HomeMy WebLinkAboutPEAKVIEW ANNEXATION NO. 2 - ANX230001 - SUBMITTAL DOCUMENTS - ROUND 1 - RESPONSE TO STAFF REVIEW COMMENTS
Response to Conceptual Review Comments
(Conducted September 16, 2022)
Responses in Red
Re: PEAKVIEW ANNEXATION NO. 2
Description of project: This is a request for annexation and zoning for 3384 East
Mulberry St (parcel # 8709000005, 8709000043, 8709000044). Proposal to annex
approximately 75.9 acres into the city of Fort Collins. The project will include the zoning of
the property. The property is approximately 0.75 miles east of S Timberline Rd and directly
north of E Mulberry St. The site is outside of city limits but falls within the City’s Growth
Management Area. The annexation proposal will be subject to City Council Review.
Please see the following summary of comments regarding PEAKVIEW ANNEXATION NO. 2.
The comments offered informally by staff during the Conceptual Review will assist you in
preparing the detailed components of the project application. Modifications and additions to
these comments may be made at the time of formal review of this project. If you have any
questions regarding these comments or the next steps in the review process, please contact
your Development Review Coordinator, Brandy Bethurem Harras via phone at 970‑416‑2744
or via email at bbethuremharras@fcgov.com.
Comment Summary
Development Review Coordinator
Contact: Brandy Bethurem Harras, 970‑416‑2744, bbethuremharras@fcgov.com
1. 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. Include me in all email correspondence with other reviewers and keep me informed
of any phone conversations. Thank you!
Response: Acknowledged.
2. The proposed project will be subject to the City of Fort Collins Annexation process.
Response: Acknowledged.
3. A neighborhood meeting is required at least 10 days prior to formal submittal of your
development review application. For the neighborhood meeting, we will formally invite
surrounding neighbors to attend the meeting. Neighborhood meetings offer an informal
way to get feedback from surrounding neighbors, identify any potential concerns prior to
the formal hearing, and are an opportunity for you to share your development proposal. The
City’s Development Review Liaison will facilitate the meeting.
As your Development Review Coordinator, I will assist with preparing the mailing and
coordinating the meeting date with your team. Please reach out to me when you are ready
to schedule this meeting. Allow 4‑8 weeks prior to the desired meeting date to
accommodate scheduling and notice requirements.
Response: A neighborhood meeting was conducted on September 29, 2022.
4. I will provide you a roadmap specific to your development review project, helping to identify
each step of the process. For more detailed process information, see the Development
Review Guide at www.fcgov.com/drg. This online guide features a color coded flowchart
with comprehensive, easy to read information on each step in the process. This guide
includes links to just about every resource you need during development review.
Response: Received.
5. I will provide a Project Submittal Checklist to assist in your submittal preparation. Please
use the checklist in conjunction with this comment letter and the Submittal Requirements
located at: http://www.fcgov.com/developmentreview/applications.php.
If you have questions regarding items in the checklist, or the applicability of an item to your
project, please reach out to me.
Response: Received.
6. As part of your submittal, you will respond to the comments provided in this letter. The final
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: Responses are in red.
7. 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 the submitted electronic files, which conform as requested.
8. 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/sfdcarticles/sfdcart
icles/Drawing‑text‑appears‑as‑Comments‑in‑a‑PDF‑created‑by‑AutoCAD.html
Response: Pdf’s are flattened, we aren’t submitting any Autocad files.
9. The request will be subject to the Development Review Fee Schedule:
https://www.fcgov.com/developmentreview/fees.php.
I will provide an estimate of the initial fees to begin the development review process based
on your Conceptual Review Application. As noted in the comments, there are additional
fees required by other departments, and additional fees at the time of building permit. The
City of Fort Collins fee schedule is subject to change – please confirm these estimates
before submitting. Development Review Application Fees will be due at time of the project being submitted
for formal review. If you have any questions about fees, please reach out to me.
Response: A check was dropped off on 1/23/2023 for the review fee at the drop box on the west side of 281 North College.
10. Payments can be made by check or credit card.
If paying by check, make payable to “City of Fort Collins”. This is accepted at the
Development Review Center, 281 N College Ave, Fort Collins, CO 80524, by mail or can
be placed in the blue drop box located at the west side of the building. Please mark it to
my attention and reference the project it is associated with.
