Loading...
HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 08/26/1996`J 0 C1 • Council Liaison: Gina Janett I Staff Liaison: Bob Blanchard Chairperson: Gwen Bell Phone: (H) 2213415 Vice Chair: Glen Colton Phone: (H) 225-2760 (W) 679-3201 The meeting was called to order at 6:37 p.m. by Chairperson Gwen Bell Roll Call: Weitkunat, Byrne, Colton, Gavaldon, Bell. Member Davidson was absent. Staff Present: Blanchard, Duvall, Ludwig, Shepard, Olt, Ashbeck, Wamhoff, Herzig, Haas, Schlueter, Deines. Agenda Review: Director of Current Planning Blanchard reviewed the consent and discussion agenda's: 1. Minutes of the April 8, April 22, 1996 Planning and Zoning Board Hearings. (Continued) 2. #5-94F Symbols Logic PUD, Phase I - Final 3. #16-96A Ramada Limited Suites PUD - Preliminary 4. #73-82S Eagle Tree Condominiums PUD - Final 5. #8-96 The Greens at Collindale PUD - Preliminary 6. Modifications of Conditions of Final Approval 7. Resolution PZ96-12 Easement Vacation 8. Resolution PZ96-11 PUD Abandonment Discussion Agenda: 9. #73-82R Provincetowne PUD - Overall Development Plan 10. #46-88F Park South PUD - Amended Overall Development Plan 11. Appeal of an Administrative Change For Timberline Storage PUD 12. #20-82C Harbor Walk Estates PUD - Referral of an Administrative Change 13. Recommendation to City Council Regarding the Parking Plan for CSU, and the Downtown and CSU Neighborhoods. 14. Recommendation to City Council Regarding the Parks & Recreation Policy Plan. J The Following items will be heard at the September 9, 1996 Planning and Zoning Board Hearing: 15. Recommendation to City Council Regarding Zoning and Siting Standards for Wireless Telecommunications Facilities. 16. #21-96 Recommendation to City Council Regarding Rezoning Downtown Properties from IG, General Industrial to RC, River Corridor. 17. #20-96 Sinclair Redevelopment PUD - Preliminary and Final 18. #6-96 Harmony Towne Center PUD - Preliminary (Continued) 19. #31-95C Hearthfire PUD - Preliminary (Continued) 20. #49-95 Harmony Ridge - Overall Development Plan 21. #49-95A Harmony Ridge PUD, Phase One - Preliminary Director Blanchard asked the Board to move Item 12, Referral of Administrative Change for Harbor Walk Estates to the first discussion item tonight. That would be followed by Item 9, Provincetowne PUD. That would be followed by Park South Amended Overall Development Plan and then Timberline Storage PUD continued from the last two meetings. Member Byrne pulled the Ramada Limited Suites PUD, Item 3, for discussion. Member Colton moved for approval of Consent Items 2, 4, 5 (with variance), 6, 7 and 8. Member Weitkunat seconded the motion. The motion was approved 5-0. RAMADA LIMITED SUITES PUD. PRELIMINARY. #16-96A. Member Byrne asked for a brief update on the transportation aspects of this proposed development. Particularly, transit and pedestrian elements. Planner Ludwig reviewed the transit in the area stating there were northbound and southbound bus routes on South College Avenue. There is a southbound route bus stop at the southwest corner of Boardwalk Drive and College Avenue, and a northbound bus route bus stop at the northeast corner of Boardwalk and College as well as stops along Coalboard and Creger Drives. From the site it is about 650 feet to public transit. There is no public transit running along south Mason Street. Planner Ludwig reviewed the slide of the site plan and reviewed the sidewalk and pedestrian connections in the area. . Planning and Zoning Board Minutes August 26, 1997 Page 3 Member Byrne asked about the street standards that would apply and would the new street standards with detached sidewalks apply. Planner Ludwig replied that they would not apply, however they are providing a detached sidewalk along south Mason Street. Member Weitkunat asked about the 4 foot sidewalk on the plan. Planner Ludwig replied that was an error and it would be 5 foot. Member Colton asked for someone to speak to the traffic situation in the general area. Fred Jones, Transportation Department replied that when the traffic impact analysis was looked at for this project, the intersections of Horsetooth and Mason and Mason and Harmony were not evaluated. There was an estimated 577 vehicle trips per day generated by the Ramada Limited Suites with 46 trips coming out at PM peak. That was not a significant impact and the intersection that was at Mason and Boardwalk • would operate at a level of service that would be acceptable. Mr. Jones stated there was currently a problem at Mason and Horsetooth and whether this one project would be responsible for mitigating those impacts — that decision was not made. Member Colton asked about the level of service at Mason and Horsetooth. Mr. Jones replied he had not done the evaluation at that intersection, however, there is some stacking at College and Horsetooth and also at Mason and Horsetooth at PM peak, and on Saturdays. Without an evaluation, he would not be able to speak to what the service level is currently. Member Byrne asked about the development being next to the railroad tracks and what would be the impact of the noise from the railroad. Planner Ludwig replied that we rely on the market to propose the use on the property, and if they feel that a hotel next to railroad tracks is marketable, then that would be their marketing decision. There is residential development next to railroad tracks throughout Fort Collins. • Eldon Ward, Cityscape Urban Design, representing the applicant stated they could answer any further questions the Board may have. Planning and Zoning Board Minutes August 26, 1997 Page 4 He stated that this development would be a very low traffic generator. With regards to the sound situation, the hotel is very well sound proofed and the hotel operators felt it would not be a problem. Member Byrne asked about Mason Street becoming more of a bike/pedestrian area in the future. Planner Ludwig replied that these commercial corridors were being looked at in City Plan, but he did not know about the specific designations or plans for this street has been determined at this time. Director Blanchard added that City Plan is anticipating that Mason will become what they are terming a transportation corridor, where there will not only be automobile traffic but the ability to use alternative modes as well. There might also be potential for light rail or a commuter train system. Chairperson Bell asked if it was typical on a project like this not to evaluate a major intersection. Mr. Jones replied that if the impacts are minimal, like in this case, then staff would only evaluate the intersections that were in close proximity to mitigate the impacts. PUBLIC INPUT None. Member Byrne moved for approval of the Ramada Limited Suites PUD, Preliminary. Member Gavaldon seconded the motion. The motion was approved 5-0. Member Gavaldon moved to grant the variance to this project. Member Byrne seconded the motion. the motion was approved 5-0. Planning and Zoning Board Minutes August 26, 1997 Page 5 HARBOR WALK ESTATES P U D REFERRAL OF AN ADMINISTRATIVE CHANGE #20-82C. This item was appealed to City Council and a verbatim transcript is attached. 0 Planning and Zoning Board Minutes August 26, 1997 Page 6 PROVINCETOWNE AMENDED OVERALL DEVELOPMENT PLAN #73-82R This item was appealed to City Council and a verbatim transcript is attached. The remainder of the items will be continued until the September 9, 1996 Planning and Zoning Board hearing. There was no other business. The meeting adjourned at 12:23 a.m. • MEETING BEFORE THE PLANNING AND ZONING COMMISSION Held Monday,*14HIMIr-216a), 1I9(y At Fort Collins City Council Chambers 300 West Laporte Avenue Fort Collins, Colorado Concerning Harbor Walk Estates PUD Members present: . Gwen Bell, Chairman Mike Byrne Glen Colton Jerry Gavaldon Karen Weitkunat For the City: Paul Eckman, City Attorney's Office Ted Shepard, City Planning Office Mike Ludwig, City Planning Office . Court reporting services provided by: Meadors & Whitlock, Inc. 315 W. Oak Street, Suite 500 Fort Collins, Colorado 80521 (970) or (800) 482-1506 Fax: (970) 224-1199 2 1 MS. BELL: Okay. We're ready to move on to our 2 first item of discussion tonight, which is the Harbor Walk 3 Estates PUD. 4 I do always like to let the members of the 5 audience know that our meetings do tend to run rather late. 6 However, we have been trying to stop things around 11:00 7 o'clock, if it's reasonable to do so, and I do try to like 8 to alert people in the audience if we think we're not going 9 to get to items that you're sitting here for so that you 10 don't have to sit here all evening. 11 There's -- could be a rather high likelihood we 12 do not get through all of these first four main items; and I 13 would guess that around 9:00 o'clock, the Board will have a 14 little bit better feeling on that. And when we take our 15 break, we'll certainly let everybody know so that you can go 16 home, if we're not going to get to the item you're here for. 17 So let's begin with a presentation here by Staff 18 on item number 12, Harbor Walk Estates. 19 MR. SHEPARD: Madam Chair, for clarification, 20 I'm taking what you just said as indication that if anyone's 21 here for the two recommendation items to City Council, 22 either the parking plan or the remarks and recreation plan, 23 that those will not be heard tonight. 24 MS. BELL: I think there's a very strong 25 likelihood they will not be heard tonight. As I understand, * 3 1 we have quite a few people here to talk to us about a number 2 of these items tonight. So that usually takes a little bit 3 more time. 4 MR. SHEPARD: Thank You, Madame Chair. This 5 item is a referral of an administrative change for Harbor 6 Walk Estates PUD. This is a request to add a sound 7 abatement wall along the west side of Lemay Avenue, along 8 the fronts of lots 7 through 15. The parcel is located on 9 the east shore of Warren Lake, south of the dam, and west of 10 Lemay Avenue. The property is zoned RIM, low density, 11 planned residential. 12 I'd like to point out that we received, this . 13 afternoon, a letter that I want to add to your packet -- I 14 handed it to you earlier tonight -- from Fred and Susan 15 Cozak. We were not able to give it to you on Friday because 16 we just received it today, but we did make copies for you 17 tonight. So you have that as part of your consideration for 18 this evening. 19 And we've got a lot of slides that you are -- 20 are available to take a look at, if you'd like, slides of 21 the actual embankment, the superimposition of a sound 22 abatement wall up on the bank. At that point, though, I'm 23 turning it over to the applicant to walk you through the 24 proposal. 25 MS. BELL: Thank you. Does that seem agreeable 0 1 with the Board, to just move right on to the applicant? 2 Okay. 3 MR. SOLLENBERGER: Good evening. I'm Mike 4 Sollenberger. I live at 1112 Cobblestone Court, and I am 5 the developer of Harbor Walk Estates, phase 2. I'm also 6 a -- going to be a resident of this new area, so I'm wearing 7 two hats tonight. 8 I want to build a sound abatement wall to help 9 protect us from the noise from Lemay. It's a consistent 10 idea, I think, with what's been going up and down Lemay. 11 Our neighbors to the south, Harbor Walk Estates phase 1, 12 have a six -foot -high privacy slash sound wall or fence. our 13 neighbors to the east and a little bit to the south, Golden 14 Meadows, have a privacy slash sound wall against those lots 15 that abut Lemay, and so forth, all the way down the south 16 part of Lemay and quite a ways up to the north of us on 17 Lemay. 18 We have had several meetings with the 19 neighborhood and have responded, I think, to most of their 20 input; have compromised a great deal, and we think we have a 21 solution which satisfies our need for sound abatement and 22 also addresses the concerns that we've heard. 23 Tonight, I have with me Linda Ripley, who will 24 address you now, and also Dr. Armando Balloffett, who will 25 address you regarding the sound issues. And then I would be 5 1 available for questions later. Thank you. 2 MS. BELL: I would like to remind everyone that 3 we're on standard rules of 30 minutes for your presentation. 4 MS. RIPLEY: Bring this down a bit here. Madame 5 Chairman, members of the Board. I'm Linda Ripley with VF 6 Ripley Associates, and I'm here as Mike Sollenberger's 7 landscape architect and planner. 8 I'd like to go over, first of all, the purpose of 9 the fence; talk about that a little bit, and then go into 10 issues that we learned from the neighborhood, objections 11 they have, concerns that they have that range from views of 12 the foothill to issues about sound and sound reflection, and i13 then, obviously, concern for aesthetics and maintenance of 14 the proposed fence. So as I go through those neighborhood 15 issues, I'll also be talking about the developer's response 16 to each of those issues. 17 First of all, I'd like to orient you to where 18 we're proposing the fence and what the situation is along 19 Harbor Walk Drive. This drawing shows lots 7 through 16, 20 along Harbor Walk Drive. This is the area where we're 21 proposing the fence, from lot 7 -- the fence would go along 22 lot 7 to -- and stop at lot 15. 23 What we have here is Lemay Avenue, approximately 24 a 35-foot setback to Harbor Walk Lane. Harbor Walk Lane is 25 approximately -- is 28 feet wide, and then homes to be built 0 1 on these lots would be set back an additional 20 feet from 2 there. So that kind of gives you an idea of where -- where 3 the fence is located. 4 This is a slide taking -- taken from one of the 5 front yards. I apologize; it's a little bit dark. But I 6 think you can see from the front yard along Harbor Walk 7 Lane, you get a very clear and direct view of traffic along 8 Lemay Avenue. 9 And I took this slide myself, and I'm just a bit 10 over five feet tall, and I was standing -- I wasn't as tall 11 as a person's front porch would be. So the view of the cars 12 and trucks going by along Lemay are in constant view of 13 these people's front yards. It's visually distracting, and 14 I wouldn't say the sound -- the sound is not deafening in 15 this case. It's not a roar of noise. But it's a constant 16 traffic noise that certainly detracts from the pleasant 17 environment that my client is trying to create for this 18 neighborhood. 19 This is the fence just south of the property, 20 for the first phase of Harbor Walk Lane, where a fence was 21 used to block off the noise and traffic along this 22 residential area. My client is simply trying to do the same 23 thing, to -- it's something that's very commonly done; in 24 fact, staff often requires that a fence be built when 25 residential is planned along an arterial street. ! 7 1 Now I'd like to go into the neighborhood issues, 2 which are basically why we're -- why we're here tonight, 3 because there are a few members of the Golden Meadows 4 neighborhood which is situated east of this project, across 5 Lemay Avenue. These residents do object to the fence. 6 So I'd like to go over -- City staff has done a 7 good job of, I think, getting these people together with the 8 developer, going over different ideas, seeing if there are 9 compromises that can be made, and indeed, there have been. 10 Originally, we proposed a six-foot fence along their entire 11 property from lot 7 all the way along 16 -- all the way 12 through lot 16. 13 As I go through, I'll explain how that has 14 changed through the interaction with neighborhood and 15 learning about their concerns. 16 The first concern that was talked about was, 17 "Gee, we're going to lose our view of the foothills if you 18 build this fence." I would mention that views of the 19 foothills really isn't a criteria that the Board uses to 20 evaluate projects. It's not a criteria in the guidance 21 system, simply because you can't legislate views of the 22 mountains from everywhere in the city, or else nothing would 23 ever be built west of anything else. But I think it's still 24 important to look at what the fence does do to the view of • 25 the people in Golden Meadows and what it doesn't do. e 1 This site or this slide is a vicinity map that 2 shows Harbor Walk Estates, right through here, these lots, 3 and these numbers indicate where I was when I took the 4 following slide. So I'm right at the edge of condo golf 5 course, basically just off the back yards of some of these 6 people that currently have a fairly decent view of some 7 foothills across Warren Lake. 8 As you get closer to Warren Lake, that view goes 9 away, but as you do stretch back here, you have a view of 10 the foothills. And then the fourth shot will be a shot as 11 if you were a car or pedestrian going down Lemay Avenue. 12 Okay. This first shot is actually the closest. 13 It's right -- I'm standing right behind the fence line that 14 separates the golf course from the property along Lemay, 15 which will be developed. So the first thing you'll notice 16 is that when you build homes on this property, those -- that 17 project will take out any view of the foothill. And even if 18 it weren't, right in here, I've drawn in the fence right on 19 top of the embankment. I've drawn in trees and homes that 20 will be built on top of the embankment. 21 The dark gray in the background is the view of 22 the foothills. So in terms of obliterated the view, the 23 fence is really insignificant in comparison to what the 24 homes will do. And you're not evaluating the homes 25 tonight. That's been approved years ago. We're simply • 9 1 evaluating the addition of a fence. 2 So as you go further back, what happens is that 3 fence just becomes smaller and more insignificant. 4 And there, I'm across the ditch. And this next 5 slide is from Lemay. That is -- that fence is shown 6 approximately six feet high. It was done earlier in the 7 project when we were proposing it be approximately six feet 8 high. Since then, we have lowered the fence. 9 One thing the fence would do in terms of their 10 view, is since Harbor Walk Lane is a one-sided street, 11 visitors will tend to park on the opposite side because 12 there are no driveways. A fence would screen parked cars • 13 along Harbor Walk Lane, so you'd see a fence and then see 14 the houses beyond. We think that would be an advantage of 15 the view from Golden Meadows. 16 The second issue that the neighborhood raised 17 was sound issues, and basically, I'm going to let Dr. 18 Balloffett address sound and the facts about what sound does 19 and what it doesn't do. But there are a couple of things 20 that I heard the neighborhood say, and I have difficulty 21 reconciling this in my own mind, is I heard, one, that the 22 sound is not a problem for these potential homeowners along 23 Harbor Walk Lane because it's simply not noisy up there. 24 And then at the same time, I heard them say that if a 25 fraction of the sound were to bounce back to their 10 1 neighborhood, that would be very much of a problem. 