study prepared by Matt Delich_ P.E. to study all traffic impacts associated with
the dcvelopmew and a specific analysis of the subject intersection. (A copy ofthis report
and a copy of thr_ sketch plan for the shopping center are enclosed hererin.)
I his study has been submitted to and reviewed by 1[ric Bracke, Traffic I?ngineer and he
has indicated that he supports the study and the request for a'4 turn access at Drake and
Illinois. A discussion of this intersection is found beginning on page 25 ofthe report- As
noted in the report_ a waiycr with regard to the deceleration length will be necessary.
As noted in our telephone conversation, we respectfully request that you informally
review this report, discuss it with Eric Brack,-, and let us know your position on the
report. I Ic indicated that the Iinginecring Department is whom we are to make a formal
request for the kvaiver_ We ask that you Bice us your response to this informal request so
that we may prepare the details of the waiver request with our engineering consultants.
We understand trat you will need a letter of justification together with detailed
dimensions and a discussion of the actual xroaiver request.
I hank you for your prompt attention to this matter and please don't hesitate to call if you
have an.- further questions. Matt Delich and thyself will be available for questions.
1865 so. pearl st., denver, colorado 80210 (303) 698-1717 fax (303) 778-6004
(brdialh,
Wv tt &Associates, P.('.
Dctinis i'. �i'yatt, Architect
Cc Matt Del ich
Irwin Kornfeld_ KKP
Bill Batcs_ King, Soopers
Sam Sours, Kimleyr-Horn F,ngineers
I-:ncl_
Transportation Services
Engineering Department
City of Fort Collins
March 1, 2002
Mr. Dennis W. Wyatt
Wyatt & Associates, P.0
1865 S. Pearl Street
Denver, Co 80210
RE: Rigden Farm Commercial access at Drake Road and Illinois Avenue.
Dear Mr. Wyatt,
This letter is in response to the request to install a left turn bay to Drake Road at Illinois Avenue changing the
access at this intersection to a'/< movement from the existing right -in right -out movement.
The traffic study and the drawings submitted have been reviewed and a left turn lane at this location can be
installed with the following requirements. The access will need to be designed similar to the sketch that was
provided and attached to this letter. The stacking needed for the left into this site and for the future left into
the Johnson Farm C DP site needs to be accommodated, but the shortened transition lengths for the left turns
will be acceptable. The existing street is not wide enough to accommodate the left turn bay and island. Tbus
the roadwav will need to be widened, requiring redesign and reconstruction in order to accommodate the 7<
movement. All costs associated with this will be at the developers expense. A design for the new flowline
and median will need to be provided. The design will need to show how and where the new flowline ties into
the existing flowline, the median design and cross sections shall be provided in accordance with standards.
This can be submitted in conjunction with the commercial project. The developer is responsible for the
acquiring all additional fright -of -way and easements necessary to accommodate the proposed improvements.
All landscaping disturbed shall be replaced in kind, if it can not be accommodated at this site than it shall be
provided to the City for its use at the location of its choosing. It should be noted that this is a brand new street
and the street cuts cost will be expensive.
If you have any questions, please contact Sheri Wamhoff at 221-6750
Sincerely,
17
ZI
Sheri Wamhoff, PE
Attachment:
cc: Cam McNair, City Engineer — City of Fort Collins
Eric Bracke, Traffic Engineer — City of Fort Collins
Troy Jones, Planner - City of Fort Collins
file
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605
m
ty
-_ Drake Road
0
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SPRING CREEK
FARMS LLC
A&
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SCALE. 1"=60'
Figure 15
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Sheri Wamhoff - Re: Walnut measurements Page 1
From: Sheri Wamhoff
To: Troy Jones
Date: 4/1/02 8:58AM
Subject: Re: Walnut measurements
Okay
I found them here they are.
Walnut has 102 feet of right-of-way.
76 feet of pavement. Of which there are two 12 foot travel lanes and the diagonal parking lanes are each
26 feet in depth.
Which leaves 12 feet of sidewalk on each side or room for a detached sidewalk and parkway.
It should be noted that they need to determine if there is a need for a center left turn lane. If there is then
the row and x-section would be larger.
Sheri
>>> Troy Jones 03/29 2:05 PM >>>
Sorry to keep pestering you, but Dennis Wyatt keeps calling me every few days to see if I got the Walnut
Street measurements from you. Are they unfindable? Should I maybe just go measure them myself?
Troy
Sheri Wamhoff - Memo- City of FC- Dec02.doc _ P
I RIPLF�
Memorandum
December 4, 2002
PROJECT / NO: Rigden Farm 8' Filing, The Shops at Rigden Farm
TO: Sheri Wamhoff— Engineering
Tom Reiff — Transportation Planning
Doug Moore — Natural Resources
Steve Olt — Current Planning
From: Louise Herbert — VF Ripley Associates
Tree grate locations along the pedestrian spine
There were comments regarding the tree grate locations in the pedestrian spine running
north - south through the parking lot and there being enough space for pedestrian circulation.
The trees wil'I have tree grates, which will be flush with the pavement. There are a number
of different types which have narrow openings of 3/8" or less which are suitable for pedestrian
access.
The total pavement is 15' wide. The tree grates are 4' wide. This will provide 4.5 ft pedestrian
access, including a 1 ft car overhang, from the edge of the tree grate to the back of curb. Pedestrian
access can also occur over the tree grates.
Retaining the trees and tree grates through the center of the pedestrian spine would allow
greater flexibility for parking lot users and pedestrians. This may also benefit the trees.
We would welcome your comments and further discussion on this item. Please call if you
have any questions.
401 West Mountain Ave, Fort Collins, Colorado 80521 • 970-224-5828
FAX 970-224-1662 • E-MAIL vftipley(dfrii.com
4. The applicant understands that additional permits maybe required for this development
project and the applicant shall secure those permits directly from the issuing departments.
5. This permit, along with a complete set of all approved plans and documents for this project
(utility plans, site plan, landscape plan, development agreement, soils report, pavement design,
traffic study, drainage report, plat easements and any other official documents), shall be kept on
the development sit, available for use by City staff doing inspections.
6. Permit Expiration (in accordance with Section 29-12 of the Transitional Land Use
Regulations or Section 2.6.3(K) of the Land Use Code, whichever is applicable):
a. If construction has not begun within sixty (60) days from the date of issuance of this
permit, this permit shall expire and the applicant will forfeit the permit fee paid for this
permit, whereupon the applicant must re -apply for a new permit.
b. In addition, this permit shall expire one year from the date of issuance. The applicant
may apply for an extension by reapplication at least two weeks prior to the expiration
date. Such application shall contain information sufficient to justify the granting of the
extension. An extension may be granted for up to six months.
7. Building permits and certificates of occupancy will only be issued when all conditions
contained in the Development Agreement and Sections 3.3.2(C) and (D) of the Land Use Code or
Sections 29-678 and 29-679 of the Transitional Land Use Regulations, whichever is applicable,
are met. If the Development Agreement does not specify times for completion of public
improvements, or if there is no Development Agreement, then the improvement requirements
specified in Section 24-95 of the City Code shall apply, which provides that construction of all
improvements shall be required prior to the time of issuance of the first building permit .
8. Acceptance by the City of the public improvements shall be after (1) final inspection has
been conducted by the City; (2) punch list items from the final inspection are completed and
accepted by the City; (3) required certifications from the licensed professional engineer that
improvements are completed to City standards, specifications and approved Utility Plans; and (4)
the `as -constructed' plans have been received and accepted by the City.
9. The warranty on street improvements is for five (5) years from the date of acceptance by the
City of the completed improvements, in accordance with Sections 29-13 and 29-14 of the
Transitional Land Use Regulations and/or Sections 2.2.3(C)(3)(g), 3.3.1(C)(2), and 3.3.2(C) of
the Land Use Code, as applicable.
10. The City Erosion Control Inspector must be notified at least twenty four (24) hours prior to
any planned construction on this project. All required perimeter silt fencing and other
erosion/sediment control best management practices (BMP's) that can be installed prior to
construction must be in place and inspected by the City Erosion Control Inspector before any
land disturbing activity begins.
11. No work (including grading) shall be started in State Highway right-of-way until a permit is
issued by the Colorado Department of Transportation to allow such work to begin.
2 of 2
❑ Kimley-Horn
and Associates, Inc.
THE, SHOPS AT RIGDEN FARMS FILING 8
VARIANCE REQUEST #8 ■
Suite 1050
950 Seventeenth Street
Denver,. Colorado
Identifying Issue 80202
The driveways along Drake Road, between Timberline Road and Illinois Drive, should
vary from the City of Fort Collins' standard for minimum spacing between driveways
and intersections or for distance between driveways. The standard, as indicated by Table
7-3 of the Larimer County Urban Area Street Standards, is 460 feet.
Proposing Alternate Design
The proposed driveways will allow only truck and delivery traffic to have access to the
rear of the site through a right -in and a right -out driveway. The proposed design will
have minimal affect on the traffic along Drake Road due to the low volumes that will be
using this driveway. These driveways provide no access to the front of the store, so there
will be no customer traffic using these driveways.
Comparing to Standards
The proposed driveways are spaced as follows: 150 feet east of Timberline Road and 75
feet west of Illinois Drive with 175 feet between the driveways. However, there is only
about 500 feet between Timberline Road and Illinois Drive. At no point along this
section of road could there be 460 feet of spacing between driveways. We have installed
the driveways at a skewed angle to allow traffic to quickly move into and out of the flow
of traffic with as little impact as possible. There is also a median along Drake Road that
will prevent any left turn movements out of the proposed driveways, causing a
disturbance to traffic along Drake Road.
Justification
The variance will not be detrimental to the public health, safety and welfare, will not
reduce design 'life of the improvement nor cause the City of Fort Collins additional
maintenance costs. The proposed plan (as varied) will still allow the ultimate
configuration of Drake Road to function as the City of Fort Collins planned. Also, the
proposed variance will allow for better on -site traffic flow because the truck traffic will
be confined to the rear of the store and will not conflict with costumer traffic.
