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HomeMy WebLinkAboutSupporting Documentation - Response to Comments - 02/24/2023 1 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. 2 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 3 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?) 4 • 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 5 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. 6 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. 7 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 8 (“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. 9 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. 10 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.