HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 09/16/1999n
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Chairperson Colton called the meeting to order at 6:35 p.m.
Roll Call: Torgerson, Craig, Bernth, and Colton. Members Meyer, Gavaldon, and
Carpenter were absent.
Staff Present: Blanchard, Shepard, Jones, Fuchs, Eckman, Kuch, Virata,
Kreimeyer, Herzig, Stringer, Harridan, Jackson, Gonzales, Wray, Daggett, and
Diede.
Agenda Review: Director of Current Planning Bob Blanchard reviewed the Consent
and Discussion Agendas:
Consent Agenda:
• 1. Minutes of the June 3 and August 5, 1999 Planning and Zoning
Board Hearings.
2. Modifications of Conditions of Final Approval
3. Resolution PZ99-8 Easement Vacation
4. #18-99 Brookfield Annexation & Zoning
5. #21-99 North College Rezone
Discussion Agenda:
6. #33-94E Harmony Safeway Marketplace PUD, Lot 7 (Village Inn) - Final
7. #11-81S Huntington Hills Apartments, 7`h Filing, Final PUD
8. #53-84A Modification of a Standard (The Preserve at the Meadows —
Warren Farm, 3rd Filing, #53-84N)
9. Recommendation to the City Council Regarding an
Amendment to the Master Street Plan for the Proposed
Realignment of the East Vine Drive Arterial
Member Craig pulled item 4 for discussion.
Member Craig moved for approval of Consent item S.
• Member Bernth seconded the motion. Member Torgerson abstained from voting
due to a conflict of interest. The motion was approved 3-0.
Planning and Zoning Boar.. Minutes
September 6, 1999
Page 2 of 21
Member Bernth moved for approval of Consent items 1, 2, and 3.
Member Torgerson seconded the motion. The motion was approved 4-0.
Project: Brookfield Annexation & Zoning, #18-99
Project Description:. Request for annexation and zoning of approximately
43.01 acres of privately owned property located south
of East Harmony Road and east of Cinquefoil Lane
Alignment. The recommended zoning is Harmony
Corridor District (HC) and is located in the Harmony
Corridor Plan area.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Member Craig wanted to have the In -let Ditch in Fossil Creek be added to the
recommendation to the Council about this annexation and zoning.
Planner Fuchs had spoken with the applicant and the manager of the North Poudre
Irrigation Ditch and asked if they were receptive to the proposal to add the In -let Ditch
on to the annexation. Both parties were receptive. He requested a revised copy of the
plans and a revised legal description from the applicant. They hoped to have that
complete before going to Council. This addition would make for a continuous city
boundary.
Public Comment:
None
Discussion:
Member Craig moved to recommend approval of the project to City Council with
the condition to add the Fossil Creek In -let Ditch within the annexation.
Member Bernth seconded the motion.
The motion was approved 4-0.
•
Planning and Zoningtard Minutes
September 6, 1999
Page 3 of 21
Project: Harmony Safeway Marketplace PUD, Lot 7 (Village
Inn), #33-94
Project Description: Request for a 5,000 sq. ft. sit-down restaurant on 1.24
acres; located at the northeast corner of Harmony
Road and Wheaton Drive. The site is Lot 7 and Pad
H of the Harmony Safeway Shopping Center. The
parcel is zoned HC — Harmony Corridor.
Recommendation: Approval with color modifications.
Hearing Testimony, Written Comments and Other Evidence:
Planner Shepard noted this project was continued from the previous hearing, after a
request for a more subdued color scheme. The Board requested that the color
"Mulberry" be removed from the building. The "Mulberry" color was replaced with the
color "Putty". The "Burnt Sienna" Orange was replaced by the color "Clay Pot". The
"Prussian Green" was replaced by the color "Teal Green". The condition listed in the
staff report was no longer necessary.
isMember Torgerson asked Planner Shepard where in the LUC the color issue was
discussed.
Planner Shepard responded that the project was reviewed by the LDGS, All
Development Criteria A2.7, the Architectural Criteria.
Rick Forester, Director of Architecture for Vicorp Restaurants, hoped this change was
pleasing to the Board. He reviewed the changes that Planner Shepard presented and
hoped that the Board found the changes to be favorable.
Public Comment:
None
Discussion:
Member Torgerson made the comment that in the compatibility section of the LDGS, it
listed that buildings need to have colors and textures similar to those in the existing
neighborhood. He liked the new colors over the previous ones, he still felt they were not
similar to any of the buildings in the center, so he questioned the Board's authority to
ask them to change colors.
Planning and Zoning Boar. Minutes
September 6, 1999
Page 4 of 21
Member Bernth moved to approve the project with the new color scheme.
Member Craig seconded the motion.
The motion was approved 4-0.