If paying by credit card, I can process the payment over the phone with you. Credit card
payments include a convenience fee of 2% + $0.25 added to all payments under
$2,500.00, and 2.75% added to all payments over $2,500.00.
Response: A check was dropped off on 1/23/2023 for the review fee at the drop box on the west side of 281 North College. 11. Submittals are accepted any day of the week, with Wednesday
at noon being the cut‑off
for routing the same week. Upon initial submittal, your project will be subject to a
completeness review. Staff has until noon that Friday to determine if the project contains all
required checklist items and is sufficient for a round of review. If complete, a formal Letter
of Acceptance will be emailed to you and the project would be officially routed with its
initial round of review, followed by a formal meeting. Please check with me, your
Development Review Coordinator, regarding review timelines.
As you are preparing to submit your formal plans, please notify me with an anticipated
submittal date. Applications and plans are submitted electronically to me by email or
secured file sharing applications.
Pre‑submittal meetings can be beneficial to ensure you have everything for a complete
submittal. Please reach out and I will assist in those arrangements.
Response: I emailed Brandy Bethurem Harras on 1/23/2023 to let her know I would be submitting the annexation materials electronically within the next day or so.
12. Upon the scheduling of a Neighborhood Meeting, or initial review of the formal
Development Review Application, 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.
R
esponse: We are OK with that.
13. Once your project has been formally reviewed by the City and you have received
comments, please resubmit within 180 days, approximately 6 months, to avoid the
expiration of your project.
Response: Acknowledged.
Planning Services
Contact: Kai Kleer, 970‑416‑4284, kkleer@fcgov.com
1. The 2002 East Mulberry Corridor Plan and the City’s Structure Plan Map are the primary
land use guidance tools available to help guide recommended zoning for this site. The visual
zoning guidance in these policy plans is limited for this site given overriding goals for the
protection and enhancement of the Cooper Slough corridor, and staff will want to work
closely with you to fine‑tune recommended zoning boundaries and designations
throughout the annexation process to accomplish these and other broader goals for this
section of the East Mulberry Corridor.
Response: See our submitted “Zoning Justification” document wherein we get into detail regarding the applicability of the City’s Structure Plan Map and the East Mulberry Corridor Plan.
2. Staff is also interested in learning more details about specific proposed development
under Larimer County’s review process to better understand how the proposed land uses
line up with Fort Collins zoning.
Response: Peakview PLD Final Plat was approved by Larimer County in September 2022. We’d be happy to forward you the approved plans, or if you would rather, they are public record with
Larimer County.
3. The strongest zoning alignment between what’s proposed and existing policy plans is
located in the north/northwestern and eastern sections of the site. Northern portions had
been previously identified for low and medium density residential zoning, which lines up
with LMN/MMN zoning as well as the residential intensities already approved to the west
in the Bloom PUD.
Response: We are proposing to extend the MMN zone straight across our annexation to the east from where the Bloom development has it to the west.
4. The Industrial zoning on the eastern portions of the site also logically abut existing
Industrial land‑uses and are supported by access east of the Cooper Slough running
through an existing industrial/commercial park. Policy guidance has long anticipated a
commercial (versus industrial) frontage along Mulberry Street and this is one area where
additional discussion or changes will be needed with a proposal to extend the Industrial
district all the way south to Mulberry.
Response: We have proposed Industrial zoning for all portions of the annexation east of the Cooper Slough. This was what Pete Wray (former Senior Planner) suggested prior to his retirement.
We don’t feel strongly about whether or not there is a commercial frontage along to Mulberry east of Cooper Slough, but we were just going by what Pete Wray had advised.
5. The City’s policy plans also encourage commercial zoning on the remaining portions of
the site, however, fine‑tuning will be needed for the exact size and shape of these
designations. The East Mulberry Corridor Plan vision included a strong, neighborhood
serving commercial node along Greenfields which is likely best served by Neighborhood
Commercial (NC) zoning with its standards for transit/pedestrian access and support for a
potential grocery store. In concert with Bloom’s plans we’ll want to continue discussions
for the final shape/size of commercial zoning on this portion of the property.
