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HomeMy WebLinkAboutELITE INFUSED (5724 S. COLLEGE AVE.) - BASIC DEVELOPMENT REVIEW ..... BACKGROUND DOCUMENTS - BDR180013 - SUBMITTAL DOCUMENTS - ROUND 2 - STREET RELATED DOCUMENTSouth 13 Sub Background Documents Research and Analysis -8/5/2018 ROW, ANNEXATION, US 287 ACCESS PLAN, TMP, Encroachment. Right-of-Way Dedication - 1976 The right-of-way in question was dedicated in 1976 by plat South 13 Subdivision, Larimer County #Book-1742 Page-652, and identified as “U.S. 287 FRONTAGE ROAD”. The area of the right-of-way under discussion is that fronting Lot 28 on said plat. Lot 28 is the subject parcel of Elite Infused’s 2018 Basic Development Plan application #180013. Creation of Existing Right-of-Way and Site Conditions 1976 to 2006 Sometime prior to 2006 the existing on-site improvements on Lot 28 were created. The improvements consist of buildings, driveways, landscaping, internal parking. Prior to 2006 the existing improvements in the right-of-way west of lot 28, consisted of frontage road curb and pavement, 5 paved public parking spaces, and a narrow landscape buffer, underground utilities, and a mailbox. All of these improvements were constructed and approved by Larimer County the jurisdiction with authority over the right-of-way at the time of their creation and operation until Oct 3rd 2006. Ft. Collins Annexation of Right-of-Way 2006 In 2006, Ft. Collins Annexed the properties and right-of-way in the area from Larimer County. The “Southwest Enclave Annexation Phase One” was by Ordinance 137-2006 dated October 3rd, 2006. The annexation process is very thorough and the standard of care for an annexing agency involves the evaluation of the public right of ways, public lands and infrastructure and improvements contained within these areas contemplated for annexation. It is assumed any condition in the right-of-way at the time of annexation that would be a liability or future impediment to efficient management of the right-of-way for the public purposes was fully considered and adjusted for through the agreements with Larimer County, and ultimately all liability assumed by Ft Collins upon Annexation. College Avenue Approved Future configurations. South College Avenue (US287) Access Control Plan Update Report – Carpenter Road (LCR 32) to Swallow Road - is listed by CDOT as an adopted official access control plan. ● Adopted December 2004 by Larimer County, Ft. Collins, CDOT. ● Prepared February 2002 by City of Fort Collins Transportation Planning, Colorado Department of Transportation Region 4, Larimer County and Felsburg Holt & Ullevig ● Chapter 5 – Access Control Plan o Section 5.1 – Short-Term Plan Improvements - The write up and graphical representation (reference EXHIBIT 5-2) within the area of concern depicts the continuing of the existing frontage road in the existing position without any improvements to the frontage road. The only corridor section improvements indicated for the area are the adding of physical medians to College Ave. (US 287). with no additional through lanes or associated widenings. This interim phase requires no impact or physical changes in alignment to the east frontage road or the 15’ of right-of-way east of the east edge of the east frontage road. The area presently covering the 5 parking spaces next to lot 28. o Section 5.2 Long-Term Improvements - The long-term improvements proposed are the adding of a 3rd through lane to 287. As in the short-term plan there is no demonstrated need to move the existing frontage road or utilize the 15’ of right-of-way east of the frontage road for any transportation purposes. There is more than 15’ separation from the existing mainline road and the frontage road to accommodate this main line widening in the future. Furthermore, the Long-range Access Exhibit 5-6 depicts the adjacent lot boundaries extending to the west edge of the frontage road area. This would suggest the elimination of the right-of-way and the conversion of the frontage road in this area to a private access drive shared among the 8 parcels between Smokey St. and Bueno Dr. This is implementation of the “Cross Access Driveway” Plan study strategy discussed in Section 2.4 pg12. The Exhibit 5-6 also stops displaying this frontage road as a public street as it did in the short-term plan. Finally, the establishment of a local Connector to the east between Bueno to Trilby, is shown replacing the local travel function of the existing frontage road. Ft Collins Transportation Master Plans - 2004 & 2011 update Appendix E of the 2011 update and figure 5.1 of the 2004 Ft Collins Transportation Master Plans represent US 287 consistent with the South College Access plan as ultimately a 6 lane Arterial section. with a parallel Collector street 500ft east of College Ave, created by the lengthening of Aran St. and connecting to Bueno St at Smokey Street. No frontage road is depicted in the TMP. The establishment of a Collector connection supports the converting of the existing frontage road to the purpose of only providing cross lot commercial access consistent with the concepts in the access plan. ENCROACHMENT Ft Collins Municipal Code CHAPTER 23 -PUBLIC PROPERTY - ARTICLE III. - OBSTRUCTIONS AND ENCROACHMENTS – addresses encroachments and obstructions. It is limited by Division 1 Sec 23-46 – Limitations. – This section provides that encroachments or obstructions can be provided for by the terms of the ARTICLE III, OR by other City Ordinance. The Annexation Ordinance 137-2006 in this specific case allowed for the existing conditions in the right-of-way adjacent to the subject property lot 28. We do not believe that a major encroachment permit is required in this case as the relevant issues were reviewed and approved at annexation by Ordinance as is acceptable under the Code. DIVISION 3 – Encroachments Building, fence, barrier, post .. None of these conditions exist, only landscaping, curbs and paved parking. Parking spaces are regulated by 23-61. We are not proposing to occupy a parking space on a public space as defined in sec 23-61. Or other encroachments – the local entity may wish to permit under this broad definition, but an encroachment must restrict the reasonable and free operational use of the right-of-way for its intended purpose. The existence of curb and paved asphalt public parking does not impede the City’s use of the right-of-way for the current configured Uses, which are a frontage road and public parking for adjacent commercial properties. The landscaping does not impede the Use unless it begins to restrict motorists and user sight distance of approaching vehicles. Or more specifically a defined sight triangle. The existence of a mailbox post and box is not a condition that is permitted and is an assumed use of the right-of-way permitted by compliance with the specifications issued by the Postmaster requirements for placement of roadside mailboxes.