Carter Farley, PE
Project Manager
■
TEL 303 228 2300
FAX 303 446 8678
WYATT &ASSOCIATES, P.C."�`ARCHITECTS and PLANNERS
January 13,2003
Cameron Gloss
Current Planning Department
City of Fort Collins
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80521-0580
Re: Alternative Compliance Rigden Farm 8th Filing, The Shops at Rigden Farm.
Dear Cameron,
This letter is in regard to an Alternative Compliance Request to the LUC Section 3.2.1
Landscaping and Tree Protection, Section (E) Landscape Standards. The
specific sub -section is addressed as follows:
Section 3.2.1 (,E)(2)(d) Foundation Plantings requires that there must be a
minimum 5 foot wide shrub bed along at least 50% of exposed sections of
building walls that are in high -use or high -visibility areas.
The retail buildings will have display windows, which promote window shopping.
Continuous, 5 Moot wide planting beds would prevent pedestrians from being able
to walk close to the windows and view displays. In lieu of at grade planters, the
applicant proposes to use moveable planters in a variety of shapes and sizes to
create seasonal interest. These elements will be consistent through the site and
will also be incorporated in seating plazas and focal point areas.
For the reasons outlined above we feel that the landscape elements along with
varied architectural features and special paving materials will achieve the
standard equally well and will enhance the pedestrian experience through out the
site.
Sincerely,
6'
De Wyatt
Wyatt & Associates, P.C.
4865 so. pearl st., denver, colorado 80210 (303) 698-1717 fax (303) 778-6004
Transportation Services
Engineering Department
City of Fort Collins
February 17, 2003
Carter Farley, PE
Kimley-Horn and Associates, Inc.
1515 Arapahoe Street
Tower 1, Suite 500
Denver, Co 80202
RE: Rigden Farm, 8th Filing - Request to Reduce the Right Turn Lane Length.
Dear Carter,
This letter is in response to the variance request received to reduce the right turn lane length for
the right turn lane northbound on Timberline Road at the proposed shopping center access point
north of Custer Drive. In accordance with Larimer County Urban Area Street Standards
(LCUASS) Section ,S (figure 8-5) the right turn lane length for a right turn lane on an Arterial
roadway (50 mph design speed), with a non stop condition and a 15 mph turning radius left turn
lane should be 405 feet long with 160 feet of that being the taper. Due to the proposed placement
of the access point into the site only 282.18 feet is available for the right turn lane.
The variance request to reduce the right turn lane length is granted with the condition that the
minimum tangent length (8:1) is provided for the right turn lane. This means that a 96 foot taper
with a 186.18 foot decal lane shall be provided. This differs from what is currently shown on the
plans.
This variance request does not set a precedence or change the application of our design standards
in other situations. If you have any questions, please contact Sheri Wamhoff at 221-6750.
Sincerely,
/!r
Sheri Wamhoff, PE
cc: Steve Olt
Eric Bracke
file
rigden8.ltrl
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
www.tcgov.com
Pagel 1
i Sheri Wamhoff - Re: rt turn lane --.
From:
Sheri Wamhoff
To:
Ward Stanford
Date:
2/12/03 12:45PM
Subject:
Re: rt turn lane
Thanks Ward it does help. Glad to know I was using the table correctly. I don't know off hand what the
numbers were estimated for the Fin only. I can look it up in the original traffic study if you would like to
know.
thanks Sheri
>>> Ward Stanford 02/12/03 12:41 PM >>>
Yes, you were using the tables correctly.
My judgement is for the 8:1 taper and maximize the full lane decel length.
People will utilize it how they feel comfortable, but giving a greater area for motorists to get fully out of the
travel lane sooner encourages that behavior and reduces the impact on the thru traffic stream.
At the last trans coord mtg I thought we all understood the drive would cause an insufficient turn lane. I
was ok with it and if motorists will use it vs the full access at Custer, the Custer operation will benefit.
One question I might ask is what was the volume consideration of the old Ri/Ro access vs this new Ri/Ro
access 7 I don't know what the previous use was for and how much it was expected to be used vs the
same for the new use. I don't really believe its going to be used much by north bounders into the site, but
maybe a greater use to exit northbound and avoid the light at Custer. That may be controlled somewhat
and at certain times of day by the volume of right -turners the exit traffic may have to contend with from the
Nb right turn lane at Drake. But in any manner. not much of an issue to me.
Hope this helps.
>>> Sheri Wamhoff 02/12/03 12:11 PM >>>
Ward
lets see if I can explain myself.
This would be the right turn lane northbound on Timberline turning into the Grocery Store site just north of
Custer Drive.
Timberline Road is a major Arterial - 50 mph design speed.
Access point radii - 20 ft.
Using figure 8-5.
First column
L d/b = 405 feet using a 15 mph corner radius (cause I don't know what else to use) and a design speed
of 50 mph.
Second Column
Tb = 160 feet using a speed of 40 mph and a 12 foot wide lane width.
Third column
The traffic volumes are 30/90 for the 2020 am/pm.
It is not a stop control situation, therefore I assume additional length for storage is not needed.
So a right turn lane length of 405 feet is needed with 160 feet of that being the taper and 245 feet begin
the turnlane/ decel length.
At this location from PC to PC there is approximately 285 feet.
Obviously it will not all fit.
Providing all the decel length (245 ft) that leaves 40 ft of taper.
Sheri Wamhoff - Re rt turn lane
Page 2
Providing a 10:1 taper (120 feet) , leaves a 165 ft decel length and 120 ft taper.
Providing a 8:1 taper (min taper length as indicated at the bottom of column two) you end up with a 189 ft
decel and 96 ft taper.
Let know if I was calculating this correctly and what taper and decel lengths we would like to see. I am
guessing it is going to be too late to say that it is not an appropriately placed access point, but ..
Thanks for your help.
Sheri
_I_" Kimley-Horn
and Associates, Inc.
THE SHOPS AT RIGDEN FARMS FILING 8
VARIANCE REQUEST #1 ■
Tower 1, Suite 500
1515 Arapahoe Street
Denver, Colorado
Identifying Issue 80202
Taper length and stacking length for right turn lane from Timberline Drive to private
drive should vary because there is inadequate length between Custer Drive and the
private drive entrance to accommodate the 160 taper and the 155 stacking length
(recommended lengths).
Proposing Alternate Design
The turning speed of a vehicle exiting from Timberline Drive to the private drive would
be at least 15 mph, which would reduce the desirable deceleration lane length to 295 feet.
Due to the location of Custer Drive, this length of auxiliary right-tum lane cannot be
achieved. However, a minimum design, where braking begins at 2/3 full lane width,
results in a right -turn lane length of 165 feet. This can be achieved in the area between
the proposed access and Custer Drive. The resulting right turn lane configuration will
consist of a 152 foot taper and 130 feet of stacking.
Comparing to Sl.andards
The above variance request will have no impact on capital and maintenance
requirements. There is no difference in cost. The new design is 33 feet shorter than the
recommended right -turn auxiliary lane on Timberline Road south of the access to the
private drive.
Justification
The variance will not be detrimental to the public health, safety and welfare, will not
reduce design lHe of the improvement nor cause the City of Fort Collins additional
maintenance costs. The proposed plan (as varied) will advance the public purpose of the
standard equally as well as the city standard plan.
Carter Farlley,,`PP/
Project Manager
TEL 303 228 2300
FAX 303 446 8678
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a m RIGDEN FARMS 8th FILING [mn and Associates, (o(ciates,Inc.
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VARIANCE [REQUEST #1 D— doaao�o,
KING SOOPERS #97 DRAWN BY: AKw
FORT COLLINS, COLORADO CHECKED BY: CRF
DATE: 1-13-03 N0. REVISION DATE
Transportation Services
Engineering Department
February 18, 2003
Carter Farley, PE
Kimley-Horn and Associates, Inc.
1515 Arapahoe Street
Tower 1, Suite 500
Denver, Co 80202
RE: Rigden Farm, 8th Filing — Variance Request to Vary the Height of the Curb Along Illinois
Avenue.
Dear Carter,
This letter is in response to the variance request received to vary the curb height along the
parking area on Illinois Avenue from 3 inches to 8 inches. In accordance with the Larimer
County Urban Area Street Standards (LCUASS) drawing 701 the curb shall have a 6 inch height.
The variance to vary the curb height is denied. The standard curb height must be provided. The
changes in grade need to be accommodated in another way. The entrances to the buildings along
Illinois Avenue need to be setback from the right-of-way (row) and placed in an inset in the
building as the doorways can not open into the row. It maybe possible to accommodate the grade
differentials that were mentioned, in this area by providing a ramp that would meet ADA
standards between the back edge of the sidewalk and the doorway and by increasing the slope of
the sidewalk somewhat in the areas between the trees. The proposed slope between the trees
would need to be reviewed, as although this area may not need to meet the ADA x-slope
requirements it still needs to be accessible for those people using when accessing the vehicles.
If you have any questions, please contact Sheri Wamhoff at 221-6750.
Sincerely,
� V-11
Sheri Wamhoff, PE
cc: Cam McNair
Eric Bracke
Steve Olt
file
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
www.fcgov.com
n M,\ Kimley-Horn
� and Associates, Inc.
THE SHOPS AT RIGDEN FARMS FILING 8
VARIANCE REQUEST #4 ■
Tower 1, Suite 500
1515 Arapahoe Street
Denver, Colorado
Ider ifvine Issue! 80202
In order to maintain the desired "Downtown Street' experience on Illinois Ave., it is
necessary to vary the height of the vertical curb along Illinois to make up grade
differences.