Project: Huntington Hills Apartments, Final PUD, 7" Filing,
#11-81S
Project Description: Request for 224 Multi -family dwelling units on 11.94
acres. The site is a combination of two separately
owned parcels located between College and Lemay
on the eastside of the future extension of Fossil Creek
Parkway, north of Fossil Creek and south of Mail
Creek. The request includes a new bridge over Fossil
Creek and a street connection between Mail Creek
Lane and Roma Valley Drive. The parcel is zoned
LMN — Low Density Mixed -Use Residential.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence:
Planner Shepard reviewed some history of the project. The preliminary review was
approved in April of 1999 with two conditions. The first condition was that the
preliminary did not grant an expression of layout and density. The applicant agreed to
that condition, so nothing had to be completed to fulfill the condition. The second
condition was about an amendment to the Master Street Plan to allow the Mail
Creek/Roma Valley Drive connection in lieu of the High Castle connection directly
south. That condition has been satisfied by City Council Resolution #99-59, which was
adopted on May 18, 1999. The Final PUD was in substantial compliance with the
Preliminary PUD.
Linda Ripley, VF Ripley Associates, was representing Andover Development. This was
a complex and unique site, placed between the two bordering drainage ways. The
access was off of Fossil Creek Parkway. There were 11 buildings, with a mix of 2-story,
2 and 3-story and 3-story buildings. The 3-story buildings were on the interior of the
site. The buildings are oriented to the outside of the site or to the green space on the
interior of the site. All of the parking was "sandwiched" between the buildings, so you
would not be seeing all of the parking, just the buildings. The original ODP for
Huntington Hills had many multi -family sites scattered throughout the development.
Many of those multi -family sites have become other types of development. Parcel J, the
last phase of Huntington Hills, needed to be multi -family. This project created many
Planning and Zoning ard Minutes •
September 6, 1999
Page 5 of 21
other benefits for the community. Finally, a bridge would be constructed over Fossil
Creek, which would allow the east and west ends of Fossil Creek Parkway to be united.
This would create a connection from College Avenue to Lemay, which has been a City
goal for the last 20 years. This project also created a connection from Miramont to
Fossil Creek Parkway. The street plan called for Highcastle Drive to continue and
connect to Fossil Creek Parkway. This also called for a connection of Mail Creek and
Roma Valley Drive, which was approved on the Master Street Plan. Miramont would
also benefit because the developer would be building a pedestrian path with bridges to
access Fossil Creek Park. This development would also improve Fossil Creek
Parkway. This development was planned to stay 200 to 300 feet away from the two
natural drainage areas, which would become the property of the City and be preserved
by the Natural Resources Department.
Public Comment:
Jodi Bublitz, resident of Fossil Creek Meadows at 5408 Parkway Circle East, wanted to
share some information gathered about Fossil Creek being a collector street. A
collector street was intended to carry a volume of 5,000 vehicles per day. She received
correspondence about Fossil Creek Parkway from Mark Jackson in Transportation
concerning the anticipated volume of 8,000 vehicles per day. He went on to say that
the City was concerned because the projections go beyond the preferred 5,000 vehicles
• on a collector street. Mr. Jackson listed other collector roadways currently exceeding
the 5,000 vehicle per day. She respectfully requested that the project be denied until
the City and the developer can come up with a pro -active plan to keep traffic volume
down to the level intended for a collector road of 5,000 vehicles per day or less.
Trish Abelhoff-Smith, resident of Miramont at 5112 Sawgrass Court, shared a story of
walking down the hill seeing a child almost get hit by a car and a different story of a
woman racing down the street to park in front of the school to pick up her child. She
wanted to say that there was a major safety problem behind the school. She felt
connecting Roma Valley Drive would create more problems. There is still a major
problem in the front of the school. There has been a flashing school zone incorrectly
placed. She felt they could use another flashing zone light and raised crosswalks. Ms.
Abelhoff-Smith felt the children would not go all the way to the provided crosswalk.
There are problems with the bike lanes too. She felt that the whole process of the
project has been fundamentally flawed. Attaching Roam Valley Drive to the complex is
atrocious. She felt there were conflicts of interest with more that one City staff person.
Discussion:
Member Colton asked Mark Jackson about the traffic issues.
Mr. Jackson, Transportation Department responded to the traffic volumes on the
• collector street. The recommended level was around 5,000 vehicles per day. The
impact study showed, depending on which part of Fossil Creek Parkway, the anticipated
Planning and Zoning Boar. Minutes
September 6, 1999
Page 6 of 21
volumes do exceed the collector street standards. This was not a unique situation.
There were other collectors exceeding the recommended levels and still function well.
He did research Planner Shepard's comments and consulted with Eric Bracke to see if
the roadway would operate efficiently and safely.
Member Colton noted the width of a collector is the same as a minor arterial. The main
difference between the two was a left turn lane, as far as he could remember. He
couldn't remember from the preliminary what Mr. Bracke said about the safety of the
road.
Mr. Jackson stated that a minor arterial had an estimated daily traffic of 3,500 to 15,000
vehicles per day. The collector could transition into the usage of the minor arterial.
Member Colton asked if the roads are the same widths.
Mr. Jackson stated that the travel lane widths are the same. The minor arterial has a
center lane for left turns.
Member Craig asked about having 8,000 cars per day on a road that would never have
a center lane for left turning, isn't there a problem?
Mr. Jackson said that was the same question he asked of Mr. Bracke and was told that
because of the design of Fossil Creek Parkway, the roadway would operate safely and
well within the level of service for the City.
Member Craig assumed that Fossil Creek Parkway is fragmented right now, so were the
figures a modeling right now or were they taking counts only to the dead end.
