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Home My WebLink About128 RACQUETTE DRIVE ANNEXATION - ANX190001 - SUBMITTAL DOCUMENTS - ROUND 2 - RESPONSE TO STAFF REVIEW COMMENTSPage 1 of 6 Response to Comments 8/12/2019 RE: 128 Racquette Drive Annexation, ANX190001, Round Number 1 Department: Planning Services Contact: Kai Kleer, 970-416-4284, kkleer@fcgov.com Topic: General Comment Number: 1 Comment Originated: 06/14/2019 06/14/2019 BEFORE HEARING: The Structure Plan Map, an element of the recently adopted City Plan (2019), shows this area as Industrial (I). To remain consistent with this designation please update Annexation Petition, Application, and Narrative. Response: Please see the revised petition, application, and narrative with the correction to the I-Industrial zoning. Comment Number: 2 Comment Originated: 06/14/2019 06/14/2019 INFORMATION ONLY: Based on the below dates the annexation process will take approximately 142 days from start to finish (June 4, 2019 - October 25, 2019). An associated project can be submitted and reviewed during this period, however, no decision can be made until the effective date of the annexation (10-days after Second Reading). Below is a possible annexation timeline: Applicant Resubmittal (Round 2): July 3, 2019 Staff Review: July 24, 2019 Initiating Resolution: August 20, 2019 (August 6 Regular Meeting cancelled for Neighborhood Night Out) Planning and Zoning Board: September 19, 2019 First Reading: October 1, 2019 Second Reading: October 15, 2019 Effective Date of Annexation: October 25, 2019 Please not that this is subject to changes based on the resubmittal date of the applicant. Response: Acknowledged. Comment Number: 3 Comment Originated: 06/14/2019 06/14/2019 INFORMATION ONLY: The proposed annexation meets the 1/6 contiguity requirement. Page 2 of 6 Response: Acknowledged. Comment Number: 4 Comment Originated: 06/14/2019 06/14/2019 INFORMATION ONLY: The proposed cheerleading training academy is subject to the same level of review (Type 1) in the Industrial zone district. Response: Acknowledged. Comment Number: 5 Comment Originated: 06/14/2019 06/14/2019 BEFORE HEARING: According to the recorded deed the grantee of this property is Racquette Hanger, LLC. The Colorado Secretary of State records indicate that registered agent for Racquette Hanger, LLC is Stephen J. Schrader who will be a required signatory on the annexation petition. State law requires that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys. If Richard Hansen is indeed the majority owner of this property. Please provide a statement clarifying his relationship to the property. Response: A “registered agent” is not a required signatory. Please talk to your legal department, who can confirm to you that a registered agent is simply a responsible third-party in the same state as the business, who can receive service of process notices, correspondence from the Secretary of State, and other official government notifications—usually tax forms and notice of lawsuits—on behalf of the corporation or LLC. A registered agent for an LLC is not the person who signs on behalf of an LLC. The manager (or managers) of an LLC fills that role. Richard Hansen is indeed a qualified manager of this LLC. We provided the required attorney certification upon the initial submittal, which certifies from an attorney licensed to practice law in Colorado that Richard Hansen has the authority to sign on behalf of this LLC. Comment Number: 6 Comment Originated: 06/21/2019 06/21/2019: I know there was some reference in the narrative that the building would be a change of use to permit a cheer academy; therefore, this would require the site to be brought up to current standards such as improvements related to infrastructure, land use code and fire code. The annexation itself will not require the owner to do property upgrades; however, any subsequent development of the site will. We define development as follows: "Development shall mean the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or, except as is authorized in Section 1.4.7, the dividing of land Page 3 of 6 into two (2) or more parcels. (1) Development shall also include: (a) Any construction, placement, reconstruction, alteration of the size, or material change in the external appearance of a structure on land; (b) Any change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on a tract of land or a material increase in the intensity and impacts of the development; (c) Any change in use of land or a structure; (d) Any alteration of a shore or bank of a river, stream, lake, pond, reservoir or wetland; (e) The commencement of drilling (except to obtain soil samples), mining, stockpiling of fill materials, filling or excavation on a parcel of land; (f) The demolition of a structure; (g) The clearing of land as an adjunct of construction; (h) The deposit of refuse, solid or liquid waste, or fill on a parcel of land; (i) The installation of landscaping within the public right-of-way, when installed in connection with the development of adjacent property; (j) The construction of a roadway through or adjoining an area that qualifies for protection by the establishment of limits of development." Response: Acknowledged. Department: Engineering Development Review Contact: Dave Betley, 970-221-6573, dbetley@fcgov.com Topic: General Comment Number: 1 Comment Originated: 