HomeMy WebLinkAboutKING SOOPERS FUELING STATION (CEDARWOOD PLAZA) - FDP - 40-07/A - CORRESPONDENCE -Steve Olt
City of Fort Collins - Planning
1 /14/2009
with any change of ownership. Therefore, the easement is not truely a permanent
easement and would not meet the intent of the code with respect to parking lot
circulation. This cross access easement was also a big part of the Citys willingness to
compromise and approve the variance for the access - intersection seperation
standards. Please finalize the document and provide a copy of the recorded document
with reception numbers prior to final plan approval. No fees are due to the City for this
document. It appears that the legal exhibit maps A & B are omitted or were not
completed in the drafted version I received ?
Response: The cross access was never a condition of approval for the access points on
Elizabeth and Taft Hill. The original site had 4 access points, through the city review
process this was reduced to 2, the remaining access points were shown necessary for
the fuel tanker truck access, several truck access routes were reviewed with city staff
showing the necessity for the two accesses. Fuel tanker truck access through the
shopping center was discussed and vetoed by the property owner for public safety and
the inability for the truck to navigate through the parking lot.
Copies of the proposed cross access agreement was provided as a courtesy to prove
King Soopers was entering into a legal agreement with the adjoining landowner for joint
access.
4. Finally, King Soopers will need to enter into a development agreement with the City
for this project. I can begin drafting the development agreement if you complete and
return the attached "information for DA" sheet. The development agreement will need to
be signed and ready to record prior to issuance of any permits to construct. One major
aspect of the development agreement is the escrowing of funds to complete the
"ultimate" street improvements on Taft Hill Road and Elizabeth. Per our agreements
from previous meetings and the "interim development note" on sheet 4 of 6 of the Utility
Plan set, King Soopers will need to provide a cash payment to the City (due at issuance
of the building permit) for the demolition of interim sidewalks and construction of ultimate
improvements. Please provide me with an engineers cost estimate for that demolition
and ultimate construction so we can review it and provide a final cost amount in the
development agreement. We'll need the estimate to be submitted prior to final plan
approval but not finalized.
Response: The need for a development agreement was addressed and resolved with
the city attorney, no development agreement is needed along with a cash payment to
the city for future demolition for the unknown "ultimate construction" If you need
additional clarification, please contact the city attorney.
Sincerely,
Matthew Duhaime�
Senior Civil Project Engineer
mattduhaime@gallowayUS.com
cc: file 2.12.4 KS112-mfd-Final Response 2009-01-13.doc
Galloway & Company, Inc. • Phone 303.770.8884.5350 DTC Parkway, Greenwood Village, CO 80111 9 www.gallowayUS.com
G a 11 oll o w a y
Planning. Architecture. Engineering.
February 24, 2009
Steve Olt — Planning Department
City of Fort Collins
281 N. College Ave., 1st Floor
Ft. Collins, CO 80522
Re: King Soopers #9 Fuel Station
Dear Steve,
Attached are our comments from an e-mail received from the Randy Maizland my
response follows in italics.
Issue Contact: Andrew Carney (Randy Maizland)
1. Overall the Utility Plan set looks good except your construction notes on sheet 4 of 6
do not match the references on the plan. Please go through your construction notation
and revise it so that everything is called out correctly with the correct note reference.
The ones I noticed that are incorrect are at the intersection around the H.C. ramps. With
this minor revision I am Ok with going to mylars but you have to get cleared with Wes
Lamarque in Stormwater before plotting the mylars.
Response: Handicap Ramp reference note was revised on the Utility Site plan sheet
(see bubble note #36). Called Wes Lamarque on February 17, 2009, Wes had no
additional comments.
2. In your response letter to the review comments you have indicated that the signed
ROW and easement dedication deeds and legal exhibits have been sent to the City
Attorney for final review. The City Attorney has checked his log and nothing has been
received by that office yet? Before final plan approval we need to have the dedications
in order and ready to record. These dedications had "special" language in them that
your attorney and the City Attorney had agreed upon. Please submit those signed
deeds directly to the City Attorney so he can check that they match what was agreed
upon and he can send them over to me to process and record. Based on the number of
pages in the document, I will need to collect a small recording fee from you made to the
Larimer County Clerk. The fee is $6.00 for the first page and $5.00 each additional
page.
Response: The documents have been at the City Attorney's office for several months.
Attached is a copy of the recorded documents.
3. A drafted cross lot access and temporary construction easement document was
submitted. This will be a private party agreement between King Soopers and the land
owner/leasor? This document will need to be finalized, signed and recorded with the
Larimer County Clerk before the City can sign off on the plans. I know that you
mentioned something about a "confidential" type of agreement but unless it is recorded,
it is only a binding agreement between the current owners/signers and will not transfer
Galloway & Company, Inc. • Phone 303.770.8884. 5350 DTC Parkway, Greenwood Village, CO 80111 • www.gallowayUS.com