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HomeMy WebLinkAboutFOX POINTE PLAZA - PDP - 16-06 - REPORTS - PLANNING OBJECTIVES%'12,'2006 1:06:11 it L.R File No.: 90097132, Amend. No. 3 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE B — Section 2 Exceptions (Continued) 15. Terms, conditions. provisions, agreements and obligations contained in the Resolution No. PZ90-15 of the Planning and Zoning Board of the City of Fort Collins Vacating a Temporary Construction Easement on Lot 17, Observatory Heights recorded November 7, 1990 at Reception No. 90051285. 16. The following items as shown on ALTA/ACSM Land Title Survey, prepared by JR Engineering, Job No. 39484.01, to -wit: a. All General Notes, including, but not limited to: Underground utilities do not appear to lie within a recorded easement, as referenced on survey as Area of Concern #1. ' 0&12.4006 1:06:11 lr 1.R File Na.: 50097132...amend. No. 3 Form No. 1344-B2 (CO-88) ALTA Plain Language Commitment SCHEDULE B — Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: I . Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights; interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not showm by public records. 4. Discrepancies,. conflicts in boundary lines; .Shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. All rights to any and all minerals, ore and metals of any kind and character, and all coal. asphaltum oil, ,as. and other like substances in or under the land, the rights of ingress and egress for the purpose of mining, together with enough of the.. surface of the same as may be necessary for the proper and convenient working of such minerals and substances, as reserved in Patent from the State of Colorado, recorded January 9, 1919 in Book 378 at Page 546. S. Right of way for Latimer County Canal No. 2 as disclosed. in Patent recorded January 9„ 1919 in Book 378 at Page 546 and as disclosed in Agreement recorded April 16, 1985 at Reception No. 85017992. 9. An easement for sidewalk, utilities, street widening and incidental purposes granted to the City of Fort Collins, Colorado by the instrument recorded August 22, 1983 in Book 2231 at Page 1795. 1.0. Special assessments imposed by Heart Special Improvement District No. 84 recorded November 15. 1984 in Book 2298 at. Page 972. 11. Terms, conditions, provisions, agreements and obligations contained in the Agreement recorded November 15, 1984 in Book 2298 at Page 978. 12. Easements as shown on Heart Special. Improvement District recorded March 13, 1986 at Reception No. 96612669. 13. Special Assessments imposed by Ordinance No. 15, 1986 in Special District No. 77, recorded May 16, 1986 at Reception No. 86025373. 14. Special assessments imposed by Boardwalk Special Improvement District No. 77. recorded February 17, 1980 at Reception No. 89007162. 06 12,`2006 1:66:11 tr LR File No.: S0097132, Amend. No.3 Exhibit A Part of Lot.17, OBSERVATORY HEIGHTS, more particularly described as follows: .A portion of the Northwest one -quarter of Section 36, Township 7 North. Range 69 West of the 6 h P.M., City of Fort Collins, County of Latimer, State of Colorado, more particularly described as follows: Basis of Bearing: The West line of said Northwest one -quarter, is assumed to bear N00°29'36"W; with a distance of 2,644.34 feet between said monuments. Commencing at the West one -quarter corner of said Section 36: Thence N00°29'36"NV, on said West line. a distance of 437.99 feet; Thence N89'30'24"E a distance of 305.90 feet, to a point on the Easterly right of way of JFK Parkway, and a point of non -tangent curvature and the Point of Beginning; Thence on said Easterly right of way and along the are.of a curve to the right whose radius point bears S79'01'28"E, having a radius of 15.06 feet, a central angle of 103126'51" and an arc length of 27.08 feet to a point of tangency and a point on the Southerly right of way of Boardwalk Drive; Thence S65°34'35"E. on said Southerly right of way, a distance of 351.90 feet; thence S 24°25'23"W a distance of 32.60 feet to a point of non -curvature; thence along the arc of a curve to the left whose radius point bears S24048'42'W, having a radius of 119.92 feet'a central angle of 42' 11'40" and an arc. length of 8831 feet to a point of non -tangency; Thence. S72'40'387W, a distance of 198.49 feet, to a point of non -tangent curvature; Thence along the arc of a curve to the left whose radius point bears S 13938'03"E, having a radius of 57.06 feet, a central angle of 62143' 15" and an arc length of 62.47 feet, a point of