HomeMy WebLinkAboutELITE INFUSED (5724 S. COLLEGE AVE.) - BASIC DEVELOPMENT REVIEW ..... BACKGROUND DOCUMENTS - BDR180013 - SUBMITTAL DOCUMENTS - ROUND 2 - CORRESPONDENCEElite Infused BDP 20180013 - Position on Treatment of Right-of-
Way Parking Area - 8.15.2018
The existing public parking spaces in the right-of-way were legal and conforming when created
as a part of Larimer County prior to 2003, and were permitted by Ft. Collins as they exist today
by ordinance, specifically annexation Ordinance 137-2006 dated October 3rd 2006 referred to
and mapped as “Southwest Enclave Annexation Phase One”. This process for permitting
improvements in the right-of-way is in conformance with FCMC CHAPTER 23 - ARTICLE III. -
Division 1 Sec 23-46 – Limitations.
The Elite Infused development application BDP 20180013 does not propose conditions that
would require the assigning of this existing public parking in the right-of-way to meet any
development criteria related to the change of use request for the warehouse building at the rear
of the subject parcel, Lot 28 of South 13 Subdivision. The Elite Infused BDP 20180013 site
improvements for Lot 28 do not propose any changes to any physical improvements that define
or make up the existing public parking spaces.
The approved documents guiding the future transportation development, US 287 Arterial
upgrades, local street configurations, and frontage road changes in the area adjacent to lot 28,
indicate that there is currently excess right-of-way east of the frontage road east curb line.
The right-of-way that covers the area 15’ east of the existing frontage road and contains the
existing parking under discussion is not needed as right-of-way for the implementation of the US
287 College Ave. Access Control Plan, or the Fort Collins Transportation Master Plan. Based
on the considerable detail, effort, and public input to developing these master plans It is our
assumption that the final conditions of the Elite Infused BDP will be consistent with the future
vision adopted in these plans.
We are assuming that Ft Collins would like to absolve itself of the responsibility to maintain the
public parking spaces as has been its duty since time of annexation, and for maintenance and
general liability for this area to become the responsibility of the adjacent land owner.
Consistent with Ft Collins and CDOT’s master vision, and the owners of Lot 28, and the
efficient management of the public's rights of way, we are requesting that this portion of the
right-of-way adjacent to lot 28 be Vacated and the land returned to lot 28. This area can be
simply described as the 22 easterly feet of the existing right-of-way depicted in the 1976 13
South Subdivision Plat.
All exclusive utility easements of record in the area of the proposed vacated right-of-way area
pre-dating the right-of-way dedication in 1976 would remain unaffected. A re-granting or
continuing of other utility easements in this area would be acceptable. These proposed
changes to the right-of-way and lot dimensions, and appropriate display of unaffected portions
of the original plat will be accomplished with a replat presently proposed to be named South 13
Subdivision 3rd filing.