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HomeMy WebLinkAboutSupporting Documentation - Response to Comments - 05/21/2025 May 21, 2025 Community Development and Neighborhood Services Brandy Bethurem Harras 281 North College Avenue PO Box 580 Fort Collins, CO 80522 bbethuremharras@fcgov.com Dear Ms. Bethurem Harras, Thank you for your coordinated review of the SWC Drake/College BDR submittal, the comments for which we received on May 2, 2025 . The comments have been addressed in the resubmittal materials attached, please see our team’s written responses to staff and referral agency comments in the following pages. We look forward to continuing to work with you and your colleagues at the City of Fort Collins. Sincerely, Norris Design Ryan McBreen Principal COMMENT SUMMARY 01/14/2025: INFORMATION: I will be your primary point of contact throughout the development review and permitting process. 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. Please include me in all email correspondence with other reviewers and keep me informed of any phone conversations. Thank you! Response: Thank you Brandy. 01/14/2025: SUBMITTAL: As part of your submittal, a response to the comments provided in this letter and a response to plan markups is required. The final letter is provided to you in Microsoft Word format. Please use this letter to insert responses to each comment for your submittal, using a different font color. Please use the markups to insert responses to each comment on plans. Please do not flatten markup responses. Provide a detailed response for any comment asking a question or requiring an action. Any comment requesting a response or requiring action by you with a response of noted, acknowledged etc. will be considered not addressed. You will need to provide references to specific project plans, pages, reports, or explanations of why comments have not been addressed [when applicable]. Response: We believe we have provided thorough responses within this document and associated redlines as part of this resubmittal. 01/14/2025: SUBMITTAL: Correct file naming is required as part of a complete submittal. Please follow the Electronic Submittal Requirements and File Naming Standards found here: https://www.fcgov.com/developmentreview/files/electronic-submittal-requiremen ts-and-file-naming-standards_v1_8-1-19.pdf?1703783275 File names should have the corresponding number, followed by the file type prefix, project information, and round number. For example: 1_SITE PLAN_Project Name_FDP_Rd1. A list of numbers and prefixes for each file can be found at the link above. Response: We believe everything has been named per the requested naming convention. 01/14/2025: SUBMITTAL: All plans should be saved as optimized/flattened PDFs to reduce file size and remove layers. Per the Electronic Submittal Requirements AutoCAD SHX attributes need to be removed from the PDF’s. AutoCAD turns drawing text into comments that appear in the PDF plan set, and these must be removed prior to submittal as they can cause issues with the PDF file. The default setting is "1" ("on") in AutoCAD. To change the setting and remove this feature, type "EPDFSHX" (version 2016.1) or “PDFSHX (version 2017 and newer) in the command line and enter "0". Read this article at Autodesk.com for more on this topic: https://knowledge.autodesk.com/support/autocad/troubleshooting/caas/sfdcarti cles/sfdcarticles/Drawing-text-appears-as-Comments-in-a-PDF-created-by-Aut oCAD.html Response: All items have been optimized, as requested. 01/14/2025: SUBMITTAL: Resubmittals are accepted any day of the week, with Wednesday at noon being the cut-off for routing the same week. When you are preparing to resubmit your plans, please notify me with an expected submittal date with as much advanced notice as possible. Response: Understood. Thank you. 01/14/2025: INFORMATION: Please resubmit within 180 days, approximately 6 months, to avoid the expiration of your project. Response: Understood. Thank you. 05/02/2025: INFORMATION - UPDATED: Given that only a few clean-up items remain for this project, there will be no charge for the next submittal of the BDR. However, if further review is required beyond that next submittal and prior to issuance of the decision letter, the additional review fee of $3,000.00 will apply. 01/14/2025: INFORMATION: ANY project that requires four or more rounds of review would be subject to an additional fee of $3,000.00. Response: Understood. Thank you. 01/14/2025: NOTICE: A Development Review sign will be posted on the property. This sign will be posted through the final decision and appeal process. A request for the removal of signs will be made by your Development Review Coordinator at the appropriate time. Response: Understood. Thank you. 04/14/2025: FOR RECORDING – PLAT AND PLANNING SET – UPDATED: Thank you for updating the date format. Could you please add “or Designee” following the signature line titles. 