HomeMy WebLinkAboutTHE GREEN SOLUTION - PDP/FDP - FDP150045 - SUBMITTAL DOCUMENTS - ROUND 1 - CORRESPONDENCE-CONCEPTUAL REVIEWDecember 15, 2015
Ryan Mounce
Project Planner
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80524
RE: 810 North College Avenue – Retail Marijuana Store and Cultivation Facility
Conceptual Comment Response Letter
The following are the responses to the Conceptual Review letter, dated October 23, 2015, for the above
referenced property. For ease of review, we have provided all of the original comments with the response
in italics below. If no response is provided, the comment been noted or addressed and reflected in the
design.
Comment Summary:
Department: Zoning
Contact: Gary Lopez, 970-416-2338, glopez@fcgov.com
1. Engineering may not permit the 1st three parking stall including the HC stall. Either way
a better location for the HC space is required considering back up conflicts with
vehicles accessing the property off N College.
2. A landscaping plan is required. A couple of landscaping island should be considered
to break up what is already a sea of asphalt. If parking in front of the building is
eliminated the code requires that much of the asphalt be removed and replaced with
grass/landscaping.
3. What is the condition of the trash enclosure. It seems by scale to be small. Trash
enclosures must meet LUC 3.2.5.
Response: We have enlarged the trash enclosure to accommodate the
required separate man door access. Overall size is based on that plus the
actual size of the vertical compactor we are using.
4. The addition could be on the West side of the existing structure also.
5. All mechanical equipment (vents, flues, boxes conduit, RTU and so forth) have to
be screened on all sides.
6. Need to create a Sidewalk from the main entrance to the public sidewalk.
7. Vehicle use areas (drives aisles and parking spaces) require f 5ft landscape setback
from interior property lines.
8. The property is not platted and will be required to Platt.
Department: Water-Wastewater Engineering
Contact: Shane Boyle, 970-221-6339, sboyle@fcgov.com
1. It appears there will be no changes to the water or sewer service with this proposal. If that
changes, please coordinate with Water Utilities Engineering.
Department: Stormwater Engineering
Contact: Heidi Hansen, , hhansen@fcgov.com
1. This property is located in the FEMA-regulated, 100-year Poudre River flood fringe and
must comply with the safety regulations of Chapter 10 of City Municipal Code. A FEMA Flood
Risk Map is attached.
2. Construction of a nonresidential addition is allowed in a FEMA 100-year flood fringe, as
long as the lowest finished floor of the building, and all duct work, heating, ventilation,
electrical systems, etc. are elevated 24-inches above the Base Flood Elevation (BFE). This
elevation is known as the Regulatory Flood Protection Elevation (RFPE). RFPE = BFE +
24-inches. An approved FEMA Elevation Certificate, completed by a licensed surveyor or civil
engineer and showing that the addition is constructed to the required elevation, is required
post-construction prior to a Certificate of Occupancy (CO) being issued
3. In lieu of elevating the addition, it may be possible to floodproof the building. When more
detail regarding this project is available, we can determine if floodproofing is a feasible
option. If that option is available, all the requirements of Section 10-38 of City Code must be
met. Floodproofing Guidelines as well as a FEMA Floodproofing Certificate (which will be
required before construction begins, and again after construction is complete and prior to
issuing a Certificate of Occupancy) can be obtained at
http://www.fcgov.com/utilities/what-we-do/stormwater/flooding/forms-documents. FEMA
Technical Bulletin 3, “Non-Residential Floodproofing – Requirements and Certification”
can be found at http://www.fema.gov/media-library-data/20130726-1511-20490-
5294/job6.pdf.
4. If the cost of remodeling the existing structure will be over 50% of the value of the existing
structure (the structure only, not including land or use value) this would constitute a
“substantial improvement” and the existing structure must be brought into compliance with
the floodplain regulations. The existing structure would need to be either elevated or
floodproofed to 24-inches above the Base Flood Elevation (BFE). Substantial improvement
is a cumulative value meaning that any previous building permits for remodels and
improvements are added to the current one to see if the 50% threshold is exceeded. It
appears that there have been 3 previous permits totaling $14,300 and the assessor is
showing a value for the structure of $122,000 this means that the current improvements
cannot total more than $46,700 without exceeding the substantial improvement threshold and
bringing the existing building into compliance. Please contact staff for guidance on options for
determining the structure’s value as well as the costs that must be included in the substantial
improvement determination.
