HomeMy WebLinkAboutSupporting Documentation - Response to Comments - 02/24/2023
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Response To Comments from February 24, 2023
Peakview Annexation No. 2, ANX230001, Round Number 1
Comment Summary:
Department: Development Review Coordinator
Contact: Brandy Bethurem Harras, 970-416-2744, bbethuremharras@fcgov.com
Topic: General
Comment Number: 1
02/06/2023: 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: Sounds good! Comment requires no action.
Comment Number: 2
02/06/2023: SUBMITTAL:
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.
When replying to the comment letter please be detailed in your responses, as
all comments should be thoroughly addressed. Comments requiring action
should NOT have a response such as noted or acknowledged. You will need to
provide references to specific project plans, pages, reports, or explanations of
why comments have not been addressed [when applicable].
Response: This response to comments document addresses this comment.
Comment Number: 3
02/06/2023: SUBMITTAL:
Please follow the Electronic Submittal Requirements and File Naming
Standards found at https://www.fcgov.com/developmentreview/files/electronic
submittal requirements and file naming standards_v1_8 1 19.pdf?1566857888.
File names should begin with the file type, followed by the project information,
and round number.
Example: UTILITY PLANS_PROJECT NAME_PDP_Rd2.pdf
File type acronyms maybe appropriate to avoid extremely long file names.
Example: TIS for Traffic Impact Study, ECS for Ecological Characterization
Study.
Reach out to me if you would like a list of suggested names.
*Please disregard any references to paper copies, flash drives, or CDs.
Response: See file names on resubmittal, which comply with this comment.
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Comment Number: 4
02/06/2023: 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: As submitted.
Comment Number: 5
02/06/2023: 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: Sounds good! Comment requires no action.
Comment Number: 6
02/06/2023: INFORMATION:
Please resubmit within 180 days, approximately 6 months, to avoid the
expiration of your project.
Response: Per Clay Frickey, because we have been in constant negotiation on the zoning with city staff, we have
been considered making progress, and he assured us we don’t have to worry about it expiring.
Comment Number: 7
02/06/2023: INFORMATION:
ANY project that requires four or more rounds of review would be subject to an
additional fee of $3,000.00.
Response: Sounds good! Comment requires no action.
Comment Number: 9
02/06/2023: PRIOR TO INITIATING RESOLUTION:
For the City Clerk's Office, I will need to receive four paper copies of the signed
annexation map at minimum, one week prior to the initiating resolution with City
Council. These will be delivered to my attention at the Development Review
Center, 281 N College Ave.
Response: Sounds good! Comment requires no action at this time.
Comment Number: 10
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02/06/2023: 2.12.5 - Effective Date of Annexation
An annexation shall take effect upon the last to occur of the following events:
(1) the tenth (10th) day following passage on second reading of the annexation
ordinance (except for emergency ordinances); and (2) the filing for recording of
three (3) certified copies of the annexation ordinance and map of the area
annexed, containing a legal description of such area, with the Larimer County
Clerk and Recorder.
Response: Sounds good! Comment requires no action.
Comment Number: 8
02/06/2023: FOR HEARING(S):
All "For Hearing / For Final Approval" comments need to be addressed and
resolved prior to moving forward with scheduling the Hearings.
Staff would need to be in agreement the project is ready for Hearing
approximately 3-5 weeks prior to the hearings.
Response: Sounds good! Comment requires no action.
Department: Planning Services
Contact: Kai Kleer, 970-416-4284, kkleer@fcgov.com
Topic: General
Comment Number: 1
02/20/2023 FOR HEARING:
Thank you for the analysis provided in the Zoning Justification letter. Though the
analysis does a good job of relating City Plan it fails to acknowledge the last
paragraph on p.94 which states, "The City maintains a number of adopted
subarea and neighborhood plans that include a land use component. These
plans are adopted by reference and should be referred to for more detailed
guidance." The more specific guidance of the East Mulberry Corridor Plan is
the foundation of staff's recommendation for zoning on this site.
As you mention in your narrative, the City is currently in the process updating the
EMCP Plan which will eventually feature an updated Framework Plan Map that
is aligned to a renewed community vision and market analysis. Because this
annexation pre-dates the completion of the plan, staff believes there may be an
opportunity for Planning, Economic Health, and the Applicant to scope a
land-use market analysis to help resolve the tension between what is being
proposed and that guidance staff is operating under from the EMCP.
From a rough perspective, the analysis should address and contain the
following:
• Plausibility of this location (Greenfields/Mulberry) for a grocery store.