02/14/2025: FOR RECORDING – PLAT AND PLANNING SET: 01/14/2025: FOR RECORDING – PLAT AND PLANNING SET: Could you please update the City signature blocks on the Plat and Planning Set? Instead of using "this _______ day of ______A.D., 20____," could you opt for "on this day, __________" for the date? This alternative format facilitates smoother date input with digital signatures. Please update the Signature Line, from "Director" to CDNS Director or Designee OR Director of Community Development and Neighborhood Services or Designee. Response: Plat updated. 05/02/2025: FOR APPROVAL: The Director will make a decision to either approve, approve with conditions, or deny the application. This decision will be based on whether the proposal meets the requirements outlined in Step 8 of the Common Development Review Procedures (Section 6.3.8). We will send a written decision to the applicant, any individuals who provided comments during the review period, and nearby property owners. The decision will also be posted on the City’s website at fcgov.com/developmentreview/proposals Response: Understood. Thank you for this information. 05/02/2025: FOR APPROVAL: Once the decision has been finalized by the Director, there is a two-week appeal period from the date of the signed decision. The project is not able to be recorded until it is confirmed there are no appeals. Response: Understood. Thank you for this information. 05/02/2025: FOR 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: Understood. Thank you for this information. We believe these materials address all comments marked as “For Approval.” 04/29/2025: INFORMATION: Planning Services review is complete. Response: Understood. Thank you for your review of these applications and assistance throughout this process. 04/29/2025: FOR APPROVAL- UPDATED: I am coordinating with the City Attorney's Office to determine the best timing for the conditional right-of-way vacation. Response: Great, thank you. The Project team has been coordinating directly with Lumen regarding the service line and ROW Vacation. A discontinuance (60 day process) for the existing line was submitted in early May. Based on discussions with Lumen, it appears that this disconnection would make Lumen comfortable with the ROW Vacation. This information was shared with City staff and staff indicated that next steps were to continue with the conditional ROW vacation, which would put this item on the City Council consent agenda (1st reading on June 17 and 2nd reading on July 1). Thank you for the coordination! 03/17/2025: FOR APPROVAL - UPDATED: What is the status of Lumen's objection to the Right-of-Way Vacation? If there are facilities that need to be relocated from the ROW vacation area, we can explore the possibility of a conditional ROW vacation. 01/13/2025: FOR APPROVAL: Thank you for applying for a Right-of-Way Vacation for the alley dedicated by the Ghent Subdivision. The ROW vacation is under review by City staff and external utility providers. If I receive any feedback from impacted parties after this Round 1 comment letter is delivered, I will reach out to your team over email. The ROW vacation will need to be approved by City Council before the plat for this project can be approved and recorded. 04/29/2025: FOR APPROVAL - UNRESOLVED: The new geotechnical report has not been provided yet. Response: A Geotech report is be prepared and will provided once complete. 03/13/2025: FOR APPROVAL - UNRESOLVED: As discussed via email on January 23, the new geotechnical report will be required before the project can be approved, and if groundwater is encountered less than 5 feet below ground surface, a subsurface hydrologic report would also be required before the project could be approved. 01/13/2025: FOR APPROVAL: The geotechnical report is outdated. With Round 2, please submit either a new geotechnical report or a letter from the geotechnical engineer who stamped the 2018 report stating that the report is still valid. 04/28/2025: INFORMATION - UPDATED: The variance request for utility easement width along Drake Road has been approved by the City Engineer on April 25, 2025. Response: Great news. Thank you. 03/17/2025: FOR APPROVAL - UPDATED: This variance request has been routed to the applicable utility providers for review. Once I have received the feedback from the utility providers, I will determine if the variance request is ready for a decision by the City Engineer, and I will notify the applicant team of the decision. 01/13/2025: FOR APPROVAL: The variance request for the easement width does not meet the criteria of LCUASS 1.9.4. and therefore, it is not ready for review by the City Engineer. Please see my notes on the variance request, revise and resubmit with Round 2. 