non -tangency; Thence S13117'14"W, a distance.of 19.44 feet, to a point of non -tangent curvature: Thence along the, arc of a curve to the right whose radius point.bears N71 `51'48"lV, having a radius of 23.07 feet, a central angle of 73°34'22" and an arc length of 29.62 feet, to a point of non -tangency; thence S89' l I'32"W, a distance of 21.39 feet, to a point of non:tangent curvature and the Easterly right of way, of JFK Parkway; Thence Northerly on said Easterly right of way the foilowing,two (2) courses: 1) thence along the arc o f a curve to the right whose radius point bears N82°58' 16", having a radius of 560.00 feet a central angle of 18900' 16" and an arc length of 17-5.97 feet.to a point of tangency; 2) thence N10158'32"E a distance of 1.19.04 feet to the Point of Beginning, County of Larimer, State of Colorado. d. Development on this property is subject to the applicable General Development Standards set forth in Section 3.2.1 - Landscaping, Section 3.2.2 - Access, Circulation and Parking, Section 3.3.5 - Engineering Design Standards, Section 3.5.1 - Building and Project Compatibility of the LUC, and Section 3.5.3 - Mixed -Use, Institutional and Commercial Buildings. * Of specific note are the requirements set forth in Section 3.2.2(H) - Drive-in Facilities. One part of this section requires that a walk-up service option, as well as a drive-in, be provided in Drive-in Facilities e. This development request will be subject to the Development Review Fee Schedule that is available in the Current Planning Department office. The fees are due at the time of submittal of the required documents for the appropriate development review process (Project Development Plan and Final Compliance) by City staff and affected outside reviewing agencies. f. The City's Current Planning Department will accept the development requests and will coordinate the development review process. The required submittal packages will be submitted to this department and distributed accordingly to other City departments and outside reviewing agencies involved in development review. Please contact Steve Olt, at 221-6341, if you have questions about these comments. 8 b. This development will be responsible for the cost of any revisions or modifications to the existing electric service to the site. C. There is existing 3-phase power available to this site. d. The developer must coordinate a transformer location with Light & Power. e. The developer must fill out a C-1 Commercial Form to help determine the power needs for this new development. Please contact Alan, at 224-6167, if you have questions about these comments. 8. Current Planning offers the following comments regarding this proposed development: a. This property is in the E - Employment Zoning District. The proposed uses (retail and drive-in restaurant), as presented at conceptual review, are permitted in the E - District only in a convenience shopping center, which is a Planning & Zoning Board, Type 2, review in this district. b. A convenience shopping center is a Secondary Use in the E - District and can it can occupy no more than 25% of the total gross area of the development plan. This is set forth in Section 4.22(D)(2) of the Land Use Code (LUC). This proposed development can be evaluated as part of the overall U.S. Post Office site development plan and be looked at in the context of the surrounding area and mixed uses. C. This development proposal is subject to the requirements as set forth in the City's LUC, specifically Article 2. Administration (Development Review Procedures), Article 3. General Development Standards, and Division 4.22 - Employment Zoning District. Copies of these Articles are available in the Current Planning Department or on the City of Fort Collins website @ www.fcgov.com. Go to Departments, then the Current Planning Department, to find the City's LUC. �1 Please contact Glen, at 224-6065, if you have questions about these comments. 5. Doug Moore of the Natural Resources Department indicated that the trash enclosure must be designed and constructed to accommodate recycling. 