• Considers multiple grocery store formats, from something along the lines of
a Sprouts/Trader Joe's up to the 110k sf Kroger concepts.
• Includes details about the market study area, and accounts for future growth
coming in NE Fort Collins
• Identifies (if any) what site attributes are detrimental to a grocery anchored
commercial center (e.g. is visibility, traffic counts, number of households not
favorable?)
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• Exhibit demonstrating how a grocery store of X-size could fit within the
shape/size of the NC zoned area.
Response: After splitting the cost of a market study, and after much back and forth on what the results
of that market study translates into as far as appropriate commercial zoning within the area being
annexed, it’s my understanding that both the city and the development team agree that there will not be
any NC zoned areas, and that it will be appropriate that the portions of the annexation that will be
zoned CG – General Commercial will have the following two conditions:
Condition 1
Within the CG zoning in Peakview Annexation No. 2, purely residential uses are not allowed for a period
of five (5) years from the date of annexation approval or until a grocer (between approximately 10,000-
70,000 square feet) is under construction within a 1.5 mile radius of the subject property, whichever
occurs first. Note that this residential restriction applies to purely residential buildings only, and there’s
no residential restriction on mixed-use buildings.
Condition 2
The areas designated as General Commercial zoning shall be designed to contribute to a cohesive,
continuous, visually integrated, and functionally linked development pattern with the Mulberry and
Greenfields Planned Unit Development (PUD) commercial core and the surrounding areas zoned as
Medium Density Mixed-Use Neighborhood. This integration shall be achieved through compatible street
and sidewalk layouts, building siting, architectural character, and overall site design.
Department: Historic Preservation
Contact: Jim Bertolini, 970-416-4250, jbertolini@fcgov.com
Topic: General
Comment Number: 1
02/22/2023: NO HISTORIC REVIEW REQUIRED: This proposal does not
require historic review because there are no designated historic resources, or
resources that are at least 50 years old and would require evaluation, on the
development site or within 200 feet of the development site.
Response: Thank you, no action needed as part of the annexation.
Department: Engineering Development Review
Contact: Sophie Buckingham, sbuckingham@fcgov.com
Topic: General
Comment Number: 1
02/21/2023: FOR HEARING:
Please do not annex the entire right-of-way of Mulberry Street. You will need to
match the southern annexation boundary of the adjacent Springer Fisher
annexation.
Response: Please see the revised zoning map and annexation map where we have removed the entire right-of-way of
Mulberry Street
Department: Traffic Operation
Contact: Steve Gilchrist, 970-224-6175, sgilchrist@fcgov.com
Topic: General
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Comment Number: 1
02/20/2023: ANNEXATION: Annexations in and of themselves do not generate
traffic or trigger the requirement of a Transportation Impact Study. TIS waived.
However, any subsequent development project submitted for the annexed
property will be evaluated according to the Chapter 4 of the Larimer County
Urban Areas Street Standards to determine if a Transportation Impact Study is
necessary.
Response: Thank you, no action needed as part of the annexation.
Department: Erosion Control
Contact: Andrew Crecca, , acrecca@fcgov.com
Topic: Erosion Control
Comment Number: 1
02/07/2023: Information Only:
Based upon this project type, Annexations alone does not trigger erosion
control requirements. Please be aware that future projects or planned work may trigger erosion control
requirements.
Response: Thank you, no action needed as part of the annexation.
Department: Stormwater Engineering
Contact: Stephen Agenbroad, sagenbroad@fcgov.com
Topic: General
Comment Number: 2
02/13/2023: 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: Thank you, no action needed as part of the annexation.
Contact: Wes Lamarque, 970-416-2418, wlamarque@fcgov.com
Topic: General
Comment Number: 3
02/20/2023: INFORMATION ONLY:
Discussion on formalizing the Developer Repay Agreement regarding the
overflow conveyance storm water improvements under the ROW is needed.
Response: Yes, we would like to continue this conversation with stormwater staff, however this issue seems to be
independent of the timing of annexation hearings.
Department: Water-Wastewater Engineering
Contact: Stephen Agenbroad, , sagenbroad@fcgov.com
Topic: General
Comment Number: 1
02/13/2023: INFORMATION ONLY:
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.
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Response: Thank you, no action needed as part of the annexation.
Department: Light And Power
Contact: Tyler Siegmund, 970-416-2772, tsiegmund@fcgov.com
Topic: General
Comment Number: 1
02/22/2023: INFORMATION:
This property is currently within PVREA service area. Once annexed into the
City, Light and Power plans to serve the property electric. Depending on timing
of development, we plan to extend electric infrastructure through the proposed
Bloom development to the west to service this property. Please coordinate with
Light and Power on timing to see if this property can be served by City Light
and Power at the time of construction/development.