04/28/2025: INFORMATION - UPDATED: The DA draft is currently being reviewed by the City Attorney's Office. I hope to be able to provide the first draft to the applicant team in the next couple of weeks. Response: Understood. Please send our way as soon as you are able. Thank you. 03/17/2025: INFORMATION: City staff are working on draft language for the DA. Once the City Attorney's Office has reviewed the draft; I will email it to the applicant team. 01/14/2025: DEVELOPMENT AGREEMENT - REVISED: A Development Agreement will be required for this project. Please fill out and submit the DA Information form with Round 2. If you would like to request a scoping meeting to discuss major topics to be included in the DA, please email Brandy and me. 04/29/2025: FOR APPROVAL - UPDATED: I am coordinating with Environmental Planning and the City Attorney's Office to determine if a Phase II assessment or remediation will be required for the area being dedicated by this project as public right-of-way-. Response: Thank you the information. We are continuing to work with Environmental Planning to ensure that we meet the necessary standards. 03/18/2025: FOR APPROVAL: What is the applicant team's intended timing for remediating the contamination on the property? It might be possible for the remediation to begin under an excavation permit while the project is still in the City's Development Review Process. 05/02/2025: FOR APPROVAL: Will this project be installing irrigation sleeve along its College and Drake frontage, to facilitate future tree planting by the City Capital Project? Response: Yes, additional detail to the irrigation plans, including sleeving will be provided with the Final Irrigation Plan provided at permit. 04/28/2025: FOR APPROVAL - UPDATED: In coordination with CDOT appropriate access permits will be required for final approval for this BDR. The applicant will need to fill these out and route the City for signatures prior to submittal to CDOT. Please reach out when these are ready for City signatures. Response: Noted, the CDOT access permits have been filled out and are ready for signatures. The team plans to route the permits for signatures following approval by the City. 03/05/2025: FOR APPROVAL UPDATED: Please include any correspondence that you have had with CDOT regarding updated access permit requirements. If changes are required within the TIS to meet their standards we would like to have this addressed prior to approval. 01/14/2025: FOR APPROVAL: This project will need to be routed to the Colorado Department of Transportation CDOT for review and required access permitting. Please contact Tim Bilobran and Allison Young, Region 4 Access Management. Tim Bilobran <timothy.bilobran@state.co.us> , Young - CDOT, Allyson <allyson.young@state.co.us> 04/28/2025: FOR APPROVAL- UPDATED: See minor redlines. Please detail line types/color. Response: The updated utility plans have been updated based on the redlines, thank you. 03/05/2025: FOR HEARING - UPDATED: MOVED FROM ODP See redlines provided for the restriping and delineators that will need to be installed on Drake to restrict that access to a right-in/right-out. Please reach out if there are any questions. 01/14/2025: FOR APPROVAL: The City of Fort Collins Capital Improvement project has plans to eliminate the westbound/northbound left turn from the Drake access with the addition of a median. Taking into consideration the Capital Project is not funded and moving forward, we will need to discuss how to restrict this access point. In addition, we may need to further discuss adjacent frontage improvements that might be required, such as ADA accessibility and the dedicated right turn lane that was partially funded with the King Soopers Project at College and Drake. 04/28/2025: FOR APPROVAL UPDATED: MOVED FROM ODP: Thank you for coordinating the changes we discussed to the location where the side path meets the frontage road. Please add OM4-3 signs to the back of the proposed signs so that they are visible from SB as well. See redlines. Response: KH: The updated utility plans have been updated to include this signage. 03/11/2025: FOR APPROVAL UPDATED: MOVED FROM ODP: The sidewalk connectivity on the south side of the College access may need to be addressed further. There are concerns with the way this is depicted and we want to make sure the sidewalk ties into the existing sidewalk along the businesses to the south. This will affect the final signing and striping plan. 01/14/2025: INFORMATION: Any existing signs and pavement markings removed during construction will be the responsibility of the developer to replace. Please coordinate with our Signs and Pavement Markings Manager, Rich Brewbaker if signs need to be removed by the City. rbrewbaker@fcgov.com 04/28/2025: FOR FINAL RECORDING OF BDR: A proportional share was calculated and sent with the draft Development Agreement language. We will need to have this finalized prior to final recording of the BDR as long as there is the general acceptance by the development to help mitigate the impacts of the College and Drake intersection within the ODP. Response: Noted, thank you. We’ll be sure to review this aspect once the DA is provided, however, the general outline/approach that staff has communicated makes sense and is acceptable to the team. 04/28/2025: FOR APPROVAL- UPDATED: Please address minor comments on the redlined Utility Plans. Response: No redline comments were included within the latest utility plans shared from the City. The previous redlines from the 2nd BDR have been addressed. City Staff indicated that there were no issues and the project team can proceed with the submittal as shown. 