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HomeMy WebLinkAboutKING SOOPERS #146, MIDTOWN GARDENS MARKETPLACE - FDP210001 - SUBMITTAL DOCUMENTS - ROUND 5 - RESPONSE TO STAFF REVIEW COMMENTS5500 Greenwood Plaza Blvd., Suite 200 Greenwood Village, CO 80111 303.770.8884 •GallowayUS.com August 24, 2022 City of Fort Collins 281 North College Avenue Fort Collins, CO 80522 RE: King Soopers #146 - Midtown Gardens Marketplace, FDP210001, Round Number 4 Please find below our comment responses addressing the fourth FDP submittal. This letter is to address comments we received from you on July 1, 2021. We appreciate staff working with us to resolve the comments since their issuance; below is a summary in bold and italics of our responses that coincide with our related plan revisions submitted with this letter. Development Review Coordinator – Todd Sullivan Comment Number: 1 06/18/2021: INFORMATION: I will be your primary point of contact throughout the development review and permitting processes. If you have any questions, need additional meetings with the project reviewers, or need assistance throughout the process, please let me know and I can assist you and your team. To best serve you, please include me in all email correspondence with other reviewers and keep me informed of any phone conversations. Thank you! Response: Noted. Comment Number: 2 06/18/2021: INFORMATION: Temporary Service Changes City of Fort Collins Development Review In order to continue providing thorough reviews and giving every project the attention it deserves, the City of Fort Collins is implementing temporary changes in how we serve our development customers. As you may be aware, we are experiencing staff shortages in a number of key departments, which has begun to impact the timeliness of our reviews. We recognize that development and construction play a critical role in our community’s vibrancy and economic recovery, and we have been exploring options for mitigating impacts to our customers. As a result, we will be making some temporary service level adjustments. Currently, one additional week of review time will be added to all 1st and 2nd round submittals (increase from 3 weeks to 4 weeks). Lengths of subsequent rounds of review will be considered after each round of review. Please reach out with any questions or concerns. Response: Noted. Comment Number: 3 06/18/2021: INFORMATION: LUC 2.211 Lapse, Rounds of Review: Applicants, within one hundred eighty (180) days of receipt of written comments and notice to respond from the City on any submittal (or subsequent revision to a submittal) of an application for approval of a development plan, shall file such additional or revised submittal documents as are necessary to address such comments from the City. If the additional submittal information or revised submittal is not filed within said period of time, the development application shall automatically lapse and become null and void. Response: Noted. Comment Number: 4 06/18/2021: INFORMATION: As part of your resubmittal you will respond to the comments provided in this letter. This letter is provided to you in Microsoft Word format. Please use this document to insert responses to each comment for your submittal, using a different font color. Midtown Gardens Marketplace FDP210001 8/24/2022 Galloway & Company, Inc.Page 2 of 7 When replying to the comment letter please be detailed in your responses, as all comments should be thoroughly addressed. Provide reference to specific project plans or explanations of why comments have not been addressed, when applicable, avoiding responses like noted or acknowledged. Response: Noted, refer to this document and blueline responses provided on plans. Comment Number: 5 06/18/2021: FOR FINAL APPROVAL: All "For Final Approval / For Approval" comments need to be addressed and resolved prior to moving forward with the final documents and recording of this project. I will provide a recording checklist and process information when we are closer to this step. Response: Noted. Comment Number: 6 06/18/2021: Staff feels that the cross access easement and off site utility easement finalization should be finalized prior to accepting an additional round of review as pieces of the design are dependent these easements being in place. Please keep in mind that the reception numbers of these deeds may be required to be shown on the plat prior to approval. Response: Understood; please find enclosed with this submittal package the final drafts for Staff’s review. The off-site