Proposing Alternate Design
Over the length of Illinois Ave the height of curb from flowline to top of curb will vary
from 3 inches (in a very limited area) to 8 inches. See attached exhibit drawing for
locations. This varying height will allow a constant cross sectional slope throughout
Illinois while maintaining an even (non -stepped) appearance on the buildings adjoining
the street.
Comparing to Standards
The varying height curb is a reflection of a technique used in other parts of downtown Ft.
Collins. According to the City, this is a desirable alternative due to the constant cross
slope and the overall pedestrian experience. The curb will vary as much as 3 inches from
the standard 6 inch vertical curb while maintaining adequate rollover protection to
pedestrian traffic on the adjoining sidewalk.
Justification
The variance will not be detrimental to the public health, safety and welfare, will not
reduce design life of the improvement nor cause the City of Fort Collins additional
maintenance costs. The proposed plan (as varied) will advance the public purpose of the
Stan equally as well as the city standard plan.
Carter Farley, PE�
Project Manager
TEL 303 228 2300
FAX 303 446 8678
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12. Other conditions: I All pedestrian ramps within the right-of-way shall be constructed to
meet ADA requirements (shall include truncated domes). 2. No street cut fees will be assessed
provided a mill and overlay is provided for all street cuts.
Permittee's acknowledgment signature:
fly signing this permit I acknowledges that i am acting with the knowledge, consent, and authority of
the owners of the property (including all owners having legal or equitable interest in the real property, as
defined in Section 1-2 of the City Code; and including common areas legally connected to or associated
with the property which is the subject of this application) without whose consent and authority the
requested action could not lawfully be accomplished. Pursuant to said authority. I hereby permit City
officials to enter upon the property for purposes of inspection and, if necessary, to enter upon such
property to perform work required of the applicant if the applicant were to fail to perform the required
work. I also acknowledge that I have read this permit document with all its requirements and
conditions, and I agree to all of the terms and conditions so stated in this permit.
Applicant/Project Manager's Signature: ,_ - Date: -
Approvalfor issuance:
City Engineer Approval:��_t V 1 _ � a;--F—Date:
(Permit Issuance ate
3 of 3
Sheri Wamhoff - Re. HC parking at Shops at Rigden Page 1
From: Tom Reiff
To: Sheri Wamhoff
Date: 2/18103 4:28PM
Subject: Re: HC parking at Shops at Rigden
I agree, I would hate to have to tear up a new curb.
>>> Sheri Wamhoff 02/18/03 04:26PM >>>
Tom
That sounds workable They probably need to identify where the ramps are to be on the east side so that
the curb can be built to accommodate the ramp installation without having to remove and replace curb in
the future.
It would probably be best to let them know as soon as possible about this comment though so they can
incorporate this into the design. If they need to have wider stalls, they need to know this so that as they
design the curb location and the flowline they do it in the correct location. Because the drainage goes to
the curb line, versus a standard parking lot where the drainage may flow away from the curb, moving this
curb line has a big impact on the profile and the design of the street. Waiting to the next round of review
would probably not be the best idea.
Sheri
>>> Tom Reiff 02/18/03 04:18PM >>>
Sheri, just thought you would like to know.
I've talked to Randy regarding the H.C. parking on Illinois and we would like to install H.C. parking on both
the east and west side of the street. The stalls on the east side don't have to be striped as such until the
development on the east side occurs, however. the stall widths need to be accounted for and the curbs
have to be built with access ramps.
The current plans will have to be adjusted to reflect the new striping details for the stalls - 13 foot stalls
with a 5 foot ramp. Randy would like to see the stalls located adjacent to the striped -out area near the
curb extensions in order to be consistent throughout the City. The ramps can be accommodated in the
landscaped area as long as they connect to the sidewalk.
I will include these comments on the next submittal. Please let me know if something isn't clear or you
have questions.
Thanks, TR
Trtnsportation Services
Engineering Department
City of Fort Collins
February 18, 2003
Carter Farley, PE
Kimley-Horn and Associates, Inc.
1515 Arapahoe Street
Tower I, Suite 500
Denver, Co 80202
RE: Rigden Farm, 8th Filing — Variance Request to the Access Points off of Drake Road Being
Perpendicular to the Roadway.
Dear Carter,
This letter is in response to the two variance request received regarding the access points off of Drake
Road into the site.
The variance request(s) for these access points can not be evaluated until all the variance requests needed
for these access points as shown are provided. In addition to the request to Latimer County Urban Area
Street Standard (LCUASS) Section 9.4.2 and 9.4.5 provided (request#2) a variance request to Table 7-3
for the spacing of the access points is needed. The second request provided (request #2a) does not seem to
be needed as the items for which a variance are requested would be covered in the first request (request
#2).
In Accordance with Section 1.9.4 a variance request needs to identify the standard for which the variance
is requested, identify what is proposed and how this differs from the standard, provide ajustification as to
why in the Engineers judgment this variance is still safe although the standards are being reduced and/or
changed, and provide justification as why this will not be detrimental to the public health, safety and
welfare, will not increase maintenance costs and will not affect the design life of the improvement. If you
have any questions, please contact Sheri Wamhoff at 221-6750.
Sincerely,
Sheri Wamhoff, PE
cc: file
rigden8.ltr2
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
www.fcgov.com
n-Horn
andA
and Associates, Inc.
THE SHOPS AT RIGDEN FARMS
VARIANCE REQUEST #2 ■
Tower 1. Suite 500
1515 Arapahoe Street
Denver, Colorado
Identifying Issue 80202
The inability of WB-50 trucks to enter the King Soopers loading dock with existing
conditions on Drake Road.
Proposing Alternate Design
The one way entrance and exit to the King Soopers loading dock area will depart from
county standards. This truck access will consist of two one-way driveways, the right -in
only located approximately 200 feet east of Timberline Road and the right -out only
located approximately 150 feet west if Illinois Drive. There will be a center median in
Drake Road that will assure only right -turn movements leaving the loading dock area.
The Custer/Illinois intersection will be a full -movement intersection with stop sign
control on Illinois Drive.
Comparing to Standards
The one way accesses will be at a less than 90 degree angle to Drake Road. The proposed
layout will be at an approximate 45 degree entrance and 40 degree exit. This departure
will allow a WB-50 truck to drive directly into and out of the loading dock area with a
minimum of intrusion into other drive lanes.
Justification
The overall safety of the maneuver will be improved due to the more direct flow of truck
traffic out of and into the drive lanes. This will reduce the potential for accidents as
trucks overlap adjoining lanes in their movements. The variance will not be detrimental
to the public health, safety and welfare, will not reduce design life of the improvement
nor cause the City of Fort Collins additional maintenance costs. The proposed plan (as
varied) will advance the public purpose of the standard equally as well as the city
7standa7rlan.
Carter Farley, PE
Project Manager
TEL 303 228 2300
FAX 303 446 8678
CKimley-Horn
�� and Associates, Inc.
THE SHOPS AT RIGDEN FARMS
VARIANCE REQUEST #2a ■
Tower 1, Suite 500
1515 Arapahoe Street
Denver, Colorado
identifying Issue 80202
The inability of WB-50 trucks to enter the King Soopers loading dock with existing
conditions on Drake Road.
Proposing Alternate Design
The one way entrance and exit to the King Soopers loading dock area will depart from
county standards. This truck access will consist of two one-way driveways, the right -in
only located approximately 200 feet east of Timberline Road and the right -out only
located approximately 150 feet west if Illinois Drive. There will be a center median in
Drake Road that will assure only right -turn movements leaving the loading dock area.
The Custer/Illinois intersection will be a full -movement intersection with stop sign
control on Illinois Drive.
Comparing to Standards
The one way accesses will be at a less than the City standard for driveway widths. The
proposed layout will be an approximately 24 foot wide skewed entrance and exit. This
departure will allow a WB-50 truck to drive directly into and out of the loading dock area
with a minimum of intrusion into other drive lanes.
Justification
Because truck traffic will be the majority of the traffic, the drive widths have been
minimized to reduce the exposure of the loading dock area to the passing traffic on Drake
Road. The benefit of reduced visibility results in the narrowing of driveway widths and
departure from the City standard. The variance will not be detrimental to the public
health, safety and welfare, will not reduce design life of the improvement nor cause the
City of Fort Collins additional maintenance costs. The proposed plan (as varied) will
advance the public purpose of the standard equally as well as the city standard plan.
Carter Farley, PE
Project Manager
TEL 303 228 2300
FAX 303 446 8678
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Transportation Services
Engineering Department
City of Fort Collins
February 18, 2003
Carter Farley, PE
Kimley-Horn and Associates, Inc.
1515 Arapahoe Street
Tower 1, Suite 500
Denver, Co 80202
RE: Rigden Farm, 8th Filing — Variance Request to Reduce the Redirect Taper at the Proposed
Widening of Drake Road into the Existing Roadway.
Dear Carter,
This letter is in response to the variance request received regarding the taper to be used to tie in
the proposed widening into the existing pavement on Drake Road at the proposed left turn lane.
In accordance with the Manual on Uniform Traffic Control Devices and the Larimer County
Urban Area Street Standards (LCUASS) figure 8-3 the length of a redirect taper for a speed of 45
mph or greater is equal to the width of the offset multiplied by the speed. The applicant had been
asked to provide a 40:1 taper.
The variance to reduce this taper length is denied. Adequate justification for this variance has
not been provided.
If you have any questions, please contact Sheri Wamhoff at 221-6750
Sincerely,
Sheri Wamhoff, PE
cc: Cam McNair
Eric Bracke
Steve Olt
file
rigden8.ltr3
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
wwwfcgov.Com
E_�� Kirney-Horn
and Associates, Inc.
THE SHOPS AT RIGDEN FARMS FILING 8
VARIANCE REQUEST #3 ■
Tower 1, Suite 500
1515 Arapahoe Street
Denver, Colorado
Identifvinu Issue 80202
East of Illinois Ave on Drake Road a taper of 40:1 to existing pavement would result in a
roadway improvement substantially past the east edge of the property.