5. Life-safety and emergency response critical facilities are not allowed in any portion of any
Poudre River floodplain. Hazardous materials are not permitted in the 100-year
floodplain.
6. Floatable materials including trash dumpsters, vehicles, trailers, equipment, supplies,
outdoor furniture (i.e. benches, tables), etc. related to non-residential uses are prohibited
in the 100-year floodplain. All floatable materials, including any existing floatable
materials located onsite, must be stored inside a building, be anchored per an approved
engineered design or be located outside of the 100-year floodplain. This restriction does not
apply to employee and customer vehicles parked on the site during business hours with
an owner onsite to move the vehicle.
7. Because this project is located in the Poudre River floodplain, the developer will be
required to have an Emergency Response Preparedness Plan approved prior to starting
construction.
8. Alternatively, the property owner has the option of obtaining a survey of the property and if the
existing ground around the building and addition is higher than the Base Flood Elevation a Letter
of Map Amendment (LOMA) can be applied for through FEMA which would remove the building
area from the floodplain and no additional floodplain construction requirements would apply for
the structure. No permits could be issued before the LOMA was approved by FEMA. Floodplain
Permits may still be required for site work outside of the LOMA area (areas still considered to
be within the floodplain).
9. FEMA has begun to remap the Poudre River. They are calling this RiskMAP, and it will be a
multi-year project. Property owners near the river need to be aware that the floodplain may
be remapped and may change on their property. We are encouraging you to consider
elevating the structure as much as possible. We are providing you this information to help
you plan for possible future changes in the floodplain mapping.
10. Any construction activities in the flood fringe (e.g. structure, sidewalk or curb & gutter
installation/replacement, utility work, landscaping, etc.) must be preceded by an approved
floodplain use permit, the appropriate permit application fees, and approved plans. The
permit form can be obtained at http://www.fcgov.com/utilities/what-we-
do/stormwater/flooding/forms-documents.
11. Development review checklists for floodplain requirements can be obtained at
http://www.fcgov.com/utilities/what-we-do/stormwater/flooding/forms-documents. Please
utilize these documents when preparing your plans for submittal. Contact Beck Anderson of
Stormwater Master Planning at banderson@fcgov.com for floodplain CAD line work, as
required per the floodplain development review check list.
12. Please contact Heidi Hansen with any questions about these comments or to schedule a
meeting to discuss any requirements for development in the floodplain. hhansen@fcgov.com
970-221-6854.
13. If the site is required to meet present Land Use Code requirements, onsite water quality
treatment of the runoff is required. Water quality treatment methods are described in the
Fort Collins Stormwater Manual, Volume 3-Best Management Practices (BMPs). A method
that could be used on an existing site is to direct the downspouts to a landscape area.
Another is if perimeter landscape buffers or parking lot medians are required, they could be
used to treat the runoff in bio-retention areas or rain gardens.
(http://www.fcgov.com/utilities/business/builders-and-developers/development-forms-guideli
nes-regulations/stormwater-criteria)
14. Per Colorado Revised Statute §37-92-602 (8) effective August 5, 2015, criteria regarding
detention drain time will apply to this project. As part of the drainage design, the engineer will
be required to show compliance with this statute using a standard spreadsheet (available on
request) that will need to be included in the drainage report. Upon completion of the project,
the engineer will also be required to upload the approved spreadsheet onto the Statewide
Compliance Portal. This will apply to any volume based stormwater storage, including
extended detention basins and bio-retention cells.
15. The city wide Stormwater development fee (PIF) is $7,817/acre ($0.1795 sq.-ft.) for new
impervious area over 350 sq.-ft., and there is a $1,045.00/acre ($0.024/sq.-ft.) review fee.