Response: Thank you, no action needed as part of the annexation.
Comment Number: 2
02/22/2023: INFORMATION:
Please contact Tyler Siegmund with electric project engineering if you have any
questions at (970) 416-2772. You may reference Light & Power’s Electric
Service Standards at:
https://www.fcgov.com/utilities/img/site_specific/uploads/electricservicestandar
ds.pdf?1645038437
Reference our policies, development charge processes, and use our fee
estimator at: http://www.fcgov.com/utilities/business/builders-and-developers.
Response: Thank you, no action needed as part of the annexation.
Department: Environmental Planning
Contact: Scott Benton, (970)416-4290, sbenton@fcgov.com
Topic: General
Comment Number: 1
02/20/2023: INFORMATION ONLY: For the sake of transparency, the
Peakview PLD Development Agreement indicates that as part of this
annexation the City collects and holds securities for the site improvements
including the natural habitat buffer along Cooper Slough. The City's security
requirements are similar to the County's but there are some differences, namely
that the City holds 125% of the estimated cost of improvements instead 115%.
Also, an updated cost estimate would be required.
Response: The city will inherit the approved Peakview PLD development as approved by the county upon annexation,
however no action needed as part of the annexation.
Comment Number: 2
02/21/2023: INFORMATION ONLY: This has no bearing on the annexation, but
to be clear the City's Land Use Code (LUC) requires a 300-foot buffer along
Cooper Slough (Slough). The County-approved Peakview PLD approves a
buffer less than 300-feet on the west side of the Slough but not on the east side
of the Slough. Once annexed, future development on the east side of the Slough
will be subject to the 300-foot buffer as prescribed by the LUC.
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Response: The city will inherit the approved Peakview PLD development as approved by the county upon annexation,
however no action needed as part of the annexation.
Department: Forestry
Contact: Christine Holtz, choltz@fcgov.com
Topic: General
Comment Number: 1
02/17/2023: Since there is no development, and no tree impacts along with this
annexation, Forestry has no comments.
Response: Thank you, no action needed as part of the annexation.
Department: Park Planning
Contact: Missy Nelson, , mnelson@fcgov.com
Topic: General
Comment Number: 1
02/21/2023: INFORMATION: Both Park Planning & Development and Parks
department comments will be provided by Missy Nelson | mnelson@fcgov.com
Response: Thank you, no action needed as part of the annexation.
Comment Number: 2
02/21/2023: Please keep in mind as you start the design of your site for the
Conceptual Review that there is a regional trail connection through your site!
Park Planning and Development would be happy to set up a meeting at any
point to discuss.
Response: The city will inherit the approved Peakview PLD development as approved by the county upon annexation,
including the designed retional trail, however no action needed as part of the annexation.
Comment Number: 3
02/21/2023: INFORMATION: The City of Fort Collins Land Use Code Section
3.4.8 “Parks and Trails” addresses compliance with the 2021 Parks and
Recreation Master Plan (“Master Plan”). The Master Plan indicates the general
location of all parks and regional recreational trails. Parcels adjacent to or
including facilities indicated in the Master Plan may be required to provide area
for development of these facilities.
Response: The city will inherit the approved Peakview PLD development as approved by the county upon annexation,
however no action needed as part of the annexation.
Comment Number: 4
02/21/2023: INFORMATION: The 2013 Paved Recreational Trail Master Plan
(“Trail Master Plan”) was adopted by City Council and provides conceptual
locations and general trail design guidelines for future regional recreational
trails.
Response: The city will inherit the approved Peakview PLD development as approved by the county upon annexation,
including the designed retional trail, however no action needed as part of the annexation.
Comment Number: 5
02/21/2023: INFORMATION: The Larimer County Urban Area Street Standards
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(“LCUASS”), Chapter 16 Pedestrian Facilities and Chapter 17 Bicycle
Facilities provide additional design guidelines for multiuse recreational trails.
Response: The city will inherit the approved Peakview PLD development as approved by the county upon annexation,
including the designed regional trail, however no action needed as part of the annexation.
Comment Number: 6
02/21/2023: INFORMATION: Grade separated crossings of arterial roadways
and major collectors are required (LCUASS Chapter 17.3) and provide safe
trail connectivity. Additional easement area for underpass/overpass
approaches may be required in locations of potential grade separated
crossings for the trail. For Additional information on grade separated crossing
locations, please reference the City’s Park and Paved Recreational Trail Plan
exhibit dated August 2018.