Response: At the City Council work session on December 13, 2022, council gave staff direction to proceed with an update to the EMCP that had been put on hold earlier in the year. We
see this upcoming EMCP update as a valuable opportunity to start discussions from scratch about what exactly is appropriate for zoning in this area (and why), rather than to refer to
an outdated subarea plan for guidance. Meanwhile, there is current and helpful guidance on what is intended for this area in City Plan (updated and adopted in April 2019). The Structure
Plan section of that City Plan, includes detailed descriptions of what “Suburban Mixed-Use” and “Neighborhood Mixed-Use” areas are intended to be. We disagree with staff that any NC
– Neighborhood Commercial is necessary in Peakview Annexation No. 2, given there is already 11+ acres of NC zone already existing immediately adjacent to the annexation to the west.
Department: Historic Preservation
Contact: Jim Bertolini, 970‑416‑4250, jbertolini@fcgov.com
1. NO HISTORIC REVIEW REQUIRED: This proposal does not require historic review
because there are no designated historic resources on the site and the nature of the
project does not impact any historic resources that may lie on the development site or
within 200 feet of the site.
Response: Acknowledged.
Department: Erosion Control
Contact: Jesse Schlam, 970‑218‑2932, jschlam@fcgov.com
1. 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: Acknowledged.
Department: Stormwater Floodplain
Contact: Claudia Quezada, (970)416‑2494, cquezada@fcgov.com
1. Portions of this property are currently located in the FEMA‑regulated, 100‑year Cooper
Slough floodway/floodplain and if annexed into the City must comply with the safety
regulations of Chapter 10 of City Municipal Code. A FEMA Flood Risk map is attached.
Response: Acknowledged. See the Larimer County approved Peakview PLD Final Plat construction plans. The city is inheriting this vested right of a site specific development plan.
2. Any construction activities in the floodplain (e.g., demolition, grading, structures,
sidewalk or curb & gutter installation/replacement, roadway construction, utility work,
landscaping, etc.) must be preceded by an approved floodplain use permit, the
appropriate permit application fees, and approved plans
Response: See the Larimer County approved Peakview PLD Final Plat construction plans. The city is inheriting this vested right of a site specific development plan.
3. Any construction activities in the regulatory floodway must also include a No‑Rise
Certification prepared by a Colorado Licensed Professional Engineer
Response: Acknowledged.
4. Please note that in the City of Fort Collins Construction of residential and nonresidential
structures is allowed in the Cooper Slough 100‑year floodplain, as long as the lowest
finished floor of the building, and all duct work, heating, ventilation, electrical systems,
etc. are elevated 18‑inches above the Base Flood Elevation (BFE). This elevation is
known as the Regulatory Flood Protection Elevation (RFPE). RFPE = BFE + 18‑inches.
No basements are allowed in the 100‑year floodplain. An approved FEMA Elevation
Certificate, completed by a licensed surveyor or civil engineer and showing that the addition is
constructed to the required elevation, is required prior to a Certificate of Occupancy (CO) being issued.
Response: Acknowledged.
5. Critical facilities as defined in Chapter 10 of City Code, are prohibited in the 100‑year
floodplain. Critical facilities include essential services facilities, hazardous materials
facilities, at‑risk population facilities, and government services facilities.
6. Development review checklists and permit application forms for floodplain requirements
can be obtained at https://www.fcgov.com/utilities/what‑we‑do/stormwater/flooding/forms‑documents.
Please utilize checklist when preparing plans for resubmittal.
Response: Acknowledged.
7. Please show the boundaries of the floodplain and floodway on applicable drawings.
Response: The floodplain and floodway are shown on the annexation map.
Department: Stormwater Engineering
Contact: Stephen Agenbroad, , sagenbroad@fcgov.com
1. No improvements or increases in impervious area are indicated in the application, so
there are no Stormwater requirements. Please contact the Water Utilities Engineering if
site improvements are anticipated.
Response: Acknowledged. See the Larimer County approved Peakview PLD Final Plat construction plans. The city is inheriting this vested right of a site specific development plan.
Department: Water‑Wastewater Engineering
Contact: Stephen Agenbroad, , sagenbroad@fcgov.com
1. OTHER SERVICE DISTRICT: This project site is located within the East Larimer County (ELCO) Water
District and the Boxelder Sanitation District for water and sewer service. Please contact them at
(970) 493‑2044 (ELCO) and (970) 498‑0604 (Boxelder) for development requirements.