03/20/2025: FOR APPROVAL: Please see/address updated redlines on the Utility Plans and the Erosion Control Security Estimate. 01/09/2025: For Approval or Final Plan: Please review the redlines on the Erosion Control Plans within the Utility Plan Set, The Erosion Control Report and The Erosion Escrow Calculation for required corrections. Contact acrecca@fcgov.com with any questions. 04/28/2025: DCP: 03/20/2025: The City Manager’s development review fee schedule under City Code 7.5-2 was updated to include fees for Erosion Control and Stormwater Inspections. As of January 1st, 2021, these fees will be collected on all projects for such inspections. The Erosion Control fees are based on, the number of lots, the total site disturbance, the estimated number of years the project will be active. Based on the proposed site construction associated with this project we are assuming 4 lots, 6.83 acres of disturbance, 1 year from demo through build out of construction and an additional 3 years until full vegetative stabilization due to seeding. Which results in an Erosion Control Inspection Fee estimate of $1,381.44. The Stormwater Quality Inspection Fee is based on the number of LID/WQ Features that are designed for this project. Based on the plans we identified 1 underground treatment system which results on an estimate of the Stormwater LID/WQ Inspection fee of $ 415. Please note that as the plans and any subsequent review modifications of the above-mentioned values change the fees may need to be modified. I have provided a copy of the spreadsheet used to arrive at these estimates for your review. The fee will need to be paid prior to commencing any construction on the site. Response: Noted, thank you. 04/29/2025: FOR APPROVAL- UPDATED: Please review, address, and respond to the Water Utilities markups on the Utility Plans. Response: Noted, thank you. The latest plans have been updated based on the provided markups. 03/18/2025: FOR APPROVAL: Please review, address, and respond to the Water Utilities markups on the Utility Plans. 04/30/2025: L&P has no further comments. The below comments are informational only. Response: Thank you for your review. 01/16/2025: INFORMATION: When L&P re-feeds the existing lots 1,2 and 3 of Walters Subdivision, we will need to re-route existing primary electric that is in a single conduit. There is a small risk (worst case scenario) that L&P would need to re-bore the existing conduit in the event of damaged cable or conduit. If this situation would take place, the development would be responsible for all cost associated with re-feeding the existing lots. Response: Noted, thank you. 01/16/2025: INFORMATION: Electric capacity fees, development fees, building site charges and any system modification charges necessary to feed the site will apply to this development. Please contact me to discuss development fees or visit the following website for an estimate of charges and fees related to this project: http://www.fcgov.com/utilities/business/builders-and-developers/plant-investment-development-fees Response: Noted, thank you. 01/16/2025: INFORMATION: Any existing electric infrastructure that needs to be relocated or modified as part of this project will be at the expense of the developer. Please coordinate relocations with Light and Power Engineering. Response: Noted, thank you. 01/16/2025: INFORMATION: All utility easements and required permits (crossing agreements, flood plain, etc.) needed for the development will need to be obtained and paid for by the developer. L&P may need a utility easement obtained from the lots to the south east to feed the proposed development. Response: Noted, thank you. An 8’ electric and telecom easement was incorporated to the southeast of Private Drive B to allow for electric and telecom lines to feed the proposed development. 01/16/2025: INFORMATION: Please document the size of the electrical service(s) that feeds the existing property prior to demolition of the building to receive capacity fee credits. Response: Noted thank you. 01/16/2025: INFORMATION: You may contact Luke Unruh with project engineering if you have questions. lunruh@fcgov.com. You may reference Light & Power’s Electric Service Standards at: https://www.fcgov.com/utilities/img/site_specific/uploads/electricservicestandards.pdf?1645038437 You may reference our policies, development charge processes, and use our fee estimator at http://www.fcgov.com/utilities/business/builders-and-developers Response: Noted, thank you. 04/29/2025: FOR APPROVAL - UPDATED: 02/27/2025: FOR APPROVAL: Contaminants (chloroform and ethylbenzene) have been identified on site from a Phase I Environmental Site Assessment (ESA) for this site . Phase II reports have been completed and have different recommendations. Please discuss with City of Fort Collins Environmental Planning what the remediation plan will be based on the recommendations of the Phase II reports. Language will be