No fee is charged for existing impervious area. These fees are to be paid at the time each
building permit is issued. Information on fees can be found at:
http://www.fcgov.com/utilities/business/builders-and-developers/plant-investment-developme
nt-fees or contact Jean Pakech at 221-6375 for questions on fees. There is also an erosion
control escrow required before the Development Construction permit is issued. The amount
of the escrow is determined by the design engineer, and is based on the site disturbance
area, cost of the measures, or a minimum amount in accordance with the Fort Collins
Stormwater Manual.
16. There could be NECCO fees associated with projects in Dry Creek.
17. The design of this site must conform to the drainage basin design of the Dry Creek Master
Drainage Plan as well the Fort Collins Stormwater Criteria Manual.
Department: Fire Authority
Contact: Jim Lynxwiler, 970-416-2869, jlynxwiler@poudre-fire.org
1. FIRE CONTAINMENT
From the information provided, the proposed addition will create a building with an
area of +/- 4810 sq. ft. Should the building exceed 5000 square feet, it will be
required to be sprinklered or fire contained. If containment is used, the containment
construction shall be reviewed and approved by the Poudre Fire Authority prior to
installation.
2. FIRE LANES
Fire access is required to within 150' of all exterior portions of the building
perimeter. Fire access cannot be measured from an arterial road (in this case,
College Ave). If the shared access drive on the north side of the building is currently
dedicated for Emergency Access, documentation of such is required to be included in
future plan sets. If no Emergency Access Easement has be dedicated previously, one
will be required at this time or the building will be required to be equipped with a fire
sprinkler system. Code language provided below.
IFC 503.1.1: Approved fire Lanes shall be provided for every facility, building or portion of a
building hereafter constructed or moved into or within the jurisdiction. The fire apparatus
access road shall comply with the requirements of this section and shall extend to within
150 feet of all portions of the facility and all portions of the exterior walls of the first story
of the building as measured by an approved route around the exterior of the building or
facility. When any portion of the facility or any portion of an exterior wall of the first
story of the building is located more than 150 feet from fire apparatus access, the fire
code official is authorized to increase the dimension if the building is equipped throughout
with an approved, automatic fire-sprinkler system.
Response: The adjacent property to the north and east provides a 15 foot
wide access to the subject property.
3. WATER SUPPLY
A hydrant is required within 300' of the building. The existing utility infrastructure
already available in the area indicates that this code requirement has been met.
Applicant to verify hydrant location, volume and pressure. Code language
provided below.
IFC 508.1 and Appendix B: COMMERCIAL REQUIREMENTS: Hydrants to provide
1,500 gpm at 20 psi residual pressure, spaced not further than 300 feet to the
building.
4. GROW FACILITIES
Grow facilities for marijuana must meet minimum fire hazard and exit
requirements. The applicant is responsible for obtaining and completing a
"Marijuana Check Sheet". The check sheet is available from the City of Fort Collins
at such time a business permit is obtained. The completed check sheet is to be
returned to the Poudre Fire Authority as directed. This document will be reviewed with
the applicant at time of final inspection. For more information, contact PFA Captain
Michal Jaques at 416-2863.
Department: Environmental Planning
Contact: Kelly Kimple, , kkimple@fcgov.com
1. An Ecological Characterization Study is required by Section 3.4.1 (D)(1) as the site is
within 500 feet of a known natural habitat (Lake Canal Ditch). However, as there are
intervening parcels between the ditch and this property, and the standard buffer would not
extend to this project’s parcel, the ECS is waived for this site. However, please consider the
use of native plants and grasses to complement the natural feature, in accordance with
Article 3.2.1 (E)(2) (3) of the Land Use Code.
2. Our city has an established identity as a forward-thinking community that cares about the
quality of life it offers its citizens and has many sustainability programs and goals that may
benefit your project. Of particular interest may be the:
1. Green Building and the Climate Action Plan: fcgov.com/enviro/green-building.php,
contact Tony Raeker at 970-416-4238 or traeker@fcgov.com
2. Integrated Design Assistance Program: fcgov.com/idap, contact Gary Schroeder at
970- 224-6003 or gschroeder@fcgov.com
3. Please consider the City’s sustainability goals and ways for your development to
engage with these efforts.