06/13/2019 06/13/2019: The Annexation map needs to reflect the right of way also fronting Racquette Drive. It is the City's practice that the right of way also be annexed into the City. Please show the designated 60 foot right of way on the annexation map. Response: See the revised Annexation Map. Comment Number: 2 Comment Originated: 06/14/2019 06/14/2019: This comment is just for notification of future development. When a development application is submitted, the owner will need to dedicate an additional 3 feet of right of way and utility easement on Racquette Drive. It appears that the parking in front of the building may need to be addressed when this occurs. With future development, the owner will also have to bring the roadway up to the current LUCASS standards and address sidewalk and ADA issues. Response: Acknowledged. Department: PFA Page 4 of 6 Contact: Jim Lynxwiler, 970-416-2869, jlynxwiler@poudre-fire.org Topic: General Comment Number: 1 Comment Originated: 06/18/2019 06/18/2019: ANNEXATION Poudre Fire Authority has no comment related to annexation. All conditions of the existing site plan relevant to Lot 99 & 100 will be considered pre-existing and no further action need be taken. Please note: This building is not sprinklered and does not currently meet minimum standards for fire access. The current use of the building may or may not comply with the approved use/occupancy group classification. Further development on the property or change of use will require fire department review and approval. A dedicated fire lane or other site improvements may be required at that time. Any immediate risk to life & safety as identified through this process or through on-site inspection will require immediate attention. Response: Acknowledged. Department: Light And Power Contact: Austin Kreager, 970-224-6152, akreager@fcgov.com Topic: General Comment Number: 1 Comment Originated: 06/18/2019 06/18/2019: Light and Power does not currently serve electricity to this area. At time of annexation of the entire area, Light and Power will bring in facilities and be your electric provider. Response: Acknowledged. Contact: Marsha Hilmes-Robinson, 970-224-6036, mhilmesrobinson@fcgov.com Topic: General Comment Number: 3 Comment Originated: 06/12/2019 06/12/2019: INFORMATION ONLY: This property is currently mapped in the Poudre River 500-year floodplain. When this property annexes, it will be subject to the flood safety standards found in Chapter 10 of City Code. Essential Service and At-Risk Population Critical Facilities are prohibited in the 500-year floodplain. Response: Acknowledged. Department: Water-Wastewater Engineering Contact: Dan Mogen, 970-305-5989, dmogen@fcgov.com Topic: General Page 5 of 6 Comment Number: 1 Comment Originated: 06/12/2019 06/12/2019: INFORMATION ONLY: Please note this property is located in East Larimer County (ELCO) Water District and Boxelder Sanitation District. There are no changes to water or wastewater associated with the annexation as current water and sewer district areas remain the same. Any future development will be required to meet applicable district Water and Wastewater Design Criteria, which is also the case currently prior to annexation. For full details on annexed infrastructure, please reference Larimer County Urban Area Street Standards Appendix G – Policy and Standard for Maintenance and Improvement of Annexed Infrastructure (City of Fort Collins only) available at https://www.larimer.org/engineering/standards-and-guides/urban-area-street-standards Response: Acknowledged. Department: Stormwater Engineering Contact: Dan Mogen, 970-305-5989, dmogen@fcgov.com Topic: General Comment Number: 1 Comment Originated: 06/12/2019 06/12/2019: INFORMATION ONLY: There is no comment regarding the annexation itself; however, please be aware that any future development following annexation will be required to meet all current City Stormwater Criteria. Response: Acknowledged. Comment Number: 2 Comment Originated: 06/12/2019 06/12/2019: INFORMATION ONLY: For full details on annexed infrastructure, please reference Larimer County Urban Area Street Standards Appendix G – Policy and Standard for Maintenance and Improvement of Annexed Infrastructure (City of Fort Collins only) available at https://www.larimer.org/engineering/standards-and-guides/urban-area-street-standards Per Appendix G, please note: - Driveway culverts and borrow ditches (roadside ditches) may require maintenance or replacement and are to be maintained by the adjacent property owner. - Drainage culverts under proposed city streets require inspection and may require maintenance, repair, and/or replacement. - Existing infrastructure needs to be inspected and may require maintenance, repair, and/or replacement if it is undersized or does not meet City standards. Please note it does not appear any right of way/street area is proposed to be annexed; therefore, annexation of any public infrastructure is not anticipated with this site. Page 6 of 6 Response: Acknowledged. Department: Environmental Planning Contact: Kelly Smith, , ksmith@fcgov.com Topic: General Comment Number: 1 Comment Originated: 06/14/2019 06/14/2019: No Comments Response: Acknowledged. Department: Forestry Contact: Nils Saha, , nsaha@fcgov.com Topic: Landscape Plans Comment Number: 1 Comment Originated: 06/17/2019 06/17/2019: No comments. Thank you. Response: Acknowledged.