included in the Development Agreement noting the requirement for remediation on site for the contaminants with development. Additionally, please include the following note on the plan, "There is known contamination that must be remediated prior to any future development. Refer to the remediation plan approved by the state generated from the Phase II Environmental Site Assessment (ESA)." Response: Thank you the information. We are continuing to work with Environmental Planning to ensure that we meet the necessary standards. Comment Number: 7 04/14/2025: FOR APPROVAL: Please add the following to the Native Seed Mix Notes: 1.THE TIME OF YEAR SEEDING IS TO OCCUR SHOULD BE NOVEMBER THROUGH EARLY MAY. Response: This note as been added. And please change #6 to read: 8.AFTER SEEDING THE AREA SHALL BE COVERED WITH CRIMPED STRAW, JUTE MESH, HYDROMULCH, OR OTHER APPROPRIATE METHODS. PLASTIC-BASED EROSION CONTROL MATERIALS (I.E., PLASTIC-WELDED BLANKETS) SHALL NOT BE USED AS THESE MATERIALS HAVE PROVEN TO CAUSE WILDLIFE ENTRAPMENT ISSUES. Response: This note has been revised. Contact: Kirk Longstein klongstein@fcgov.com 970-416-4325 Topic: General 4/30/2025: FOR APPROVAL - UPDATED Potential risk exists in the Drake Road right-of-way due to adjacent UST site. Further assessment—The scope of the Phase II environmental assessment needs to be expanded to the Drake ROW focused on downgradient plume movement or expanded soil gas/groundwater sampling—would be needed to confirm risk in the right-of-way. if contamination has been found to expand into the ROW, the City will require a security/bond to cover the cost of any required remediation. Response: Thank you the information. We are continuing to work with Environmental Planning to ensure that we meet the necessary standards. 04/08/2025: FOR APPROVAL: Further investigation of the soil gas contaminants is proposed in the Right of Way (ROW). Please address how potential contaminants will be remediated in the ROW. The scope of the problem needs to be fully understood. Have the underground storage tanks and hydraulic lifts have been removed that were noted in the Phase II report in 2018? Have the contaminants migrated to the ROW over time? Response: Thank you the information. We are continuing to work with Environmental Planning to ensure that we meet the necessary standards. 04/30/2025: FOR APPROVAL - UNRESOLVED: 03/18/2025: FOR APPROVAL: Please add the following to the Landscape Plan: The Developer, or its successor(s) in interest, shall be responsible for the ongoing irrigation and maintenance of the landscaping located within the public right-of-way along the portion of W. Drake Rd. and S. College Ave. that abuts the Property as shown on the Final Development Plan Documents. This obligation may be assigned to a home owners association duly constituted pursuant to Colorado state law, however, should such home owners association be dissolved, the obligation shall become that of the Developer or its successor(s) in interest. Response: This note has been added to the landscape plan. 04/25/2025: FIRE LANE LOADING - IFC Appendix D102.1 amendment Fire lanes shall be designed as a flat, hard, all-weather driving surface capable of supporting 80,000 pounds. Private drives used for fire lanes shall provide information confirming the design can handle fire truck loading. I apologize if I missed this on earlier rounds but a note will need to be added to the civil plans indicating all areas dedicated as EAE are capable of supporting 80,000 pounds. 12. Response: The following note was added to the paving and signage plan sheets: “The drive areas within the dedicated Emergency Access Easement must be capable of supporting 80,000 pounds.” 04/29/2025: FOR FINAL APPROVAL- UPDATED: Please make changes as marked in the Technical Services (TS) markup PDF. 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 markups, please contact John Von Nieda at 970-221-6565 or jvonnieda@fcgov.com Response: Comments have been updated as requested. 03/18/2025: BUILDING PERMIT: Final 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 irrigationdr@fcgov.com Response: Thank you for this information. 03/17/2025: BUS STOP: Upon construction of the Drake Road frontage, a Type 3 bus shelter is required to be installed. Please see the Transfort Bus Stop Design Standards and Guidelines for details: http://www.ridetransfort.com/img/site_specific/uploads/Final_Design_Standard s.pdf) To coordinate purchase and installation of the shelter, please contact Gretchen Gramling <ggramling@fcgov.com>. Response: Noted, thank you. 04/29/2025: BUS STOP: Utility plans note a Type III constrained bus stop. This site is a full redevelopment with no constraints. An exhibit and adequate justification for an constrained bus stop will need to be submitted to justify this proposal. Response: Thank you for your coordination on this item. As discussed, the notes were updated to call out a Type III Wide Parkway (detached walk) bus stop. Note that the additional detail (furnishing, dimensions, etc.) are included on Sheet C5.0 for clarity.