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HomeMy WebLinkAboutHARMONY SAFEWAY MARKETPLACE PUD - FINAL - 33-94B - CORRESPONDENCE - TRANSPORTATION ISSUEMr. Ron Phillips Ft. Collins Public Works March 11, 1997 Page 3 proper completion of the right-in/right-out access to Harmony Road. This course of action puts Safeway at risk in not being able to receive CO when their buildings are complete if they have not completed the access work. However, there appears to be no problem in receiving the amendment to the access line, other than one of timing. I will be out of town until March 20, 1997, so if you need to speak with someone about these concerns, please call either Katie Press or Dennis Wyatt. Thank you for your consideration. Sincerely, Kathleen L. Krager, P.E. Transportation Engineer Mr. Ron Phillips March 11, 1997 Ft. Collins Public Works Page 2 Grube informed Jim that there might be a copy of the A -line somewhere around CDOT, but he didn't know where it was at, and we would have to find it. ourselves from the deed. Over the next month, we continued to try to identify the access line using Safeway's real estate lawyer in California. This research was to no avail. In mid December, I contacted Tess Jones to inform her that we were unable to find any verification of an A -line on Harmony Road and asked for her instructions on what I should do. Tess Jones then transmitted a copy of the original A -line deed for this property to my office on December 30, 1996. On January 17, 1997, we submitted to Bob Grube our application for an amendment to the A -line which included a legal description and use of the proposed opening, a copy of the roadway improvement plan, references to the original deed (book and page), references to CDOT project number and station for the proposed opening, and a check for $300.00. On January 29, 1997 we received a fax from Bob Grube indicating that the only part of our submittal that CDOT accepted was $300.00. He further went on to explain that his office had decided to change the format for application of A -line amendments since the format was given to us in October. These changes required a new legal description and other format modifications. On Feb 19, 1997, our application was resubmitted to CDOT and accepted by Bob Grube on Feb 21. On March 4 Bob Grube indicated that he had submitted our application to Staff right-of-way for processing. As you can see, this has been a lengthy and frustrating process for us and we have tried to accommodate CDOT's requests. Phone calls to CDOT Staff have often gone unanswered and unreturned. When we have reached CDOT Staff to request information which would assist us in this submittal; it has not always been forthcoming. The change in application format midway through this project appeared both arbitrary and unnecessary. We are now further dismayed to be told that it could be another 3 months before CDOT staff will finalize this application. Considering that the sample application they gave us to follow was submitted and approved in less than one month's time, these delays come as a surprise to Safeway and the consultants. Had CDOT provided us with a copy of the access deed, and if they had followed the same procedure they used in the sample they provided us, the A -line amendment would have been approved by mid -November. Due to these unforeseen delays, Safeway is requesting to proceed with the Harmony Marketplace project. The certificates of occupancy for all buildings within the project could be conditioned upon receipt of the amended A -line and Krager and Associates, Inc. 1390 Stuart Street, Carriage House Denver, Colorado 80204-1243 (303) 446-2626 FAX (303) 446-0270 March 11, 1997 Mr. Ron Phillips Public Works Department 281 N. College Ft. Collins, CO 80522-0580 RE: Harmony Marketplace Dear Ron: Mlrp." As you are aware, Safeway has been attempting to receive approval from CDOT and FHWA to amend the existing A -line on Harmony Road in front of their site. While this has been a lengthy process to date, let me assure you that Safeway, and the numerous consultants who are working on this project, have been pursuing this approval in a timely manner. Unfortunately, responses and assistance from CDOT have not been as timely. Although we had numerous meetings with CDOT regarding the right-in/right-out access to Harmony Road, the existence of an A -line along Harmony Road was not discussed at these meetings. After receiving Planning Commission approval for the PDP, Katie Press, Dennis Wyatt and myself were assured by Eric Bracke that the next step in the process was the amendment of the access control plan for Harmony Road, and that he would proceed with this amendment immediately. On September 17, 1996, Tess Jones, CDOT, sent you a letter which discussed for the first time the need to change the A -line on Harmony Road. This letter was forwarded to my office by Kerrie Ashbeck dated October 1, 1996 and received October 4, 1996. The letter also included a sample of an A -line opening request with some additional directions from CDOT. Upon receiving this letter, we requested that Northern Engineering, who was preparing the PUD improvement plans for Harmony Rd., verify the width of the A -line opening and complete their roadway improvement plans at the proposed access point. After several weeks of work, Northern Engineering informed us that they were unable to verify the location of any A -line on Harmony Road. At that point, we reviewed the title information for the property and could find no indication of an A -line existing. After several failed attempts to verify the details of an A -line, Jim Winkler, of my office, called Bob Grube, CDOT Right -of -Way Engineer. Mr. J STATE OF COLORADO DEPARTMENT OF TRANSPORTATION OT 1420 2nd Street Greeley, Colorado 80631 August 30, 1996 (970)353-1232 Mr. Ron Phillips Director of Transportation Services City of Fort Collins P.O. Box 580 Fort Collins, Colorado 80522 Dear Ron: Since our meeting on August 1, CDOT has been trying to identify