HomeMy WebLinkAboutELITE INFUSED (5724 S. COLLEGE AVE.) - BASIC DEVELOPMENT REVIEW - BDR180013 - SUBMITTAL DOCUMENTS - ROUND 2 - STREET RELATED DOCUMENTResponse to Engineering Staff questions and position related to
encroachments in 8/3/2018 email.
The following responses are organized by topic and major issue raised. The quoted questions
are from Ms. Uhlman’s email sent to Mr Ernst.
From: Morgan Uhlman <muhlman@fcgov.com>
Sent: Friday, August 3, 2018 10:01 AM
To: fcernst@ernstengineering.com
Cc: Kai Kleer <kkleer@fcgov.com>
Subject: RE: ELite Infused, BDR 180013 - Development Agreement Draft
Only portions of the email are referenced in the discussion below:
Encroachment Permitting
“The only possibility of allowing a parking lot in the right-of-way is through a major
encroachment permit”
It is our understanding that the administrative permit referred to is an application and process
to assist Ft Collins staff in applying the requirements of the Ft Collins Municipal Code, CHAPTER
23 -PUBLIC PROPERTY - ARTICLE III. - OBSTRUCTIONS AND ENCROACHMENTS. Reading of
Division 1 Sec 23-46 – Limitations - indicates that encroachments or obstructions are to be
provided for by the terms and conditions of the ARTICLE III, OR by other City Ordinance.
In the case of the subject parking spaces, they were reviewed during the annexation process and
accepted by Ft Collins by the Annexation Ordinance 137-2006. The conditions existed as legal
and conforming, approved by Larimer County, prior to annexation. They existed as approved at
the date of annexation. The improvements have not been altered or added to since annexation.
Our development application does not propose conditions that would require making changes
to the parking spaces or associated paving and curbs. It is our understanding of the Code that
they are not subject to re-permitting, because they were approved by City ordinance.
Parking Area Purpose and Need
“Why is the parking needed, it appears that parking counts can be achieved with existing
parking spots that are out of the right-of-way.”
● The existing parking in the right of way was constructed prior to 2006 and
legallyapproved by Larimer County per the Codes and Uses on the adjacent properties
at the time.
● Today this nonexclusive public parking and serves the general public accessing the
businesses along the frontage road from Smokey Dr. to Bueno Dr.
● It is correct that the current development application does not count these spaces
toward complying with the BDP application change in use of the warehouse structure at
the rear of the lot. The current BDP application MAy 2018 submittal proposes no
modifications to improvements to this parking area in the right of way.
● Ft Collins Planning, in their 5/29/18 responses - has requested refreshing the existing
landscape buffer, but this is not a new improvement and arterial street landscape
buffers are not defined as encroachments as a matter of practice, unless the vegetation
interferes with a driver’s safe view of intersecting roads.
Access control criteria and future buildout detail for South College
“Other South College properties that have come through the development review
process and have service roads/frontage roads/ or that abut College were required to
remove all existing and proposed parking from the rights-of-way.”
● We are not aware of the conditions and locations of these “Other South College
properties” but assume that this development application and issues related to the
right-of-way adjacent will be managed and approved consistent with the adopted
configurations and recognized principles in the South College US 287 Access Control
Plan, which details out different treatments with future road and right-of-way
configurations, block by block, specific to small groups of property and the local street
network adjacent to US 287.
Responsibility for future modifications to improvements in the right of way.
“Who will be responsible for removing the improvements in the future when a project to
widen College Ave. comes through.”
● The existing parking in question does not need to be removed to achieve the master
planned vision for this segment of College Ave. The approved South College US 287
CDOT Access control plan and the Fort Collins Transportation Master Plans indicate that
US 287 will widen by 1 lane (each way) to a 6 lane arterial, but will not impact the
frontage road. The long-term configuration of the frontage road is a cross property
driveway access, (see example Access Control Plan Section 2.4) with the public street
connection being re-established 500ft east as a Local Collector formed by connecting
Avanta Street with Bueno Street at Smokey Dr.
REFERENCE DOCUMENTS
● Link figure 5.1 of the 2004 Ft Collins Transportation Master Plans
● Link Appendix E of the 2011 TMP
● Link South College Avenue (US287) Access Control Plan Update Report –
Carpenter Road (LCR 32) to Swallow Road
● Link ACCESS Plan Chapter 5 - EXHIBIT 5-2 Short-Term Plan Bueno Dr to Saturn Dr. -
refer to Figure 5-2 page 5 of 10.
● Link ACCESS Plan Chapter 5 - EXHIBIT 5-6 Long-Range Access Plan Bueno Dr to Saturn
Dr.