HomeMy WebLinkAboutCAPSTONE COTTAGES - PDP - PDP140004 - CORRESPONDENCE - TRANSPORTATION ISSUECc: Ted Shepard; Emma Belmont
Subject: Re: Capstone Transfort Route 14
Thanks for including that Ted, but they will not build the shelter. We have to use our standard shelters. I have gotten in
trouble for letting the few projects that have build their own... Sorry, we make money from the advertising revenue.
Emma
Sent from my iPhone
On Jun 3, 2014, at 9:55 AM, "Pete Wray" <PWRAY@fcsov.com> wrote:
Ted, I appreciate the feedback on transit stop requirement. Emma has included a comment along these
lines that went out Friday.
Thanks,
Pete Wray, Senior City Planner
Planning Services I City of Fort Collins
PwrayAfcgov.com
970.221.6754
From: Ted Shepard
Sent: Tuesday, June 03, 2014 9:47 AM
To: Pete Wray
Subject: Capstone Transfort Route 14
Pete, Capstone is on Transfort Route 14. One of our comments must be that they have to build a bus
shelter, at a location that has been approved by Transfort, for westbound Lincoln.
This requirement is per Section 3.6.5. As such, it is a requirement of the Land Use Code. Despite any
protest by Transfort, Paul Eckman has determined that it would be illegal to improperly delegate this
public improvement to a private company which may or may not build the improvement to our level of
standard. It is not up to Next Media (or whoever purchased them) to fulfill this obligation. This was
Paul's ruling during the review of Aspen Heights (eastbound Conifer).
If the bus shelter is not in the public right-of-way, then it must be placed in an easement.
The bus shelter must be on a concrete pad and connected to the project via a concrete walkway.
The D.A. must stipulate that the developer maintain the shelter (snow removal, trash removal, light
bulbs, etc.)
I have maintenance language if you need.
Thanks, Ted
Pete Wray
From:
Ted Shepard
Sent:
Tuesday, June 03, 2014 12:38 PM
To:
Emma Belmont
Cc:
Pete Wray; Paul Eckman; Cameron Gloss
Subject:
RE: Capstone Transfort Route 14
Emma, thanks for your response.
With regard to add revenue, I have no comment
With regard to who builds the shelter, I'm afraid I disagree. We went through this discussion with Aspen Heights. The
requirement for a shelter is found in Section 3.6.5. It is based on impact. The developer is required to mitigate their
impact. The City cannot delegate the necessary improvement to mitigate the impact to a private company on the hope
that they choose to build a shelter. This is what Paul Eckman calls an improper delegation of authority.
From what I understand, the private company (Next Media?) has three choices:
1. Not build anything
2. Build a bench
3. Build a shelter.
These three choices are at their private -sector discretion based on what they predict for ad revenue. If the private
company chooses options two and three, then we risk non-compliance with Section 3.6.5. The Land Use Code indicates
that we not take this risk.
Instead, we have a Land Use Code requirement that removes the private company discretion so that we are assured that
the improvement is constructed to our satisfaction.
With regard to constructing our standard shelter, we can require that the developer provide our standard. This would
be the same as requiring a developer to construct any other improvement to our level of standard whether it be a
street, water line or stormwater detention pond. Getting Capstone to build the standard shelter is not the issue. The
issue is whether or not we require Capstone to build the shelter (and pad and walkway) and maintaining it.
This is how we handled Aspen Heights based on Section 3.6.5 and confirmed with our conversations with Paul
Eckman. I'm not sure Capstone Cottages is any different.
Here's a question: can Transfort require the private company to put a shelter in front of the Capstone project? If the
answer is "yes," then this changes our comment back to Capstone. If it's discretionary, then we have to rely on the
developer.
Please let me know if I'm missing anything. I suggest that we all meet with the C.A.0 if we cannot agree on a common
procedure.
Thanks, Ted
From: Emma Belmont
Sent: Tuesday, June 03, 2014 10:16 AM
To: Pete Wray