Department: Engineering Development Review
Contact: Sheri Langenberger, 970-221-6573, slangenberger@fcgov.com
1. Larimer County Road Impact Fees and Street Oversizing Fees are due at the time of building
permit. Please contact Matt Baker at 224-6108 if you have any questions.
2. The City's Transportation Development Review Fee (TDRF) is due at the time of submittal.
For additional information on these fees, please see:
http://www.fcgov.com/engineering/dev-review.php
3. Any damaged curb, gutter and sidewalk existing prior to construction, as well as streets,
sidewalks, curbs and gutters, destroyed, damaged or removed due to construction of this
project, shall be replaced or restored to City of Fort Collins standards at the Developer's
expense prior to the acceptance of completed improvements and/or prior to the issuance of
the first Certificate of Occupancy. All public sidewalk, driveways and ramps existing or
proposed adjacent or within the site need to meet ADA standards, if they currently do not,
they will need to be reconstructed so that they do meet current ADA standards as a part of
this project.
4. A repay is due for the developments local street portion of the improvements that were
installed along the frontage of the property. In addition the development is responsible for
reimbursing the city for the costs of any right-of-way purchased along the frontage of the
property.
5. The property is not platted and will need to include a plat as a part of the application.
6. It looks as if access to the property and to the parking is off of the adjacent property.
Information on the existing access easements will need to be provided with the application. If
existing access easements do not exist then this will need to be obtained as a part of the
project. And letters of intent to dedicate such easements will be needed from the adjacent
property owner(s) prior to being able to schedule a hearing.
7. Any public improvements must be designed and built in accordance with the Larimer County
Urban Area Street Standards (LCUASS). They are available online at:
http://www.larimer.org/engineering/GMARdStds/UrbanSt.htm
8. This project is responsible for dedicating any easements that are necessary or required by
the City for this project. This shall including the standard 15 foot utility easements that are to
be provided behind the right-of-way.
9. Utility plans will be required and a Development Agreement will be recorded once the
project is finalized.
10. This site is adjacent to CDOT roadway and all access to the site is governed by an access
control plan. The long term plan for this access is that it will become a right-in right-out
access. This will most likely occur when the median in College Ave is constructed. Plans
will be routed to CDOT for review and approval and the applicant may need to obtain a new
access permit from CDOT.
11. An excavation permit will need to be obtained prior to starting any work on the site.
12. LCUASS parking setbacks (Figure 19-6) apply and will need to be followed depending on
parking design. This will likely impact a few of the spaces closest to College Ave.
13. Bike parking required for the project cannot be placed within the right-of-way and if placed
just behind the right-of-way need to be placed so that when bikes are parked they do not
extend into the right-of-way.
14. In regards to construction of this site. The public right-of-way shall not be used for staging or
storage of materials or equipment associated with the Development, nor shall it be used for
parking by any contractors, subcontractors, or other personnel working for or hired by the
Developer to construct the Development. The Developer will need to find a location(s) on
private property to accommodate any necessary Staging and/or parking needs associated
with the completion of the Development. Information on the location(s) of these areas will be
required to be provided to the City as a part of the Development Construction Permit
application.
Department: Electric Engineering
Contact: Tyler Siegmund, 970-416-2772, tsiegmund@fcgov.com
1. Right now existing 50 KVA open delta bank feeds the existing building. System modification
charges will apply if additional electrical capacity is needed. There is existing single and
three phase power in the area.
2. Please provide a one line diagram and a C-1 form to Light and Power Engineering. The C-1
form can be found at: http://zeus.fcgov.com/utils-procedures/files/EngWiki/WikiPdfs/C/C-
1Form.pdf
3. Any changes to the existing electric capacity and or location will initiate electric development
and system modification charges
4. Please contact Tyler Siegmund at Light & Power Engineering if you have any questions at
970.416.2772. Please reference our policies, development charge processes, and use our
fee estimator at http://www.fcgov.com/utilities/business/builders-and-developers
Planning Services
Contact: Ryan Mounce, 970-224-6186, rmounce@fcgov.com
1. With the associated change of use and building addition, the parcel will need to be platted,
requiring a Type 1 (Administrative) review at a public hearing.
As a Type 1 review, the site will need to meet current Land Use Code standards and
requirements.