easements have been sent to the other applicable parties for their signatures. We intend to have them returned soon to KS attorney for final processing and recording. The off-site utility easement between the South College Shops (SCS) and the City; which will utilize the City’s General Deed form, will be submitted in the next few days as it is being reviewed by the SCS attorney. Engineering Development Review – John Gerwel Comment Number: 1 Comment Originated: 02/23/2021 06/27/2022: FOR FINAL APPROVAL - UNRESOLVED Thank you for submitting the Shared Parking Access Easement, Reciprocal Easement Agreement and the Easement Access Agreement. In order to fully review these agreements, we need to see the exhibits that they reference. Would you be able to include those on the next submittal? 06/14/2021: FOR FINAL APPROVAL - UNRESOLVED 04/13/2021: FOR FINAL APPROVAL - UNRESOLVED 02/23/2021: FOR FINAL APPROVAL - UNRESOLVED Offsite access easements are required for the proposed plan to be approved by Engineering. These easements must provide a route that will allow the 20% of vehicles that are leaving the site to the north, to get to the Columbia/College Ave. intersection. If the easements will not or cannot be provided, the TIS will need to be updated to route the 20% of vehicles elsewhere and the other site accesses will need to be reevaluated. This could lead to site changes, additional public infrastructure, etc. if the other site accesses do not function with the additional traffic. Just to be clear, Engineering will not approve any final plans/plat/DA, etc. or issue any permits until this item is resolved. 10/27/2020: FOR HEARING I have not seen letters of intent from the adjacent property owner to the north. This is a typical requirement to proceed to hearing. 08/20/2020: FOR HEARING Per Section 3.3.1© of the City of Fort Collins Land Use Code, this project is responsible for dedicating any easements and/or Rights of Way (ROW) that are necessary or required by the City for this project. Based upon the street sections identified in the Midtown Plan, it looks like there would be a minimum ROW dedication associated with this project of approximately 10 feet along the property frontage for both College Ave. and Drake Rd. There may be more ROW required, depending on roadway improvements such as the bus pullout, turn lanes, etc. The standard 15-foot utility easement will need to be dedicated along the frontage of both College Ave. and Drake Rd. as well. Other potential easements to be dedicated could Midtown Gardens Marketplace FDP210001 8/24/2022 Galloway & Company, Inc.Page 3 of 7 include emergency access (to be determined by PFA), various utility easements (per Stormwater, Utilities, Light and Power), access easement for promenade area, etc. Also, if a shared access easement on the north side of the property will be required by the City, a letter of intent from the adjacent property owner(s) will be required prior to being scheduled for a PDP hearing. Response: Understood; please find enclosed with this submittal package the final drafts for Staff’s review. Comment Number: 4 Comment Originated: 02/23/2021 06/28/2022: DEVELOPMENT AGREEMENT (DA): Please update the DA application to include an individual who can attest to the signing of the developer. 06/14/2021: DEVELOPMENT AGREEMENT (DA) Thank you for submitting the DA information form. I will work with City staff to get the draft agreement finalized and submitted to our City Attorney for review. Once the City Attorney is good with the draft, a copy will be provided for the applicant team to review. 04/13/2021: FOR FINAL APPROVAL - UNRESOLVED City staff is hoping to have all language to me by the end of this week so that I can start on the DA draft. I will not be able to finalize the draft until I receive the completed DA information form from the applicant. 02/25/2021: The draft DA has not been prepared yet. I will continue to coordinate with City staff to finalize a draft and will update you when it is ready for your review. I don't believe the DA information form has been submitted yet either (see previous comment below). I will need this before I can finalize the draft. 