a way to justify the granting of a right -in right -out access point on Harmony Road that would serve the proposed new Safeway store. Our goal has been to identify a plan of action that would grant the access, while at the same time, mitigate any degradation of the corridor caused by the additional access. Yesterday I made a proposal to a representative of the developer that seems to achieve this goal, and today I received word that the proposal may be acceptable to the developer. Since CDOT and the City of Fort Collins have an agreement in place that controls new accesses in this corridor, it is necessary that the City concur in this proposal as well. The terms of the proposal, for the City's consideration, are as follows: A. CDOT will concur in a right -in right -out only access and, B. Developer will construct a westbound right turn lane into the Harmony Road Mobile Home Park. The details of the agreement remain to be worked out. CDOT will insist that the process to apply for an access and to buy an opening in the access line be followed closely. CDOT will not pursue this further without an indication from the City that it concurs. Thank you for your consideration. Very truly yours, �Dougla Rames Regio Transportation Director cc: Kathleen Krager W. Reisbeck T. Jones P. Demosthenes Amendment is complete, the P.U.D. is recorded, and the building permit is issued, the certificate of occupancy will be held until a State Highway Access Permit is issued for construction of the approved access and the access is completed in conformance with the Permit and the approved P.U.D. This is the typical condition for all development agreements which involve construction of approved State Highway access points. In summary, in my opinion, unless the P.U.D. is revised to eliminate the right-in/right-out as described above, Safeway must obtain an approved access to Harmony Road, including the A -line approval process through C.D.O.T. and the execution of a proper and formal Access Control Plan Amendment by and between both the City and C.D.O.T., before the P.U.D. can be recorded and a building permit can be issued. Based on Safeway's persistence in requesting recording of the P.U.D. and the issuance of a building permit, I wanted to explain the background on the situation and my position for your review. Feel free to forward this memo to Safeway for their use. Please contact me with any further questions at x7656. Thank you. cc: File Mike Herzig, Development Engineering Manager Gary Deide, TOPS Group Leader Ron Phillips, Director of Transportation Services John Fischbach, City Manager Steve Roy, City Attorney while Safeway continues to negotiate with C.D.O.T. for the access to Harmony Road. If Safeway elects to pursue that option, there is probably a way for the Planning and Zoning Board's approval to include a provision for construction of the right-in/right-out if and when C.D.O.T. approves of it and amends the Access Control Plan. That way, Safeway would not have to go back to the Planning and Zoning Board again to add the access point back onto the P.U.D. plan. Originally, it would have been best if the applicant would have proceeded to the Board without the right-in/right-out in conformance with the current Access Control Plan and then later amended the P.U.D. to add the right-in/right-out if it was eventually approved as a Harmony Road Access Control Plan Amendment. This was suggested to the applicant but they chose to proceed with the access as part of the P.U.D. The condition of Preliminary Approval for the P.U.D. (April 22, 1996) states: "At the time of submittal for a Final P.U.D., the applicant shall have obtained a State Highway Access Permit from the Colorado Department of Transportation in order to allow the access from Harmony Road. If a permit is not granted, then the access must be deleted and the site plan amended accordingly." What is needed is not an "Access Permit", but an Amendment to the Harmony Road Access Control Plan. The Planning Department allowed the applicant to submit for Final P.U.D. without the Amendment being in place. The project was granted Final Planning and Zoning Board approval with only the standard condition that -the development agreement and utility plans be finalized. No mention was made that the right-in/right-out still requires final C.D.O.T. approval, an A -line opening, and a formal Access Control Plan Amendment - all steps which take a significant amount of time. The project planner incorrectly stated in the Staff Report that the access had been granted. The attached letter from C.D.O.T. was construed by the project planner to be C.D.O.T. approval of the access even though it is clearly stated that there were additional negotiations necessary and a formal process to complete. The letter does not constitute and Access Control Plan Amendment. Therefore, it is my opinion - and I have repeatedly told the applicant - that the Access Control Plan is a legally binding agreement that must be adhered to and the City cannot and should not record any final P.U.D. or subdivision plans which do not conform to the approved Plan or a formal Amendment thereto. As a result, the applicant cannot receive a building permit since, for the reasons stated above, we cannot record the plat and P.U.D. at this time. Therefore, the question raised in the attached letter from the applicant requesting that a hold simply be placed on the certificate of occupancy in order to guarantee completion of the Access Control Plan Amendment is not an option in my opinion. Safeway may be confusing the Access Control Plan Amendment which is required to allow an access point to Harmony Road at that location, with the State Highway Access Permit which permits construction of an approved access once it is allowed. However, I have on several occasions explained the difference between these items to the applicant. What the applicant has been told is that once the Access Control Plan line opening is granted, C.D.O.T. must to take formal action to amend