6. Kurt Ravenschlag of the Transportation Planning Department offered the following comments: a. A Transportation Impact Study (TIS), addressing all modes of transportation, will be required with your Project Development Plan (PDP) submittal. Please contact Eric Bracke of the Traffic Operations Department, at 224-6062, and Kurt Ravenschlag of the Transportation Planning Department, at 416-2040, to determine what information will be needed in the TIS pertaining to Level of Service (LOS) for vehicle, pedestrian, bicycle, and transit modes of transportation. b. Section 3.2.2(C)(5)(a) of the LUC sets forth the requirement for directness and continuity of pedestrian walkways within the site. C. Good, unimpeded pedestrian movement to and through the site is essential. d. Maybe it will be necessary to eliminate one of the drive-in windows for the coffee shop. e. Bicycle facilities must be provided in the development, per Section 3.2.2(C)(4) of the LUC. Please contact Kurt, at 416-2040, if you have questions about these comments. 7. Alan Rutz of the Light & Power Department offered the following comments: a. The normal electric development charges will apply it they are not already paid. 1.1 4. Glen Schlueter of the Stormwater Utility offered the following comments: a. The site is located in the McClelland/Mail Creek Drainage Basin, where the new development fee is $3,717 per acre, which is subject to the runoff coefficient reduction. The fee is to be paid at the time of issuance of building permits. This fee may change since City Council is considering a revision to the new development fee, making it the same City-wide. The new fee is proposed to be $3,070/acre and, if approved, it would be in effect January 1, 2006. b. The standard drainage and erosion control report and construction plans are required and they must be prepared by a professional engineer registered in the State of Colorado. C. This site is part of the Heart Special Improvement District, where on -site detention is required with a 0.87 cfs/acre release rate. Water quality extended detention is required to treat the runoff. The detention for the Post Office is along their eastern and southern boundaries and it was sized before the present rainfall requirements. It does not have a water quality component designed into it so a separate on - site detention pond is probably the best choice. The design engineer for the developer has the option to retrofit the Post Office detention pond but it may not have enough volume potential to detain for this new development. d. There is an existing inlet along the driveway that would be the logical outlet for a detention pond. It presently drains through the Post Office system. Stormwater is not sure if the system has an easement all the way to the outlet. In fact, since this was a Federal Government project the existing detention pond and the outlet may not be in drainage easements, so easements may be needed for the whole system since this new development will need to drain through the Post Office system. e. The site is on Stormwater Inventory Map #80. The map can be obtained from the Utility Service Center at 700 Wood Street. 5 P. Please check with Ron Gonzales of the Poudre Fire Authority for their access and emergency service requirements. Ron can be reached at 416-2864. q. Engineering development review fees will most likely go into effect in January, 2006. Please contact Dan, at 221-6750 or 221-6605, if you have questions about these comments. 3. Roger Buffington of the Water/Wastewater Department offered uhe �llowirg comments: a. There is an existing 8" water main in JFK Parkway and an existing 8" water main in Boardwalk Drive. b. There is an existing 8" sanitary sewer main in JFK Parkway and an existing 8" sanitary sewer main in Boardwalk Drive. C. Please be aware that the depth of the sanitary sewer should be checked early as it could affect the site layout of this proposed development. The manhole in the intersection of JFK Parkway & Boardwalk Drive is approximately 16' deep and the manhole in JFK Parkway near the southwest corner of this site is approximately 6.6' deep. d. Separate water and sanitary sewer services will be required for each building. e. The proposed drive-in restaurant is required to include a grease interceptor. If there are any other restaurants in the northerly building then grease interceptors would be required there, as well. f. Plant investment fees and water rights will apply to this development request. They will be collected at the time of issuance of building permits. g. The City's water conservation standards for landscaping and irrigation systems will apply to this development request. Please contact Roger, at 221-6854, if you have questions about these comments. 