02/23/2021: FOR FINAL APPROVAL A Development Agreement (DA) will be required for this project. The DA is an agreement between the property owner and the City of Fort Collins that defines the various standards, infrastructure requirements, maintenance responsibilities, etc. of the owner. A draft of the DA will be prepared by the City during the review and approval process. Prior to preparing this agreement, the applicant will need to provide a completed “Information for Development Agreements” form. This can be submitted with the initial project submittal. A copy of the document can be found at the Engineering web page link below: https://www.fcgov.com/engineering/devrev.php Response: Please see the latest version of the DA Information cover for your use. Comment Number: 16 Comment Originated: 06/24/2022 06/24/2022: FOR APPROVAL: The pdf page numbers in the utility plans do not reflect the sheet numbers. Could you correct this? I believe the issue starts with the addition of sheet C1.16 Response: This has been fixed. Engineering Development Review – Spencer Smith Comment Number: 7 Comment Originated: 02/23/2021 06/14/2021: DEVELOPMENT CONSTRUCTION PERMIT (DCP) Our Chief Engineering Inspector is reviewing the previously submitted cost estimate. I will coordinate with your team once I receive the approval or comments. 04/13/2021: FOR DCP Thank you for submitting the cost estimate. I will forward to our Chief Engineering Inspector for review along with the utility plans. 02/25/2021: FOR DCP (UDATE) The design should close enough to being finalized after this round of revisions that you can prepare an engineer's cost estimate and submit it with your next submittal. This will be reviewed by our Chief Engineering Inspector. Once approved, this will serve as the basis for the public infrastructure inspection fees and surety that will be required for permitting. A template spreadsheet is available on the Engineering Development Review website: https://www.fcgov.com/engineering/devrev.php as well as a DCP application and other information. 02/23/2021: FOR DCP Midtown Gardens Marketplace FDP210001 8/24/2022 Galloway & Company, Inc.Page 4 of 7 A Development Construction Permit (DCP) will need to be obtained prior to starting any work on the Site. Response: Noted, thank you. Traffic Operation – Nicole Hahn Topic: General Comment Number: 3 Comment Originated: 02/24/2021 02/24/2021: FOR FINAL APPROVAL: The Alternative mitigation strategy for the APF constrained intersection can be memorialized in the Development Agreement. 12/15/2020: FOR HEARING: Thank you for the work towards determining an Alternative Mitigation Strategy for the APF constrained intersection of Drake and College. We would like to meet with your team and finalize the mitigation strategy prior to hearing. 10/27/2020: UPDATED: The mentioned memo was not received with this submittal. This projected LOS at College and Drake does not meet our standards. We can schedule a meeting to discuss how we might work with you to find an Alternative Mitigation Strategy. 08/18/2020: The overall short term pm peak hour intersection LOS at College and Drake shows an overall LOS E. This does not meet Adequate Public Facilities requirements in the Land Use Code. What this means is that improvements need to be made to meet LOS E in the short-term total that are feasible / proportional to impact, or an Alternative Mitigation Strategy can be negotiated. Please provide a memo on the expected improvement for right turn overlap (already shown in the TIS), and the addition of a new right turn lane on the EB approach that allows all lanes to move over (and better align) to accommodates EB double lefts (and maybe WB double lefts). If that project would result in measurable improvements, then it may be that a fee in lieu towards that project can be the AMS. If needed, we can schedule a meeting and discuss this further. Response: No new comment(s) to address. Topic: Traffic Impact Study Comment Number: 1 Comment Originated: 02/24/2021 02/24/2021: FOR FINAL APPROVAL: A cross access easement to allow for the distribution of traffic assumed in the TIS is required prior to final approval. 08/18/2020: The TIS has been received and reviewed. Thank for the comprehensive work on the TIS. Please provide approach and movement LOS information. This will help identify whether any variance requests are needed to the LOS requirements in LCUASS chapter 4. Response: No new comment(s) to address. Transportation Planning – Seth Lorson Topic: General Comment Number: 1 Comment Originated: 02/23/2021 06/28/2022: Please include the exhibits in the shared-parking agreement. We cannot review the document without them. 06/15/2021: Thank you for the revised shared-parking agreement. It looks like the exhibits have not been included (site plan and legal description). Also, the signature block for "Deputy City Attorney” needs to change to “Assistant City Attorney.” 