Response: Acknowledged.
Department: Electric Engineering
Contact: Tyler Siegmund, 970‑416‑2772, tsiegmund@fcgov.com
1. 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: We have been coordinating with Bloom, and will coordinate with Light and Power when we are ready to proceed with construction.
2. 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/electricservicestandards.pdf?1 645038437
Reference our policies, development charge processes, and use our fee estimator at:
http://www.fcgov.com/utilities/business/builders‑and‑developers.
Response: We will contact Tyler if we have any questions.
Department: Fire Authority
Contact: Marcus Glasgow, 970‑416‑2869, marcus.glasgow@poudre‑fire.org
1. ANNEXATION ‑ Poudre Fire Authority has no comment related to annexation or Zoning.
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: Acknowledged. See the Larimer County approved Peakview PLD Final Plat construction plans. The city is inheriting this vested right of a site specific development plan. Poudre
Fire Authority did review and comment on Peakview PLD during review of the Peakview Final plat.
Department: Traffic Operations
Contact: Steve Gilchrist, 970‑224‑6175, sgilchrist@fcgov.com
1. TRAFFIC IMPACT STUDY: The annexation and zoning of this property alone does not
require the submittal of a Traffic Impact Study, however the subsequent development of
this property will. TIS waived.
Response: Acknowledged.
Department: Environmental Planning
Contact: Scott Benton, (970)416‑4290, sbenton@fcgov.com
1. The Cooper Slough is a highly valued natural feature within the City's Growth
Management Area. The annexation area east of the Slough is not part of the County's
Peakview PLD project and thus will be subject to the Land Use Code. That includes
applying the full 300' buffer from top of bank and/or edge of wetlands (whichever is greater).
Response: See the Larimer County approved Peakview PLD Final Plat construction plans. The city is inheriting this vested right of a site specific development plan, including establishment
of the buffer.
Department: Building Code Review
Contact: Russell Hovland, 970‑416‑2341, rhovland@fcgov.com
1. Construction shall comply with adopted codes as amended. Current adopted codes are:
2021 International Building Code (IBC) with local amendments
2021 International Residential Code (IRC) 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 the 2018 International Plumbing Code adopted by State of Colorado)
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.
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 SEAC.
Seismic Design: Category B.
Climate Zone: Zone 5
Energy Code: 2021 IECC and local amendments.
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 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.
· 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.
· 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.
· City of Fort Collins amendments to the 2021 IFC require a full NFPA‑13 sprinkler
system in multifamily units with an exception to allow NFPA 13R systems in buildings
with no more than 6 dwelling units (or no more than 12 dwelling units where the building
is divided by a 2 hour fire barrier with no more than 6 dwelling units on each side).
· A City licensed commercial general contractor is required to construct any new multi‑family structure.
· Attached single‑family provide 3ft setback to property line or provide fire rated walls &
openings per chap 3 of the IRC.
· Attached single‑family townhomes and duplexes are required to be fire sprinkled per
local amendment and must provide a P2904 system min and provide fire rated wall per R302.
· New homes must provide EV/PV ready conduit, see local amendment.
· Provide site‑wide accessibility plan in accordance with CRS 9‑5. This requires accessible units per that
state standard. This requirement includes single family attached homes if more than 6 units.
STOCK PLANS:
When the same residential buildings will be built at least three times with limited
variations, a stock plan design or master plan can be submitted for a single review and
then permit issued from that master.
BUILDING PERMIT PRE‑SUBMITTAL MEETING:
Please schedule a pre‑submittal meeting for any new commercial or multi‑family
building 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.
Response: Acknowledged. When we are ready to proceed with buildings on the site, we will refer to these comments.
Department: Technical Services
Contact: Jeff County, 970‑221‑6588, jcounty@fcgov.com
1. When submitting the Annexation Plat for this property/project, addresses are not
acceptable in the Subdivision Plat title/name. Numbers in numeral form may not begin
the title/name. Please contact our office with any questions.
Response: Acknowledged. The name of our Annexation is “Peakview Annexation No. 2”.
2. Closure reports will be required for all Plats submitted for review.
Response: See the submitted annexation map.