2 So that's all I would like to point out in terms 3 of sound, is I think that there are two things we're trying 4 to accomplish. One is buffer these folks from both the 5 actual sound as well as the visual aspects of that sound. 6 Psychologically, if you don't see the sources of sound, the 7 sound simply isn't as bad. So the visual aspect is 8 something we're stressing with the fence. 9 This is where we got into working with the 10 neighborhood to a very technical degree. We went out and 11 took shots all along Lemay Avenue at the curb line and at 12 the top of the bank to find out, what's the differential? 13 And we found some interesting information. 14 We found out that it is not consistent all the 15 way along, but that there's quite a bit of difference. The 16 lots 1 through 5 which are already built on homes that 17 exist. The houses sit between 10 and 12 feet above Lemay. 18 Then the bank is lower for lots 7 through -- I believe 7 19 through 10. We only have a bank that is approximately eight 20 and a half feet high. And then the bank rose again from 21 eight and a half to the neighborhood of 11 and 12 feet tall. 22 And what that information allowed us to do was 23 figure out exactly how tall this fence needs to be to 24 accomplish our objective, which is to block out the visual 25 aspect of the traffic on Lemay and thereby block some of the 0 11 1 sound as well. 2 So at lot 7, where our bank here is only five 3 feet -- or eight and a half feet high, we need five feet in 4 order for a person's line of sight to cut out the traffic on 5 the opposite end of Lemay. However, at lot 15, same person 6 in his house, we only need a three-foot fence to accomplish 7 the same objective. 8 This section just shows that a little more 9 clearly. This is where we need five feet of fence in order 10 to accomplish that objective. 11 The concerns we heard about a fence at all were, 12 "Well, what's it going to look like?" So I'd like to walk 13 through you that a little bit. 14 If you can see, this is a drawing of the fence 15 as it would be five feet high. For approximately 400 feet, 16 it would be five feet high. Then it would drop to four. 17 And then for approximately 165 feet, and then drop to three 18 feet and then end right here at lot 15. 19 In addition to stepping the fence down, we're 20 also proposing quite a few landscape changes to the existing 21 conditions out there, to not only make this development more 22 attractive, but we feel would make the whole area along 23 Lemay there look more attractive. 24 These street trees along Lemay exist. We're • 25 proposing to add a second layer of street trees. So we've 12 1 got four groups of three trees each that will create this 2 kind of pedestrian environment along the sidewalk along 3 Lemay there. 4 Where we're not adding the couple rows of trees, 5 we'll go in and add shrubbery and vines against that fence 6 that provides some contrasting fall color, and generally 7 make it more attractive. The vines will grow up on the 8 fence and make it a very integral part of that bank. 9 The bank itself will continue to be grass. 10 However, right now, it has a lot of broadleaf weeds in it. 11 There are proceeds to clean it up, add irrigation, and have 12 a consistent texture of green grass along that bank. So I 13 think the bank and the green grass together will be an 14 improvement over what the community has right now. 15 We heard a lot of concerns about graffiti and 16 how we would handle that. The neighborhood has a problem 17 with graffiti out there on the Warren Lake dam. People, 18 kids, whoever, continually make graffiti on the dam. It's 19 painted over, but it always comes back. Sometimes it's not 20 taken care of very quickly, and it's been an eyesore and a 21 problem for the folks that live out there. So they're 22 obviously concerned about, "If you put another target up 23 here, how are you going to deal with that?" 24 The way we answered that was to say, "Well, 25 first of all, it's likely to not be as big a problem on this n u • 13 1 fence as it is on the dam." The dam's set further back, 2 it's dark, it's out of the way, whereas this fence is along 3 Lemay, it's very visible to traffic, well -lit at night, so 4 it would be less comfortable for kids to be doing it in that 5 kind of highly visible environment. 6 Secondly, people that are paying approximately 7 $150,000 for these lots are not likely to put up with 8 graffiti on their fence that has a direct impact on their 9 image and the image of their neighborhood and their home. 10 As far as what could be done, the fence will 11 have a stain on it. It's likely that we would simply be 12 able to paint over the graffiti. We're looking into • 13 pretreatments that make it easier to clean graffiti. And as 14 a worst -case scenario, since the fence is made of wood 15 components, pickets could simply be replaced in order to 16 make sure that the problem is solvable. 17 In summary, I just want to reiterate that the 18 purpose of the fence is really two -fold. It's simply to 19 buffer, to provide a buffer between the Lemay traffic, which 20 is constant and steady, and the homes to be built upon -- 21 along Warren -- Harbor Walk Lane, excuse me. 22 We've listened to the neighborhood. We feel 23 like we've really changed our fence design to address their 24 concerns. And we think we've hit on a very reasonable 25 compromise. 14 1 We look forward to hearing your comments, and I'm 2 available to answer questions. Dr. Balloffett is here. I'm 3 going to let him talk about sound a little bit, both the 4 nature of sound and his evaluation of this particular site. 5 DR. BALLOFFETT: Good evening. It's a pleasure 6 to address the Board on this issue. What I'll not do this 7 evening in the three or four minutes I have is make everyone 8 here a sound expert. I'm not expecting that. But in doing 9 this for a long time, I find that it's important to set some 10 basic ideas down about noise and sound and how we measure 11 those items and what they mean so that we can be comparing 12 apples and apples. 13 I have here a -- not sure how visible, but it's 14 a scale that shows common noise levels. First of all, we 15 need to distinguish between sound and noise. Sound is a 16 physical phenomenon that has to do with air pressure changes 17 in the atmosphere around us. Noise is how we perceive that 18 sound. And we perceive sounds different ways. 19 A rock band at 120 decibels can be considered 20 noise by some. By others, it may not be noise in different 21 circumstances. So there's a lot of subjectivity having to 22 do with noise and sound. 23 I've put this scale up to show a number of 24 things. First of all, subjective evaluations. And I'm not 25 sure it's completely in focus here, but noise is up in the 15 1 jet engine or at the motorcycle level is considered 2 deafening. I think we understand that. Auto horns very 3 loud. Urban street or noisy factory can be in this very 4 loud. 5 And if you notice, this red indicates one set of 6 standards that is often used from HUD, Housing and Urban 7 Development agency, where they consider noises in these 8 ranges to be unacceptable. The yellow gives us a range of 9 normally unacceptable, so we should do something about it. 10 And the green is normally acceptable. 11 But I bet I could come and measure a dog barking 12 down the street at 2:00 o'clock in the morning, and it'll be 13 around 40, strictly in the green. Do we perceive it as 14 noise? Sure. So we need to understand the subjective 15 nature of noise. 16 I put on here also, last Thursday morning, 17 during the peak hour, I went out and measured the noise on 18 Lemay, right across from lot 7 at Harbor Walk. And I got 19 LEQ of six decibels. That is at a position right on the 20 right-of-way line. This is Lemay, looking south. And 21 that's the position of the sound level meter last week. 22 68 decibels, if we go back for a moment, is in 23 this yellow band for purposes of a standard from HUD. And 24 it would be normally not acceptable as a noise level. 25 That's right on the edge of the right-of-way. The houses on 16 1 Harbor Walk will be farther back, probably twice as far back 2 from the center line of Lemay. 3 There is something that we need to know about 4 sound and how we measure it, and that is that decibels are a 5 logarithmic scale, and that when we add and subtract energy 6 levels, we do so in a different sort of way than 7 arithmetically. And we'll get to that in a few minutes. 8 But fundamentally, when we have a problem noise, 9 and at 68 decibels, which is reduced to about 65 at the 10 houses themselves, because of the distance -- we double the 11 distance, we lower by three decibels -- we can do something 12 about it, and what we do is take a look at one of the major 13 three items involved in noise, and that is, the source of 14 the noise. We can do something about that, possibly, like 15 lower the speeds on Lemay, perhaps, or something like that, 16 or make quieter cars. We can put something between the 17 noise and the receiver, or we can do something about the 18 receiver. 19 And what is done most often with traffic noise, 20 where it's possible, is that something is put to cut the 21 path between the source.and the receiver. To cut this 22 straight line, line of view path, between the two, these two 23 aspects, of the noise equation. 24 When we do that, any reasonably solid noisy 25 wall, even if it's not very tall, as long as the line of L 17 1 sight is cut, and Linda talked about that, will get you 2 about five decibels or six decibels reduction. Since we are 3 at about 65 now, as I said, at the houses, if we go back to 4 the scale again, we were at 68 right at the street, 65 at 5 the houses. If we put a barrier there, we get down to 60, 6 which puts us in the green or moderate area of noise 7 acceptability. 8 The bottom line, then, is that the noise levels 9 will be reduced to what the HUD acceptable noise levels are, 10 using this wall. And there is lot more that we can talk 11 about. We can talk about decibel addition and so forth, but 12 in the interests of time, I'll be happy to answer questions • 13 later on. I hope this explains the need for the wall and 14 what we are hoping to accomplish. Thank you. 15 MS. BELL: Is there anything else that the 16 applicant would like to say to us at this point? 17 Are there any questions of the Board by the 18 applicant at this point? 19 MR. BYRNE: Dr. Balloffett, a quick question for 20 you. I am looking at a document called the Land Use 21 Policies Plan, which is one of the guiding principles of how 22 we do development in our community. And item 44 states very 23 clearly, and this was -- this was created back in 1977, I 24 believe. "The City shall adopt and implement Federal and . 25 State noise regulations and established noise impact zones m 1 surrounding airports, railroad lines, and major arterials, 2 only allowing development to occur which effectively 3 mitigates the negative noise impact in the noise impact 4 zone." Are you familiar with that statement in the -- 5 DR. BALLOFFETT: I'm not familiar with that 6 statement. I'm familiar with the regulations you're talking 7 about, yes. 8 MR. BYRNE: Okay. Now, you mentioned the HUD 9 standards. 10 DR. BALLOFFETT: Right. 11 MR. BYRNE: If a community is in violation of 12 those, they're not enforceable. I mean -- 13 DR. BALLOFFETT: That's correct. 14 MR. BYRNE: They're basically -- 15 DR. BALLOFFETT: They're guidelines. 16 MR. BYRNE: Right. And in your estimation, are 17 we -- we're over the 60 whatever it is, 65 -- 18 DR. BALLOFFETT: 65 day -night noise average 19 level, yes. We're slightly over that or just on the verge 20 of that at the homes on Harbor Walk. 21 MR. BYRNE: And Lemay is -- I might be wrong on 22 this, but as an arterial street, is probably not one of the 23 more heavily traveled arterial streets. I know that Shields 24 Street and College Avenue are certainly -- 25 DR. BALLOFFETT: Much higher level. So is 11 0 0 19 1 Harmony. 2 MR. BYRNE: So they're a much higher level. 3 DR. BALLOFFETT: Right. 4 MR. BYRNE: So this is a condition that as we 5 grow, we can expect more of that kind of thing, because 6 people are -- you know, as you say, it's noise. It's 7 unwanted sound. 8 DR. BALLOFFETT: Right. 9 MR. BYRNE: That's it. Thanks. 10 MR. GAVALDON: The question I have is regarding 11 the other side of the fence, as a person would, say, go from 12 Golden Meadows, have you done any studies there to measure 13 decibel levels and what those numbers would be? 14 DR. BALLOFFETT: On the other side of which 15 fence? 16 MR. GAVALDON: Looking on the other side of the 17 street. You spoke mainly about Harbor Walk, but I want to 18 look at Golden Meadows and analyze their data a little bit 19 to see what the fence would do without -- what it would do 20 without the fence and with the fence. 21 DR. BALLOFFETT: Okay. In my opinion, there 22 will be little or no impact on Golden Meadows from the 23 fence, if you're meaning reflections from Lemay. There's a 24 number of reasons for that. 25 The first reason is that the maximum increase 20 1 that you can have in decibels, if you had a perfectly 2 reflecting wall, perfectly reflecting back to the receivers, 3 would be three decibels. The wall itself is not creating 4 any additional energy, and the energy indicated, when you 5 double the energy level, you're increasing by three 6 decibels. 7 However, you will not have a perfectly reflecting 8 situation, and you will also have additional distance 9 working in your favor. The distance to the closest Golden 10 Meadows property line from where the southern end of that 11 wall, it's about 250 feet. If we assume that the wall was 12 reflecting perfectly and that point of the wall, we had 65 13 decibels, approximately, that's a five-foot distance. If 14 you take that distance and multiply it by five, you're going 15 to lose between six and eight decibels. 16 When you -- I hate to get into this jargon, but 17 when you get into decibel addition, you realize that -- let 18 me see if I have a slide here. When you add or subtract two 19 numbers using decibels, if the difference between the 20 numbers is in the order of zero to one decibels, you would 21 modify, you would add, say, to the larger number, three 22 decibels. 23 If you are in this range, you would deal with one 24 or zero decibels, and what I mean by that, being in this 25 range, is, that the folks on Golden Meadows that are closest • • 0 21 1 to Lemay, they're getting 65 to 68 decibels directly from 2 Lemay with no reflection at all. The maximum reflection, 3 because of the distance from the fence to the closest 4 property line, would be six to eight decibels less than the 5 direct Lemay contribution. 6 If you're in this range, that's one decibel 7 difference; if you have perfect reflection; if you don't 8 have an embankment that is going to absorb and reflect in a 9 different direction a lot of the noise. 10 So, again, from my personal opinion, that's not 11 going to happen. And at the most, you would find about a 12 one decibel difference, and that is considerably -- that's 13 not normally noticeable by human beings. I mean, we start 14 noticing differences between noise level at a two -to 15 three -decibel difference between two noises. 16 MR. GAVALDON: Thank you. 17 MS. BELL: Sir, perhaps you've already answered 18 this, but we currently have a fence, privacy fence, now an 19 abatement fence, whatever we want to call it along Golden 20 Meadows. Is that correct? 21 DR. BALLOFFETT: There is a cedar privacy fence, 22 I believe. 23 MS. BELL: And we have another example of fencing 24 south of this project. Is that also right? 25 DR. BALLOFFETT: I believe so, yes. 22 1 MS. BELL: So were decibel levels taken in those 2 areas where we -- I mean, that's right in the field there, 3 and would be a really good example of what a fence would do 4 for sound abatement, so were levels taken in those areas, 5 too? 6 DR. BALLOFFETT: You mean, across from those 7 fences. No, I didn't take any measurements across from 8 those fences. 9 MS. BELL: Thank you. 10 MR. COLTON: Yeah, one other question on the 11 noise level to the actual lots themselves. You say that 12 there's 68 across the street from lot 7, and that you 13 calculated it would be three less because the distance is 14 doubled. I'm wondering if you took some actual measurements 15 up in those lots, because I'm not sure what the impact of 16 that bank is. My thought is that some of it would be 17 deflected for the bank the way it currently is. So do you 18 have some actual -- 19 DR. BALLOFFETT: I don't have any measurements up 20 there. Some of it would be deflected, but essentially, if 21 you have a direct line of sight between where you're 22 standing and your ear is, the source of the noise, that 23 embankment is not going to have any embankment. It's only 24 if the embankment were to cut that direct line of sight. 25 That embankment. 23 • 1 MR. COLTON: Okay. I may want to see the 2 line -of -sight slide again just to see kind of where the 3 angle is from the street up to the front of those houses. 4 MS. BELL: Yeah, I'm following up on that. If I 5 were in my bedroom in my two-story house, which is going to 6 be way up there and back, you know, what is the sound going 7 -- I mean, what kind of -- I don't see any drawings that 8 show that line of sight. That's right. 9 MS. RIPLEY: That wouldn't help on the second 10 level. We're only talking about the fence helping, 11 basically, the entry, you know, as you enter your house, 12 when you're in your front yard. 13 MS. BELL: Like the bottom level of the first 14 story? 15 MS. RIPLEY: Uh-huh. 16 MR. GAVALDON: I want to get back and look at 17 the fence along that three -feet -high. I notice that you 18 went from five to three, going to the northern part, to lot 19 15. So by going to three feet, are we compromising anything 20 on the decibel levels? 21 MS. RIPLEY: No, we're not. Basically, we have 22 a higher -- we're up higher -- we have a higher wall at the 23 three-foot wall than we do at the five-foot wall, because 24 the bank itself is just a little over 12 feet high at that 25 end. Therefore, we only need a three-foot high wall to 24 1 accomplish basically the same objectives. 2 MR. GAVALDON: If you add vegetation to all 3 that, how would that affect the data of decibel measures? 4 MS. RIPLEY: If we added what? 5 DR. BALLOFFETT: That's often done, and that 6 goes back to the subjective aspect of noise. Vegetation, at 7 the thicknesses which we're talking about, which would only 8 be a few feet of shrubbery there, really wouldn't change the 9 noise measurements at all. However, it would change 10 people's perceptions. If you couldn't see the source of the 11 noise, you would somehow feel it was less noisy. You would 12 need something on the order of a hundred feet of vegetation 13 to get the effect of a single noise wall. 14 MR. GAVALDON: Does that include trees? You 15 were just talking shrubbery there for a minute. 16 DR. BALLOFFETT: Trees, shrubbery, again. 