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RIVER DISTRICT BLOCK ONE MIXED-USE (ENCOMPASS) - PDP - PDP120020 - CORRESPONDENCE - PHOTOMETRIC PLAN
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Plumbing November 15, 2012 City of Fort Collins 281 North College Ave Fort Collins, CO 80522 Attention: Ted Shepard Project: River District Block One Mixed Use Subject: Site Lighting Dear Mr. Shepard: The current site photometric drawings are in accordance with the City of Fort Collins lighting standards. The current City standards specify a minimum lighting level for parking and building surrounds to be 1FC minimum. To achieve the IFC minimum, the average illumination over the parking areas will usually be in the 2-3FC range. Parking lot poles are specified to be 15' tall with full cut-off architectural fixtures with 100W or 150W metal halide lamping. Building mounted fixtures are wall mount versions of the parking fixtures with 70W or IOOW MH lamping. The Illuminating Engineering Society recommends lighting levels to be 0.517C minimum for enhanced security in parking areas with a maximum to minimum illuminance ratio of 15:1. We would suggest that the City utilize the IES recommended levels if they want reduced light levels at the Block One site. A lighting control system is provided to automatically control all site fixtures. The lighting controls will be programmed to turn exterior fixtures on at dusk. Parking lot fixtures will be programmed to turn off at 10:00pm. The remaining exterior building mounted and site fixtures will be programmed to turn off at dawn. Should you be in agreement with the above approach for the site lighting, please let us know and we'll get started on a revised site photometric plan. Respectfully, Lawrence Smith._ P.E. Principal 37127 Cullison Ridge Rd, Windsor, Colorado 80550 Phone: 970.686.1004 E-Mail: larrys@srbllc.net The Illuminating Engineering Society recommends lighting levels to be 0.5FC minimum for enhanced security in parking areas with a maximum to minimum illuminance ratio of 15:1. We would suggest that the City utilize the IES recommended levels if they want reduced light levels at the Block One site. A lighting control system is provided to automatically control all site fixtures. The lighting controls will be programmed to turn exterior fixtures on at dusk. Parking lot fixtures will be programmed to turn off at 10:00pm. The remaining exterior building mounted and site fixtures will be programmed to turn off at dawn. Department: Engineering Development Review Contact: Marc Virata, 970-221-6567, mvirata@fcgov.com Topic: General Department: Engineering Development Review Contact: Marc Virata, 970-221-6567, mvirata@fcQov.com Topic: General BHA - Comment Number: 1 Comment Originated: 08/08/2012 10/02/2012: Carried over as unresolved. 08/08/2012: Prior to scheduling a public hearing for the project, a letter of intent is needed from the appropriate City department for the offsite drainage easement that is needed to the north of the site. Additionally, a letter of intent appears to be needed from Ranch -Way Inc. for the offsite grading and water line work shown on their property. BHA - Comment Number: 3 Comment Originated: 08/08/2012 10/02/2012: Carried over as unresolved at this time, subject to final determination in City upper management. 08/08/2012: The various encroachments into right-of-way were elevated to the PDT (Planning Development and Transportation) Director Karen Cumbo, for discussion and her input. After evaluation of the plans submitted, including the updated building elevation set indicating the property line, it is the position of PDT that the amount and impact of the proposed encroachments onto Linden Street right-of-way factored with the site being a new construction without existing constraints, are more than what PDT would be able to rationalize as being permissible through an encroachment permit. PDT is unable to support the proposed encroachments as being permissible through an encroachment permit. Res -Comment Number: 11 Comment Originated: 08/08/2012 10/02/2012: The response indicating that subsurface building elements are to be within the property lines is acknowledged. City staff may look to have this monumented in the development agreement. Acknowledged. Please let us know if this will be a requirement. 08/08/2012: Will the building have subsurface items in the right-of-way such as exterior footings and/or perimeter drains that are not evident with the PDP submittal but would be part of the building plan submittal? Footings, perimeter drains, and other subsurface items should be placed outside of public right-of-way. Fort Collins I� October 09, 2012 RE: River District Block One Mixed Use - Encompass, PDP120020, Round Number 2 Community Development and Neighborhood services 281 North College Avenue PO Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax lcgov. com/developmentreview Please see the following summary of comments from City staff and outside reviewing agencies for your submittal of the above referenced project. If you have questions about any comments, you may contact the individual commenter or direct your questions through the Project Planner, Ted Shepard, at 970-221-6343 or tshepard@fcgov.com. Comment Summary: Department: Current Planning Contact: Ted Shepard, 970-221-6343, tshepard@fcgov.com RBB / SRB Topic: General Comment Number: 8 Comment Originated: 08/15/2012 08/15/2012: Carried Over: Thank you for considering dimming the light fixtures but the time frame described as two hours after normal business hours is vague. For example, a bar/restaurant is allowed to stay open to 2:00 a.m. meanng the lights can stay fully illuminated to 4:00 a.m. This is intrusive for the residential tenants. It appears that a conflict between the bar/restaurant and the residential tenants is being built in without consideration of the impacts. Issues related to exhaust fans, vents, outdoor condensing units, restaurant loading, deck lighting, etc., while probably best addressed at Final, do not seem to be taken into account. (Note, we have received complaints from downtown residents regarding outdoor patio noise from bars and restaurants.) As proposed, the response to this comment remains unresloved. For the parking lot, has any consideration been given to dimming the