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HomeMy WebLinkAboutRIVERSIDE COMMUNITY SOLAR GARDEN - FDP - FDP140027 - CORRESPONDENCE - OTHER JURISDICTIONS • r, UNION PACIFIC RAILROAD 1400 Douglas Street.Stop 1580 Patrick R.McGill/UPC Senior Counsel-Real Estate,Law Dept. Omaha.Nebraska 68179 P 402 544 5761 F 402 997 3603 prmcgill@up,com November 12, 2014 VIA EMAIL ONLY: rmounce@fcgov.com City of Fort Collins Planning Department Attn: Ryan Mounce, Project Planner PO Box 580 Fort Collins, CO 80522-0580 Re: Comments to Notice of Riverside Community Solar Garden File No. FDP140027 ("Project") Dear Mr. Mounce: Thank you for allowing Union Pacific Railroad Company ("UP") the opportunity to submit the following comments in response to the City's notice on the above-referenced Project. UP is a Delaware corporation that owns and operates a common carrier railroad network in the western half of the United States, including the State of Colorado. The proposed Project location runs along UP's main line corridor. Additionally, there is an at- grade rail crossing over these main line tracks on nearby East Mulberry Street. UP believes that maintaining industrial use areas along existing rail corridors reflects good land use planning. UP requests that if the City considers approving the Project, the City should examine the risks associated with locating a trail and other community use so near to an active rail corridor. The Project likely will result in increased pedestrian, vehicular and bicycle traffic near and over the railroad tracks. Increased likelihood of trespassing on the railroad right-of-way should be expected as well. At-Grade Rail Crossing Safety The safety of UP's employees, customers, adjoining land owners, and the communities we operate through is our top priority. At-grade rail crossings are areas where railroad operations and the public come into close contact. Due to the proximity of the East Mulberry Street rail crossing to the Project location and the Project's proposed access, we recommend vAt Ve www.up.com BUILDING AMERICA' ti - City of Fort Collins November 12, 2014 the City notify UP and the Colorado Public Utilities Commission to schedule a diagnostic meeting regarding the proposed Project. Appropriate modifications to the street siding and warning devices on the rail crossing may need to be included as part of the Project. Should the Project be approved, UP suggests the City consider holding railroad and crossing safety presentations, such as Operation Lifesaver, for the public on appropriate basis. Increased Traffic Impact An increase of pedestrian, vehicular and bicycle traffic may conflict with train operations by causing trains to proceed more slowly through the City, and/or make more frequent emergency stops, which would make rail service less effective and efficient. Any increase in traffic from the Project may also render inadequate the current safety devices in place on the East Mulberry Street crossing and other nearby at-grade crossings. Should this Project be approved, UP requests that the City examine any increase in traffic and implement appropriate mitigation measures, such as any appropriate modifications to the nearby rail crossings and proposed access to the Project. Trespassing Any increase in pedestrian and bicycle traffic will increase the likelihood of trespassing onto the railroad right-of-way. UP requests that the City examine the Project impacts associated with the increased likelihood of trespassing and set forth appropriate mitigation measures. In particular, the City should require the developer to install barrier walls or block fences, pavement markings, and/or "no trespassing" signs designed to prevent individuals from trespassing onto the railroad tracks. Additionally, buffers and setbacks should be required adjacent to the right-of-way. Drainage UP requests the City ensure that the drainage plan relating to the Project does not shift storm water drainage toward UP property and infrastructure. Any runoff onto UP's property may cause damage to its facilities resulting in a potential public safety issue. If the Project is approved,we ask that the City require the applicant to mitigate all safety risks and the impacts of the railroad's 24-hour operations during the construction of the Project. Trees and Shrubbery Any proposed trees or shrubbery near UP's property line may become a rail safety issue in the future. Any growth of the proposed trees or shrubbery onto UP property may result in UP needing to trim them to the property line, which could affect the health and life of the plants. Moreover, any maintenance of the trees or shrubbery on UP property could be disruptive to UP's operations. If the City considers approving the Project, UP requests that any trees or shrubbery required for the Project be planned so as not to encroach onto UP property. City of Fort Collins November 12, 2014 Noise and Vibration Impact UP appreciates the City giving due consideration to the above concerns, as this proposed Project may result in impacts to land use and public safety. Please give notice to UP of all future hearings and other matters with respect to the Project as follows: Schia M. Cloutier Manager, Real Estate Union Pacific Railroad Company 1400 Douglas Street - STOP 1690 Omaha, NE 68179 (402) 544-8805 smeloutier(c?up.com Please do not hesitate to contact Schia Cloutier if you have any questions or concerns. Sincerely, Patrick R. McGill Senior Counsel Real Estate Union Pacific Railroad Company cc: Schia M. Cloutier e.