17 Anything. But you need a long depth of vegetation of 18 roughly 30 meters or so to start getting the effect you 19 would get from this kind of noise wall. 20 MR. GAVALDON: Thank you. 21 DR. BALLOFFETT: Just from the physical 22 perspective. 23 MR. GAVALDON: But, however, aesthetics? 24 DR. BALLOFFETT: Aesthetics and then perceptions 25 of how people perceive noise. Like we mentioned, a rock 25 1 band or a dog barking at the wrong time. There's a lot of 2 subjectivity in noise, as you know. 3 MR. GAVALDON: Thank you. 4 MS. BELL: I'd like to suggest, if it's okay 5 with the Board, that maybe we move on at this point, and we 6 can direct our questions. 7 So let's move on to the public input portion of 8 it. And just to review for the public how we do this. If 9 you are a group, an organized group, who would like to 10 present to us tonight, you do have 30 minutes, and those 11 people who just want to speak as individuals have five 12 minutes. Could you show me right now how many people are 13 here to talk to us on this -- just by a raise of hands 14 tonight? 15 Okay. Are you all from the same group? Are you 16 individuals? Who's from the group that -- is there a 17 group? Just so I can judge the amount of time here. 18 MS. NEWLIN: We have a hard time judging the 19 amount of time, too, and we're not an organized group. 20 We're very amateur about this. And I don't know who all 21 wants to speak. I know what some people wanted to say, and 22 we'll try our best not to repeat ourselves and not to take 23 up any more of your time than necessary. But if you will 24 forgive us for our amateur status, we'd appreciate it very 25 much. • I MS. BELL: And there was somebody in the back? 2 (Inaudible.) 3 MS. BELL: Okay. Why don't we just -- what? 4 (Inaudible.) 5 MS. BELL: Why don't we go -- it sounds like 6 mostly we're just here as individuals, so let's go with our 7 five minutes per person. 8 If you could try to use both mikes so people -- 9 so we can help roll things along, and give us your name and 10 sign in, and go ahead. 11 MS. NEWLIN: Okay. My name is Sandy Newlin, and 12 I live at 4112 Mount Vernon Court in Golden Meadows. I 13 don't represent the Golden Meadows Homeowners Association, 14 but I will try to speak for those who don't want a fence or 15 a wall at the top of the embankment between South Lemay and 16 Harbor Walk Drive. 17 I have an additional ten signatures to the 18 statement that we sent you on the 2nd of August to enter 19 into the record. Can I just . . . . 20 Part 2 of that statement we gave you is a 21 chronology which illustrates what a hard job we have had 22 bringing this issue before your Board. 23 Now we're really glad that the members of this 24 Board can hear all sides of the issue before making a 25 decision. This differs from the many meetings we were asked • 27 1 to attend, and I must tell you, we were not all asked to 2 attend, and many people who were concerned were never 3 notified, but we went to these meetings if we heard about 4 them. 5 And we were presented with what were called 6 compromises. But they all involved a five- or a six-foot 7 solid fence or slab of some sort between Lemay and Harbor 8 Walk Drive at the top of the embankment. 9 Other compromises which avoid any man-made 10 structure at the top of the dam are possible, and I will 11 suggest several, but first our objectives, or our 12 objections. • 13 Homeowners have certain reasonable expectations. 14 If they buy a home next to a vacant lot, they can expect to 15 have a development there. A dam is not a place where most 16 people expect houses will be built. That was allowed by the 17 City some years ago, and all we're asking now is that you 18 minimize the impact of that decision on us as much as 19 possible. 20 Also, homeowners who buy a home on a busy street 21 or next to an airport can expect there to be noise. If the 22 street is already there and if you don't want to see it or 23 hear it, then don't build or buy there. 24 We feel that the wall will be unpleasant to 25 drive by. It will be unneighborly and excluding. It is NN 1 unique because it is not a boundary fence. Every other 2 fence you have been asked to look at represents the back 3 yard of somebody as it abuts the sidewalk or whatever. That 4 is not what this is. This is a slab between two streets and 5 represents no property boundary at all. 6 It's ugly, and the reason that I can say for 7 sure that it is, because if you will look at page 17, figure 8 1.3 of the visual preference survey for the City, you will 9 see that a structure very much like this has the second 10 lowest rating of all 240 views offered to the citizens. 11 We do think, however, it will be attractive in 12 one way. It will be an attractive billboard for teens with 13 spray paint. It is high up and it is visible. It will make 14 a marvelous sign board for all of them. It is not like any 15 other fence along Lemay. It,will be an absolute billboard. 16 It will make our homes noisier, and it is not 17 necessary. It is against the City's long-range plan; 18 Planning and Zoning should be even-handed with everyone. 19 Nine privileged homeowners should not be protected from what 20 the rest of us have to live with every day. 21 I think he quoted the 65 decibels for us and 68 22 for them. I also would like to point out that he did his 23 measurements, the photo that you saw where his microphone 24 was set up, was not from those lots. It was across the 25 street, closer to us. In fact, it sat on the edge of Mr. 29 1 Little's lot, the Greens at Collindale. He's the one who 2 will have that level, not the people that are 12 foot up and 3 35 or 40 feet back from Lemay. 4 MS. BELL: You've got about 30 more seconds. 5 MS. NEWLIN: Okay. Well, at any rate, I would 6 like to tell you about some possible compromises. They can 7 be landscaped. The homes can be moved back. They can be 8 turned sideways. They can be insulated. There can be fewer 9 windows. There can be a fence on the other side of that 10 street. Or you can wait two or three years and see if it's 11 really even necessary. Thank you. 12 MS. BELL: Thank you. I think what we'll do 13 is -- how did you have that set, that time, for four 14 minutes? Okay. You'll hear the little sound at four 15 minutes and know that you'll have one minute to go, then. 16 Sorry if I made that one a little too short. 17 Please let us know who you are and -- 18 MR. THELEN: Certainly. My name's Bob Thelen. I 19 live at 1307 Ticonderoga. I'm an electrical engineer in 20 town. I don't have a Ph.D. in sound or sound measurements,' 21 but I do have an extensive physics background, which leads 22 me to believe that I'm capable to speak on the subject of 23 decibels and sound measurements and so forth. 24 I have taken a few measurements in and around 25 town to give -- to put the sound in perspective for you, and 30 1 I'd like to do that. 2 First of all, I'm not going to bore you with the 3 slide that the doctor went over, but I just want to point 4 out one thing, and that is that sound is measured on a log 5 scale, and normal conversation is in the range of 30 to 70 6 db. So if you were to take a decibel meter and measure my 7 voice without this microphone, it would probably measure 8 about 65 db. And the key factor that I want to point out is 9 that if I were to increase my voice by a factor of 10, it 10 would go up to 75 db. So that gives you an idea of the log 11 scale nature of sound. 12 I did take some measurements using a decibel 13 meter on the site, and I took some measurements in front of 14 my home, too, because I wanted to put it into perspective to 15 see what kind of traffic noise that I was subjected to on a 16 daily basis. 17 And I found some interesting things. First of 18 all, I went on the east -- or, excuse me, the west side of 19 Lemay, using the decibel meter right in front of lot Number 20 7. So I'm on the Lemay sidewalk in front of lot number 7, 21 and I measure noise, peak noise, in the range of 74 to 78 22 db. 23 And then -- and then I walked back onto the 24 sidewalk in front of lot number 7, because, you know, what 25 we're all interested in is the noise that those people are 31 1 going to experience, and that noise isn't the noise on 2 Lemay. 3 And what I noticed was that the peak noise 4 decreased by a factor of 10. And this is where I thought 5 the doctor's presentation was grossly inadequate, in that 6 the opportunity to make the measurement was there and he 7 never presented the data. 8 I did, and what you see is a'10 db reduction, 9 which I think is significant. 10 db, when you make these 10 noise measurements, it's relative. It's a relative 11 measurement. So when I stepped back onto the sidewalk of 12 Harbor Walk Lane, the noise decreased by a factor of 10. . 13 Now, to put these measurements into perspective, 14 I said, well, what does this mean to me? So I put the 15 decibel meter up in front of my house on Ticonderoga, and I 16 measured noise in the range of 66 to 70 db, which I thought 17 was significantly similar to those -- to that noise that the 18 people in this new development will experience. 19 And so I was left with one thought, and that 20 was, is a fence really necessary to decrease a noise when, 21 in fact, people on normal residential streets are 22 experiencing similar types of levels, and what we'll have is 23 a fence -- what we'll have is a fence on top of a large 24 embankment that is not -- is not attractive at all and -- 25 there you have it. So thank you. • 32 1 MS. BELL: Thank you. 2 MR. LITTLE: Madame Chair, members of the Board, 3 my name is Gene Little, and I'm the developer of the Greens 4 at Collindale, which is directly across the street from 5 Harbor Walk. 6 And the question I wanted to ask you is, if you 7 had received in your packet of material a letter that I had 8 prepared to P and Z Board on August lst of 1996. Okay. 9 Thank you. 10 And also, had you received a copy of a letter 11 that I had written to Mr. Sollenberger on August 14th? 12 Okay. Thank you. 13 With that in mind, then, I simply want to make 14 some highlights on both those letters. My concern is, in 15 fact, for the patio homeowners who are going to reside on 16 our property and who will live directly across the street 17 from this proposed wall. I think it's unfortunate that my 18 homeowners are going to have their view of the foothills 19 taken away by the homes, but that is a reality. We knew 20 when we bought that property that we would not have that 21 view. 22 But at the same point, we understand that these 23 property owners would -- these property owners would have 24 their views further diminished by a solid wall that would 25 reach the skyline from the edge of our property, and we 33 1 walked our property today, just to make sure that the 2 statements I make to you tonight are correct; and the 3 reality is that a five-foot fence along Harbor Walk Drive 4 will, in fact, eliminate all view of any mountain range or 5 scenery from our property. 6 And I have suggested to Mr. Sollenberger and 7 also to the media that the City had hired, Mr. McHughes, 8 that there are some things that they can do that would both 9 benefit them from a sound barrier standpoint, if, in fact, 10 that is an issue, if sound truly is an issue. That would be 11 that they consider placing these fences directly in front of 12 the units on Harbor Walk. 13 Also, if they chose to put these fences or this 14 wall directly on the berm itself, the east side of Harbor 15 Walk Drive, in plain view of Lemay traffic, that they do so 16 in a way that would allow a break in the fence, so that you 17 would have a solid wall structure directly in front of those 18 units, but then a break between those units so there would 19 be an opening or gap. And then that would allow some view 20 to break through so that you wouldn't just be looking at a 21 solid mass of structure. 22 And of course, the third alternative is that 23 they simply enter a planting scape where they put shrubbery 24 or hedges or something, or even trees, spaced every so often 25 along that walkway, that would allow them the ability to 34 1 have some sound absorption. 2 And then finally, this just isn't an issue of 3 whether we want a wall or not. It's an issue of trying to 4 provide balance in a living environment, not only for the 5 Harbor Walk homeowners but also the homeowners that will 6 reside in the Greens at Collindale. Thank you. 7 MS. BELL: Thank you. Next, please? Thank you 8 to everyone. We're moving along really 'nicely: 9 MR. TOBIN: Good Evening. My name is Paul 10 Tobin. I live at 4212 Kingsbury Drive. 11 There are many reasons for which I question the 12 necessity of a sound abatement wall along Lemay Avenue at 13 Warren Lake. Briefly, I'd like to specifically, though, 14 address the visual impact of such a wall. 15 In the packet you received from Golden Meadows 16 residents a couple of weeks ago, I included a set of 17 photographs showing the area as it exists today. Among them 18 is a depiction of an existing wall placed where the proposed 19 wall would be. You can clearly see how a five-foot wall, 20 set on top of the existing sharp slope, serves to isolate 21 views of the foothills and create a concrete canyon along 22 that stretch of Lemay. 23 Other photographs show existing graffiti both on 24 Warren Lake dam and in the newly -laid curb. The proximity 25 of this wall to a site already prone to defacement is simply 35 1 an invitation for vandals to ply their trade on another 2 highly visible surface. 3 For these reasons and others, I see no need for 4 this sound abatement wall. Thank you. 5 MS. BELL: Thank you. 6 MR. BARNARD: I have a statement that I'd like 7 to put in the record and copy to the Board members, please. 8 My name is Bill Barnard. I live at 4100 Mount 9 Vernon Court in Golden Meadows. My home is one of a number 10 in Golden Meadows from which the occupants can see the top 11 of the dam where the development is taking place, and the 12 occupants will be able to see that from their windows, from • 13 their patios, from their decks, from their back yards. 14 Our position is that we feel the need for a wall 15 or a fence has not been demonstrated, and our preference is 16 no wall at all.' 17 I'd like to address the apparent City's position 18 on this issue, taken from two City documents. One is the 19 results of the Visual Preference Study. And the other is 20 the Community Vision and Goals. 21 On the Visual Preference Study, Sandy has 22 already talked about the photograph. This was a photograph 23 of an embankment similar in size and slope to the one that 24 exists with a wall or some sort of fences on top of it. And 25 1500 residents who participated in this study thought that 36 1 it was ugly. We do, too. 2 In the Community Vision and Goals document, 3 several references appear relevant. For starters, on page 4 55, it says, "The City will involve citizens in planning and 5 decision -making processes of government." This, of course, 6 is why we're here. 7 On page 27, it says, "Our community streets and 8 walkways wi•11 be planned, built, and maintained as 9 attractive public spaces." The wall on the embankment is 10 not attractive in our eyes, nor in the eyes of the public, 11 as shown in the Visual Preference Study. 12 On page 29, it says, "The design of streets will 13 complement the distinctive character of their respective 14 districts or neighborhoods, and will serve to connect rather 15 than separate adjoining neighborhoods." It also says, 16 "Residential neighborhoods will develop as interconnected 17 parts of a broader community, extensively linked to a 18 generous range of settings and activity." 19 Our position is that the wall will tend to 20 isolate and separate the, quote, California high equity 21 people. That's a -- a statement from Mr. Sollenberger in 22 the newspaper a few weeks ago. These people from California 23 who buy these lots and build homes. It'll separate them 24 from the rest of the community. Maybe that's what they 25 want. 37 1 On page 49. "Important natural areas will be 2 preserved and protected." The City abrogated its 3 responsibility in this area when it allowed the lake to be 4 filled in. However, that's a closed issue, and really not 5 relevant tonight. 6 On page 31, it says, "Community design will 7 include views of the foothills and mountains as a physical 8 feature, to be given basic consideration in the arrangement 9 of streets and other public outdoor spaces." Our primary 10 view of the foothills and mountains was destroyed when 11 houses were built on the dam, but the wall will further 12 interfere with our enjoyment of view to the west. 13 I should point out that these two documents have 14 been adopted as elements of the Fort Collins Comprehensive 15 Plan and, as such, are City policy. 16 One other point. There are four -- or three 17 houses that have been on top of the dam for about four 18 years. Mr. Sollenberger told us at one of your meetings 19 that offered to provide the wall or fence in front of these 20 houses with no -- no mention of cost, and all three of the 21 occupants declined. This would seem to indicate that noise 22 abatement is not an issue, and there is really no need at 23 all for a wall. Thank you. 24 MR. OBSSUTH: My name George Obssuth. I live at 25 Cape Cod Circle in Golden Meadows, and I'm president of the M 1 Golden Meadows Homeowners Association. May I ask a 2 question, quick question, of Dr. Balloffett? 3 MS. BELL: I think we'd just prefer that you 4 give a presentation, and if you have a question, present it 5 to us, and we'll make sure he gets -- 6 MR. OBSSUTH: All right. My question was this: 7 I believe that most of us don't think in decibels, and my 8 impression, although somewhat amateur, is that sound 9 diminishes by square of the distance, which means if you 10 doubled a distance, it sounds one-fourth as loud. 11 I think that's a different impression than 12 decibels. And if that's true, then subjectively, sound at 13 the distance he measured and the sound where homes would be, 14 which is approximately twice as far back, I believe, would 15 sound one-fourth as loud, unless I'm wrong. That was my 16 question. I'd like to get that out of decibels where we 17 can. 18 Also, most of my objections have already been 19 very nicely stated. I just have one or two things I'd like 20 to reiterate. 21 One is the uniqueness of this wall. As Sandy 22 said, this wall is wall between two parallel roads and is 23 not at property wall or a boundary wall. 24 Number two, we're talking aesthetics before 25 sound abatement. If you have driven south on Lemay where 39 • 1 this dam is, you realize how steep and high that is, and the 2 angle from the road there to the top is already quite steep, 3 30 or 40 degrees high, and the addition of the wall 4 increases it tremendously. 5 I'm glad this picture was left here, because this 6 gives us somewhat -- it's truthful but still exaggerated. 7 The sound comes from the engine and the tires of the car, 8 not from some space above the top of the roof. Therefore, 9 that angle is actually a much steeper angle. Steep enough 10 that, in fact, in most cases, the wall -- or the dam itself 11 would probably block the sound. 