Proposing Alternate Desig
The extent of the; roadway/median improvements as shown on the latest plans reflects an
improvement 80 feet beyond the easterly edge of the newly dedicated ROW for Illinois
Ave. This represents an improvement which will be incorporated into the Drake Road
improvement plans as proposed by JR Engineering. For the interim condition we propose
that the existing taper on Drake be maintained beginning at the end of our proposed
roadway improvements.
Comparing to Standards
The above variance request will have an overall reduction to capital and maintenance
requirements due to the smaller roadway area. The new design directly reflects the
existing condition therefore no reduction in quality or safety should be experienced. The
improvements are an interim condition and therefore only in place as long as the
adjoining roadway is unimproved.
Justification
The variance will not be detrimental to the public health, safety and welfare, will not
reduce design life of the improvement nor cause the City of Fort Collins additional
maintenance costs. The proposed plan (as varied) will advance the public purpose of the
Z
equal�l as well as the city standard plan.
>"
Carter Farley, PE�
Project Manager
■
TEL 303 228 2300
FAX 303 446 8678
I
IOWA DRIVE
I I
I I
I
a RIGDEN FARMS 8th FILING
um VARIANCE REQUEST #3
m O o
KING SGOPERS #97
FORT COLLIIVS, COLORADO
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I� lGmley-Horn
l.- 1 and Associates, Inc.
,o� z,N-] N�
f03 116-86]8
RIGDEN FARM, LLC
1027 WEST HORSETOOTH ROAD, SUITE 200
FORT COLLINS, CO 80526
PHONE 970-225-9305
FAX 970-225-9709
MEMO
DATE: July 3, 2003
TO: John Koslosky
Kornfeld Koslosky, LLP
1165 S. Pennsylvania Street
Denver, CO 80210
Fax 303-777-1920
VIA: Regular Mail and Fax
Shari Wamhoff, Civil Engineer
Engineering Department
City Of Fort Collins
P. O. Box 580
Fort Collins, CO 80522-0580
Fax 970-221-6378
FROM: Fred L. Croci, President
Wolverine Management Group, Inc., Manager
11E: Storm Water Drainage Easement Rigden Farm — Tract N
Dear John and Shari:
This memo shall serve as notice that Rigden Farm, LLC has directed Randall
Provencio of JR Engineering to proceed with the work necessary to complete the
design for installation of storm sewer designs from its current terminus along the
south side of Drake Road near Parksidc West, westerly to the proposed Iowa Drive
and then south on Iowa Drive to the proposed Limon Drive west to proposed Illinois
Drive where such storm sewer line will be able to accept storm water from that
northern portion of Tract N, the proposed King Soopers development site.
Rigden Farm, LLC will create and dedicate the necessary casements within
the proposed streets described above to contain the proposed storm sewer line until
such time as future adjacent tracts of land within Rigden Farm are platted. Let me
know if there are any additional requirements to complete this matter.
Res ectfully
Fred L. Croci, President
Wolverine Management Group, Inc., Manager
Cc: Dave Pietenpol, President, Sierra Resources Corporation
Randall Provencio, JR Engineering
Sheri Wamhoff - Rigden Farms 8th filing Page 1
From: Sheri Wamhoff
To: "carter.farley@kimley-horn.com".GWIA60.FC1
Date: 7/10/03 9:52AM
Subject: Rigden Farms 8th filing
Carter
I just wanted to let you know that your variance request #7 has been approved.
Sheri Wamhoff
EXHIBIT `A'
DEVELOPMENT PROJECT CONTACT PERSONS
Project Name: Rigden Farm 8`h Filing — The Shops at Rigden Farm
Project A.K.A.:
Name, address and numbers
City Staff Contact Persons:
Development Engineer: Sheri Wamhoff
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6750 x7140
Construction Inspector: ju-4 ;AOOP - s'
281 N: College Avenue, Fort Collins, Co 80524
(970)221-6605
Cell (970)
Current Planner: Steve Olt
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6750
Water Utilities Engineer: Roger Buffington
700 Wood Street, Fort Collins, Co 80521
(970)221-6681
Erosion Control Inspector: Bob Zackley
700 Wood Street, Fort Collins, Co 80521
(970)224-6063
Natural Resources: Doug Moore
281 N. College Avenue, Fort Collins, Co 80524
(970)221-6143
Traffic Operations: Eric Bracke
625 Ninth Street, Fort Collins, Co 80524
(970) 224-6062
Street closures: Syl Mireles
625 Ninth Street, Fort Collins, Co 80524
(970)221-6815
Transportation Planning: Kathleen Reavis
215 N. Mason St., Fort Collins, Co 80524
(970)224-6140
4of4
WYATT &ASSOCIATES, P.C. _X�ARCHITECTS &PLANNERS
1865 s. pearl st., denver, colorado 80210 ph. (303) 698-1717 fax (303) 778-6004
August 14, 2003
Steve Olt, Planner
Fort Collins Planning Department
281 North College Avenue
Fort Collins, CO 80524
Re: #56-98R Rigden Farm, 8" Filing, Shops at Rigden Farm PDP (Type II, LUC)
Dear Steve,
We have made the necessary changes requested by the planning department and the
engineering department on the current site plans that I have enclosed for your review and
approval. The changes made are as follows:
1. Utility easements that came into contact with buildings and/or building envelopes
have been corrected. In particular, the storm sewer line and easement to the north of
the King Soopers has been modified to clear all building elements, site walls, and
building mechanical and electrical equipment. Also, the conflict with this storm
sewer easement and the proposed building envelope of the future building to the
north of retail B has been resolved. The east -west utility easement directly to the
south of the King Soopers has been shifted to avoid conflicts with the building
columns and the columns of the drive-thru pharmacy canopy.
2. The IstBank building (Lot 8) has been relocated directly east 4.2 feet to avoid the
encroaching electrical utility easement to the west of the building.
3. A note has been added to the architectural site plan, Sheet No. 2 of 11, stating that a
temporary concrete sidewalk shall be constructed along the southwest portion of
Illinois Drive at the time of building construction. Future tree grate locations have
been shown as light lines on the plan. After development and construction of future
pads A & B, street trees and tree grates will be added to match existing conditions
along the west side of Illinois Drive. It is necessary to suspend the installation of
street trees in this particular undeveloped area along Illinois because the future
building construction phase of pads A & B would require their removal for access to
the site.
4. The overhang of the decorative steel canopies on the west elevation of the King
Soopers has been adjusted as to not project into the nearby right-of-way.
It is to our understanding that upon the review and recognition of changes made above on
the architectural site plan enclosed, a conditional approval or acceptance of the project will
be granted and the project can be placed on the agenda for a Planning and Zoning hearing
scheduled for early next month. Please inform us of your progress of the review of the
enclosed plans so we can start to plan for the next stages of development of the project. We
are currently in the process of updating the Final Development Plan and Final Plat drawings
to reflect the changes stated above and corrected drawings will be submitted to the city upon
their completion.
Thank you for your time and consideration in evaluating the enclosed documents. We
anxiously await your comments and the chance to advance the project to the next level of
review and final compliance stages towards approval.
Cordially,
J nnifer Gr y
Wyatt & Associates, P.C.
Aug-20-03 20:48 Kornfeld Koslosky
03; _9%'_J4J� 1 J. 39 �E13aa �F ?77
P.02
JhMES COW""' F"5E 002
ejJamesCompany
2919 Valmont Road, Suite 204
Bouldo•. Colorado 60301
303•443-8866
303 "3-6777 Fax
Mr. Joe Koslosky
Kornfeld Kosiosky Properties
1165 S. Pennsylvania Street
Denver, Colorado 80210
Re. Letter of Intent
Right of Way Dedication — Drake Avenue
Sidebill Development and King Soopers at Rigden Farm
Fort Collins, Colorado
Dear Mr. Koslosky:
Webeitr lamescomparycolomdo.com
Pursuant to our previous discussions and review of your traffic and roadway plans
affecting both of our above noted projects, we understand that additional nght-ofway on
the north side of Drake Avenue in the vicinity of its intersection with Illinois Street is
required to accommodate your final design.
May this serve as our Letter of Intent to provide the additional right-of-wav necessary to
accommodate your final design and we will instruct our eneineers to reflect this
dedication on our plans that are in the process of being submitted to the City of Fort
Collins
We fnrthcr agree that any additional costs to our development resulting from this
dedication, i.cshort retaining wall in our detention pond, will be paid for by Komfeld
Koslosky Properties by way of a private agreement between our two companies.
Sincerely,
J ex Co any
,,(
Dan Wen7.inger
Cc: Steve Olt, City of Fort Collins
T h r e e D e c a d e s 0 f a u i l d i n g Q u a I i t y H o m e s
Sheri Wamhoff - Re: Rigden Farm King Soopers
Pagel
From: Sheri Wamhoff
To: Daniel.Madruga@kimley-horn.com, Glen Schlueter
Date: 10/7/03 5:OOPM
Subject: Re: Rigden Farm King Soopers
Daniel
Because the engineering standard is more restrictive it is the standard that rules. The minimum cover on
a pipe in the stormwater detail, is just that the minimum that they would allow. It still needs to meet all the
design standards.
We will end up with just as many problems with the concrete deck that you showed as we will will the
shallow pipe, due to the inflexability of both. That is why once it was reviewed, that was not the solution
that was to be allowed.
I will have to look at my written comments and may need to look at the redlines that you have in order to
tell you wha we were thinking in regards to the pipe you are talking about. I doubt we would go with a
concrete pad, it will be more likely that a pavement design would need to be done to specifically address
the concerns regarding the minimal cover.
I will look thru the written comments, but what section of pipe are you actually talking about?
I hope some of this helps.
Sheri Wamhoff
>>> <Daniel.Madruga@kimley-horn.com> 10/07/03 04:45PM >>>
Sheri,
I am working with Carter on the Rigden Farm plans and we are seeing some
conflicting information regarding pipe cover in Illinois. The Ft.