Mr. Jackson said they were long-range forecasts.
Member Craig asked if it would make a difference in the vehicle count if this
development did not go in.
Planner Shepard stated that after a discussion with Mr. Bracke, the estimated 8,000
trips per day would rise to that level with or without this development.
Member Craig asked with all of this information, why did they decide to keep it a
collector?
Planner Shepard responded that it was an agreement, made in 1989, by the Service
Director and the Fossil Creek Meadows Home Owners Association. He gave a
historical background about when they downgraded Fossil Creek Parkway from an
arterial to a collector and shifted the road off of the section line.
Planning and Zoningtard Minutes •
September 6, 1999
Page 7 of 21
Member Bernth asked which streets were the collector streets exceeding the vehicle
limits.
Planner Shepard repeated the names of the streets as West Swallow Road, East
Swallow Road, and East Stuart Street. The volume was only at certain times of day, not
24 hours a day.
Marc Virata, Engineering Department stated that the developer has provided a left turn
lane heading south on Fossil Creek into Mail Creek. There is also a left turn lane into
the site itself. There has been bays provided at those intersections.
Member Colton was concerned about not having Kathleen Reavis at the meeting to
discuss the safety issues,
Mr. Jackson had a memo about safety features written by Ms. Reavis with three issues.
The features include a raised sidewalk to be installed on Highcastle behind Werner at
Milan Terrace as well as school area pavement marking, plus a ramp from the bike lane
to the northern school entrance (so cyclists can avoid parked cars). These
improvements were scheduled to be completed this summer. This was an e-mail dated
August 1999, so Ms. Reavis meant the summer of 1999. Another feature for Fossil
Creek Parkway, would be on -street bike lanes and detached sidewalks. These would
• be required due to street standards for a collector. A 20-mile per hour school zone with
yellow flashing lights and a raised crosswalk would be installed by the developer at the
intersection of Fossil Creek Parkway and Mail Creek Drive. The City would monitor this
area for a possible crossing guard to help students get to Werner Elementary. The last
feature discussed was a 10 foot detached bike/pedestrian path with curb, would be
provided by the developer along the east side of Mail Creek Lane.
Member Bernth asked Ms. Abelhoff-Smith if the memo helped mitigate her concerns.
Ms. Abelhoff-Smith said that the memo listed what they have done there already. She
felt there needed to be additional measures taken. The problems even exist after what
they have done already.
Member Craig suggested getting the problems fixed by having City staff make a site
visit to assess the problems.
Member Bernth moved to approve the project with the condition that additional
safety issues are discussed with the neighbors.
Member Torgerson seconded the motion.
Member Craig would be supporting the motion, but she was not comfortable with the
is fact that the street was a collector. She felt there was a larger problem with the public
over -using cars.
Planning and Zoning Boai.. Minutes
September 6, 1999
Page 8 of 21
Member Colton said he would also support the motion and he felt the connections were
necessary. He thought the design of the site was good and it was the best use given
the area and it preserved more of the natural area than the original plan did.
The motion was approved 4-0.
Project: Modification of a Standard (The Preserve at the
Meadows —Warren Farm, 3`d Filing, #53-84N), #53-
84A
Project Description: Request for modifications of Standards of the Land
Use Code Sections 3.5.1(D), 3.5.2.(C)(1),
3.5.2(C)(2)(d), 4.5(E)(1)(a), 4.5(E)(1)(b), 3.6.2(L)(2)(c)
and 3.6.2(2)(e). Located west of the Burlington
Northern/Santa Fe Railroad and north of Horsetooth
Avenue generally between McClelland Street and
Manhattan Avenue,
Recommendation: Denial
Hearing Testimony, Written Comments and Other Evidence:
Planner Fuchs reviewed the modification requests. The eight modifications could be
broken down into two groups, building orientation as related to a street and continuation
of streets or street lengths. The applicant brought 3 plans, but the intent was not to
choose one plan over the other. The plans were provided to show a comparison if the
alternate plans were equal to or better than the LUC plan. Option A was the applicants
preferred plan with an internal 'Private Drive", which has been designed to resemble a
"Public Street". Option B was similar, but it took out some of the amenities included with
Option A. Option C closely resembled a plan that would comply with the LUC. The
applicant provided maps with street flows shown in black for comparison in all plan
options. Planner Fuchs described the site shots available for the Board. As noted in
the staff report, staff does not feel the request met the intent of the code and the
proposed plan is not equal to or better than a plan, which would comply with the LUC.
Member Colton asked for clarification of what the decision the Board was to make about
each option available.
Planner Fuchs clarified that the Board was reviewing Option A to see if that plan met the
intent of the LUC. Most of the modifications would not be required if the applicant chose
Option C, but the applicant has brought Option A to the Board for review.
Planning and Zoning lard Minutes •
September 6, 1999
Page 9 of 21
• Director Blanchard stated that Option C is available for the Board because it was likely
that the Board would ask for a plan that complies with the code for comparison. The
applicant will discuss how Option A is equal to or better than Option C.
The applicant, John Spillane, was representing the applicant, David Bailey of Erie
County Investments. Mr. Bailey, who created the other Preserve Apartments in Fort
Collins, was available for questions. Mr. Bailey hoped to obtain the same quality
allowed in the other complex. Mr. Jim Youngie, the architect for the project and Mr.