4 f. This development will be responsible for the repair and replacement of any damaged curb, gutter, and sidewalk around it. g. Any public improvements must be built according to the requirements set forth in the Larimer County Urban Area Street Standards (LCUASS). Please familiarize yourself with ' Appendix..E-4., the complete construction documentation checklist, in LCUASS as this development request will be subject to the requirements. h. A Development Agreement and a Development Construction Permit will be required for development on this property. i. Development on this property may be responsible for repays for JFK Parkway and/or Boardwalk Drive. Please contact Matt Baker, at 224-6108, regarding the possible repays. j. The parking lot design and dimensions must be to the standards set forth in Section 3.2.2(L) of the LUC. Some dimensions have recently changed with revisions to the LUC. 1 k. Any street cuts associated with this development will require street cut permits. The fees would be tripled if the street improvements to be affected are less than 5 years old. Drainage easements may be needed for storm drainage improvements and facilities. M. An off -site construction easement may be needed, possibly from the Post Office. If so, a letter of intent from them is necessary before the development request could be scheduled for a Planning & Zoning Board public hearing. n. Possibly the design and construction of this development should be coordinated with the Post Office. o. The drive aisles and main entrances to the buildings need walkways on both sides. The sidewalks need a clear, flat graded area. Please contact Kurt Ravenschlag, at 416-2040, if you have questions about this comment. 3 development plan. The amount of bicycle parking is set forth in Section 3.2.2(C)(4) of the LUC. d. The double -loaded parking lot requires only a 15' wide drive aisle when it is one-way. e. Trash enclosures must be designed and constructed to accommodate recycling. Please contact Peter, at 416-2355, if you have questions about these comments. 2. Dan DeLaughter of the Engineering Department offered the following comments: a. The standard utility plan submittal requirements will apply to this development request. b. Street oversizing fees will apply to this development request. The fees are based on vehicle trip generation for the proposed land uses in the development plan. Please contact Matt Baker of Engineering, at 224-6108, for detailed information on the fees. The fees will be collected at the time of issuance of building permits. C. The Larimer County Road Impact Fees will apply to development on this property. d. A Transportation Impact Study (TIS), addressing all modes of transportation, will be required with your Project Development Plan (PDP) submittal. Please contact Eric Bracke of the Traffic Operations Department, at 224-6062, and Kurt Ravenschlag of the Transportation Planning Department, at 416-2040, to determine what information will be needed in the TIS pertaining to Level of Service (LOS) for vehicle, pedestrian, bicycle, and transit modes of transportation. e. This property mdy. have to dedicate additional street right-of- way (ROW) for JFK Parkway and Boardwalk Drive. Also, the necessary width of easements (for utility, drainage, emergency access, etc.) behind the ROW must be dedicated by subdivision plat or separate document. 2 Ky a CONCEPTUAL REVIEW STAFF COMMENTS City of Fort Collins MEETING DATE: November 21, 2005 ITEM: Three Retail Uses and One Drive -In Restaurant (Coffee) on a Property Located at the Southeast Corner of JFK Parkway and Boardwalk Drive (a Portion of the U.S. Post Office Property) APPLICANT: ZTI Group c/o Ed Zdenek 2120 South College Avenue Fort Collins, CO. 80525 LAND USE DATA: Request for 3 retail uses and a drive-in (coffee) restaurant in 2 separate buildings on a property that is at the southeast corner of JFK Parkway and Boardwalk Drive. It is a portion of the U.S. Post Office property. There would be 4,400 square feet of retail in 3 separate spaces in the northerly building and a double lane drive-in coffee shop in the southerly building. COMMENTS: 1. Peter Barnes of the Zoning Department offered the following comments: a. Per Section 3.2.2(K)(5)(d) of the LUC, there must be at leasf handicap parking spaces in the total of 2:6 spaces shown on the conceptual plan, and 1 of the 2 spaces must be designed as a van -accessible space. b. There can be no more than 15 parking spaces in a row without a landscaped island, per Section 3.2.1(E)(5)(e) of the LUC. C. Bicycle parking, in the amount of 59/8"of the total number of vehicle parking spaces, must be provided in this COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES Al