Collins standard type R inlet (Stormwater Construction Detail D-7a)
shows a minimum flowline to invert elevation as 2'-6". According to
your comments we need to have 3' of COVER by City standards, with an
allowable variance of 2'-6".
Can you shed some light on this apparent contradiction for us.
According to your comments the minimum flowline to invert elevation
allowable in a type R would be about 4'-7" by City code.
One particular area where this will have a serious impact is at the
intersection of Illinois and Custer. The existing inlet that we are
tying into only has 2'-6" of cover over the existing pipe. Our site is
higher than the existing inlet we are tying into. Thus, it will be
impossible for us to achieve 2.5' feet of cover even with elliptical
pipe. We believed that we could bridge the pipe with a concrete pad in
cases of sub -standard cover, based on conversations earlier in the
process. Now we are being asked to remove this concrete pad.
Hopefully, we can still do this because our options are fairly limited.
Please feel free to give me a call if you have any questions regarding
this e-mail.
Daniel Madruga, P.E.
Kimley-Horn and Assoc., Inc.
950 Seventeenth Street
Suite 1050
Denver, CO 80202
Sheri Wamhoff - Re: Rigden Farr King Soopers
Page 2
TEL: (303) 228-2316
CELL: (303) 521-1289
FAX: (303) 446-8678
«XSTM-PRO.pdf>> «XSTM-PRO 2.pdf>>
CC: carter.farley@kimley-horn.com
Sheri Wamhoff - Re: Rigden 8 Page 1
From: Eric Bracke
To: Sheri Wamhoff
Date: 12/2103 1:22PM
Subject: Re: Rigden 8
1 believe that the King Soopers will warrant the traffic signal at custer. I also believe that they are
responsible for the cost.
>>> Sheri Wamhoff 12/02/03 01:09PM >>>
Eric
I am putting together language for the development agreement for Rigden Farm 8th Filing The Shops at
Rigden Farm (king soopers) and wanted to know if you had anything that needed to be included for this
development.
I was thinking particularly in regards to the signal at Custer - is there to be any participation by this
development in the cost for that?
Let me know if you think anything needs to be included.
Thanks Sheri
Dec 18 03 12:15p Wyatt 8, Rssoc.
(3031778-6004 p.2
Dennis Wyatt
From: Dennis Wyatt [dwyatt@wyattarch.coml
Sent: Thursday, December 18, 2003 11:50 AM
To: Sheri Wamhoff
Subject: RE: Development agreement
Thanks Sheri: A fax cony is great for now.
Dennis
-----Original Message -----
From: Sheri Wamhoff [mailto:SWAMHOFF@fcgov.com)
Sent: Thursday, December 18, 2003 11:25 AM
To: dwyatt@wyattarcki.com
Cc: Roger Buffington
Subject: Development. agreement
Dennis
T still have not gotten any language from water wastewater, but will go
ahead and start the attorney review on the document and we can add that
language in later if necessary. I will send it to our attorney today
and would guess that. _ will have it back by Monday morning and can send
it to you then.
Would you like me to send it in the mail, have someone pick it up, or I
can fax it (it is 20 pages long). Please let me know how you would like
to receive it with the proper info and I will get it out.
Sher
1
Sheri Wamhoff - Itr-wamhoff edit-1.doc
Page 1
WYATT & ASSOCIATES
Architects and Planners, P.C.
1865 SOUTH PEARL STREET
DENVER, COLORADO 80210
January 8, 2004
Ms. Sheri Wamhoff, P.E.
City of Fort Collins Engineering Department
281 North College Ave.
Ft. Collins, CO 80524
Re: Rigden Farm Filing #8
Development Agreement
Dear Ms. Wamhoff:
We are in receipt of the draft Development Agreement per your letter of
December 22, 2003. We have reviewed the agreement with KKP, King
Soopers and Kimley-Horn & Associates and would like to offer the
following comments and clarifications for consideration by your
department.
General Conditions, Item I-C:
The language in this paragraph appears to be "boilerplate" for typical
residential type subdivisions and does not work for a comprehensive
commercial development like our project. Holding up building permits
until all of the public improvements puts severe strains on scheduling
and is really not necessary. The only people at risk are the developers
and they fully realize that if utilities and improvements are not completed
and approved they will not obtain a certificate of occupancy. We would
like this paragraph either entirely deleted or language to the affect that
allows us to pull a building permit at the same time as the Development
Construction Permit (DCP). Issues related to temporary fire protection
and access during construction is covered later in the agreement.
Item I-F:
This paragraph is generally acceptable except that we would like
clarification concerning utilities extended to individual lots. Specifically,
we are concerned about utilities to any of the "unknown" lots on the east
side of Illinois Street. We have a basic water main and sewer main stub
extending generally into the properties but certainly do not have any
individual service lines to any other unknown lots on this side of the
street.
1
..... _..-_............. .
...._.___...
Sheri VJamhoff Itr wamhoff edit-1 doc Page 2
Item I -I: (bottom of page 31
The reference to repayment per Exhibit B is unclear. In your draft you
state that. Exhibit B is not applicable. Please clarify.
Item I-J:
How long does it generally take the city to accept as -built drawings?
Timing is always important as we approach requests for certificate of
occupancy.
Item II-C-3:
If we have any questions about the form and method of posting the
required securities, are these to be directed to your office?
Item II-C:-6:
It is our intention to see if the adjacent landowner wants this work sub-
contracted to our contractor. However, if they chose to go another
direction and fail to meet any schedules can the city intercede to insure
that this work is complete?
Item II-C:-7:
Does the city have a form for warranty work as required in this
paragraph and if not do you have sample warranties from other projects
that have been accepted by the city? As a general question why such a
long warranty period and what is to be covered during this period?
Item II-C:-8:
This paragraph is unclear as to the definition of "limits of development'
for off -site storm sewer. We question why fencing is required, as most of
this work will take place in an open field. Can we not simply delete this
paragraph in its entirety and leave it to your engineering inspectors to
define any special "fencing" that may be required? If fencing is required
can it be the temporary orange plastic type easily movable from area to
area?
Item II-D-2:
We propose that the following additional language be added to this
paragraph. "Receipt of the sum calculated herein ($334, 635.55 plus
inflation percentage) shall represent payment in full of the City's
Transportation Impact Fees for this project."
Item II-D-7:
Our first question is who initiates this reimbursement agreement and
when? Do you have a form for said reimbursement? Since this work is
for the benefit of the adjacent Rigden Farm property (i.e.: Croci and
)
Sheri VVamhoff - ftr-wamhoff edit-1.doc
Page 3
Pietenpolj and since they are a part of this agreement wouldn't it be
easier to :incorporate said reimbursement agreement into the body of this
agreement rather that writing an entire new agreement since they will
also be signing this agreement?
Item II-D-9:
We have understood this responsibility from the beginning but the
wording in this paragraph gives the city a "blank check" for this work.
Can we not set some limits to this cost with the ability to modify the
costs based upon change orders or field conditions? In addition, is their
not a future reimbursement for a portion of this work that may come
from other intersecting corners of this intersection, i.e. Croci on the
southeast leg of the intersection? Similarly, if Croci is also a part of this
agreement can we describe the reimbursement required herein rather
than create another agreement as noted above?
Item II-R
We have never seen this type of requirement in development agreements
and find it very unusual, but we will comply.
Item II-H-1:
Does the city define foundation form material as "combustible material"
during the early foundation phase of the project? Per requirement of I-C,
above, we desire to start construction before all of the utility work is
complete, but note please that existing fire hydrants are in place along
the south side of Drake immediately adjacent to the construction area.
Item II-H-2:
We have awarded the construction contract to Mark Young Construction
and will have them get with Poudre Fire Authority as soon as possible to
submit the access and protection plan. Who from your department
should be in attendance at this meeting?
Item II-K-1:
Per previous comments, does the City have an actual form for said repair
and maintenance guarantees and when are they to be provided to the
City? What is the timing between letter of acceptance for improvements
and beginning of the warranty period? Must this all occur prior to a
Certificate of Occupancy?
The following additional information is provided per your request:
Names and Addresses:
KKP-Drake, LLC, a Colorado limited liability company
3
Forestry: Tim Buchanan
215 N. Mason St., Fort Collins, Co 80524
(970)221-6361
Light and Power: Monica Moore
700 Wood Street, Fort Collins, Co 80521
(970) 221-6700
Developer's Contact Persons:
Project Manager: John or Joe Koslosky, Kornfeld Kosloskey Properties
1165 S. Pennsylvania St., Denver, Co 80210
(303) 777-0386
Cell
Fax (303)777-1920
Jkos802l O a vahoo.com
Owner/Developer: John Koslosky, KKP — Drake, LLC
1165 S. Pennsylvania St., Denver, Co 80210
(303)777-0386
Cell
Fax (303) 777-1920
Jkos802I O a yahoo.com
Project Engineer: Sam Sours, P.E., Kimley — Horn and Associates
950 17" St., STE 1050, Denver, Co 80211
(303) 477-9083
Cell
Fax (303) 477-9085
General Contractor: Dennis Wolfe, Mark Young Construction Co.
4150 Jason St., Denver, Co 80211
(303) 710-9160
Cell
Fax (303) 477-9088
5 of 5
Sheri Wamhoff - Itr-wamhoff edit-1.doc
Page 4
In care of John Koslosky
Kornfeld Koslosky Properties
1165 S. Pennsylvania St.
Denver, Colorado 80210
Dillon Companies, Inc., A Kansas Corporation, d/b/a/
King Soopers, Inc.