Terence Hoaglund, the project planner were both available also. Mr. Spillane gave a
presentation promoting the approval of the Option A plan.
Mr. Spillane felt all of the modifications pertained to one issue, which was a "Public
Street" that would connect between the two developments. The developer's proposal
was to have an internal "Private Drive" to maintain the identity of the development. The
question to be considered was if the "Private Drive" was as good or better than the
pubic street. The center of the entire project was a town -center. It included a
clubhouse, which was easily accessed by tenants next to the clubhouse and was also
easily assessable because of the "Private Drive" around it. All of the buildings had a
four-sided design, which is a 360-degree architecture on all of the buildings. They were
designed with safe pedestrian walkways and they connect into the whole pedestrian
system throughout the entire apartment community. The park between the
developments had a bikeway from the park and connects with the inter -model corridor
• that the city is planning along the Roy Mercer Canal. The applicant designed two
access points along the to -be -constructed Meadowlark and an emergency access on
Horsetooth.
Mr. Spillane said the applicant met with staff in November of 1998 to consider the
development plan, which included the present design for the "Private Drive". They felt
the street issue never came up at conceptual review and it didn't come up in the first
round of comments regarding the application. After the final engineering had been done
and the single-family project has been approved, now the staff wanted to require the
street to go through. Other options would destroy the quality of the project and make it
economically infeasible. By using the terminology of a "Private Street", it would remove
the need for some of the modifications. The applicant believed that Option A was the
one that, to the greatest extent possible, satisfied the intentions of the Code. Option C
was only a way of compelling technical compliance of the Code at the price of losing the
quality of the development. The staff also believed that the orientation of buildings to
face a street and block size made by being bounded by a street was also required. Mr.
Spillane provided a packet of the Code requirements for review, which was simply a
reprint of the Code. He went over the Code sections that overturned or fulfilled the
modification requirements. Mr. Spillane believed a development like this involved the
Compact Urban Growth Standards, which were on Page 7, where the city had adopted
a Compact Urban Growth Standard policy that would encourage and direct
development to take place within areas contiguous to existing development in the
• community. That is why the connectivity was not necessary for multi -family
Planning and Zoning Boar. Minutes
September 6, 1999
Page 10 of 21
developments, so they could maintain their identity. That identity would be shattered
with a "Public Street" going through it. On page 8, 4.5(E)(b) all blocks should be limited
to a maximum size of 7 acres. This development is 9.7 acres of developable land on
this property. All of the blocks are smaller than 7 acres in size. The applicant was
simply asking the board to allow them to use the internal "Private Drive" as the definition
of where the orientation of the buildings.
Mr. Spillane stated there were 45 families in the single-family development that would
be affected because they believed they would live on a cul-de-sac. The whole
community would be affected by putting the road through. Putting the "Public Street"
through the park and the bike trail destroy the pedestrian access and safety. Alternative
compliance in reviewing a proposed alternative plan - the decision makers should
review if the plan minimizes impact on natural areas, fosters non vehicular access, and
provides distribution of the development's traffic with out exceeding level of service
requirements. The applicant is pushing for a "Private Drive", but the city wants a "Public
Street", and the city would have to pay for it. "Public Street" standards do not allow the
amenities that are offered by a "Private Drive". The plan as submitted will protect the
public interests equal to or better than a different plan. Option A met those standards.
Granting of the modifications would result in benefits for the city, costs are less, no
maintenance required by the City, and the modifications preserve the intent and the
integrity of the development.
Paul Eckman, Deputy City Attorney stated the applicant had some draft proposals of
specific findings because they were not in the staff report due to the recommendation of
denial.
Public Comment:
None
Discussion:
Member Bernth wanted staff to address some of the concerns Mr. Spillane addressed
and why staff has recommended denial of the modification request.
Dave Stringer, Engineering Department addressed the issue of a street standard, public
or private, and that this proposal did not meet the standard. It was more of a "Drive"
due to the design. This design did not meet the same standards as a `Private Street".
The circuitous route would not meet the city standards. The other issue was about the
emergency services. The route would be cumbersome for emergency services due to
the design not being of street standards.
Member Colton asked Ron Gonzales if he would like to comment on the accessibility
issue.
Planning and Zoning Pard Minutes •
September 6, 1999
Page 11 of 21
• Assistant Marshall Gonzales stated that typically with an internal fire lane in an
apartment complex, if there were a party, there would be parking problems for the
visitors. The parking problems could become obstructions for emergency access. The
developers have to be careful of the turning radiuses in the developments for larger
equipment.
Member Colton asked staff if the intent now was to require all apartment complexes to
have through streets in all of the multi -family projects. He was not sure that was the
vision when creating City Plan.