the Harmony Road Access Control Plan to allow a right-in/right-out at that location since the Safeway access is not part of the adopted Plan. Eric Bracke currently has an item scheduled for the March 18, 1997 City Council hearing to amend the Access Control Plan on the City's behalf. However, Safeway and C.D.O.T. are still negotiating on the A -line and the conditions of the subsequent C.D.O.T. amendment of the Harmony Road Access Control Plan. At this time, City Staff has received no formal notice.from C.D.O.T. that either item has been approved and finalized. Staff has repeatedly informed the applicant that formal notice from C.D.O.T. that both the A -line opening has been granted and that C.D.O.T. has completed their amendment to the Harmony Road Access Control Plan must be received by the City in order to record the P.U.D. In addition, the utility plans, development agreement, and City amendment to the Access Control Plan, which have been continuing through the process must be completed. Once all those items are complete, Staff has told the applicant that the City can record the P.U.D. documents and the applicant can obtain a building permit (subject to the typical requirements in the Code and Development Agreement for building permit issuance). Staff, however, has no control over C.D.O.T.'s requirements and process for amending the Access Control Plan. The applicant has been requesting that Staff record the P.U.D. upon completion of the utility plans and development agreement, but prior to formal C.D.O.T. approval of the Harmony Road right-in/right-out to the Safeway site. However, in my opinion, I believe it would be a violation of our legally binding Harmony Road Access Control Plan agreement with C.D.O.T. for the City to file, record, and release a building permit for a P.U.D. which does not conform to the current Access Control Plan or an approved amendment to that Plan. I recently told the applicant that even if the City Council agrees to amend the Access Control Plan, we are only one party in a two party agreement. In my opinion, the Access Control Plan is not "amended" until both parties complete whatever actions are necessary to formally amend the Plan. For the City it is the City Council Resolution, for C.D.O.T. I believe they have an advisory board that reviews and votes on such requests after C.D.O.T. has negotiated the terms. The other option City staff has given the applicant throughout the review of the project is to proceed through the P.U.D. process with a plan that does not show access off of Harmony Road and therefore conforms to the current Harmony Road Access Control Plan. Instead, the applicant has chosen to proceed through the P.U.D. process showing the right-in/right-out off of Harmony Road on the P.U.D. As recently as two weeks ago, I informed the applicant that they could still amend the Final P.U.D. or apply for an Administrative Change (whichever the Planning Department would require) to eliminate the right-in/right-out from the currently. approved P.U.D. However, in my opinion, such a request would require going back to the Planning and Zoning Board for approval since the neighborhood as well as Safeway wanted the right-in/right-out. If the Planning and Zoning Board approved the request to eliminate the right-in/right-out from the P.U.D., staff could record revised P.U.D. documents and utility plans and Safeway could proceed with obtaining a building permit. This would allow the project to proceed �s- Transpc `.ion Services Engineering Department City of Fort Collins MEMORANDUM Date: March 14, 1997 To: John Duval, City Attorney From: Kerrie Ashbeck, Civil Engineer II lv�l RE: SAFEWAY HARMONY MARKETPLACE P.U.D. - Located on the north side of Harmony Road between Wheaton Drive and McMurray Avenue This project was granted final Planning and Zoning Board approval on October 7, 1996. Since that time, the plans and development agreement have been in the City's process for final approvals and both items are nearing completion for final signatures. However, the approved P.U.D. includes a right-in/right-out access from Harmony Road between Wheaton Drive and McMurray Avenue. The applicant (Safeway) has been aware since at least conceptual review for the project on April 24, 1995, that the Harmony Road Access Control Plan, executed between the City and the Colorado Department of Transportation (C.D.O.T.) in March 1989, does not include any direct access from Harmony Road to the property. The applicant was told that any land use proposal for the property must either conform to the approved Access Control Plan, or proceed through the process for amending the Plan - assuming that both C.D.O.T. and the City would support such a request. (Note that the City has only processed one amendment to an Access Control Plan which was the South College Avenue Access Control Plan for access to a parcel that was completely landlocked). Safeway was also informed that the process for amending the access control plan could be quite lengthy. Last summer, both the City and the State agreed to consider an amendment to the Harmony Road Access Control Plan to add a right-in/right-out per Safeway's request for direct access to Harmony Road. However, to date, the applicant and C.D.O.T. are still negotiating the terms of such an amendment (seethe attached letter from C.D.O.T.) In addition, C.D.O.T. requires that the applicant obtain an opening in the "A -line" (access line) for Harmony Road which is also a lengthy process. (This is required of all developments which take access off the highway segment of Harmony Road. It should be noted that the Symbios project at County Road 9 and Harmony Road just obtained their A -line opening last month after submitting their request to C.D.O.T. in August of 1996. The Symbios project's access to Harmony Road is an approved right-in/right-out location that is part of the adopted Harmony Road Access Control Plan). After an A- 281 North College Avenue • P.O. 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