12 Also just to address few things. Number one, 13 I'm somewhat surprised that nobody's taken decibel readings 14 at the position where the homes will be. I find that 15 interesting. And somewhat curious. 16 All the other issues have been addressed, so I'm 17 going to keep it very brief. Again, I do feel this wall is 18 unique. I think that when looked at from southbound on 19 Lemay, not from the golf course, not from the other side of 20 the street, southbound on Lemay, and then drive by that and 21 try to appreciate what a wall on top of that would be. 22 I would like to thank the efforts that were made 23 to mediate this issue and to get us into hearings, which at 24 first, were not included. We're thankful for that. Thank 25 you. 40 1 MS. BELL: Thank you. Are there any other folks 2 who would like to address us tonight? 3 MS. ROSIGA: Hi. My name is Lynn Rosiga. I 4 live at 607 Warren Landing and also own the lot at 639, 19 5 Harbor Walk Lane. 6 Thanks for giving me the opportunity to voice my 7 opinion. I've lived in Colorado for 27 years. I did not 8 come from California. And we've raised family here and had 9 a chance to see Fort Collins grow and prosper. 10 And I realize there are some people who don't 11 like to see growth, although we feel like it's inevitable. 12 And part of that growth would be something similar to the 13 sound barrier wall. 14 When the wall is built and landscaped, I feel it 15 will provide the needed protection that we expect. We'd all 16 like to continue to see those horses roam across the street 17 on the east side of Lemay, but that's just something that's 18 not going to happen. That's going to change. And we need 19 to accept that. 20 Also, when those duplexes are built there, we're 21 going to be looking at the roof tops. We understood that, 22 and we're willing to accept it. 23 And I hope that Planning and Zoning will approve 24 the wall, in keeping with the master PUD. Thanks. 25 MS. BELL: Thank you. 41 1 MR. WESTFALL: Good evening. I'm Dwayne 2 Westfall. I live at 1312 Ticonderoga Drive, Fort Collins. 3 And thank you for giving me the opportunity to express my 4 opinion regarding what we, the citizens of Golden Meadows, 5 have termed "the wall." 6 The previous citizens that have spoke against 7 this have very well outlined the reasons why we do not feel 8 this is good for our environment or good for the community. 9 So therefore, for that reason, I will not go into a lengthy 10 reiteration of this. 11 Therefore, I would like to just reinforce the 12 previous comments and to maybe emphasize a comment that was 13 made by the landscape architecture -- landscape architect. 14 She made a mistake by saying, well, we have a 15-foot wall, 15 essentially, when she said there was a 10-foot embankment 16 and a 5-foot wall, and that's essentially what they're 17 talking about. There's already a 10-foot embankment there. 18 At a minimum, 15 foot at one end, so therefore, essentially, 19 what they're requesting, is the wall on top of embankment, 20 which amounts to effectively a 15-foot barrier of some kind, 21 whether it's a natural barrier, because of the dam, or else 22 with the addition of the wall on top of it. 23 Myself, I look directly out -- the picture was 24 taken at approximately -- position number 2 is approximately 25 my location. I look directly out, and from my kitchen, and 42 1 from my patio and garden in the back, I have had the 2 opportunity to look over the dam for many years. I 3 recognize that as going away. Myself, I'd just as soon look 4 at a 300 to a 500 thousand dollar home on the dam than a 5 five-foot wall, and that is my stance there. 6 And so therefore, I hope that you will deny the 7 developer's request for construction from a three- to a 8 five-foot wall on an embankment that is already from ten to 9 fifteen feet high, and, in my opinion, there's little 10 purpose in this, and it only serves as an exclusionary 11 mechanism for the residents in this area. Thank you. 12 MS. BELL: Thank you. Is there anybody else who 13 would like to come down and speak to us tonight? 14 MR. KEANE: Madame Chairman, members of the 15 Board, my name is Kevin Keane. I reside at 4106 Attleboro 16 Court in Golden Meadows. 17 Without going over the arguments, I wanted to 18 suggest a possible option for the development which might 19 take care of all the needs regarding line of sight and sound 20 abatement. Although I'm dubious about that. A group of us 21 did go up during one of the mediation meetings, before it, 22 and walked back from the road into each lot, and the 23 diminution in sound as you go step by step is remarkable, so 24 by the time as you are at the -- at least as we counted it 25 off, where the front of a home would be, there is almost no 43 1 audible sound from Lemay. It's quite low. 2 But what occurred to me is that a low fence, low 3 wall, say, two and a half, three feet, would provide 4 precisely, if I understand the geometrics of this right, 5 precisely the same protection or abatement of line -- of 6 objectionable line of sight used, pardon me, and sound, if 7 the homes were moved back ten feet. 8 What occurred to me as a possible solution would 9 be to build a low wall, nicely covered with greenery, say, 10 ivy, and for the developer to provide each homeowner, as he 11 or she purchases his lot and his home, the option of 12 choosing ten more feet of back yard or ten feet fewer, the 13 trade-off being more or less sound at the front door. 14 This would have the advantage, to me, of 15 preserving the integrity of what is now one of the most 16 beautiful streets in our area of Fort Collins. It's not 17 quite as good as it was. The landscaping on the median used 18 to be magnificent. It's now a little bit less. But still, 19 it's a well -planned, well -designed example of a beautiful 20 street. 21 And it will also allow the homeowners purchasing 22 to make a trade-off. More land in the back, where, I 23 presume -- and the landscape architect said this herself -- 24 most of the homeowners will want to.spend most of their 25 time; or move the lot back, sacrifice that a little bit, and 44 1 as I understand it, get precisely the same, perhaps even an 2 enhanced abatement of both objectionable sight and sound. 3 That would provide, I think, some screening to the cars 4 parking and also preserving what is a rather pleasing 5 prospect at the moment. 6 There's some other concerns that haven't been 7 mentioned connected to a higher fence. One that concerns me 8 is a micro -climate issue. Warren Lake dam does provide a 9 spillover of fog during the winter, during extreme cold, and 10 this contributes to an icing in that area of the street. 11 I'm concerned that a high fence, five feet or so, would tend 12 to block solar radiation and worsen that situation to some 13 degree. 14 But in any case, I do hope you will consider, at 15 a very high level of priority, the present aesthetics of 16 that street and what we might do to preserve it. Thank you. 17 MS. BELL: Thank you. Is there anyone else. 18 Okay. That seems to be it, so I'm going to close 19 the public input portion of this Harbor Walk discussion, and 20 bring it back to the applicant, who can give us maybe five 21 minutes for a rebuttal. 22 MS. RIPLEY: Thank you, Madam Chairman. I'm 23 going to go real quickly because my client would also like a 24 few words. 25 Some of the notes I took, one, that perhaps this 45 • 1 is a fence that's intended to make this an exclusive 2 neighborhood. That was never our objective. It's -- in my 3 mind, it's not that relevant whether the fence is a back 4 yard or a front yard. 5 The fact is these people live along an arterial 6 street which, to me, is very different than living on a 7 local, regardless of how much sound there is. If I lived in 8 an arterial street and had the sheer numbers of cars that 9 are on Lemay now and the increase that we expect in the 10 future, I wouldn't want to look at it every time I came to 11 my house. So the purpose is to block out the view as well 12 as the sound. • 13 Kevin was correct when he said a lower fence 14 would block out the source of the sound. That's -- I think 15 that's basically true. That only a lower fence would block 16 out the tires. But it would not block out seeing the tops 17 of the trucks whizzing by on those outside lanes. So for 18 that reason, we felt we wanted to stick with the five-foot 19 fence on the portion of the dam that is not as tall. 20 I wanted to clarify, there seemed to be some 21 confusion about how high the bank is. Probably should go 22 back to the plan. 23 Okay. This section here goes from lot 7 through 24 lot 11. Along that stretch, the bank is approximately eight 25 and a half feet high. The addition of a five-foot fence 46 1 will give us approximately thirteen and a half foot of 2 height. 3 On lot 11, our differential goes to nine and a 4 half feet. At lot 13, the differential goes to eleven and a 5 half feet. So that's the 165 feet that we're proposing of 6 four -foot fence. Then when the bank itself gets towards 7 twelve feet high, we drop down to a three-foot fence, for an 8 overall height fence plus bank of approximately 15 feet. 9 Someone mentioned concrete canyon. I definitely 10 want to say that we're building a wood fence, a very 11 attractive double -sided wood fence, with very stout wood 12 columns, approximately 10 to 12 inches wide, with a copper 13 flashing cap along the whole thing. So the fence is not 14 really an ugly wall that we conjure up sometimes when we 15 think sound abatement wall, but it's a very attractive 16 residential -style fence. 17 I agree with someone who said the view -- and 18 I'm sorry I didn't prepare a slide of it. It was a mistake 19 on my part. The fence would appear taller going down Lemay, 20 headed south. However, remember, that we're not doing the 21 fence at all for this first portion for that very lone 22 reason, because this is where that is that very tall bank 23 where you're coming around and you have a view of that. 24 We decided to not put a fence at all from here to 25 here. It's only three feet high. From here to here, it's 47 1 four. And for the remainder, it goes up to five. So we 2 felt by eliminating the fence at the north end and dropping 3 it down substantially, we've corrected any chance of having 4 a canyon -like feel there, which is not something we'd want 5 for our community. 6 I'm going to let Mike address the issues that he 7 wanted to. Thank you. 8 MR. SOLLENBERGER: Just a couple of quick ones, 9 and I want Dr. Balloffett, then, to be able to answer 10 questions that were raised. 11 Everyone knows about being misquoted in the 12 paper. The six buyers we have right now, all of whom -- 13 five of whom are Fort Collins residents and one is from 14 Boulder. So there is not an invasion of Californians, no 15 matter what the Coloradoan seemed to indicate that I said. 16 We looked at walls with breaks. When I got 17 Gene's letter, I talked to Dr. Balloffett. He said that any 18 wall with no more than ten percent penetration does not 19 work at all, zero, for sound attenuation. It can't have 20 breaks and do what we want to for sound. We think we've 21 compromised a great deal in bringing the wall down to its 22 minimum height and still do some good for us on sound. 23 The setback idea was brought up in the various 24 neighborhood meetings. We studied that. It's not very 25 feasible. We get an inconsistency then of setbacks, which • 1 has its own problems from the documents that have been 2 recorded. It also is not aesthetically very good to have 3 varying setbacks. And with -- again, with some response to 4 Kevin's idea, we think we've done a good job of mitigating 5 by dropping the height of the fence. 6 Thank you. And if you'd like to address Dr. 7 Balloffett. 8 MS. BELL: Thank you. I think at this point, 9 we'll just close the rebuttal portion, and I'm sure the 10 Board will have some questions for Mr. Balloffett. 11 So let's go ahead and open it up to the Board. 12 MR. COLTON: Ted, I think in our packet, the 13 recommendation from staff was approval. Can you go into 14 your rationale for that, please. 15 MR. SHEPARD: Yes, our recommendation is that 16 this is a compromise. It's not the ideal solution for 17 either party. Such is the nature of a compromise, that each 18 party leaves the table with some of their needs met but not 19 all; and clearly, you've heard that both parties have spent 20 some time in looking at this issue. 21 We looked at the perimeter of subdivisions 22 throughout the city. There are perimeter walls and fences 23 throughout subdivisions throughout the older part of the 24 city, the not -so -old part of the city, the new part of the 25 city. Huntington Hills is an example of a new wall that was • • • 49 1 built. 2 We looked at the views. Unless you're doing a 3 cluster plan in the RF zone, there is no City ordinance that 4 protects views. 5 We looked at the canyon effect, the privacy 6 issues, and the fact that lot 16 will not have a fence and 7 the first five lots will not have a fence. Therefore, the 8 canyon effect is minimized. 9 We looked at the varying heights, and that will 10 also mitigate some of the impact. 11 We looked at the fact that there will be 12 landscaping mitigation. There will be shrub beds in front 13 of this fence. There will be 12 additional street trees 14 planted at the minimum of two inches in caliber. That will 15 add nicely to the streetscape. 16 We looked at the relative length of the fence. 17 414 feet will be five feet. 166 feet will be four feet. 18 167 feet will be three feet. There are longer fences in the 19 City. 20 We looked at the fact that the sidewalks on 21 Lemay Avenue will be enhanced by the streetscaping. In 22 addition, Harbor Walk Lane will remain a public street, for 23 those who would like to walk up on Harbor Walk Lane. 24 There are fences in the area. There are sound 25 abatement walls just to the north at the Nelson Farm that 50 1 have not had graffiti. They've been in existence and they 2 were built before sound abatement. 3 We think that the context of the general 4 environment is that the homes that will be built up on the 5 embankment will be the most imposition, the view, or the 6 character, or the perception of the general area, in that 7 the fence is relatively small vis-a-vis those homes. Those 8 homes could be anywhere from 28 to 35 feet in height. The 9 fence will be five feet, maximum. We think the fence is, in 10 relative context, minor compared to the homes that could be 11 built. 12 The size and the scale are consistent with new 13 development in the City of Fort Collins. It's not the most 14 desirable thing from the neighbors' perspective, because 15 they treasure what's there now, and we heard that loud and 16 clear, and we're very sympathetic to that. We know that 17 it's a change, and as one of the neighbors put very 18 succinctly, the construction of the homes is, to them, the 19 biggest insult. The fence is adding to that. But we think 20 it adds to that in a very minor way in terms of the context 21 of what could be built up there. 22 We know this is a very emotional issue. Fences 23 are emotional. Change in the landscape is emotional. And 24 our recommendation is based on the fact that this is a 25 compromise that allows both parties to walk away with a 51 1 little bit of something. 2 MS. BELL: Ted, could you also comment, any 3 number of folks mentioned this is not a boundary fence, you 4 know, there seemed to be a distinction in people's minds 5 between fences that we might see, oh, along the back of 6 Shields that are the back yard property line type fences 7 versus this one that's up against the road, and there's a 8 street and sidewalk and everything in between. Is that 9 typical sort -- 10 MR. SHEPARD: The sound abatement wall for Nelson 11 Farm Estates is not on a property line, either. It is a 12 pure, out-and-out sound abatement wall that was constructed 13 to block the noise on Lemay. 14 Generally speaking, fences have a variety of 15 purposes. Some fences break at the cul-de-sac. Some 16 don't. Paragon Point does a nice job of that. But by and 17 large, the fences do separate a rear yard or a side yard 18 situation from what then would become a common tract or open 19 space that is maintained by the homeowners association, but 20 rarely also do we have a situation where you have a local 21 street that parallels an arterial street. 22 MS. BELL: Other Board questions? Mike? 23 MR. BYRNE: One of the kind of the nagging 24 questions I have is how this item is before us. If I'm 25 going to build a privacy fence and I live on Shields Street, 52 1 then I believe all I have to do is comply with what is 2 currently the standard. Isn't that true? 3 MR. SHEPARD: There is no fencing permit that 4 you would have to pull. Your zoning code requirement that 5 you would have to observe is that the fence not exceed six 6 feet in height. 7 MR. BYRNE: So help me understand why -- is it 8 simply because when there was a condition placed back in -- 9 help me out here -- 10 MR. SHEPARD: Oh, back during -- 11 MR. BYRNE: 1990. 12 MR. SHEPARD: There was a replat of the first 13 six lots. 14 MR. BYRNE: I mean, throughout town, we've got 15 privacy fences all over the place, right? 16 MR. SHEPARD: Yes, they do. 17 MR. BYRNE: They never come before us. 18 MR. SHEPARD: Well, you see them on a PUD, a 19 planned unit development. The fencing is part of the 20 landscape plan that the Board looks at, and the Board 21 evaluates the landscape plan as part of the PUD documents; 22 and that's one of the things that staff reviews, and it's 23 one of the things that we present to the Board as part of a 24 package, such as Paragon Point, Miramont, Huntington Hills. 25 All of those PUDs included a fencing schematic . 53 1 or a fencing diagram that was part of the PUD that the Board 2 reviews. 3 MR. BYRNE: Okay, good. And then in -- help me 4 out again here. In general terms, we do have -- we do have 5 some standards or some guidelines in terms of fencing. Or 6 is everyone a fresh -- we take a fresh look at everything 7 that comes along? 8 MR. SHEPARD: Well, we do, and for one reason is 9 we don't want every fence in the City to look alike. We 10 want the developers along arterial streets to be creative. 11 We want them to look at different masonry products. We want 12 them to look at different heights and different columns and 13 different materials. That way, we don't have the same look 14 down all of our arterial streets that you find in other 15 communities. 16 We work, as you know, in the PUD negotiations. 17 We work to upgrade a lot of our materials that go into 18 entry features, open space elements, enhancing storm water 19 retention ponds, and perimeter fencing. So we negotiate, 20 usually successfully, with developers to upgrade their 21 fences in PUDs so they're not just a straight dog-eared, 22 six-foot, untreated cedar picket fence. 