2. Parking Access, Setbacks & Landscaping:
To utilize the parking as currently envisioned, documentation will be needed showing this
property is able to utilize the shared drives to the north and east. Coordination with the
adjacent property owners will be needed during the development review process.
Response: The adjacent property to the north and east provides a 15 foot
wide access to the subject property. (Deed Book 1371 Page 58)
Current standards do not permit parking between the front of a building and the street, and
standard parking setbacks from an arterial street are 15-feet. Compliance with both
standards will require removing the two parking spaces closest to College Avenue. The
handicap space shown will need to be relocated to the closest accessible building
entrance.
Landscaped islands are needed to define the beginning and ends of parking aisles. These
landscaped islands will also help fulfill requirements for parking lot interior landscaping (6% of
the parking area) and tree-stocking requirements for the overall site.
A 5-foot landscaped setback is also required between the parking areas and side and rear
property lines unless there is a shared parking arrangement. If access is not shared along
the north or east sides of the property, these landscaped setbacks will need to be added.
3. Vehicle & Bike Parking Requirements:
For medical & retail marijuana sales, general retail parking requirements would apply,
requiring a minimum of 2 spaces per 1,000 square feet on any net increase in the building
size and up to a maximum of 4 spacer per 1,000 square feet for the overall building. This
would require between 7 and up to 20 vehicle spaces for the site, assuming up to a 5,000
square foot building.
Retail bicycle parking requirements are for a minimum of 4 spaces, one of which must be
sheltered or enclosed.
4. For reference, if any addition is planned to the front of the structure, the addition should meet
the City's "build-to line" standards. Along an arterial street, this would require the front
building face to sit anywhere from 10-to-25 behind the front property line.
The area between the building should be landscaped with a walkway to the front entrance
with several additional trees to complete tree-stocking requirements.
5. As design for the building addition develops, please take note of Sections 3.5.1 and 3.5.3 of
the Land Use Code which detail requirements for building/wall articulation, materials, and
base/top treatments.
Important considerations will be avoiding long stretches of blank walls and continuing to
utilize a stronger building base of brick/masonry/stone.
6. The proposed development project is subject to a Type 1 review and public hearing, the
decision maker for Type 1 hearings is an Administrative Hearing Officer. The applicant for
this development request is not required to hold a neighborhood meeting for a Type 1
hearing, but if you would like to have one to notify your neighbors of the proposal, please let
me know and I can help you in setting a date, time and location for a meeting. Neighborhood
Meetings are a great way to get public feedback and avoid potential hiccups that may occur
later in the review process.
7. Please see the Development Review Guide at www.fcgov.com/drg. This online guide
features a color coded flowchart with comprehensive, easy to read information on each step
in the process. This guide includes links to just about every resource you need during
development review.
8. This development proposal will be subject to all applicable standards of the Fort Collins Land
Use Code (LUC), including Article 3 General Development Standards. The entire LUC is
available for your review on the web at http://www.colocode.com/ftcollins/landuse/begin.htm.
9. If this proposal is unable to satisfy any of the requirements set forth in the LUC, a Modification
of Standard Request will need to be submitted with your formal development proposal.
Please see Section 2.8.2 of the LUC for more information on criteria to apply for a
Modification of Standard.
10. Please see the Submittal Requirements and Checklist at:
http://www.fcgov.com/developmentreview/applications.p
hp.
11. The request will be subject to the Development Review Fee Schedule that is available in the
Community Development and Neighborhood Services office. The fees are due at the time of
submittal of the required documents for the appropriate development review process by City
staff and affected outside reviewing agencies. Also, the required Transportation Development
Review Fee must be paid at time of submittal.
12. When you are ready to submit your formal plans, please make an appointment with
Community Development and Neighborhood Services at (970)221-6750.
13. Save the Poudre has requested to be contacted whenever a project is proposed within 800'
of the Poudre River. Please add the following address to your APO labels: Save the Poudre,
c/o Gary Wockner, PO Box 20, Fort Collins, CO 80522-0020.
Please contact me at (303) 531-3223 or jrentz@manhard.com if you have any questions related to
the above responses.
Sincerely,
Manhard
Julie Rentz
Project Engineer