65 Tejon Street
Denver, Colorado 80217
Attn: Mr. Bill Bates, Real Estate Department
First Bank of Northern Colorado, a Colorado Corporation
In care of: First Bank Holding Company
Attn: Mr. Stanford R. L. Lee, Officer
12345 W. Colfax Avenue
Lakewood, Colorado 80215
Rigden Farm LLC, a Colorado limited liability company
By: Sierra Resources Corporation, A Corporation
Manager of Rigden Farm, LLC
David Pietenpol, President
Wolverine Management Group, Inc., A _
Manager of Rigden Farm, LLC
Fred L. Croci, President
Wheeler Commercial
1027 West Horsetooth Road, Suite 200
Fort Collins, CO 80526
Corporation.
(p.s. I will fill in the blanks shortly as I am still gathering this
information)
Thanks for your prompt review of this material and don't hesitate to call
with any questions on this material so we can continue through the
process. As you know, we are very anxious to complete the entitlement
procedures and move into construction. If we are unable to complete
this material in a expeditious manner can you please inform me how our
contractor, may secure an early over -lot grading permit.
Cordially,
Wyatt & Associates, P.C.
21
Sheri VVamhoff - Itr-wamhoff edit-1.doc
Page 5
Dennis W. Wyatt, AIA
Cc: Jokin Koslosky
Bill Bates
Sam Sours
9
Sheri Wamhoff - RE: Rigden Farm Filing #8-Development Agreement Page 1
From:
Sheri Wamhoff
To:
Dennis Wyatt
Date:
1120/04 4:36PM
Subject:
RE: Rigden Farm Filing #8-Development Agreement
Dennis
Attached is my response to your questions about the development agreement. I have also attached the
formats for the letter of credit or bond for the public infrastructure security that will be submitted to
Engineering.
Please let me know if you have any questions.
I did receive the mylars - I have not had a chance to look at them to see if it a complete submittal, but
shall do so shortly.
I do know that the easement dedications were not included in what I received. I need to receive the
signed easement documents in acceptable format before I will route the mylars for signature.
Let me know if you have any questions.
Sheri
>>> "Dennis Wyatt' <dwVatt(a)wyattarch.com> 01/08/04 02:45PM >>>
Sheri: Please find attached our comments and clarifications for the
draft
Development Agreement. Please review and let me know your thoughts as
soon
as possible.
Thanks for your attention.
Dennis W. Wyatt
Architect
Wyatt & Associates, P.C.
1865 S. Pearl St.
Denver, CO 80210
(303)698-1717
CC: Bill Bates; Carter Farley, Joe Koslosky, John Koslosky; Sam Sours
From:
"Dennis Wyatt" <dwyatt@wyattarch.com>
To:
Cam McNair
CC:
Bill Bates; John Koslosky; Sam Sours
Date:
Wednesday, January 28, 2004 4:56 PM
Subject:
Rigden Farm, Filing 8
Please review the contents of the attached letter. Thanks much,
Dennis W. Wyatt
Architect
Wyatt & Associates, P.C.
1865 S. Pearl St.
Denver, CO 80210
(303) 698-1717
Sheri Wamhoff - McNair -city engineerl.doc Page 1
WYATT & ASSOCIATES, P.C. NIX ARCHITECTS & PLANNERS
1865 s. pearl st, denver, Colorado 80210 ph. (303) 698-1717 fax (303) 778-6004
January28, 2004
Mr. Cam McNair, P.E.
City Engineer
281 No. College Ave
Fort Collins, Colorado 80521
Re: Rigden Farm Filing 8 - The Shops at Rigden Farm
(King Soopers Center)
Dear Mr. McNair,
I represent Kornfeld Koslosky Properties and King Soopers as the project architect for
the above noted project.
We are in receipt of the draft Development Agreement for this project from Sheri
Wamhoff's office and have been trying to finalize the requirements and clarify several of
the key points of the agreement. I think we are making good progress now and hope to
complete the agreement in the next few days and get it back to Sheri's office. We are in
the process of circulating the mylars for signature and will submit the Development
Construction Application tomorrow. We also have bid the construction of the project
and have awarded the contract and are now waiting for the permit process to be
completed.
We continue to have an issue with General Conditions Section I-C related to issuance
of a building permit only upon completion and acceptance of public improvements. We
are aware of the provision for a footings and foundation permit and will take advantage
of this provisions per the Development Agreement in order to expedite the start of
construction, however the completion of the footing and foundations can easily occur
before public improvements are completed. The problem arises when we are seeking a
full building permit and the other public improvements consisting of electrical, curb,
gutter, roadways to base course and etc. must be completed and accepted prior to
issuance of the full building permit. Due to the time of year of this construction will
take place, it is likely that much of the sitework improvements could easily be delayed
as a result of weather, moisture, freezing and etc. and if this happens the project could
sit "dead" until conditions are acceptable for proper installation of these improvements.
During this time there is no reason why the building construction cannot take place (we
build buildings during all kinds of weather). Note especially that this site is highly
accessible from three existing improvement public streets, i.e. Timberline, Drake and
Custer and any issue related to emergency access is a non -issue. In addition, there is
absolutely no reason why public improvement work and building construction work
cannot take place at the same time on this site. If held to this requirement, our
construction costs and schedule could easily be jeopardized because of these delays.
There is also no way that the developers of this project are attempting to circumvent the
construction of public improvements. The city has the power to deny a certificate of
occupancy if these improvements are not completed and the developers are not going to
spend this kind of money to be denied a certificate of occupancy because the site
improvements are not completed.
Sheri Wamhoff indicates that this requirement is in the land use code and can only be
approved through a waiver by the planning commission. We simply request a
Sheri Wamhoff - McNair -city engineerl doc Page 2
reasonable approach to this subject as a result of the site locations and existing
conditions and to allow for a full construction permit after the foundation permit and be
held to acceptance of the public improvements prior to the certificate of occupancy.
Your prompt response to this issue will be greatly appreciated as we are trying to move
this project into construction very soon! Please feel free to call either myself or Mr.
John Koslosky the developer.
Cordially,
Wyatt & Associates, P.C.
Dennis W. Wyatt, AIA
Cc: John Koslosky-KKP
Bill Bates — King Soopers
Sam Sours — Kimley Horn Engineers
Sheri Wamhoff - Re: Fwd Rigden Farm, Filing 8 Page 1
From: Sheri Wamhoff
To: Cam McNair
Date: 1/29/04 3:48PM
Subject: Re: Fwd: Rigden Farm, Filing 8
Cam
Just for your information. They did submit mylars. I have them, but have not routed them for signature as
I have not received the easement documents for the off -site easements that they need to provide. I did let
them know this on 1/20/04 that I received the mylarsbut did not receive the easement dedications and
that I needed them in acceptable format before I would route the mylars. I have not even ever seen a
draft of the easement that they need from Side Hill.
In the anticipation of these easements I will go ahead and route the plans to stormwater and water waste
water so they will not be delayed if changes are needed or if they do get the easements in to us. I will
assume that Engineering will not sign them until we get acceptable easements.
Just wanted to let you know that - as they are probably not quite as close as they want to think that they
are.
I will talk to them, but I will also need a copy of the plans for Lance to review the DCP submittal when that
comes in. I do not have a full blueline set as it was coming in in pieces lately.
Sheri
>>> Cam McNair 01/29/04 03:34PM >>>
FYI - my response will follow shortly.
Transportation Services
Engineering Department
City of Fort Collins
February 24, 2004
Wyatt & Associates
1865 South Pearl Street
Denver, Co 80210
Re: Rigden Farm Filing #8 - Development Agreement
Dear Mr. Wyatt:
I am faxing you an updated draft of the development agreement. I hope that all your concerns have been addressed with
this version. There are a few remaining items that are needed. I need the numbers for the credit that Rigden has for
paragraph 11D.2. from Matt. Baker, I hope to have those soon. I also need from you the missing information on pages 14 and
15 for the contact information. This information will also be used to complete the signature information on pages 16 and 17.
Below I have addressed the changes that were made to the development agreement and how they relate to your prior
questions.
Item I.C.:
In regards to being able to pull a building permit prior to the completion of Illinois Street please see exhibit A, item #4 for
additional language that was added.
Item I.F.:
The following was added to the end of the paragraph to further clarify this: `as shown on the Final Development Plan
Documents or as needed with each Phase.'
Item II.C.8.:
This paragraph has been modified to indicate that the limits of development are per the Final Development Plan Documents
or Exhibit'Eof which you provided me. I will attach this exhibit to the agreements before they are sent to you for signature.
Item II.D.2.:
This paragraph has been reworded to indicate that the credits that are due to Rigden for the dedication of additional row are
to be used toward the local street frontage costs that are due for the frontage along this property and that this satisfies this
obligation. I will put in the missing dollar amounts when I receive them.
Item II.D.10.:
This paragraph was added. Per a prior email message you sent me I believe you thought that this paragraph was to be
deleted. In my discussions with Eric Bracke this paragraph is to remain a part of this development agreement. Eric has
stated that he will work with the developer on the timing of the installation of the lights and that it will not hold up the issuance
of the building permit. As the paragraph is written only the scheduling of the installation of the signal lights needs to be done
prior to the issuance of the building permit. The signal lights will need to be installed prior to issuance of a certificate of
occupancy for the store.
Please provide me with themissing information indicated above when you can, and let me know if you have any additional
questions or if the above is not clear.
Sincerely _r,(V
Sheri L Wamhoff, P.E.
cc: file
281 North College N. enue • P.O.Box 580 • ForICollins, CO80522-0580 • (970)221-6605 • FAX (970)221-6378
www.fcgov.com
MAR
February 28 2004
John Fischbach, City Manager
City of Fort Collins
300 LaPorte Avenue
Fort Collins, Colorado 80521
ADVOCI I Ic
INCORPORATED
DEVEL MENT Re: King Soopers Shopping Center at Rigden Farm
CONST CTION
_, —L-11� Dear John:
I appreciate your quick action to the 2/6/04 voice mail I left you. Ron Phillips called me
the following Monday, 2/9/04, and I met with Cam McNair and Dave Stringer for
approximately two hours on 2/23/04. It is gratifying that our City staff has the level of
concern that was demonstrated in the response I received.