23 MR. BYRNE: Okay. Thanks. 24 MR. GAVALDON: This is probably a question to 25 the applicant or anyone you designate. Is this more of a • 54 1 visual or a sound? I heard the start of the presentation 2 talk about sound, decibels, all this analysis, and then I've 3 seen a shift from sound to visual. So I need to help 4 understand, is this more of a visual or is this an equal 5 weight for sound and visual? 6 MR. LUDWIG: The primary reason was sound, but 7 they're one and the same, as I've learned from Dr. 8 Balloffett. If you can see it, you can hear it. So they 9 became integrated. But the original request was for sound 10 abatement. 11 MR. GAVALDON: Okay. And maybe Dr. Balloffett 12 can answer this one. The gentleman that provided data to us 13 about the readings and -- on lot 7, going down by 10 14 decibel, and then taking some readings from his house, I'd 15 like to understand more about his readings to your data and 16 why we have slight discrepancy in analysis. 17 DR. BALLOFFETT: Well, there could be a large 18 number of reasons. The first is that noise, particularly 19 traffic noise, varies all the time. So if I go out tomorrow 20 morning and do the same measurements, I may -- I probably 21 will not get exactly the same readings. They'll be similar. 22 Secondly, the numbers that I saw -- and I don't 23 have any other knowledge of this than what you saw this 24 evening, are -- we saw some maximum. The maximum readings 25 that I -- that I got when I did my measurements are very 55 1 similar, in the mid-70s, to the high 70s, at that point. 2 One of the things, when doing noise 3 measurements, it's very important to specify several 4 things. How the sound level meter is set. Is it set to a 5 weighting. Is it slow or fast response. For how long are 6 we measuring. Are we using the equivalent sound level, 7 which means that we average the energy over a period of 8 time. How long is that period of time. You know, what is 9 the traffic conditions going on. 10 So I think as far as looking at some of the 11 peaks, I would say that those numbers that we saw earlier 12 are reasonable, but when we're dealing with trying to design • 13 something, we have to look at an averaged, an energy 14 averaged number, over a period of time, that is 15 representative of reasonable worst -case, such as the peak 16 hour, and I don't really know when those measurements was 17 made. 18 MR. GAVALDON: Was yours a time sequence 19 measurement? 20 DR. BALLOFFETT: I used an integrating sound 21 level meter. I left it running for half an hour, and during 22 that time, it gave me the maximum level, the minimum level, 23 and the so-called LEQ, which is the energy average over that 24 half hour. That 68 is the energy average. . 25 MR. GAVALDON: Thank you. W 1 MS. BELL: I've got some other questions for 2 you, while you're still there. The Board has heard some 3 issues similar to this in the past on sound abatement, and 4 some of the things I thought we learned were that dirt, you 5 know, embankments, berms, create maybe one of the best sound 6 abatements. 7 So could you just.maybe reeducate us on, like 8 what is the very best sound abatement material, and then on 9 the continuum to, you know, what's not that great of 10 material. And I'm kind of curious about trees versus -- you 11 know, plants materials versus a fence. 12 DR. BALLOFFETT: Right. There probably isn't 13 any single best. There are a lot of economic and aesthetic 14 reasons for selecting one thing or another. The height of 15 the wall will have a large say in how much you get out of 16 the wall. 17 Berms are very good, and they should be used 18 whenever possible. And "whenever possible" usually means 19 that you have to have the space, the horizontal space, to 20 put a berm in. 21 There is really not enough of a horizontal space 22 between the Harbor Walk Lane and the existing berm. It goes 23 right up to the road there. So in terms of a berm, or 24 continuing that berm effect, I don't think you can do that 25 without moving Harbor Lane or Lemay or making a big mountain . 57 1 there. 2 There are other types of materials that are 3 used. There are all kinds of materials. Anyone who has 4 driven down to Denver will see that there's huge -- now 5 they're trying to get a little more creative and put a 6 little fluting and little things to make them look less 7 awful. 8 But those are 8-, 10-, 12-, 14-, 20-foot walls. 9 These are not what we're talking about here. And all we're 10 trying to achieve here -- and we're not going to achieve the 11 same sound reductions, either, that we would with those 12 kinds of walls. . 13 What we're going to achieve, probably, is 14 something in the order of five or six decibels at the ground 15 level. 16 MS. BELL: And the difference between -- is 17 there much difference between using a fence like you're 18 describing versus putting evergreens and junipers, anything 19 like that? 20 DR. BALLOFFETT: The evergreens and the junipers 21 is the same thing as the berm. You need to have quite a 22 depth of plantings in order to have that same effect. To 23 get those five or six, you'd probably need to plant at least 24 40, 50 feet deep of vegetation, now, again, to get the 25 energy levels down. m 1 MS. BELL: So you'd need 40 or 50 feet of trees 2 to get the same effect that you're going to have -- 3 DR. BALLOFFETT: From here, that way. Right. 4 MS. BELL: And the gentleman had asked a 5 question, and I probably can't frame it quite right, but it 6 was the one about, if it's twice as far back to the 7 houses -- 8 DR. BALLOFFETT: Yeah -- 9 MS. BELL: Would it be a quarter of -- you know 10 which question. 11 DR. BALLOFFETT: Right. It's actually probably 12 half. There's an analogy between light and sound, and in 13 fact, sound does decay as the square of the distance, but 14 that's assuming a point source of sound. 15 Generally, in traffic analysis, we look at a 16 line source. We assume that there is a line, which is a 17 street, and so instead of getting the six decibels per 18 doubling of distance that we would get from a point source, 19 we get only three decibels for doubling of distance 20 reduction. 21 And that -- I had another quick slide here. The 22 relative loudness, and the gentleman was correct on the 23 energy levels. There is a tremendous amount of energy lost 24 or gained relative to what we get on this logarithmic test 25 bell scale. 0 59 1 But the relative loudness is that if you lower a 2 sound level by ten decibels, you're -- this is from a line 3 source, now. You would -- or from any other source, 4 actually -- you would feel that it is half as loud. And -- 5 but you would be taking out 90 percent of the energy. It 6 would be a ten -time reduction in energy, but only a half 7 reduction in the perception of how loud that noise is. 8 MS. BELL: Thank you. Are there any other 9 questions of the Board for Mr. Balloffett, while he's before 10 us? 11 MR. COLTON: I guess just the obvious one for me 12 is, I just was wondering why you didn't take the 13 measurements from the lots, when, to me, that would have 14 been the obvious place to start as opposed to down at the 15 street level. 16 DR. BALLOFFETT: Primarily, because I was 17 curious as to -- I needed a reference point, and I wanted to 18 have one that was on a direct shot from Lemay, and that gave 19 me that reference point. And then using the standard 20 reduction with distance that we have, we can come up with a 21 noise level given that reference point at any other point. 22 MR. COLTON: But would not the fact that that 23 bank currently existed there have reduced the decibel levels 24 somewhat, by itself? 25 DR. BALLOFFETT: I think there's probably - 1 MR. COLTON: Even more than distance. 2 DR. BALLOFFETT: And as some gentleman said, as 3 you move farther and farther back towards the lake, yes, 4 there would be, because you're cutting that line of sight 5 between the source and the receiver, or the sound level 6 meter in this case. Yes, as we move back further towards 7 the lake, that would happen. 8 MR. COLTON: But also, the wall itself would 9 take care -- or the existing embankment would cut out some 10 of that sound, because from a line of sight -- 11 DR. BALLOFFETT: As long as you -- 12 MR. COLTON: For shielding up there. 13 DR. BALLOFFETT: Yeah. And there's other minor 14 reductions as well that you get just from the roughness in 15 of the ground and the occasional bush and so forth. But 16 basically, as long as you have a direct line of sight, 17 you're going to get the full blast of the street there. 18 MR. COLTON: Okay, thank you. 19 MR. BYRNE: I've got another question for Ted. 20 I understand now why we're reviewing this, because of the 21 change to the Planned Unit Development. 22 Now, if we move forward without a noise 23 abatement wall and people move into these residences, would 24 they be free at that point to build something, or would they 25 still be restricted from constructing a sound abatement . 61 1 wall? 2 MR. SHEPARD: They're restricted by the PUD. 3 MR. BYRNE: Okay. So whatever is decided here 4 this evening would be in place for years to come. 5 MR. SHEPARD: Unless it's brought back to this 6 Board for an amendment. 7 MS. BELL: However, to clarify that, personal 8 property owners can build their own'privacy fences on their 9 property, on their property line. 10 MR. SHEPARD: That's correct. We see that 11 around patios. We see that around arbors. Things of that 12 nature. Playgrounds for children. i13 MS. BELL: So we're making a distinction between 14 what is -- well, I don't know how to -- 15 MR. SHEPARD: It's common area things, versus on 16 the private property, personal fence around a patio 17 situation. 18 MS. BELL: Also, Ted, while I've got you, do I 19 understand, then, to approve this, staff feels that 20 there -- the criteria -- which criteria are being met in the 21 LDGS that supports this fence? 22 MR. SHEPARD: We're looking at A2.2, all 23 document criteria, A2.2. 24 MS. BELL: That's really the only criteria that 25 pertains to this issue today, isn't it? 62 1 MR. SHEPARD: That's my interpretation, yes. 2 MS. BELL: Thank you. 3 MR. COLTON: Ted, one other question on the 4 fences. I realize there's fences all over town, along 5 arterials, and you mentioned that there's a six-foot 6 limitation. That is basically the only limitation. There's 7 lots of different structures, types, whatever. 8 What is the intent of the fixed six-foot 9 restriction, in your estimation? 10 MR. SHEPARD: Well, thatimibatmomm tffihesehsng 11 code for a long time. My guess is that a seven -foot fence 12 is so onerous and so much taller that the human scale is 13 dwarfed by a seven -foot fence. The six-foot being the fence 14 that most people can't see over, so it's traditionally been 15 a back yard privacy fence of choice for those folks who 16 choose to build a privacy fence, that the six-foot fence 17 guarantees privacy unless everyone in your family is over 18 six feet. I think it just evolved that way, to be honest. 19 MR. COLTON: Okay. Could you relate the human 20 scale of this embankment with the fence on top of it, 21 compared with to just the embankment? I mean, are there 22 other places in town that have big embankments plus fences 23 on top of them, or is it generally just -- generally, it's 24 fairly flat, maybe one or two feet of lawn or berm or 25 whatever, and then a fence? Basically, are there any others 0 63 1 like this, I guess? 2 MR. SHEPARD: Not really. The Warren Lake area, 3 of course, is an irrigation reservoir that's surrounded by a 4 dam. And that's what we have here. 5 MR. COLTON: Okay. So it's -- no others. Okay. 6 MS. BELL: How are we doing? Are we getting 7 most of our questions taken care of so we can get to a 8 motion? 9 MR. BYRNE: One other question. If individual 10 property owners which would build their own privacy fence, 11 where would that go relative to this common fence? Would it 12 be set back from the existing -- from Lemay Street, and if . 13 so, by how much? 14 MR. SHEPARD: A fence on private property for 15 Harbor Walk Estates would have to be the west side of Harbor 16 Walk Lane. 17 MR. BYRNE: Okay. 18 MS. BELL: Okay. Do Board members have any 19 other questions, or can we move forward with a motion at 20 this point? 21 MR. SHEPARD: Mike, Bob reminded me that there 22 is another section in the zoning code that the six-foot 23 fence shall not exceed the front building line of a front 24 yard home; that's why, when you see fences from the front 25 yards of a lot of houses, they're tapered down to four 64 1 feet. The six-foot fence is to be terminated at the front 2 building line, so they're appropriate under the zoning code 3 for side yards and rear yard, but they're not to be brought 4 out to the front of the street, and that's in the zoning 5 code, unless they're tapered down to four feet. 6 MR. GAVALDON: Ted, let me ask a question to 7 follow up on your comment. So four feet in the front -- 8 what about this five-foot one? It's a common area. Would 9 this apply to this particular project? 10 MR. SHEPARD: No. It's in a common tract. It's 11 not in a yard. It's not on a lot. 12 MR. GAVALDON: But since we have a unique 13 situation, two streets paralleling, and we have the six-foot 14 fence, and it doesn't serve any purpose into the yard itself 15 in the proper -- my question is, should we be treating this 16 similar to that? 17 MR. SHEPARD: Well, I would go back to what we 18 permitted for Nelson Farm Estates, where the homes behind 19 the wall actually face Lemay, and the wall is in a common 20 tract, out beyond the front yard property line. It's an 21 analogous situation, and say, there's the precedence there. 22 MR. GAVALDON: Okay. Thank you. 23 MS. BELL: I really get a sense we should have a 24 motion. 25 MS. WEITKUNAT: I'll move that we approve the 65 1 Harbor Walk Estates PUD sound abatement wall along lots 7 2 through 15 as modified by the applicant through the citizen 3 participation process. 4 MS. BELL: Do we have a second? 5 Seeing no second, I guess that motion dies. 6 Or? I guess it does, unless somebody wants to do that, and 7 we are open now for another motion. 8 Was that too fast? Did somebody want to do a 9 second? 10 MR. GAVALDON: I will do a second to bring this 11 issue to discussion and to make a move on it or not. 12 MS. BELL: Okay. We do have a motion, then, and • 13 it has been seconded. What kind of -- would you like to 14 make comments, Jerry? 15 MR. GAVALDON: Based on all the data presented 16 and the discussion, I still get a sensation that this is 17 more visual versus sound. There seems to be conflicting 18 data that the applicant and the residents have put forth, 19 and I'm struggling with it. However, I see that staff has 20 done an excellent job in bringing the parties together and 21 bringing them here, but I'm still kind of on the fence to go 22 with it or not. Literally, on the fence. 23 MS. BELL: Does anybody else want to make a 24 comment, or can we proceed with the vote? Karen? 25 MS. WEITKUNAT: I'll comment. In thinking about W 1 this, I guess I take a more philosophical approach to 2 fences. You know, primarily, we build fences to keep things 3 in or to keep things out, and regardless of our reason, I 4 think both are applicable here. Whether or not we're 5 building a privacy -type fence to keep within is one thing. 6 If we're going to build to keep noise out, it's another 7 thing. But it's still the purpose of why we build fences. 8 I believe that the applicant has made a 9 reasonable effort to try and accommodate the concerns of the 10 neighborhood through meetings and through a variety of 11 changes in his construction. This fence wall started out as 12 a masonry unit. He has accommodated them by moving into a 13 wood unit. There have been attempts to be less intrusive by 14 adding foliage and trees and with copper along the top, so 15 it's aesthetically appealing. 16 I think it's difficult. I understand the 17 concerns of neighbors. However, I cannot believe that we 18 will have an ugly eyesore. I think attempts will be made to 19 make it less obtrusive into the neighborhood. And the 20 attempt to build it from five feet, lessen it to three feet, 21 is an attempt to accommodate the neighborhood. 22 I think it's a legitimate addition to what is 23 going on there. I guess I look at South College and the 24 embankment that goes along the area from the Total Petroleum 25 up to Montgomery Wards. If you want to look at something 67 1 ugly, I think that's a prime example, where noise bounces 2 off a concrete wall. There is no foliage. There are no 3 trees or anything. Would a fence on top obstruct someone's 4 view? I doubt it. Would it be any less of a human scale? 5 I doubt it. 6 I think there will be, at least from the 7 material that we've read, a great attempt to try and make 8 this aesthetically appealing to an area that is already full 9 of fences, and I personally don't have a problem with it. 10 MS. BELL: Any other comments? 11 MR. BYRNE: I have a comment. As some of you 12 may have picked up from my comments earlier, this is one . 13 that I would prefer we had not had to listen to. 14 I look at this from kind of historical 15 perspective, and that is one of, if we look at the older 16 part of our community where we have street designs that 17 allow for greater connections, we don't have as much 18 concentration of traffic along arterial streets. I mean, 19 you can imagine the old part of Fort Collins, had it been 20 built within this decade, it would just be enclaves. And 21 that's what we've had in the area that we're looking at, is 22 we've got enclave next to enclave. 23 And as a consequence, we've created conditions 24 where automobiles -- and that's what we're talking about 25 here, automobile noise -- is something we think we can 1 engineer our way out of. And I don't think that's going to 2 be the case. I think regardless of the kind of wall or the 3 kind of material that people choose to use, the result will 4 be less than satisfying. I think there probably are some 5 false expectations in terms of how much noise mitigation 6 will occur. 7 And for those of you who have perhaps traveled 8 to other parts of the country where they drive as much as we 9 do in this part of the world, there's a constant background 10 sound of -- it's like the ocean. It's just, you can never 11 get away from it. 12 So, you know, I think it's interesting to see a 13 lot of, I think, informed citizens, and I think of Mr. 14 Barnard here who did a very nice job of summarizing the 15 Community Vision and Goals, and in a large measure, that's 16 why we're going through the City Plan, is because we're 17 having to deal with conditions like this, that had we done 18 things differently, when the City was growing 15 or 20 years 19 ago, we wouldn't have neighbors, you know, starting out 20 where -- I was pleased to see at least the proposed wall 21 didn't have gunports. You get that kind of -- that kind of 22 disagreement. 