04/13/2021: A shared-parking easement to ensure the MAX parking spaces along the guideway (west side of the site) are able to be used by transit patrons, as negotiated and discussed throughout the planning process, is needed. 02/23/2021: Please expand the shared parking easement to include the new spaces along the west side of the site as discussed during the PDP process. Response: The exhibits are now included with the Agreement. Comment Number: 5 Comment Originated: 06/28/2022 Midtown Gardens Marketplace FDP210001 8/24/2022 Galloway & Company, Inc.Page 5 of 7 06/28/2022: Please coordinate with Bill Griffith <bgriffith@fcgov.com> to purchase and install the transit shelter and associated amenities for the Type III bus stop on Drake Street. Response: Noted. Topic: Site Plan Comment Number: 4 Comment Originated: 06/28/2022 06/28/2022: The Land Use table on the site plan shows only 59 shared parking spaces but agreement is for 101. Please revise accordingly. Response: Land use table updated per latest shared parking agreement. Stormwater Engineering – Matt Simpson Topic: General Comment Number: 5 6/28/2022: REPEAT COMMENT: Please provide the signed easements. 06/16/2021: FOR APPROVAL REPEAT COMMENT: I recognize your response. Please provide these with the next submittal. 02/23/2021: FOR APPROVAL: Please provide temporary construction easements any offsite abandonment on adjacent properties. Response: Understood; please find enclosed with this submittal package the final drafts for Staff’s review. The off-site easements have been sent to the other applicable parties for their signatures. We intend to have them returned soon to KS attorney for final processing and recording. Water-Wastewater Engineering – Matt Simpson Topic: General Comment Number: 1 6/28/22: REPEAT COMMENT: Please provide the signed easement. 06/18/2021: FOR APPROVAL - UPDATED: Thank you for showing the waterline in the alignment north of the property line. For Approval the offsite Utility Easement will need to be provided. 04/16/2021: FOR APPROVAL - UPDATED: Thank you for the on-going dialogue on this item. Once this is resolved on your end, please send updated Landscape and Utility Plans to Matt Simpson and Kai Kleer for courtesy review and feedback prior to submittal. 02/23/2021: FOR APPROVAL – REPEAT COMMENT FROM PDP: The proposed water main on the northside of the building needs a different alignment that does not include the additional horizontal bends. These plans also show a proposed water main lowering along this section. We do not want the watermain in this location or the lowering if it can be avoided. The redlines I have provided show 2 options for alternate alignments. The preferred location for this main is north of the property line. How are negotiations going with the adjacent property owner for a utility easement? Please contact me to discuss. Response: Understood; please find enclosed with this submittal package the final drafts for Staff’s review. The off-site easements have been sent to the other applicable parties for their signatures. We intend to have them returned soon to KS attorney for final processing and recording. Light & Power – Cody Snowdon Topic: General Comment Number: 4 06/28/2022: FOR INFORMATION: The relocated streetlights within the median of College Avenue and along the western frontage of College Avenue will need to be rewired with new conduit to the next existing streetlight. All permits and installation expense will be the responsibility of Midtown Gardens Marketplace FDP210001 8/24/2022 Galloway & Company, Inc.Page 6 of 7 the development. Please see redlines on the conceptual scope of work. Response: Plans revised to show proposed new conduit to connect relocated light poles to existing street lights. Ref utility plans and schedule items 63 and 64. Forestry – Carrie Tomlinson Topic: General Comment Number: 49 Comment Originated: 06/29/2022 06/29/2022- FOR FINAL APPROVAL Please review all redlines and apply the following standards to all sheets in plan set. 1. Please mark all critical root zones on demo plans, site plans and on landscape plans on trees to be saved (as you have on the tree preservation sheet) 2. Please include language on all sheets showing preserved trees that any activity around preserved trees requires a call to city forestry for inspection prior to activity. Response: Critical root zones have been added to landscape plan but has been omitted from the site and demo plan for plan clarity. Further description