lighting levels after a certain hour? For example, could lighting be reduced by one-half after 10:00 p.m.? Again, consideration for both the river habitat and the residents should be factor in reducing unnecessary lighting after a specified time. The current site photometric drawings are in accordance with the City of Fort Collins lighting standards. The current City standards specify a minimum lighting level for parking and building surrounds to be 1 FC minimum. To achieve the 1 FC minimum, the average illumination over the parking areas will usually be in the 2-3FC range. Parking lot poles are specified to be 15' tall with full cut-off architectural fixtures with 100W or 150W metal halide lamping. Building mounted fixtures are wall mount versions of the parking fixtures with 70W or 1OOW MH lamping. Mr. Ted Shepard February 27, 2013 Page 3 Please advise if the above would be acceptable or if we need to talk through this in more detail with you and/or Paul Eckman. Thank you. Sincerely, LILEY, ROGERS & MARTELL, LLC By: Lucia A. Liley LAL/jpk Pc: Paul Eckman Mr. Ted Shepard February 27, 2013 Page 2 In addition, the consultants explain that it not necessary that the parking lot lighting be completely shut off in order to protect residents from light intrusion. The lighting design already minimizes the potential for unnecessary light spilling into their private residences. The project will utilize 15' tall lighting poles and building mounted fixtures with full cut-off architectural fixtures; these fixtures are approximately 30' below the finished floor level of the lowest residential level of the building, and all light from the fixtures will be directed downward away from the residences. Additionally, the design of the lighting ensures that there will be no light spillage within the landscape river buffer of the Poudre River. While it may be possible to change the parking lot lighting shut off time through a minor amendment, there is no guarantee that this would be characterized as a minor amendment later, or that such a request would be approved, so we do not see this as a reliable solution and, in any event, the liability issues would remain for residents of the apartments. Finally, our client and consultants have redone the lighting calculations and changed the proposed exterior lighting from metal halide light sources to LED, a newer technology that can be very easily programmed through the lighting control system to dim to a reduced level. A copy of the revised photometric plan is enclosed for your review. Therefore, we would like to propose an alternative condition (and one that you actually suggested the applicant consider earlier in the process; see attached copy of your Round Number 2 comment to the PDP submittal) that the lighting plan be changed to require the lighting levels from the pole -mounted LED light sources be reduced by one-half at 10:00 pm, instead of requiring full shut off at 10:00 pm. We understand that this proposal is consistent with the Green Code that requires the reduction of light levels by at least 50% two hours after normal business closing. The property owner would also commit, through a condition on the project that would be included in the development agreement, to including notices in all lease agreements for residential units within the project that describe the potential impacts of an urban project (lighting, railroad, noise, restaurant uses, etc.). We wanted to get this revised photometric plan and proposal to you so that you could factor it into your staff report, which we understand will also need to include a recommendation that the decision maker find that the alternative lighting plan meets the review criteria contained in Land Use Code Section 3.2.4(E)(2). LILEY, ROGERS & MARTELL, LLC ATTORNEYS AT LAW February 27, 2013 Mr. Ted Shepard Chief Planner Via Hand Delivery City of Fort Collins 281 N. College Avenue Fort Collins, CO 80521 Re: Encompass, River District Block One, PDP, #PDP120020 Site Lighting Ted: The project's architect, Jason Kersley, and Larry Smith of SRB Consulting Engineers, the project's lighting consultant, have advised us that they met with you to discuss site lighting and that during that meeting you indicated a desire to see lower exterior lighting levels and invited SRB to propose a common sense alternative to the City's minimum lighting levels in Land Use Code Section 3.2.4(C). On November 15, 2012, SRB proposed alternative lighting levels per the Illuminating Engineering Society recommendations, which they believe are appropriate for the site given its proximity to the Poudre River, and reduce the waste of energy and costs, but still meet the functional needs for safe circulation and for the protection of people and property. The proposed alternative also included a statement that all parking lot pole lighting would be shut off at 10:00 pm. The consultants' decision to offer this concession was based on the following: (i) their belief that you would not recommend approval of the parking lot pole lights being left on any later than 10:00 pm; (ii) the fact that dimming the lighting levels from metal halide light sources would be difficult; and (iii) your statement that if the 10:00 pm shut-off time proved to be problematic for the restaurant, a change to the lighting plan could be approved through a minor amendment. In discussing this with our client, we have learned that the current lighting plan with the 10:00 pm shut-off time for parking lot lighting is problematic for a number of reasons. First, since the parking lot is intended to be utilized by restaurant patrons (resident parking will be primarily in the lighted underground parking), the prospect of having to either navigate a dark parking lot at night or park farther away at night may deter potential patrons and jeopardize the success of the restaurant. Second, shutting off the parking lot lighting could pose safety issues and increase the risk of injury to restaurant patrons and residents resulting in liability issues for the property owner and potentially, for the City, if adequate lighting was not allowed to be installed. LUCIA A. LILEY • JAMES A. MARTELL • TODD W. ROGERS ■ JOSHUA C. LILEY THE PETER ANDERSON HOUSE • 300 SOUTH HOWES STREET ■ FORT COLLINS, COLORADO 80521 TELEPHONE: (970) 221-4455 0 FAX: (970) 221-4242