23 And I've been through this, because I live on an 24 arterial street, and it's been frightening to me to see just 25 how quickly noise in our community has gone from where it 69 1 wasn't a problem to where it's a very major problem today, 2 and as I -- as I indicated earlier, I don't think that walls 3 are the solution. I really think that, you know, doing 4 things differently, where we had a more balanced street plan 5 or a street network as opposed to a very hierarchial one 6 that forces everybody to drive on just a couple of arterial 7 streets. 8 So what it does, it creates for the Board a 9 dilemma, because we are created, to this community, to try 10 the best that we can, given the tools that we are given to 11 try to retain the sense of community that I think most of us 12 who have been here for a while don't want to see go away. • 13 And yet, on the other hand, we're also charged with being 14 fair. 15 You know, I happen to live on Shields Street, 16 and I can build a five-foot wall if I want to, or no one can 17 really say much about it. And you know, our -- we've got a 18 new development here and the rules are a little bit 19 stricter, and there's a question that I struggle with in 20 terms of what's really the right answer in terms of dealing 21 with the reality. What's fair. 22 And so this is a very difficult issue for me, 23 personally. 24 MS. BELL: Any other comments, or are we ready 25 for a vote yet? 70 1 MR. COLTON: Put a couple cents in. I think, 2 you know, the developer's done a lot here to really make 3 this as amenable a fence as possible and as attractive as 4 possible. But, boy, I just still have concerns that this is 5 not your usual six-foot fence along an arterial and where 6 you have this large embankment, and that it is going to be 7 towering above and, I think, not really consistent with the 8 established neighborhood character. 9 I think a six-foot fence is not a nine -foot to 10 thirteen -foot wall -- embankment, with another five- to 11 three-foot fence on top. I don't think those are the same. 12 And I guess I haven't really been convinced that the noise 13 is an issue, since there was not even a measurement taken 14 back where the people are going to be sitting or using it. 15 And, I don't know, as much as I'm trying to like this, I'm 16 not liking it. 17 MS. BELL: Let's take a vote, please. 18 THE CLERK: Gaveldon? 19 MR. GAVALDON: No. 20 THE CLERK: Weitkunat? 21 MS. WEITKUNAT: Yes. 22 THE CLERK: Byrne? 23 MR. BYRNE: No. 24 THE CLERK: Colton? 25 MR. COLTON: No. 71 1 THE CLERK: Bell? 2 MS. BELL: No. 3 The motion is defeated, so therefore, there will 4 be no fence. 5 MR. COLTON: Again, he was citing 2.2. I did 6 not -- 7 MR. SHEPARD: I think you should -- I think there 8 should be a motion made denying the application and citing 9 the specific criteria -- 10 MS. BELL: Could we have another motion, then, 11 please. 12 MR. COLTON: I move we deny the application for 13 the Harbor Walk Estates referral and administrative change 14 based on the fact it does not meet criteria A.2.2, building 15 placement and orientation, and it is inconsistent with the 16 established neighborhood character. 17 MR. GAVALDON: Second. 18 MS. BELL: Could we have another vote, please. 19 THE CLERK: Weitkunat. 20 MS. WEITKUNAT: No. 21 THE CLERK: Byrne. 22 MR. BYRNE: Yes. 23 THE CLERK: Colton. 24 MR. COLTON: Yes. • 25 THE CLERK: Gavaldon. 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 fence. MR. GAVALDON: Yes. THE CLERK: Bell. MS. BELL: Yes. That motion passes. (Matter concluded.) 72 Therefore, there will be no • 73 1 STATE OF COLORADO ) 2 ) REPORTER'S CERTIFICATE 3 COUNTY OF LARIMER ) 4 I, Jason T. Meadors, a Certified Shorthand Reporter 5 and Notary Public, State of Colorado, hereby certify that 6 the foregoing hearing, taken in the matter of Harbor Walk 7 Estates PUD, was held on Monday, December 11, 1995, at 300 8 West Laporte Avenue, Colorado; that said proceedings were 9 transcribed by me from videotape to the foregoing 72 pages; 10 that said transcript is, to the best of my ability to 11 transcribe same, an accurate and complete record of the 12 proceedings so taken. 13 I further certify that I am not related to, employed 14 by, nor of counsel to any of the parties or attorneys herein 15 nor otherwise interested in the outcome of the case. 16 Attested to by me this 24th day of October, 1996. 17 18 19 Jason T. Meadors 20 315 West Oak Street, Suite 500 Fort Collins, Colorado 80521 21 (303) 482-1506 22 My commission expires January 6, 1997. 23 24 • 25 No Text 0 MEETING BEFORE THE PLANNING AND ZONING COMMISSION Held Monday, August 26, 1996 At Fort Collins City Council Chambers 300 West Laporte Avenue Fort Collins, Colorado Concerning Provincetowne Overall Development Plan 0 Members present: Gwen Bell, Chairman Mike Byrne Glen Colton Jerry, Gavaldon Karen Weitkunat For the City: John Duval, City Attorney's Office Bob Blanchard, City Planning Office Ted Shepard, City Planning Office Mike Ludwig, City Planning Office • Court reporting services provided by. Meadors & Whitlock, Inc. 315 W. Oak Street, Suite 500 Fort Collins, Colorado 80521 (970) or (800) 482-1506 Fax: (970) 224-1199 2 1 MS. BELL: I'd like to welcome everybody back to 2 this evening's meeting. We're ready to take up item number 3 9, Provincetowne PUD Overall Development Plan. 4 And just as a quick, friendly reminder, before 5 our break, I did suggest that we probably will not get to 6 any other items than this one tonight. So if you are here 7 for anything after item number 9, unless you want to be 8 talking to us at midnight, in which case we'll probably be 9 going home, we won't be getting to the topic. 10 So let's go ahead, Mike, and give your 11 presentation. 12 MR. LUDWIG: I'd like to begin by introducing 13 other staff members that are present for this item. We have 14 Tom Shoemaker, the Director of Natural Resources. Tom 15 Vosburg is the. Community Planning and Environmental Services 16 Policy Analyst. Sherry Wamhoff, from our Engineering 17 Department. Fred Jones, from the Transportation 18 Department. And Glenn Schluter, from the Stormwater 19 Utility. 20 This is a request for an Amended Overall 21 Development Plan Approval for approximately 73 acres of 22 detached single-family residential, 43 acres of patio homes, 23 townhomes, condominiums, cottage homes, and co -housing. 10 24 acres of multifamily apartments. 6 acres of neighborhood 25 commercial component, which includes a 1-acre fire station, 11 • 3 1 32 acres of parks and open space, 160 acres of public 2 natural open area, and approximately six areas of collector 3 road right-of-way, totaling 330 acres. 4 The property is located at the southwest corner 5 of Trilby Road and South Lemay Avenue and is zoned RLP, 6 low -density planned residential, with a PUD condition, and 7 also zoned planned business, with a PUD condition. 8 A total of 804 to 1,079 residential dwelling 9 units are proposed on approximately 170 acres, for an 10 overall gross density ranging from 5.51 to 6.79 dwelling 11 units per acre. 12 Approval of this Overall Development Plan 13 request would allow a net increase of approximately 128 14 dwelling units and 160 acres of public open space over the 15 existing Provincetowne Overall Development Plan and 16 reduction of nearly 1.5 million square feet of neighborhood 17 regional shopping centers and business park uses. 18 As noted in the staff memo, this request is 19 consistent with numerous elements of the City's 20 comprehensive plan, including the 1997 goals and objectives 21 document and the land use policies plan. These documents 22 encourage mixed use, mixed density development within the 23 city limits. 24 Approximately 30 percent of the total dwelling 25 units are proposed to be provided within the City's 4 1 established guidelines for affordable housing via an 2 integrated approach, incorporating a variety of residential 3 types and densities. This effort is consistent with the 4 affordable housing policy adopted by the City Council in 5 October of 1992, which defines the City's roles and 6 responsibilities and strengthens the City's commitment to 7 affordable housing in the community. 8 While the Community Vision and Goals 2015 9 document has not been adopted by the City Council as a 10 regulatory document, it's appropriate to review those 11 portions that might apply to this request as an indication 12 of the direction of the developing City Plan. And this 13 document has numerous statements which supports the proposed 14 land use designations for the Provincetowne Amended Overall 15 Development Plan. 16 By clustering development on the northern 170 17 acres of the development and preserving the -- southern 160 18 acres as public open space, the ODP is consistent with the 19 preferred land use scenario of the advisory document 20 entitled "Plan for the Region Between Fort Collins and 21 Loveland." 22 The traffic study indicates that at total 23 build -out, the site will generate approximately 11,852 24 average weekday vehicle trips. A traffic signal will be 25 required in the future at the Trilby Road/Lemay Avenue E . 5 1 intersection, and with this traffic signal, the intersection 2 will operate at levels, acceptable levels, of service. 3 The proposed street layout and projected traffic 4 volumes are in compliance with the City's transportation 5 policies. 6 Other than neighborhood concerns related to the 7 proposed density, buffering, and compatibility, the 8 disposition of Benson Reservoir is a major issue facing the 9 Provincetowne Amended Overall Development Plan. The 10 existing dam is in poor condition, and the City of Fort it Collins has been ordered by the State to either repair or 12 replace the existing dam and/or modify the existing 13 reservoir to eliminate the dam. 14 The applicant has submitted a feasibility study 15 for the reservoir to the City which considers alternative 16 solutions; and Tom Shoemaker of our Natural Resources 17 Department is here to provide an update of what the Natural 18 Resources Advisory Board has discussed to this point. 19 The City's Finance Department, Natural 20 Resources Department, and Stormwater Utility are currently 21 reviewing each of the five alternatives which were submitted 22 for the reservoir, and the development of parcels B and C on 23 the Overall Development Plan may be prohibited depending on 24 which alternative the City selects. . 25 Therefore, the staff has recommended a 0 1 condition, with the recommendation of approval, that should 2 the City select an alternative which results in the dam 3 remaining on the property, that the Overall Development Plan 4 would need to be amended to adequately reflect any 5 additional undevelopable parcels. 6 Additional letters which were received after the 7 printing of the staff memo were distributed to the Board 8 members at the work session. I have slides prepared for 9 reviewing, and I'm available to answer any questions you may 10 have. 11 Just once again, on this map, this is Trilby 12 Road, South Lemay Avenue. And originally, the Overall 13 Development Plan for this entire area included Eagletree and 14 these parcels which are currently being developed. So the 15 only area that's being modified is designated in the red. 16 This is the Overall Development Plan request 17 which the applicant will be explaining their process in 18 going about and developing this plan. If you want it go 19 through the site charts or if you would like the applicant 20 to give their presentation. I don't know which you would 21 prefer. 22 MS. BELL: Does the Board have a need to 23 continue at this point, or would you like to go to the 24 applicant? 25 Let's go ahead and go to the applicant's • 7 1 presentation. Mike? 2 MR. BYRNE: Well, I would just like -- I would 3 like a little background on the existing approved Overall 4 Development Plan. And in particular, what I'm interested in 5 is what the street configuration is that's been approved. 6 And, Mike, I guess, if the street configuration is 7 unchanged, then that's fine. But if we're making changes to 8 the overall street configuration, I'd like to know what 9 those are. 10 MR. LUDWIG: I don't know if I have a slide of 11 the approved existing Overall Development Plan. It was 12 provided as an attachment in the staff memo for comparison. 13 I don't believe there is a slide in the carousel of that. 14 The existing Overall Development Plan follows 15 the elevation prototypes in the staff packet. And 16 technically, what an Overall Development Plan typically 17 indicates is just the major collector street connections 18 through the development. And on that Overall Development 19 Plan, Brittany Drive, Province Way, or Province Avenue, were 20 shown, as they currently exist on the existing development. 21 MR. BYRNE: And those won't change; is that 22 right? 23 MR. LUDWIG: That's correct. Brittany Drive and 24 Province will not change. 25 MR. BYRNE: And those are the two collector e I streets. 2 MR. LUDWIG: This is Brittany Drive as it exists 3 today, and Province Avenue comes in and it currently 4 dead -ends about right here on the property. So the real 5 change in this plan is just the -- the addition of a 6 collector, which connects, such as that, and then another 7 collector that comes through the development, such as that. 8 It has changed what -- somewhat, because they 9 have reconfigured their parcels and housing types. So the 10 existing ODP, there is one collector street that's shown 11 going south from about at this point -- actually, it's about 12 right here, and it is actually shown going all the way down 13 to County Road 32, but that is not shown on this plan, 14 primarily because of the 160 acres of natural open space 15 which is proposed as part of the plan, not having a 16 vehicular connection through that property. 17 MS. BELL: Does that address what you were 18 interested, Mike? 19 Let's go ahead and move on, then, to the 20 applicant's presentation. And the applicant has 30 21 minutes. And Georgiana, if you could let them know maybe 22 about five minutes before. 23 MR. HARMON: Good evening, Good evening, members 24 of the Board. I'm Jim Harmon, representing Pridemark 25 Development, 10701 Melody Drive, Northglenn. 9 1 With me this evening are Rick Mendelson, who's 2 our vice-president of sales and sales and marketing at 3 Pridemark; Rick Volpe, our principal planner from Downy, 4 Thorpe, and James; and Gary Owen all from Parsons & 5 Associates, who prepared the reservoir study. 6 I'm briefly just going to talk to you about how 7 this project came to be or how we became to be involved in 8 this, and Rick Volpe will make the principal presentation 9 with regard to the land plan and how we came to many of the 10 uses and the concepts in the land plan. it Last fall, the City of Fort Collins issued a 12 request for proposals to try to come up with a novel concept 13 and a novel use of this property, which integrated 14 affordable housing in a market development without 15 constricting it to a single area. They wanted to see 16 innovative site design, integrated affordable housing, and 17 the preservation of a major portion of the property as a 18 natural area, including the Benson Reservoir, which 19 previously was going to be surrounded by development in the 20 original ODP. 21 Most folks in the development community looked 22 at that RFP and round -filed it, because most people thought 23 it was just impossible. You couldn't achieve it. We looked 24 at it and thought it was kind of the innovative opportunity . 25 that we, as an affordable home building firm, would like to 10 1 make a run at it; and we worked with Downy, Thorpe and James 2 from the very beginning, spent significant time and money 3 preparing a proposal that became this land plan, and we 4 thankfully were chosen by the City Council to proceed with 5 this plan, and that brought us here tonight. 6 We feel that we integrated all the questions and 7 all the requests and requirements the City wanted in their 8 request for proposal, and in many areas, we exceeded their 9 expectations, including the affordable housing component. 10 With that, I'm going to ask Rick Volpe to 11 present the major points of the plan, and then Rick 12 Mendelson will talk briefly about who Pridemark is and some 13 of our goals in the project. 14 MR. VOLPE: Good evening. My name, again, is 15 Rick Volpe, and I'm with Downy, Thorpe and James and 16 represent Pridemark Homes in the development of the concept 17 plan for Provincetowne. 18 The -- we've got a -- what I think, is a very 19 innovative concept to share with you tonight for the 20 Provincetowne project. And it's innovative in a lot of 21 respects in that it begins to look at some of the goals and 22 objectives that are being contemplated by the City's new 23 structures plan, the City Plan. It also meets many of the 24 comprehensive goals and objectives of the current 25 comprehensive plan. 11 1 What I'd like to do is walk you through some of 2 the design concepts, the overall concept, and some of the 3 key features or components of the Master Plan. I'd like to 4 make some comparisons, generally, of how this plan relates 5 to the current approved ODP that -- that was approved back 6 in 1987 for the site. 7 I'd like to kind of finish up with some of the 8 changes that have taken place over the last several months 9 in the plan relative to staff and neighborhood comments, and 10 then pass it back to Jim Harmon. 11 I'll start with this plan here. I'd just like . 12 to say that we've done a significant amount of analysis for 13 the site in getting to this point, site analysis, which I 14 think, was included in your packet. There are some details 15 of this plan that we might touch on also, but the plan that 16 you see here is an overall plan for the site. 17 In general, the concept for the project was to 18 really concentrate development on a specific portion of the 19 property, and that area is represented here at about 170 20 acres of the 330-acre site, in which we've included a 21 variety of residential product types, quite a mixture of 22 residential products and densities within the project. It's 23 also supported by these residential areas, by kind of a 24 central focus area, including public and recreational 25 facilities, as well as a neighborhood commercial services 12 1 site up on the north part of the project that includes a 2 one -acre fire station. 3 The uses in here in different colors represent 4 different land use densities within the project. In 5 general, the areas to the south along this open space area 6 are lower density residential, including single-family 7 detached and cottage homes in the range of four to about six 8 dwelling units per acre. The northern half of the site 9 includes some higher -density uses, such as multifamily 10 residential, in close proximity to the commercial site. And 11 in the core of the area is kind of a moderate density, 12 including townhomes and a co -housing project that I'll talk 13 in a little more detail about in a few minutes. 