has been added to callouts on the demo and site plan to read as follows for all existing trees to remain: “EXISTING TREE TO REMAIN (PROTECT IN PLACE). REF SHEET L0.0 FOR CRITICAL ROOT ZONE FOR EACH TREE TO BE PRESERVED ON SITE & TREE PROTECTION NOTES & DETAILS. CONTRACTOR TO CONTACT CITY FORESTRY PRIOR TO ANY ACTIVITY AROUND PROTECTED TREES ONSITE.” Note, City of Fort Collins Tree Protection Notes have also been included on the demo plan. Comment Number: 50 Comment Originated: 06/29/2022 06/29/2022- FOR FINAL APPROVAL Please review all redlines and pull back all landscape material a minimum of 5 feet from the base of existing trees on your landscape plan. Also do not place any control boxes or irrigation lines within the critical root zones of existing trees without inspection by City Forestry by contacting Carrie Tomlinson at ctomlinson@fcgov.com Response: Landscape plans have been updated per comment, ref updated plans. Comment Number: 51 Comment Originated: 06/29/2022 06/29/2022- FOR FINAL APPROVAL Please review all redlines and please move any trees planted too close to sidewalk to 5 feet away from the sidewalk at a minimum. Response: Landscape plans have been updated per comment, ref updated plans. Comment Number: 52 Comment Originated: 06/29/2022 06/29/2022: Please review tree protection standards and understand that all tree protection must be installed prior to any demolition activity on site, including signage that says, "Tree Protection Area". Response: Noted. Comment Number: 53 Comment Originated: 06/29/2022 06/29/2022 FOR INFORMATION Please understand if any trees are damaged during construction due to violation or negligence of following the tree preservation plans, mitigation requirements will be enforced by City Forestry. It is better to call forestry first if you have any questions. This plan requires intricate tree preservation techniques which will require close coordination with forestry personnel. Please contact before doing anything around the trees on this site. Call ctomlinson@fcgov.com for any questions. Response: Noted. Midtown Gardens Marketplace FDP210001 8/24/2022 Galloway & Company, Inc.Page 7 of 7 Technical Services – Jeff County Topic: General Comment Number: 18 Comment Originated: 06/29/2022 06/29/2022: FOR FINAL APPROVAL: We will need to review the Shared Parking Access Easement once it is finalized. Response: Understood; please find enclosed with this submittal package the final drafts for Staff’s review. Topic: Plat Comment Number: 1 Comment Originated: 02/23/2021 06/29/2022: FOR FINAL APPROVAL-UPDATED: Please make changes as marked. If changes are not made or you disagree with comments, please provide written response of why corrections were not made. Please provide any responses on redlined sheets and/or in response letter. If you have any specific questions about the redlines, please contact John Von Nieda at 970-221-6565 or jvonnieda@fcgov.com 06/14/2021: FOR FINAL APPROVAL-UNRESOLVED: Please make changes as marked. If changes are not made or you disagree with comments, please provide written response of why corrections were not made. Please provide any responses on redlined sheets and/or in response letter. 04/13/2021: FOR FINAL APPROVAL: Please make changes as marked. If changes are not made or you disagree with comments, please provide written response of why corrections were not made. Please provide any responses on redlined sheets and/or in response letter. 02/23/2021: FOR FINAL APPROVAL: Please make changes as marked. If changes are not made or you disagree with comments, please provide written response of why corrections were not made. Please provide any responses on redlined sheets and/or in response letter. Response: Plat revised per comments. GIS Services – Lauren Wade Topic: General Comment Number: 1 06/28/2022: GIS has no comments to provide at this time. Response: Noted. Water Conservation – Eric Olson Topic: General Comment Number: 1 02/12/2021: Irrigation plans are required no later than at the time of building permit. The irrigation plans must comply with the provisions outlined in Section 3.2.1(J) of the Land Use Code. Direct questions concerning irrigation requirements to Eric Olson, at 221-6704 or eolson@fcgov.com. Response: Irrigation plans have been provided with Final Development Plans with prior and current submittals. Sincerely, GALLOWAY (303) 770-8884 Aaron McLean Development Services Project Manager AaronMcLean@GallowayUS.com Phil Dalrymple, PE Civil Engineer Project Manager PhilDalrymple@GallowayUS.com