Director Blanchard responded that every project could not be connected to a
neighboring development, but when the opportunity was there, the staff expects that
additional opportunities for connections would be provided. Staff not only relied on the
technical criteria used in the staff report, but there were general standards that the
Board and the staff needed to pay attention to. There were a couple of those that
pertained to this development. One related to street pattern and connectivity standards
in the Code. In the General Code, it stated that local streets must provide for both intra
and inter -neighborhood connections to knit the developments together rather than
forming barriers between them. The applicant made reference to the Compact Urban
Growth Standards and providing for physical separation, but in fact that citation referred
to separation between communities, not neighborhoods. Like between Loveland and
• Fort Collins. A technical criterion was used by staff for review and by applicants while
creating the design. This was like the old developments in the LDGS, but not under the
new City Code. A multi -family development represents a neighborhood in it's own right,
but it also represents part of a larger neighborhood. To provide the opportunity for
vehicle and bicycle connections as well as for pedestrian connections to adjacent
developments regardless of what land use they are was important.
Member Torgerson noted the majority of the applicant's argument was over "Private
Drive" versus "Public Street" and a part of the presentation brought up alternative
compliance. Member Torgerson felt the applicant made a good argument for that. Why
did the applicant not take that route instead of doing all of the modifications? At one
point the report stated they met the 150-foot dead-end requirements, and if the
applicant could meet those items, they could probably do what they wanted to do.
Mr. Spillane replied that if it was a matter of making the drive wider, that was easy to do
instead of connecting the road. About the point made for alternative compliance, the
development would still have similar problems with either application. The applicant
would be prepared to come back with that type of application if necessary, but there still
would be a need for a modification. In reference to the 150-foot dead-end length, the
applicant responded by saying that Building D had and arguable dead-end, but the
building actually had the emergency access off of Horsetooth. The applicant felt as if
they fulfilled the requirement. They did want to have a full access there, but staff felt it
• was too close to the street to the east, so the applicant tried to solve the problem by
allowing the emergency access.
Planning and Zoning Boar, Minutes
September 6, 1999
Page 12 of 21
J
Member Torgerson asked the applicant if that part of the development could be
redesigned to meet the 150-foot dead-end criteria.
Mr. Spillane replied that to comply with the 150-foot dead-end requirement, it would
require eliminating that building. The Roy Mercer ditch created a physical problem
where the applicant couldn't bring the building closer. The applicant placed the building
far enough away from the ditch to allow for the natural migration of wildlife. Eliminating
a whole building would make the project infeasible.
Member Torgerson asked the applicant about the comment in the presentation that
Option C was economically infeasible.
Mr. Spillane responded if you have a "Public Street" through an apartment community,
you are going to have a lesser quality community. It would be difficult to finance it and
sell it. You would not have the quality, like at the other Preserve Apartments. If there
were through traffic, the development would not have the same identity.
Member Bernth asked if the fact that not many people would be driving through the
development, wouldn't that do the same thing for marketing?
Mr. Spillane stated that "Public Streets" are treated differently. There might not be a lot
of traffic, but there will be through traffic. It is the Board's personal opinion.
Mr. Bailey stated the customers in the development expect a level of care and standard.
They wanted the speed controlled, the roads plowed and walks cleared. If this was a
"Public Street", the applicant could not control and provide that level of care and
standard for the customer.
Member Colton stated that neighborhood groups could contract out for snow removal on
city streets.
Engineer Stringer stated the city did not plow neighborhood streets during normal
snowstorms, but a neighborhood could contract out to have that done.
Member Colton stated he agreed with the safety issues of the streets, but the
connectivity is also important, so it was a matter of weighting the benefits.
Member Bernth asked Assistant Fire Marshall Gonzales if he was familiar with the other
Preserve Apartments. How was that development with fire safety.
Assistant Fire Marshall Gonzales replied the development was not too bad, but the
speed bumps make the response time slower. The Fire Authority supported traffic
claming devices, but they needed to educate the public that it has impacts on the fire
services as well.
Planning and Zoning
September 6, 1999
Page 13 of 21
lard Minutes 0
Member Torgerson mentioned the architect wanted to address the 360-degree
architecture of the buildings.
Mr. Jim Jungie stated he was frustrated with the staff for saying this development was
like any other apartment complex. It meets the intent and the standards of the City
Plan. The development has parallel parking on both sides of the drive, it has a
detached sidewalk, and it has an avenue of trees, just like a city street. All of the
buildings faced the internal drive and/or the perimeter streets. The "Private Drive"
allowed the applicant to have the traffic claming devices at every intersection and turn.
The road was defined by protruding eyebrows, so there was specific parking, not at the
intersections. There were connected pedestrian walkways at each intersection. The
"Private Drive" had the town -center feel that slowed the traffic instead of a road straight
through. He felt as if the applicant couldn't have gotten the staff recommendation for
approval in November and the applicant would not have gone through final engineering
process if they had known about these issues. The applicant had Clark Mapes, of the
Long -Range Planning Department, sign off on the plan. Mr. Youngie felt as if the issue
of the connectivity came up at the last minute.
Member Colton asked staff to comment on the issue that the project seemed to be okay
up until just recently.
• Planner Fuchs responded that the November 1998 "approval" as stated by the applicant
was only conceptual review. Conceptual comments were issued based on the plans
that were presented at that time. There was no approval given at that time. The
application was submitted in January of 1999. With the first round of formal review,
Planner Fuchs addressed many of the items, up for modification now, that the applicant
needed to meet, such as street orientations and the block standards. The application
was resubmitted, and there was another response by staff addressing the same issues.