14 The core area of the project is a very important 15 part of the project, and it really focuses neighborhood 16 activities, creates a public focus and a sense of place for 17 the project, which is a key goal of this project as well as 18 some of the direction that the City is going with the new 19 City Plan. It includes a central neighborhood park within 20 the project. 21 overall, the area to the south is maintained as 22 a natural, public natural open space of 160 acres. It was 23 considered an important element to the City in terms of its 24 natural habitat, its wildlife, current wildlife habitat in 25 the area, and this is generally the area that was defined by 13 1 the City. We went ahead and looked at our project's 2 relationship to that open space. 3 The 160-acre area -- it also provides an 4 important buffer to the area to the south which is the 5 current boundary, the city limits of the City, and relates 6 to the plan, as Mike had indicated, to the plan for the area 7 between the County and the Loveland and Fort Collins, in 8 terms of providing an open space buffer, concentrating 9 development on the site, and providing a transition of 10 development to the County. 11 The objective here was to create a more • 12 concentrated development in order to preserve a large, 13 natural open area. So the overall density of the site is 14 within the range of five and a half to about 6.8 dwelling 15 units an acre. 800 to about a high of 1,080 units on the 16 site. 17 The total area here, when you look at it, the 18 330 acres, represents a density that is similar to what's 19 happening in the surrounding area of about two and a half to 20 three and a half dwelling units an acre. However, the 21 obvious difference between the two plans is that while we're 22 providing smaller lots and a denser community, we've also 23 been able to provide a large natural amenity for the overall 24 project, which has not been provided in some of the areas • 25 adjacent to us with the larger lots. 14 1 And that's the key difference between the plans, 2 that the adjacent lots in the quarter acre to one -acre lot 3 range in the existing Eagletree development doesn't have a 4 public amenity within it of this magnitude. And again, the 5 overall densities are similar. However, the lots are 6 higher -- higher density, and smaller lots within the 7 project. 8 The differences between this plan and the 9 current plan, there's a very similar relationship in the 10 original ODP in terms of units. I think we're at about a 11 plus 128 units on this project. However, the original plan 12 also included about a million and a half square feet of 13 office, commercial, and industrial development, primarily in 14 this area here, up in here. There was also a commercial 15 site for 150,000 square feet of commercial development here 16 and about 250,000 square feet on this end of the property. 17 So there's a significant difference in terms of 18 preserving this natural open space and reducing or 19 eliminating the light industrial and office uses within the 20 site. 21 Our site has about 150,000 square feet of 22 commercial development on that purple area on the very north 23 in relation to the multifamily site. 24 A couple of the key features of this plan 25 include the residential communities. As I said, there's a E 15 1 variety of residential property -- densities and units 2 product types within the project, including single-family 3 detached housing, primarily on the south; the townhomes in 4 the center core area, with the co -housing project. The 5 multifamily on the north. And some more townhomes, cottage 6 homes. 7 The multifamily site is related to this 8 intersection up here at Trilby and Lemay. And that was 9 chosen as a good location, primarily because of its 10 traffic -related access to that key intersection of two 11 arterials, its relation to the commercial site as support, . 12 and reduced walking distances for the higher -density housing 13 there. There's also a church site in relation to that. 14 Another multifamily site that was approved at the corner 15 for, I believe, a little over a hundred units. There's also 16 a potential civic use on the north that hasn't been 17 developed yet in the Brittany Knolls Estates. 18 And there's also a transit facility at the 19 corner, which is not a bus -- pickup or bus stop at this 20 point in time. Traffic -- bus access, and doesn't come down 21 this far into the City yet, but we've looked at the 22 potential with the City staff of that, in the future, 23 becoming a potential location for bus access, which provides 24 an opportunity for that multifamily, along with all the 25 other mixed -use activity happening at this intersection, to itl 1 become a very viable location for a multifamily. The 2 multifamily includes a permanently affordable component 3 within it, for all of those units. We're proposing between 4 170 and about 200 units on about 10 acres in this area right 5 here. 6 Another component, an important piece of the 7 plans, this village center or neighborhood center. That 8 includes a combination of townhomes and a co -housing project 9 which is a little bit unique, but it's happening in the 10 Metro Denver area; and I'm not sure if you're very familiar 11 with co -housing projects, but there's two very familiar and 12 very successful ones in the Denver area, one called The 13 Islands in Lafayette, which has recently been discussed and 14 publicized on television and the news. And then there's one 15 down in Littleton called the Highlands. 16 And both of those are projects that we're talking 17 currently with the developer of those, Wonderland Homes, 18 about this potential site. It includes a central open space 19 and a common house or facility that allows opportunities to 20 share types of functions that are typically associated with 21 outside individual homes. There's some opportunities there 22 for day-care. Again, common open space, recreation 23 facilities, a gathering space, and so forth, within the 24 project. It includes a variety of housing types also, 25 including some duplex attached townhomes and single-family • 17 1 homes. The townhomes adjacent to this are in the range of 2 about 8 to 10 dwelling units an acre, and the centerpiece of 3 the project is a neighborhood park, and that is a focal 4 point of the project. 5 We see this area right in here as an important 6 part of the project, where all residents can get to it 7 easily and accessible. We want to design that to provide a 8 sense of place for the community, to provide an identity for 9 the project, so it could include -- and we're hoping that, 10 outside the park site, that there would be other public 11 facilities and recreation facilities, such as a recreation • 12 center for the neighborhood that all, within the community 13 or in this neighborhood, could come to. And again, the site 14 is located in close proximity to the open space and provides 15 views and access to the natural open space. 16 Another important component of the plan is the 17 way streets would be designed in the project. Some of the i8 goals and objectives of the City are to create more 19 pedestrian -friendly, more pedestrian -oriented streets, and 20 we've been talking to the City a lot about how to do that. 21Before we got involved, or before we were 22 initially involved in the project, we were talking with the 23 City about creating some street design standards that may be 24 a little bit different than the City's current standards in 25 terms of creating more pedestrian -oriented streets with 18 1 tree -lined streetscapes and some detached walks on some of 2 the streets and other streets that are low -volume streets, 3 maybe not having sidewalks on both sides of the street, 4 minimizing the street widths in certain cases to really look 5 at the traffic volume on those particular streets, including 6 possibly some alley access to minimize the garage dominance 7 along the street of having streets with garages lined up 8 along key streets within the project. 9 It turns out that the City has now approved some 10 new street standards that we've reviewed, and we're happy to 11 say that those standards are very close to what we'd like to 12 see happen, and probably would like to go with a lot of 13 those street standards as part of this project. To use a 14 variety of streets, I think, is important. To minimize the 15 domination of garages along the streets is also important to 16 this project. 17 To avoid unloaded streets, typical collectors 18 within many sudivisions are not loaded because of the 19 traffic volume created on them, and we'd like to see if we 20 can't change that in this particular project and front 21 architecture to the streets to provide a more 22 pedestrian -friendly environment, avoid six-foot stockade 23 fences and opaque fences along those roadways. 24 We would look at how to do that using different 25 garage orientations. Maybe the use of alleys along those . 19 1 streets. A little -- private or driveway lanes, if you 2 will. In order to front architecture to the street, 3 minimize the number of curb cuts, but still not back homes 4 to those -- to those key roadways. We feel that they're 5 very important to the identity of this project. 6 Another element is the commercial site on the 7 north. I'd like to talk a little bit about that. That's a 8 six -acre site with -- also includes a one -acre fire station 9 which was requested by the City. Which the original plan 10 included 150,000 square feet of commercial at this corner of it Lemay and Province Avenue. 12 We felt that it was more appropriate to place 13 that on the north in relationship to two major arterials, 14 Lemay and Trilby, and also put it in context as almost a 15 mixed -use center with other multifamily that's occurring 16 off -site, a proposed church site, our multifamily in this 17 area, again the transit facility on the north, and a 18 potential civic use in the Brittany Knolls site. 19 The -- there's good traffic access at that 20 location. It still provides good pedestrian connections to 21 our site. We'd like to orient that and integrate that 22 commercial site as part of this project and not isolate it 23 from the development. 24 Those are a lot of reasons why that particular 25 site was selected. We also felt it was less impactful to 20 1 adjacent low -density residential and estate residential 2 happening just east of Lemay. 3 A final component of the plan was the open space 4 component. Again, I mentioned, I touched on the five -acre 5 neighborhood park site in the core of the project. There 6 are other kinds of open space proposed. There would be 7 neighborhood pocket parks or village greens within small -- 8 small parks within some of the larger residential 9 neighborhoods to provide a focus for a gathering and 10 activities within each of the smaller neighborhood areas. 11 The -- there's a significant open space buffer 12 that buffers this project from the adjacent development 13 within the project. That would serve a drainage function as 14 well as pedestrian access and trails throughout the project, 15 connecting the individual neighborhoods with themselves as 16 well as the -- the larger park in the center of the 17 project. Some of it's public facilities and the commercial 18 site and other off -site uses. 19 Finally, the final component is this large, 20 natural open space. That would be proposed to be left 21 primarily as it is. There's some discussions as to the 22 design or redesign of the reservoir. And our client has 23 made some proposals through our engineering consultant on 24 how that area might look in the future. But our goal is to 25 keep this primarily a natural area, preserving the wildlife • 21 1 and existing vegetation for that area. It provides a buffer 2 to the county land to the south, and is a key component to 3 this project. 4 Back when we initially met with staff to go over 5 the plan in the concept review meeting, there were, as a 6 result of that meeting, there were very few major components 7 to the plan relative to the ODP. There were a lot of good 8 ideas that came out that we've taken note of and that have 9 come out in comments relative to how to proceed with this 10 plan in more detail as we move forward to the preliminary 11 planning process. 12 The -- there was a neighborhood meeting that was the 13 held after the concept plan review, but as part of 14 review process, that developed a couple of key issues within 15 the project that we've taken into consideration and tried to 16 make some modifications to the plan. 17 One of those is the density of the site and its 18 relationship or transition for the surrounding area. We've 19 added some additional buffers to the project between 20 Eagletree and the cottage homes here in Parcel C, along this 21 edge. What we're proposing to do is keep a minimum 150-foot 22 setback of homes in the cottage home area from the Eagletree 23 homes on the east, which is very similar to what's happening 24 in the proposed setbacks in the multifamily site. The -- • 25 between the existing single-family homes here and the 22 1 proposed multifamily homes to the north. 2 The density of this area overall is about twice 3 what this is, but in terms of this being about twelve units 4 per acre, this is about six or seven units per acre, but we 5 would propose to create a landscaped open space area along 6 the street. We would also -- are proposing to front 7 architecture to the street with alleys behind, so you won't 8 be looking at the backs of homes with a six-foot fence along 9 that streetscape. That's important to the image of this 10 project, to provide a good appearance from that collector 11 street as you drive that roadway. 12 Another element of this was the relocation of 13 some of the single-family densities. We had originally 14 proposed some moderate density in this area here, and we 15 have shifted to a low density of four to five dwelling units 16 per acre, adjacent to these one -acre lots in Eagletree, and 17 moved the density to a moderate category into the superior 18 of the site, where it's less impactful to the surrounding 19 neighborhood. 20 There was concern for some additional traffic on 21 the existing collector. As Mike had indicated, there was 22 the original -- the original plan came through with a 23 collector down to the County Road 32. Because of the nature 24 of the design and the open space, it was proposed and, I 25 think, agreed to with the staff, that having an access out 23 1 to County Road 32 would cut the open space in half. 2 What we chose to do, in order to minimize some of 3 the future traffic on this existing collector, was to 4 provide some neighborhood integration with future access, 5 potential access, to the north, out of parcel A, and to the 6 west. However, we're not sure at this point in time whether 7 we'll get access out to Highway 287. But there are 8 opportunities to provide connections up to Trilby in the 9 future from this development. 10 And then finally, there was a question about a 11 possible private school for the church site. And we've 12 added to the plan the possibility that parcel G as opposed 13 to this 13 acres being cottage homes, that it could 14 potentially be a private school site, which would support 15 and be adjacent to the Lutheran church on the opposite side 16 of the collector street. And those were the key changes 17 that were added, revised on the plan. 18 In closing, I'd just like to say that we feel 19 that the plan meets and conforms with a lot of the City 20 Planning objectives for the future; that we're providing a 21 mix of housing opportunities, including some multifamily and 22 affordable housing that's integrated within the project as 23 opposed to dispersed or segregated to the edge of the 24 project. We've looked at a more dense, more compact 25 development in order to preserve a large public open space 24 1 for the project and for the entire Fort Collins community. 2 We've also tried to integrate neighborhood commercial 3 services and public facilities within the project. 4 With that, I'll turn it over to Jim. Thank you. 5 MR. HARMON: Madam Chair, Jim Harmon, 6 representing Pridemark. Before I turn it over to Rick 7 Mendelson, I want to touch briefly on what I think is going 8 to be an issue that many people don't understand, and that 9 is the issue of the affordable housing and how will it work 10 in this development. 11 We see the affordable housing work in many ways, 12 but there are really two critical components to it. And the 13 first is that we're going to structure some or all of the 14 multifamily rental housing as a permanently affordable 15 facility, which will be built to the same standards or 16 greater standards that any other typical rental 17 apartment -type facility will be built, however, utilizing 18 government program such as the tax credits, 221-D-4, Housing 19 and Urban Development financing. We'll be able to provide 20 this as a permanently affordable housing source that will 21 not change over time. 22 And then the second and what we think is really 23 the most innovative portion is going to be the distribution 24 of an additional 10 percent or approximately hundred homes 25 throughout the development that will be set up in various . 25 1 methods to be permanently affordable. This can be through 2 restrictive covenants and deeds, through land trust type 3 accounts, and through contractual agreements between the 4 individual builders or developers within Provincetowne. 5 These homes are going to be exactly the same as 6 any other home you'd seen in the development. If we had a 7 six-plex townhome and one of those units was permanently 8 affordable, you wouldn't know the difference looking at it, 9 and you wouldn't know, unless your neighbor who owned that 10 unit chose to tell you, that they were in a permanently 11 affordable home; and while your home would reap the benefits 12 of the market increases that happened over time, that 13 homeowner would be restricted in the resale of their home 14 based on income qualifications and consumer price index and 15 inflation indexes. 16 Our proposal is to work with folks like TRAC, 17 and maybe Habitat for Humanity, and other types of 18 organizations that provide affordable housing -- five 19 minutes? Okay. And provide to them lots, building plans, 20 specifications, the whole package, for them to work with 21 their clients to build homes so that the home that you would 22 see that would be in our development that's permanently 23 affordable is the same as any other home that a market buyer 24 is going to buy. So there will be a complete integration 25 within the development of the housing. 26 1 Rick Mendelson, who's going to speak briefly 2 after me -- very briefly, I guess -- has some slides of some 3 of the homes we've built, if it's appropriate, if anyone 4 would like to see them tonight. I don't think we'll have 5 him show those, but if the question comes up, someone would 6 like to see them, we have those available. With that, I'll 7 introduce Rick Mendelson. g MR. MENDELSON: I'm Rick Mendelson, vice 9 president of sales and marketing for Pridemark Homes, 10 Pridemark Development Company, 10701 Melody Drive in 11 Northglenn, Colorado. Good evening. And I will be brief. 