Part of the response was because I directly criticized Sheri Wamhoff and indirectly
criticized the entire staff. For that. I apologize. Please keep in mind that my call was not
rehearsed. I don't recall exactly what I said and had I thought my comments through I
would have stated my concerns in a less damaging way. But at the time I was feeling
frustrated and desperate for reasons I shall discuss. I also acknowledge that my
information was limited since I was not directly involved in the project. As Ron Phillips
pointed out, there are two sides to the story.
But why has the process for the King Soopers project been so difficult? It fits the
objectives of the Rigden Farm Master Plan. It sets a standard as the first project to come
through City Plan with the concept of a cohesively designed village within the city. In a
time when there is a great deal of competition in the business of grocery stores it seems
like the type of project we should nurture through the review process. Without the King
Soopers shopping center, Rigden Farm is not much more than another housing project
where you have to get
in your car to buy your groceries. Yet the process for the
develoli El s, Kol rlfeld Kos;usky, has taker. 2 1 /2 yea. s.
I first contacted Joe Koslosky to inquire about the progress on their project on 5/14/02.
At that time he anticipated starting construction in October, 2002. 1 have called him once
a year since then and he has understandably expressed his frustration to the process.
The most recent conversation was the day I made the impassioned call to you because
Joe informed me that King Soopers may put the project on hold due to looming labor
problems. We cannot dismiss the potential delay as unrelated: the project is perceived by
the end user as a problem project because of the lengthy review process.
215 JEFFERSON
FORT COLLINS, CO
These delays directly effect the small business people in our city and they effect the
aosz»2di2
quality of life of our residents. Joe Koslosky informed me of a husband and wife who
have moved to Rigden Farm (so they can walk to work) with the intention of leasing
space to open a small coffee shop in the shopping center. This would be a nice addition
Ph 970.493.1104
Fax 970.493.3033
to the neighborhood: a place for neighbors to meet.
The delays effect me as a local developer trying to compete with the large nationals that
have huge advertising budgets. Having the construction activity on Timberline would be
very helpful to show potential buyers the convenience of taking the bike path that runs
through my project past the new Pioneer school to the new shopping center.
This is why my voice mail message was impassioned. I was echoing Joe's frustration and
I was hoping that quick action could avoid a pull-out by King Soopers. I don't know what
the outcome shall be.
In defense of Sheri: I have publicly stated on numerous occasions that I feel my
development is a better project because of City involvement, and in particular, Sheri
Wamhoff. Her requirements and decisions were equally difficult for me and I too was
frustrated. The process between all of the departments was painfully slow, and
consequently it was expensive, but for the most part, the staff input improved my project.
I fully appreciate that a review process is not going to be a slam-dunk the first time
through but sometimes obtaining approval seems like a moving target.
From Cam and Dave's comments, I would agree that Sheri was correct to disallow some
things proposed by the developer's engineer. Perhaps their engineer dug in their heels
when it didn't make sense. I don't know because I was not directly involved. On the other
side, there were delays caused by City demands that were unreasonable. Obviously there
are two sides to the story and it is unfortunate - for whatever reason - that the process
wasn't more cooperative.
Certainly meeting City standards is necessary, and as Cam pointed out, the City is a
nicer place to live because standards are enforced to minimize City expense caused by
the replacement of poorly designed or poorly built improvements. But have our standards
become so complex and rigid that implementation of the standards has become the
'end" rather then serve as a means to facilitate a creative solution? I believe we have lost
our flexibility. And some of the soaces we consider s_oeciai and unique in Fort Collins
could not be built today.
I was encouraged by Cam and Dave's comments regarding the change in the process
and a change in attitudes. Cam said the role of the City staff is changing from that of
obstructionist to that of problem solver. And that's exactly what we need to allow creative
energy from our City staff. They explained that the process is changing: to have a more
meaningful conceptual review process, to have the first submittal earlier in the design
process, to treat commercial projects differently, and to allow the developer/design
engineer to attend review meetings. These are wonderful changes! And Cam pointed out
that In-&tu is a successful example of these changes: they are already under
construction.
From the In -Situ example, I am encouraged that delays and impasses like those
experienced on the King Soopers project shall only happen when submittals are truly
No Text
problematic rather than serve as a model for every review. The key to implementation of
the changes lies with the staff and how they are directed. It's like the Jimmy Buffet song,
"Changes in latitude, changes in attitude,.." only in this case we're not talking about
going to warmer climates but rather having more flexibility in evaluating problems and
then creatively solving the problems.
Thank you for providing the opportunity for this dialog to take place. Cam and Dave
assured me that they would verity what items remained for the King Soopers approval
and maker sure that communication was open. I have been invited by Ron, Cam, and
Dave to call at any time I have a concern. Consequently John, you can rest easy that it's
not likely you'll get an earful from me.
Very truly yours,
Carl J. Glaser, President
ADVOCATE INCORPORATED
cc Cam McNair
Ron Phillips
Dave Stringer
June 22, 2004
City of Fort Collins
Attn_ Sheri Wamhoff, Engineering Development
281 N. College Avenue
Fort Collins, CO 802S 1
RE: Rigden Farm Deeds of Dedication # I I and #12
Dear Sheri
I'm enclosing the following executed deeds of dedication for City acceptance:
I Deed of Dedication for Right -of -Way (Rigden Farm It 1 - Right -of -Way).
2. Deed of Dedication for Easement (Rigden Farm # 12- Drainage Easement).
In addition, I've also enclosed a check in the amount of Sixty -Seven Dollars ($67.00) for
recording the documems with the Larimer Count}Clerk and Recorder's Office.
Depending upon a final decision from ParksSide Commons on changing their plat, you
may want to postpone reCOI dims the Deed of Dedication for Right -of -Way (Rigden Farm
lil 1 Right-of-Wav) Regardless of their decision Rigden does not desire to incur
additional experses tirr the Dr 4c Roa R LFa-,) 1l D,rdj,
Sincerely,
T) 1
Ron Mlills
Acquisition Consultant
Phone. 970-226-1893
CeIL 970-218-0748
Fax 970 226-1893
E-Mail net
Ram
Enclosures
WYATT & ASSOCIATES, P.C. ` A ARCHITECTS & PLANNERS
1865 s. pearl st., denver. colorado 80210 ph. (303) 698-1717 fax (303) 778-6004
August 2, 2004
Ms. Sheri Wamhoff, P.E.
City of Fort Collins Engineering Department
281 N. College Ave.
Fort Collins, Colorado 80521
Re: The Shops at Rigden Farm (King Soopers)
Dear Sheri,
At long last I have the executed outstanding easements as requested by the City
Of Fort Collins for the roadway work on Drake and for the off site drainage work east of
the site. 'these casements have been revised per the latest requirements of the City of
Fort Collins.
With the submittal of these easements I believe we have completed all other
requirements and would like to have you send us the development agreements for
signature so that we can now record the plat and be ready to begin site construction in
late November or early December 2004.
I realize it has been some time since we last visited this project and I am
enclosing also your last e-mail sent out concerning the development agreement
wording. We find these acceptable. Let me know if you need anything further and also
let me know what the process and timing is concerning the completion of these
documents and the recording of the plat so that we can revive our building and site
permitting process.
I understand that you were out last week and hope that it was time taken for a
good vacation and that you had fun! 'thanks for your prompt review of this material
and I look forward to hearing from you in the near future.
Cordially,
yatt & Aasocilates, P.C.
Den . Wyatt, AIA
encl,
Dennis Wvatt
From: Sheri Wamhoff [SWAMHOFF@fcgov.com]
Sent: Thursday, March 04, 2004 1:40 PM
To: dwyatt@wyattarch.com
Cc: Cam McNair, Dave Stringer, Eric Bracket Matt Baker, bill. bates@kingsoopers com,
jkoslosky@kkpllp.com, jkos80210@yahoo.com
Subject: The Shops at Rigden Farm -Filing 8
Dennis
I have modified the development agreement as follows:
Paragraph II.D.2 has been changed to, per Matt Bakers calculation of
the numbers:
2. This property had a reimbursement requirement of $334,635.55 for
the cost to construct Timberline Road and Drake Road adjacent to the
Property, but Riqden Farm LLC has credit due to it in the amount of $
334, 63S.;i from the "'-,y `or the additional dedication of right-of-way
for Drake Road and/or 'timberline Road and has agreed to have said credit
applied to this reimbursement requirement. '.he Developer has satisfied
the repayment require[raent for this Property and Rigden harm LLC has no
remaining credit.
Paragraph II.D.9 has been changed to:
9. The Leveloper shall be responsible for all costs for the signal
improvements, including signing and striping for the intersection of
Timberline Road arid (:,ster Drive. All signal improvements, signing and
striping work shall be done by the City and upon completion of the work
the City stia ',l bill the deve_oper for the actual costs of labor,
material and overhead for the work performed. Said signal costs shall
not exceed $=3L,OHO.
A new paragraph has been added to section II.D that reads as follows:
10. The City agrees to exert its best efforts to facilitate the
execution of a reimbursement agreement between the Developer and the
owners of other parcels that may benefit from. the signal installation at
Custer Drive and Timberline Road. The City will work with the Developer
tr, determine ar, equitable distribution cf the costs to the developable
parcels that will benefit from the installation of the signal and shall
attempt Lc collect said funds from the owners of such parcels at such
time that they would obtain a building Fermi.' from the City. It shall
be the Develpere re-r,on.ibility to defend -ne equitable distribution of
costs.
Please let me know if these changes are okay and if you are ready to
have me send yoi.. the firm development agreement documents for
signature. Also please let me know if the developer(s) will be needed
more than one origina- signed copy back. And if so how many, so 1 can
make sure to provide you with the correct number of documents for
signature.