The second round of review had the same response as the first round of reviews, so the
applicant came back to submit the eight modification requests. The applicant was made
aware they had to adhere to the block standards, and the staff would not just ignore
them. Connectivity was included in that discussion.
Mr. Jungie respectfully disagreed. There was a written confirmation of the February
meeting with no mention of the connectivity. The applicant would not have completed
final engineering if they knew.
Member Colton wanted a copy of that letter. He also wanted the staff to explain why the
connectivity was such an important item in this case.
Planner Fuchs responded that the Code does require the connectivity, instead of
creating barriers. The single-family portion had preliminary approval for a neighborhood
40
park. There had been a condition placed that if the modification requests were denied,
Planning and Zoning Boara Minutes
September 6, 1999
Page 14 of 21
the street would be placed and there would be the needed connectivity. This would knit
the respected neighborhoods together as required in the LUC.
Assistant Fire Marshall Gonzales added that PFA liked to see two points of access so if
there were an accident at the entrance to the cul-de-sac, there would be another way in.
Mr. Spillane stated it was not the intention of the applicant to be name-calling. They still
felt as if they were not informed of the street connectivity issue until just recently. They
were not here to discuss fire access and other issues. The issue tonight was building
orientation and how facades should be faced. Ron did mention the need for a
modification, and that was why there were here.
Member Torgerson asked staff if connectivity was not an issue, would all of the
modifications be required.
Planner Fuchs responded that many of the modification requests would be met if the
"Private Drive" was designed to a "Private Street" standard, but there was also the need
for connectivity, which would still need to be addressed.
Member Torgerson noted if the applicant went for alternative compliance, many of the
modifications would not be necessary.
Planner Fuchs stated if the "Private Street" was designed to meet the standards in the
code, it would comply with many of the modifications.
Member Torgerson asked Assistant Fire Marshall Gonzales that if the road weren't
connected and the drive was designed to the street standards, would he support the
project.
Assistant Fire Marshall Gonzales said that yes he could support the project.
Mr. Spillane stated the applicant was prepared to accept that condition of designing the
"Private Drive" to "Private Street" standards.
Engineer Stringer wanted to make sure the applicant understood that "Private Streets'
were to be designed to city street standards.
Mr. Spillane said that was Option B. The project would lose a few of the amenities, but
it was a feasible condition.
Member Bernth asked for clarification of what amenities were being lost.
Mr. Jungle stated the amenities were the eyebrows to make the pedestrian connections
at every intersection, the ability to have the raised crosswalks, and the opportunity to
have the parallel parking defined by the eyebrows. They created this development to
Planning and Zoning bard Minutes
September 6, 1999
Page 15 of 21
• be better than a "Public Street". The rounded corners around the clubhouse may be
forced to become T-intersections. The developer would make it a "Private Street", but
he feels they would be moving a step backwards.
Member Colton asked if there were bicycle and pedestrian connections over to the cul-
de-sac.
Terence Hoaglund stated there was a pedestrian connection through the north side of
the development, where they did enhance the crossing at the parking lot. In addition to
a connection to the bike trail, a further connection up through the single-family has
been made. They met pedestrian connection requirements between neighborhoods.
Member Colton noted the connection was not direct, it kind of went to the west then
connected to the bike trail.
Mr. Hoaglund stated there was a possibility that maybe they could get it to go straight
thorough, but they would have to widen things out. That would push the parking lot
closer to the property line, which would take away from the landscaping, and the
development had to be five feet off of the property line.
Member Torgerson asked a process question about alternative compliance, and if
• alternative compliance needed to be applied for by the applicant.
Director Blanchard stated that was correct. It would be part of the development review
process and the ultimate decision -maker, whether it is the Board or the Hearing Officer
depending on the type of hearing it is, would actually grant the alternative compliance.
That decision would not be made until the project was designed and taken to hearing.
Director Blanchard wanted to give clarification about a comment that "Private Drives"
are the only way to provide certain amenities. There is a provision for City Engineer
variances to street standards.
Engineer Stringer confirmed what Director Blanchard said as correct. Our standards
are set up with a variance request so it could be reviewed to see if there would be any
adverse affects to the community. If there were no ill effects, he could grant a variance.
There were several instances where they have allowed those amenities.
Member Colton noted "Private Drives" were allowed, but not to circumvent connectivity
requirements. If there weren't a road up there, it would be easy to just put in a "Private
Drive", but the fact that there was a road up there with a potential connection to it was
the problem. To him that meant a developer should not come in and say they want to
put in a "Private Drive" to avoid having to connect to another road. This could be the
same in any type of development. On the other hand he was still struggling with the
public good of having the road put through when there was a pedestrian connection to
• the cul-de-sac so the people could freely go between the communities. Understanding
Planning and Zoning Boar Minutes
September 6, 1999
Page 16 of 21
that connectivity was a big issue, but in this instance, he felt it was a smaller issue than
he would say in general.
Member Craig said one thing struck her when she was looking at the diagram with the
blackened streets. If you looked at all of the streets throughout the entire project, they
were all interconnected, but when you get to the purple area it almost looked funny the
way it did not connect. Connecting the street was more like City Plan. Member Craig
saw the interconnection as the important part of the development.