Response: The city will inherit the approved Peakview PLD development as approved by the county upon annexation,
including the designed regional trail, however no action needed as part of the annexation.
Department: PFA
Contact: Marcus Glasgow, 970-416-2869, marcus.glasgow@poudre-fire.org
Topic: General
Comment Number: 1
02/22/2023: ANNEXATION
Poudre Fire Authority has no comment related to annexation. All conditions of
the existing site plan will be considered pre-existing and no further action need
be taken. Further development on the property 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: Thank you, no action needed as part of the annexation.
Department: Building Services
Contact: Russell Hovland, 970-416-2341, rhovland@fcgov.com
Topic: Building Insp Plan Review
Comment Number: 1
02/20/2023: Construction shall comply with adopted codes as amended.
Current adopted codes are:
2021 International Building Code (IBC) with local amendments
2021 International Existing Building Code (IEBC) with local amendments
2021 International Energy Conservation Code (IECC) with local amendments
2021 International Mechanical Code (IMC) with local amendments
2021 International Fuel Gas Code (IFGC) with local amendments
2021 International Swimming Pool and Spa Code (ISPSC) with local
amendments
Colorado Plumbing Code (currently on the 2018 IPC)
2020 National Electrical Code (NEC) as amended by the State of Colorado
Copies of current City of Fort Collins code amendments can be found at
fcgov.com/building.
Accessibility: State Law CRS 9-5 & ICC/ANSI A117.1-2017.
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Snow Live Load: Ground Snow Load 35 PSF.
Frost Depth: 30 inches.
Wind Loads: Risk Category II (most structures):
· 140mph (Ultimate) exposure B or Front Range Gust Map published by The
Structural Engineer's Association of Colorado
Seismic Design: Category B.
Climate Zone: Zone 5
Energy Code:
• Multi-family and Condominiums 3 stories max: 2021 IECC residential chapter.
• Commercial and Multi-family 4 stories and taller: 2021 IECC commercial chapter.
INFORMATIONAL ITEMS:
· Electric vehicle charging parking spaces are required, see local amendment.
· This building is located within 250ft of a 4 lane road or 1000 ft of an active
railway, must provide exterior composite sound transmission of 39 STC min.
· R-2 occupancies must provide 10ft to 30ft of fire separation distance
(setback) from property line and 20 feet between other buildings or provide fire
rated walls and openings per chapter 6 and 7 of the IBC.
· All multi-famliy buildings must be fire sprinkled. City of Fort Collins
amendments to the 2021 International Fire Code limit what areas can avoid fire
sprinklers with a NFPA 13R, see local IFC 903 amendment.
· Bedroom egress windows required below 4th floor regardless of fire-sprinkler.
All egress windows above the 1st floor require minimum sill height of 24”.
· If using electric systems to heat or cool the building, ground source heat pump
or cold climate heat pump technology is required.
· A City licensed commercial general contractor is required to construct any new
multi-family structure.
· Energy code requires short hot water supply lines by showing plumbing
compactness.
· For projects located in Metro Districts, there are special additional code
requirements for new buildings. Please contact the plan review team to obtain
the requirements for each district.
Stock Plans:
When the exact same residential building will be built more then once with
limited variations, a stock plan design or master plan can be submitted for a
single review and then built multiple times with site specific permits. More
information can be found in our Stock Plan Guide at
fcgov.com/building/res-requirements.php.
Building Permit Pre-Submittal Meeting:
For new buildings, please schedule a pre-submittal meeting with Building
Services for this project. Pre-Submittal meetings assist the designer/builder by
assuring, early on in the design, that the new projects are on track to complying
with all of the adopted City codes and Standards listed above. The proposed
project should be in the early to mid-design stage for this meeting to be
effective. Applicants of new projects should email rhovland@fcgov.com to
schedule a pre-submittal meeting.
Response: Thank you, no action needed as part of the annexation.
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Department: Technical Services
Contact: Jeff County, 970-221-6588, jcounty@fcgov.com
Topic: Plat
Comment Number: 1
02/17/2023: 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. If you have any specific questions about the redlines, please contact John
Von Nieda at 970-221-6565 or jvonnieda@fcgov.com
Response: See revised annexation map and zoning map submitted with this resubmittal.
Department: Outside Agencies
Contact: Matt Organ, Poudre Valley Rural Electric Association,
mtruelove@pvrea.coop,
Topic: General
Comment Number: 1
01/31/2023: INFORMATION:
PVREA has an electric service that feeds a pump in the annexation area. I
believe that Light and Power are planning on serving that pump once the
annexation is complete.
Response: Thank you, no action needed as part of the annexation.