N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (970) 221-6750 CURRENT PLANNING DEPARTMENT Community Planning and Environmental Services Current Planning City of Fort Collins November 28, 2005 ZTI Group c/o Ed Zdenek 2120 South College Avenue Fort Collins, CO. 80525 Dear Ed, For your information, attached is a copy of the Staff s comments concerning the request for Three Retail Uses and One Drive -In Restaurant (Coffee) on a Property Located at the Southeast Corner of JFK Parkway and Boardwalk Drive (a Portion of the U.S. Post Office Property), which was presented before the Conceptual Review Team on November 21, 2005. This is a request for 3 retail uses and a drive-in (coffee) restaurant in 2 separate buildings on a property that is at the southeast corner of JFK Parkway and Boardwalk Drive. It is a portion of the U.S. Post Office property. There would be 4,400 square feet of retail in 3 separate spaces in the northerly building and a double lane drive-in coffee shop in the southerly building. The comments are offered informally by Staff to assist you in preparing the detailed components of the project application. Modifications and additions to these comments may be made at the time of formal review of this project. If you should have any questions regarding these comments or the next steps in the review process, please feel free to call me at 221-6341. Siricerely, Olt, Project Planner cc: Stormwater Utility Traffic Operations File 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 7. a. ok b. ok C. ok d. ok e. Will be provided prior to final submission of this project. 8. a. ok b. ok C. ok d. ok e. ok CONCEPTUAL REVIEW RESPONSES 1 2. 3. 4. 5 6 a. Two handicapped parking spaces have been provided b. There are no more than 15 parking spaces in a row. C. Bicycle spaces have been provided d. n/a e. Done. a. See Engineering submittal. b. ok c. ok d. See transportation impact study — May 2006 e. We are projecting increase ROW as requested by Eric Bracke. f. ok g. ok h. ok i. None required. j. ok k. ok I. We are providing drainage easements from the US Postal Service by separate document. M. see note L n. ok o. ok p. ok q. ok a. ok b. ok C. ok d. ok e. ok f. ok g. ok a. ok b. ok C. See Engineering submittal. d. ok e. ok ok a. ok b. ok C. See site plan d. Not necessary e. See site plan ADDITIONAL COMMENTS/INFORMATION F. No new street names are being requested. G. Legal Description — See attached sheet. H. The project is currently owned by the US Postal Service and a closing is scheduled for June 17, 2006 at which point Title will be transferred to Moomey Enterprises, LLC. Ownership US Postal Service Randy W. Alder 160 Inverness Drive West #400 Englewood, CO 80112 Moomey Enterprises, LLC Larry D. and Judith J. Moomey 303 Apache Drive Lexington, NE 68850 Architect ZTI Development Group 631 W. Mulberry Street Fort Collins, CO 80521 970-372-5011 866-534-9139fax Engineer JUB Engineers, Inc. 3538 JFK Parkway Suite #1 Fort Collins, CO 80525 970-377-3602 970-377-3935 fax J. We anticipate the building to start construction in the Fall of 2006 and be completed by the Summer of 2007. 13. No Hazardous material impacts are anticipated. 14. No known modification requests are anticipated. 15. n/a 16. All known off -site easements and off -site ROW necessary for the project can be negotiated in time for the Final compliance plan submittal. There are no known land use conflicts or disturbances to wetlands, natural habitats and features and/ or wildlife. No neighborhood meeting was requested. The project is located on an earlier designated out -parcel of the Main Post Office. c. Encouraging outdoor cafes and activity areas that contribute to the character and human scale of the sidewalk environment. Building design and details should support the human scale of the street incorporating such elements as windows and other openings, porches and recesses, awnings and patios. Principle T-9: Private automobiles will continue to be an important means of transportation. Principle CAD-2: Public spaces, such as plazas, civic buildings, outdoor spaces, parks, and gateway landscapes should be designed to be functional, accessible, attractive, safe and comfortable. Policy CAD-2.2 Public Space Design. Mixed -use commercial and civic design proposals should incorporate one or several design components related to public outdoor space including pedestrian circulation, transit facilities, plazas, pocket parks, sitting areas, children's play areas and public art. Principal CAD-3: Commercial developments create a powerful