Member Colton wondered why the little turn around was not the connectivity for the
other project.
Member Bernth asked the citizen for his input.
The citizen stated that the discussion was to stop people from driving around more than
they needed to, yet some of the Board Members were pushing to make it easier to get
in a car and drive a block. If you looked hard on the map, there were a lot of cul-de-
sacs that were not highlighted, so we might feel that we should connect them all. If you
didn't connect them, you might actually encourage people to stop driving and get out
and walk to see their neighbor. It was spending money on something that really didn't
accomplish anything but stick to a standard that in this situation may not be the best
decision.
Member Torgerson asked for clarification of what findings needed to be made in the
motion.
Mr. Eckman responded with the appropriate findings to be made in the motion.
Mr. Spillane stated he would provide the wording for the findings more specifically if
necessary.
Member Bernth stated first that he felt it was a prime in -fill site, with natural physical
restrictions. He felt the applicant had done their best to address those restrictions.
There were safety concerns of the PFA, but there were similar projects in the city where
it was not a huge issue. He could understand the marketing issues of the quality of the
development. For the connectivity, he did not disagree with Member Craig, but he could
not see that it did much to connect the street through. That was his justification for
supporting the modifications. The applicant did change his mind on this one.
Member Torgerson asked for clarification on the Section 3.6.2(L)(2)(e) modification
request.
Engineer Stringer referred to a driveway cut that you would have similar to what might
be on your own driveway with a depressed curb and no radiuses at a street intersection.
•
Planning and Zoningpoard Minutes •
September 6, 1999
Page 17 of 21
Member Torgerson moved to approve the LUC Modification Requests of Sections
3.5.1(D), 3.5.2(C)(1), 3.5.2(C)(2), 4.5(D)(2)(d), 4.5(E)(1)(a), 4.5(E)(1)(b), and
3.6.2(2)(e), EXCLUDING the LUC Modification Request of Section 3.6.2(L)(2)(c)
from the approval. He felt these modifications were not detrimental to the public
good. He felt the modifications did not impair the intent and purposes of the LUC.
Member Torgerson considered the "Private Drive" to be equal to or better than a
"Public Street" with the exception of the connectivity. He did not feel that leaving
the connectivity out was detrimental to the public good and he felt it furthered the
purposes of the LUC, specifically it met a lot of the alternate compliance, even
though that was not how this project was to be judged. Assuming the drive
would function as a "Private Street" the block size, in modification request
4.5(E)(1)(a), would be addressed. Section 4.5(D)(2)(d), the lot size and layout is
addressed. Section 3.5.1(D), building orientation, is addressed because it is
facing what he considered equal to a "Private Drive". Section 3.5.2(C)(1),
orienting to a connecting walkway is addressed. Section 3.5.2(C)(2), street -facing
facades, are facing what he considered to be a "Private Drive". Member
Torgerson felt that Section 3.6.2(2)(e) was necessary for the project to function as
a "Private Street". Member Torgerson added a condition that the "Private Drive"
be upgraded to "Private Street" standards.
• Member Craig wanted clarification of whether he meant "Private Street" or "Private
Drive".
Member Torgerson stated he meant "Private Street".
Member Bernth seconded the motion.
Member Torgerson left out the maximum 150-foot dead-end drive. He felt it was
detrimental to the public good and it is not better than the code so it was not included in
the motion.
Member Colton supports connectivity, but in this instance he did not see the public good
for the neighborhoods affected by the connection. He felt the "Private Drive" was an
appropriate option for the development. With that, many of the other modification
requests would not be necessary. He would support the motion.
Director Blanchard wanted to clarify the condition made on the motion, which related to
a requirement that the internal drive be designed to "Public Street" standards.
Member Torgerson responded that was correct.
The motion was approved 3-1 with Member Craig voting in the negative
0
Planning and Zoning Boaro Minutes
September 6, 1999
Page 18 of 21
Director Blanchard wanted to clarify again, there was no modification granted to the
150-foot dead-end requirement.
Member Torgerson agreed.
Project: Recommendation to the City Council Regarding an
Amendment to the Master Street Plan for the
Proposed Realignment of the East Vine Drive Arterial
Project Description: Recommendation to City Council to Amend the
Master Street Plan for proposed changes to the
current alignment of East Vine Drive. This revision
has been prepared in response to Council direction to
present an amendment to the Master Street Plan for
the East Vine Drive arterial. Three potential
alignments will be presented for the Board's
consideration.
Hearing Testimony, Written Comments and Other Evidence:
Mr. John Daggett gave a presentation explaining the three options for the eastside and
four options for the westside of the East Vine Drive realignment. The option for the Null
Alternative included the existing positions on the Master Street Plan. The four westside
options include the Conifer Street Option (Option A), the Pinon Street North Option
(Option B), the Pinon Street South Option (Option C) and the Option D.
The Conifer Street option included curves and strange angled intersections. The Pinon
Street North Option included skewed intersections, but it followed the current alignment
of Vine with a grid like feature. The Pinon Street South Option, which was similar to
Pinon Street North, but has regular 90 degree intersections. Option D was created to
see if there was a way to change the alignment, without having people go north to get
south. The last option has many S-curves, so it is not as safe. From the citizen input at
the neighborhood meeting, the least preferred option was the Conifer Street Option.