T am still waiting on the easement documents that are needed in order
to approve the documerts for this project. I have met with Ron Mills
regarding the storm sewer easement/ row that is needed for the off -site
s orm sewer inst,i�ation and expect to receive those docuements soon. I
have riotheard anythir_q reqarding who is working on the other two
ea3ements that are needed or what the status of them are.
I am also waiting on the return of the storm sewer mylar documents from
JR Engineering.
1
Please let me know if you have any questions.
Than Y.. Sheri
Transportation Services
Engineering Department
City of Fort Collins
August 11, 2004
Dennis Wyatt, AIA
Wyatt & Associates, P.C.
1865 S. Pearl Street
Denver. CO 80210
RE: Rigden Farm 8ch Filing — The Shops at Rigden Farm
Dear Dennis,
I received the signed easement documents that you sent me for the 2 off -site easements
that were still needed for The Shops at Rigden Farm project and as we discussed on the
phone I am returning the originals of both of these documents to you.
The easement for the 'Temporary Construction Grading Easement Agreement' will work as
an easement for the grading work needed for the drainage swale, but as the City is not a
party to this agreement we do not need to formally accept the easement and will not file it
at the County. I am returning it to you so you can file it with the County to make sure it
stays on record.
I am also returning the original 'Temporary Construction Easement' document that was
provided for the off -site grading to be done on the north side of Drake Road. The format of
this document is riot acceptable for this easement. Per discussions with the Developer, the
Developer will pay for the portion of work they are responsible for on Drake Road, but the
City will do the work as a part of a larger project that is planed this fall or next spring to
improve Drake Road from Timberline Road to Rigden Parkway. The easement is
dedicated to KKP-DRAKE, LLC and does not allow for the City to utilize this easement for
the work that needs to be completed and due to all the conditions and requirements in the
easement we will not accept assignment of this easement. Therefore we need to receive a
construction easement dedicated to the City which will allow for the City to utilize that area
as needed for the: road construction. I have included an easement dedication document
that I prepared that is acceptable to the City and can be used for this dedication. Please
return this document signed, including the attorney certification along with the legal
description and sketch to me with a check made out to 'Larimer County Clerk and
Recorder' for $21.00 for the filing fees for this document. I will need to receive this
document before the signing of the utility plan mylars can be completed.
In addition per your request eight (8) copies of the final development agreement for your
signatures are enclosed. Please have all eight copies signed and return them all to me. I
will provide you with fully signed copies once the City has signed the documents.
'RI let;erwenue • P.O. Box580 • FortColhns,CO80522-0580 • (970)221-e605 - FAX(970)221-6378
www.fcgov.com
In your letter dated August 2, 2004 you also indicated that you were anticipating wanting to
start work in late November of early December. I don't think that should be a problem I just
want to outline what will need to be completed in order for you to obtain a Development
Construction Permit (DCP) (a permit to start the grading and utility work). The following will
need to be completed:
• The signed easement document from Sidehill received along with the filing fee.
• The development agreement signed and returned to the City.
• The utility plans signed by the City (final signatures will not occur until the above
easement is received) and signed and stamped blueline copies and a mylar copy of
these received back.
• The signed final site and landscape plans and plat turned into the City. Since it has
been a while since the plat was reviewed and there maybe some changes to the
plat it maybe a good idea to submit the plat into the City for a final review prior to
obtaining all the signatures.
• A DCP application submitted in, including the $300 application fee, project
quantities and cost estimate sheet filled out, 8 '/z x 11 copy of the site plan and a
copy of the anticipated construction schedule.
• A DCP meeting is held (this will be scheduled for one of our Wednesday afternoon
meeting times a minimum of a week after the application is received).
• The Engineering inspection fees have been paid.
• The Security for the Public Infrastructure Improvements has been provided.
• The Erosion Control deposit has been made with Stormwater.
• The DCP permit issued. (This will be issued once the above items have occurred.)
Please let me know if you have any questions regarding the information that is needed or
the process. I can be reached at (970) 221-6605.
Sincerely,
Sheri Wamhoff
Civil Engineer II, Interim Development Review Manager
Enclosures.
cc: file
Sep 15 04 04:14p Wyatt
(303)778-6004 p.2
Page 1 of 2
Dennis Wyatt
From: Dennis Wyatt [dwyatt@wyattarch.com]
Sent: Wednesday, September 15, 2004 3:57 PM
To: Sheri Wamhoff
Cc: Joe Koslosky, John Koslosky, Bill Bates, Sam Sours
Subject: Rigden Farm 8th Filing -The Shops at Rigden Farm
Importance: High
Update Status Report:
Sheri, We just received a call from King Soopers (Kroeger) that this project has been reviewed again by
corporate and as a result of the extended labor strike talks and etc. that they need to advance their site
construction start date from late November discussed earlier to no later than mid October! If they don't meet that
date this project could be delayed for serveral years! That being the case I want to review the "bullet" items listed
in your letter of August 11, 2004 and give you a status report on the wrap up items to get us under construction
with the site development activities
1. Sidehill temporary const easement: This is complete and is to be express delivered from this office today
and you should receive it along with the filing fees tomorrow
2. Development Agreement: We are in the process of getting signatures on this agreement and will forward it to
you early next week_
3 Utility Plans Once you receive the easement noted above you indicated that the city can sign these plans.
Help me out with logistics please. Do you want fresh copies (stamped) of these plans now, or do you we provide
you with the mylars now and should the mylars be stamped?
4. Final Site and Landscape Plan and Final Plat: Signed myl_ers of all of these documents were previously
provided to your office and to Steve Oft on February 17, 2004. No changes have been required so these should
be good to go to recording.
5. The Development Construction Permit Application together with the check ($300, #9054) were previously
submitted on February 10, 2004. The schedule that was attached to this application needs to be updated due to
the delays and I will prepare this in the next couple of days and get it to your office.
6 We would like to schedule the DCP meeting for 9/22104 (probably not possible) or for 9/29104 in order to keep
us on a schedule that will allow for an mid -October start.
7 Per the DCP cost breakdown the Engineer Inspection Fees are $21-,451.60. Who do we make this check out
to and when do you want the check?
8. Erosion Control Deposit: This security depost is $28,795 per the Development Agreement. Please confirm
and we will work with S'tormwater Dept. to get this depost made.
9. The DCP permit will be issued when all above are complete.
Please clarify a couple of other items for me.
a. Dev. Agreement, Article 14 Storm drainage basin fees. This states that the fees are per Exhibit "B", but
this exhibit says "Not Applicable'. I understood these fees are in the Foothills Basin and are at $54,810. How are
we to proceed with this hem?
b_ Dev_ Agreement, Article II-A-1 Water lines This indicates that we owe the city $14,080.32 plus inflation.
What is the final number if paid by October 1, 2004 and who do we make out the check to?
9/15/2004
Sep 15 04 04:14p Wyatt (303)778-6004 p•3
Page 2 of 2
c. Dev. Agreement, Article II-J-1: DCP security for public improvements is scheduled at $609,193.50. What
form do you have for this security and is this correct amount or is is a percentage of this amount? We need to get
this done as quickly as possible and need confirmation.
d. Dev. Agreement, Article II-K-1: By signing this agreement it appears that Exhibit C becomes a part and
thus is the guaranteed for maintenance. Is this correct or is there additional forms you need?
Sheri, I realize this is a pretty good list but all looks like it can come together quickly if we work hard on it. Please
note that I will be happy to meet with you in your office at your earliest convenience to go over these or any
additional items so that we can meet the schedule so please just call or e-mail a note and I will respond. (A
contract has been awarded to Mark Young Construction for this project and they can also be available for further
discussions)
As always, thanks for your continued cooperation.
Dennis W. Wyatt
Wyatt & Associates, P.C.
1865 S. Pearl St.
Denver, CO 80210
(303)698-1717
9/15/2004
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VTBAW
OF TECH CENTER BELLEV161V AT I-25 P.O. BOX 4547 GREENWOOD VILLAGE, COLORADO 80155 303-694-1000 FAX: 303-740-5342
November 22, 2004
City of Fort Collins
Engineering Department
281 N. College Ave.
Fort Collins, Colorado 80524
Dear Sirs:
We hereby establish, at the request and for the account of KKP-Drake. LLC, in your favor as
beneficiary, our Irrevocable Letter of Credit No. 827-9667, in the amount of Five Hundred Sixty -
Two Thousand and 00/100 Dollars ($562.000.00) (as more fully described below), effective
immediately and expiring at the close of banking business on November 22, 2005, at our office at
5105 DTC Parkway, Greenwood Village, CO 8o111.
This Letter of Credit is intended for the funding required for the
Rieden Farms Development Project (`Development Project") for the assurance ofthe completion of
the construction and the maintenance and repair of the public infrastructure in connection with the
aforesaid development project and its associated development agreement and development
construction permit. Funds under this Letter of Credit are available to you for one or more drawings
prior to the close of business on November 22, 2005, against sight drafts in an aggregate cumulative
amount not to exceed $562,000.00, dated the date of presentment, drawn on our office referred to
above, referring thereon to the number of this Letter of Credit and accompanied by your written
certificate signed by you and acknowledged as therein provided in the form of Exhibit 1 hereto.
Presentation of such draft and certificate shall be made at our office referred to above.
Upon the earlier of (i) our honoring your draft(s) totaling $562,000.00 in the aggregate presented on
or before this Letter of Credit expires pursuant to the terms herein or (ii) the surrender to us by you
of this Letter of Credit for cancellation, this Letter of Credit shall automatically terminate.
It is understood that the amount of this Letter of Credit may be reduced as public improvements are
constructed and accepted by the City. As components of the infrastructure are satisfactorily
completed in accordance with approved utility plans, the value of the completed components may be
established from the Development Construction Permit worksheet for determining costs of
infastructure construction and inspection fees, whereupon the amount of this letter of credit may be
reduced by the value of the completed component(s), upon execution of a "Request for Amend