impression of the City, both individually and taken together as a whole. Commercial developments will be designed to contribute to Fort Collins' distinct visual quality and uniqueness. Policy CAD-4.2 Lighting and Landscaping. Security lighting should generally be at low, even levels to create comfortable area -wide visibility and not highly contrasting bright spots and shadows. Lighting should be selected to reduce glare and preserve "dark sky" views of night skies. Landscaping should be designed to avoid hidden areas, particularly where such areas may be used at night, such as near building approaches and entrances. Principal GM-8: The City will promote compatible infill and redevelopment in areas within the Growth Management Area boundary. Policy GM-8.1: Targeted Redevelopment/ Infill. Redevelopment and infill development will be encouraged in targeted locations. Policy GM-8.3 Intensification areas. The City will develop a framework for giving citizens notice that in utilizing its existing regulatory framework to foster positive changes in developed areas that lead to desired land uses in compliance with City Plan policies, vacant/ underutilized areas in existing neighborhoods may develop and the character of the area may change as a result of this new development. The project will be owned by Moomey Enterprises, LLC. Both the public and private open spaces will be maintained by them at their expense. We project the project to employ as many forty employees at the peak shift and as many as fifty total employees overall. The project is conceived as a mixed use urban project that will serve the adjacent employment center as well as pass -by traffic destined for the Foothills Mall and South Harmony Retail Centers. Plazas and intense landscape features have been designed to enhance the shopping, dining and office uses onsite as well as for the adjacent sites. STATEMENT OF PLANNING OBJECTIVES Fox Pointe Plaza is an infill site at the intersection of Boardwalk Drive and JFK Parkway. The site is located on a city bus route and will serve as a Convenience Shopping Center for the employment district that stretches from Harmony Road to Horsetooth Road, generally east of JFK Parkway. It will incorporate mixed uses consisting of Offices, Retail uses, Restaurants and a Drive-in Coffee shop. Open spaces will be in conjunction with the building plazas and incorporate urban design features including outdoor seating, dining areas, fountains, seat walls and lighting complimentary with the outdoor dining experience. The following are the principals and policies from City Plan that have been incorporated in to our project: Policy LU-1.1: Compact Urban Form Policy LU-2: The City will maintain and enhance its character and sense of place as defined by its neighborhoods, districts, corridors and edges. The City will adopt a city-wide structure of neighborhoods that is well - served by all modes of travel. The design review process will be used to promote new construction and redevelopment that contribute positively to the type of neighborhoods, districts, corridors and edges described herein while emphasizing the special identity of each area. Policy LU-3: The City Structure Plan will be used to provide a geographic depiction of how these City Plan Principles and Policies are applied throughout the City. Policy T-1.1: The City will implement land use patterns, parking policies, and demand management plans that support effective transit, an efficient roadway system, and alternative transportation modes. Policy T-1.2: Multi -Modal Streets. Street corridors will provide for safe, convenient, and efficient use of all modes of travel, including motor vehicles, transit, bicycles, and pedestrians. Policy T-1.6: Level of Service Standards. The City will prepare and adopt level of service standards for automobiles, bicycles, pedestrians and transit. Principle T-2: Mass transit will be an integral part of the City's overall transportation system. Policy T-5.1: Land use. The City will promote a mix of land uses and activities that will maximize the potential for pedestrian mobility throughout the community. Polity T-7.1: Pedestrian Facilities. The City will encourage the provision of pedestrian scale improvements that fit the context of the area. b. Incorporating special design features, public art, and site details that can enhance the pedestrian scale of streets and become an urban amenity. PROJECT DEVELOPMENT PLAN FOR FOX POINTE PLAZA SEC BOARDWALK DRIVE & JFK PARKWAY SUBMITTED: JUNE 14, 2006