Staff recommended Option C, the Pinon Street South Option.
Options A through D had neighborhood improvements included in the plans, but there
was a lack of funding for the improvements. Many of the intersections and areas still
needed study.
The three eastern options included Option 1, Option 2 and Option 3. The Option 1
displaced a parking lot, a barn and a coral. The Option 2 hugged the railroad alignment
to make developable parcels of land in a grid. The Option 3 was a hybrid, which
allowed development on both sides of the road.
Planning and Zoning Board Minutes
September 6, 1999
Page 19 of 21
• Member Craig asked if the City owned the eastside of 1-25.
Pete Wray, Advance Planning, had additional maps that might show the area better.
The area was in the Growth Management Area. Many of those parcels are eligible for
annexation.
Mr. Daggett stated that the Master Street Plan showed the east part of East Vine Drive
as a minor arterial.
The Transportation Board unanimously voted for Option C, the Pinon Street South for
the western end and Option 3 for the eastern side.
Member Bernth asked if staff has foreseen the costs for 30 years from now.
Mr. Daggett stated that the roads would be built as development occurs. The fees paid
by the developers would increase as the market increased.
Member Craig wanted to discuss the street improvements that would cost extra. Who
would pay for the intersections?
Mike Herzig, Engineering Department, responded that as pieces develop, they would
• improve the roads.
Public Comment:
Delores Williams, 1520 Hillside Dr., felt that she could not travel on Vine Drive during
the Five o'clock hour because of the traffic. She liked the grid alignments better than
winding roads. She recommended the Null Alternative.
Debbie Ray, 1000 N. College, owned a business that would be impacted on any of the
options. She felt there was no real opportunity to look at the Null Alternative. She liked
the Null Alternative, and felt the interchange at 1-25 deserved better consideration.
Chris O'Brian felt there were existing streets, so it would be a waste to build new roads.
He felt there was great potential on Vine where is existed now. He thought that
investing the money in improvements along the existing Vine would, better use the
money for this realignment. Another issue important to Mr. O'Brian was the meadow to
the north of Vine on Lemay. He felt the City kept putting in more roads, which cover
open space, watersheds, wildlife refuges, open views, etc. Lemay and Vine seems to
be a grid as it is.
Discussion:
• Member Craig asked to place the information on the record that Options A through D
will effect a red hawk nest on the north east corner of Vine and Lemay.
Planning and Zoning Board Minutes
September 6, 1999
Page 20 of 21
Kim Kreimeyer, Environmental Planner, stated that the developer would have to setback
1,320 feet. The options vary in distance from the existing historic tree. There is an
existing horse farm that doesn't seem to be affecting the tree. The concern is the
construction, not the regular existence of the road and people traveling it. Red Tail
Hawks are not disturbed by non -human impact.
Member Colton asked what is proposed out there already?
Mr. Daggett believed that the Structure Plan called for single family residential.
Planner Wray stated that there were no proposed projects in the area at this time.
Member Colton asked why the Null Alternative was not to be reviewed.
Mr. Daggett stated that Council asked staff not to examine the Null, but to create new
alternatives.
Gary Diede, Engineering Department stated there were many discussions about the
neighborhoods in the area, so the plans were made to go around the neighborhoods
instead of through them.
Member Torgerson asked why the New Harmony Road was not placed around the
neighborhood.
Mr. Diede stated that the New Harmony Road was placed to the north due to a very
dangerous intersection. The housing was not developed at the time, so the people
buying the new houses knew an arterial would be placed through the neighborhood.
Member Torgerson asked how long the Null Alignment has been on the Master Plan.
Mr. Diede responded that it has been on the plans since the 80's. The neighborhoods
in the East Vine area have been there since the 40's. So the City would have to
purchase housing anyway.
Member Craig felt that the Null Alternative was the better option.
Member Torgerson moved to recommend the Null Alternative for the westside of
East Vine Drive as is exists on the Master Street Plan.
Member Craig seconded the motion.
Member Colton concurred with the recommendation. He felt it should be studied more
now that it is not a truck route.
Planning and Zoning Pard Minutes •
September 6, 1999
Page 21 of 21
Member Bernth agreed with the other Board members.
Member Torgerson felt it was important to keep the roads in a grid.
The motion was approved 4-0.
Discussion for the eastside of East Vine Drive:
Member Torgerson asked which option would be better from a safety standpoint.
Mr. Herzig responded that all options have the appropriate curvature to the allotted
speed for the road to be safe.
Member Torgerson moved to recommend Option 3 for the eastside of East Vine
Drive.
Member Craig seconded the motion.
The motion was approved 4-0.
Member Craig moved to recommend that Council make these changes on the
associated plans consistent with the Master Street Plan changes to be made by
Pete Wray.
Member Bernth/Torgerson seconded the motion.
Mr. Wray said that there would be changes needed, but they would be housekeeping
changes to the Mountain Vista Map, Transportation Plan for Mountain Vista, and the
City Structure Plan Map just to change the Transit Route on Vine Drive.
The motion was approved 4-0.
Other Business:
Not enough people to discuss the other business.
The meeting adjourned at 11:40 p.m.
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