12 I have to be. 13 There's been a lot of comments with regard to 14 densities and land uses and affordability, but I really 15 think the important element to be spoken here this evening 16 is about people. People within the community, the larger 17 community, people within this development. 18 A little bit about who we are and what we do. 19 Pridemark Homes is currently involved in approximately 15 20 active subdivisions in the Denver metropolitan area. Our 21 principal, Mike Messina, has been in the affordable home 22 building and land development business for almost 30 years. 23 And his history along the Front Range is fairly well 24 documented in preceding master planned communities 25 throughout the metropolitan area of Denver. 0 0 27 1 Currently within the subdivisions that we have 2 active, five of those subdivisions are large master planned 3 communities, and we feel as though that allows us to bring 4 some unique talents to the Fort Collins community and the 5 Provincetowne development. 6 We are a Colorado company, and I think that 7 that's a really important element to understand. We're not 8 a Wall Street driven company. We can react to market 9 conditions and market changes because we're within this 10 marketplace. 11 We specialize in affordable home building and 12 affordable land development, and really, the affordability 13 of land development speaks volumes to the affordability of 14 homes. 15 Ours is not a particularly glamorous end of the 16 business. There's a lot of people out there who want to 17 know why we do what we do and where we don't develop 250, 18 300, 400 thousand dollar homes, where it's a little bit more 19 glamorous. 20 We're all committed to the idea that the 21 diversity within a community is enhanced by providing 22 housing for all of the different types of people in all of 23 the socioeconomic groups within that community. And that's 24 really the opportunity that's in front of us with the 25 Provincetowne. 28 1 A very high percentage of the buyers that we 2 work with are first-time home buyers, and I think you're 3 going to hear in the public portion of this session this 4 evening that there's really two kinds of people who are 5 going to stand up and talk. Those who have homes and those 6 who want homes. And I think it's really -- it's really 7 important to those who already have homes to remember how 8 important it was in the development of their life, their 9 first home purchase. And really, that's what this -- this 10 conversation really needs to be all about. 11 There's always a wide range of lifestyles, and 12 it requires a wide range of products to be able to meet 13 those -- those needs. And this is really a perfect 14 opportunity to try to meet those needs. Within the 15 Provincetowne development, you'll see single-family detached 16 homes, single-family attached homes, multifamily homes, and 17 all of them really have to have very innovative floor plans, 18 very innovative elevations. If they don't, we won't be able 19 to sell anything. 20 We like to bring substantial level of quality 21 with regard to the materials, high level of masonry and 22 other elements, which are viewed within the marketplace, 23 within this local marketplace, as elements of quality. 24 And we have the ability, because we're local 25 people, to react to the changes in the marketplace. One of Cl 0 • 29 1 the other things that's very important for everybody to 2 realize is that this is a very large-scale development, and 3 depending upon the cycles within the marketplace, we're 4 probably talking about a six- to ten-year build -out period. 5 All of this development is not going to happen overnight. 6 The other thing that I think we bring to the 7 table that's very important, if you talk to other civic 8 leaders in all of the communities that we're involved in the 9 metropolitan Denver area, is that we stand ready, willing, 10 and able to engage all of the parties that are concerned on 11 all sides of the issues. • 12 Neighborhood groups; we choose to meet them as 13 groups, as individuals. It really doesn't matter how they 14 want to be engaged, but we want to work within the process 15 and not apart from the process to be able to bring the best 16 possible development to the City of Fort Collins. 17 Thank you. Perfect timing, huh? I planned it 18 that way. 19 MR. RARMON: Obviously, we'll all be available if 20 have you any questions. 21 MS. BELL: Thank you. Does it seem appropriate 22 to move on to the public participation? Or are there 23 questions that we have? 24 MR. LUDWIG: Real quickly. Tom Shoemaker of the . 25 Natural Resources Department is here, and I thought Tom CAP] 1 might want to give just a real brief description of where 2 they are in the evaluation of Benson Reservoir. 3 MS. BELL: Part of the staff presentation. 4 MR. LUDWIG: Yes, correct. 5 MS. BELL: Okay. 6 MR. SHOEMAKER: Good evening. Mike mentioned 7 earlier in his presentation that there is ongoing work with 8 respect to determining the future of the Benson Reservoir 9 area. 10 As Mike alluded to, we are faced with a 11 situation that, as the City took back this property, we 12 cannot have the status quo remain. The City is under orders 13 from the State engineer to either fix, completely rebuild 14 the dam and spillway at Robert Benson Reservoir, or do 15 something else with it. 16 The Natural Resources Department, the natural 17 areas program within the City, has proposed to the City 18 Council that we acquire about 160 acres of this overall 19 project and, essentially, that's a purchase by the natural 20 areas program from the Finance Department. 21 As part of that, we're evaluating what possible 22 alternatives there are for Robert Benson Reservoir. I think 23 the overall description of 160 acres will be the reservoir, 24 surrounding wetland, and what we would hope to restore to 25 native grasslands at some time in the future, the area to 0 31 1 the south. 2 Well, as the Pridemark people were evaluating 3 their possibility of purchasing this land from the City, it 4 became apparent that they were quite interested in the 5 future of the reservoir as it related to parcels A and B. 6 No, B and C. With respect to development potential. We 7 collaborated. They funded an investigation by Parsons 8 Associates, which is just a preliminary feasibility analysis 9 of different reservoir options. 10 What we're looking at ranges from the full 11 jurisdictional reservoir, which would be completely . 12 rebuilding the reservoir, or the dam and the reservoir, to 13 basically breaching the dam and taking the surface elevation 14 back to its previous or original natural lake elevation. We 15 are also looking at several other alternatives that could 16 include smaller ponds or two smaller ponds and one that 17 looks at opportunities for enhancing the wetland and habitat 18 value of the smaller lake after the breaching scenario. 19 The Natural Resource Advisory Board reviewed 20 several of these -- all of these alternatives last week at 21 their meeting. It's clear that there are a number of 22 unresolved questions with respect to water rights, 23 permitting, and some of these types of things. 24 So I can't tell you for sure exactly which . 25 direction we're going. Also, clearly, we've had several 32 1 calls from people that live out in that vicinity in Victoria 2 Estates, and I made the commitment that we would meet with 3 them and review the alternatives and get their feedback on 4 this as well. 5 I can tell you that there wasn't a lot of 6 support or any support, really, for the alternative five, 7 which was to completely rebuild the dam and the reservoir. 8 Part of that is that the City no longer has any water rights 9 to fill that reservoir. The other part of that is that 10 that's by far the most expensive option that we would face, 11 and it does eliminate the development potential from a 12 couple of these parcels. 13 So based on what I know right now, I would be 14 saying that we -- staff is not recommending that we would 15 move to the full jurisdictional reservoir but rather that we 16 would look very seriously at some of the other alternatives, 17 and at least my goal, from the natural areas program, would 18 be to build on and enhance the wetland values, the wildlife 19 habitat values, and the natural area values associated with 20 that reservoir as it stands right now. 21 I'd be happy to answer any questions. 22 MS. BELL: Thank you. We may, when we get into 23 the bulk of our meeting, ask you some more questions. 24 Let's go ahead and move on to the public citizen 25 input. And I recall that quite a number of people raised • 33 1 their hands, wanting to speak to us tonight. Is there an 2 organized neighborhood group, or are you mostly here as 3 individuals to speak to us? If there's a group, somebody 4 representing a group, please raise your hand. 5 Okay. Okay. Are you with the affordable 6 housing? So you wouldn't need 30 minutes. Okay. 7 I think what I'm going to do, because of the 8 numbers of people, is limit public input to three minutes, 9 or else it'll take an interminable amount of time. So let's 10 get started. Come on down, and give us your name and sign 11 in, and inform us about your concerns and interests on this 12 project. 13 Remember, we have two mikes. Don't be shy. 14 MR. LANG: My name's Mark Lang, and I live in 15 Victoria Estates, and I support rebuilding the dam. 16 MS. BELL: Boy, we really like input like that. 17 Brief and to the point. Thank you. 18 Please, it will help us move the meeting, the 19 decision -making part of our meeting along, if those who want 20 to talk to us will come forward and be ready to talk at the 21 mikes. 22 MS. McFAY: My name is Ann McFay. I live on 23 6422 Kyle Avenue. My concern is the traffic on Lemay and 24 Trilby Roads. I was probably at the same P and Z meeting • 25 when the original plan was approved in 1987 and asked the 34 1 same question, and I still don't have any reasonable 2 answers. 3 I mean, I heard, yes, that staff says that 4 there's going to be a light installed at Lemay and Trilby. 5 That does not, unless I didn't read between the lines 6 correctly, staff -- that does not address the problem with 7 an additional -- I couldn't tell if it was 2,000 cars a day 8 or 12,000 cars a day, going out onto Lemay and Trilby. 9 I've lived at 6422 Kyle Avenue for 24 years now 10 and seen that entire development area grow down there, and 11 have asked the same question at many other P and Z 12 meetings. The answer I keep getting is there's this 13 conflict between the County and the City over Trilby Road. 14 Guys, it's time to fix it. 15 I come down Trilby Road at least twice a day, 16 primarily from College Avenue, because I work at the 17 University and that's the most direct route home. The speed 18 limit was 30 miles an hour. It's now been raised to 40 19 miles an hour. It's an accident waiting to happen out 20 there. 21 You have at least 30 public school buses a day 22 coming out of the Poudre R-1 School District bus garage out 23 there. You have I don't know how many TransFort buses going 24 out there. You have the Humane Society out there. You have 25 the Loveland public school buses coming down there. I heard 35. 1 nothing about schools. I realize this is city of Fort 2 Collins and it's a Loveland school district, but I think 3 someone ought to be at least asking those questions. I am 4 really concerned about the traffic out there. 5 You're turning Trilby, which was a residential 6 street, into a major arterial, and I haven't heard it 7 anything about being four -lane or those of us trying to go 8 on off Trilby or onto Trilby off of Kyle dealing with the 9 knoll or the hill or whatever you want to call it, which 10 that's just on the west side of the City property, and you 11 cannot see cars coming up over there. And those cars, if 12 they're going west in the late evening, cannot see you. 13 You're just going to add to that problem. Everything I'd 14 heard tonight, and I've been sitting here since 6:30, is, we 15 need to deal with traffic problems in this city we should 16 have dealt with long ago. Now's the time to deal with it. 17 Overall, I'm in favor of the project, but let's 18 deal with the traffic, not only west of Lemay on Trilby, but 19 east of Lemay on Trilby. That's a two-lane road. You've 20 got a railroad intersection in there that's going to take 21 major money to turn that into a four -lane road. You know at 22 least some of those cars are going to go that way, plus the 23 rest of the development's going on down there. 24 MS. BELL: Thank you. And the little buzzer 25 will ring when you have one minute to go. M 1 MR. MORKVED: My name is John Morkved. I live 2 in Brittany Knolls subdivision, and I'm also speaking 3 concerning the impact of this Provincetowne on the traffic 4 on both Trilby and Lemay. 5 And my concern is that the planning for the city 6 streets on the widening of those two arterials be 7 coordinated with the development of this property, because 8 right now, the traffic has significantly increased in the 9 four years that I have lived in this subdivision, and the 10 curve on Lemay by the Southridge golf course, I think I've 11 heard that that's in the planning to be straightened out, 12 but it's a concern to me because of the traffic now, and 13 there are the cyclists and pedestrians there. There's 14 little space for them to safely be at the traffic congestion 15 we have now. So that's a concern. 16 The same as going out onto Trilby, on Trilby out 17 to College. That, the lady that spoke just ahead of me, I 18 can share her concern with traffic by that trailer park as 19 well as up and down, and I can see that with this new 20 development, we'll have a much increase in traffic. Thank 21 you. 22 MS. BELL: Next, please? 23 MR. BROWNING: My name's Bob Browning. Pardon 24 me. And I'm the chairman of the City's Affordable Housing 25 Board. I'm also the president of the Fort Collins Habitat • 37 1 for Humanity, and I'll be brief. 2 This is an exciting project from the perspective 3 of both groups. From an Affordable Housing Board 4 perspective, it serves to foster the goal of integrating 5 some of the different economic stratas within the City, and 6 it places some of the affordable housing units to the south 7 portion of the city, to end the perspective that all the 8 affordable housing units are in the north. 9 From Habitat's perspective, it's an additional 10 opportunity to provide housing to the working poor of our 11 community, and we are glad to share in a landmark affordable 12 housing demonstration project. We urge approval of this 13 project. Thank you. 14 MS. MALONEY: My name is Betty Maloney, and I 15 live at 1309 City Park Avenue in the city of Fort Collins, 16 and I'm representing the Affordable Housing Task Force of 17 Larimer County this evening. 18 Sometime ago, when the future of this property 19 was kind of up in the air, members of our task force met 20 with City people and urged that the City consider doing 21 something innovative with this property that might involve 22 some affordable housing. So of course, we are delighted 23 that we have gotten to this point with this land. We're 24 pleased that Pridemark has expressed an interest in working . 25 with the City to provide an integrated, planned community, 38 1 and also to work with TRAC and Habitat, which are two 2 established agencies in our community. 3 We have here before us what I consider to be a 4 real planned community. We have this wonderful mix of 5 housing, from single-family to townhomes to multifamily and 6 cottages and some of this will be permanently affordable. 7 We have just gotten through, or we're still in 8 the midst, I guess, of the City process for the goals and 9 objectives of the City vision; and in that proposal, we have 10 things that I feel are quite similar to this, where they are 11 recommending that we have these developments that include a 12 mix of housing and a mix of recreation and that facilities 13 will be nearby so that you won't have to drive great 14 distances to do your recreation or to do a little bit of 15 shopping or whatever it is that you need to do. 16 And it seems as if this is all going to be a part 17 of this community. Hopefully, there will be some day-care 18 integrated into this. I like -- we like the concept of the 19 cluster development that has left the open space and 20 recreation areas. And we feel that this exemplifies the 21 best planning. We see that it's going to be helpful to many 22 of the people in our community because of the affordable 23 housing component. So we are urging the serious 24 consideration and adoption of this. 25 MS. BELL: You still have one minute. . 39 1 MS. MALONEY: That's okay. 2 MS. BELL: Okay. Just . . . 3 MR. HAMAR: I'm Dwayne Hamar, and I live at 6824 4 South College. I own a small piece of property that borders 5 this. 6 I basically don't have major comments. I just 7 have some questions that I think maybe the City needs to 8 address. One of them has been touched on concerning mass 9 transit. And transportation to Loveland High School. After 10 all, this is in the Loveland school district. And if we're 11 talking about transporting everybody around by way of Trilby 12 or County Road 32 onto College Avenue, which is the only • 13 direct way to Loveland High School, we're talking about a 14 lot of traffic, because I've lived there for 32 years, and I 15 saw it go from a small two-lane road to a four -lane road 16 that I can hardly get out on. 17 My other questions concern mostly Benson 18 Reservoir and the water. One, I would like to know and get 19 explained to me what happened to the original Louden water 20 that was on this piece of property. At least 10, 12 years 21 ago, when the original Provincetowne developers owned it, 22 and it was turned back to the City. 23 Secondly, it was mentioned that the City has no 24 water rights, and I'm not sure what they mean by that, 25 because I'm also secretary and treasurer of the Louden Water 40 1 District, and I happen to know the City of Fort Collins does 2 have water rights. At least, they have water shares. And 3 what that means in terms of keeping Benson Reservoir going 4 and functioning, I don't know. 5 The other concern about water is there's a farm 6 on the east side of Lemay that has transportation rights for 7 water through Benson Reservoir. And so in terms of the 8 overall development of this parcel, that is another thing 9 that needs to be considered that was not touched upon. 10 Thank you. it MS. BELL: Thank you. We'll try to address your 12 questions during the . . . 13 MR. LONG: I'm Bob Long; live at 512 County Road 14 32. And I think there's really, I have a mixture of 15 feelings about this development. There's certainly a lot of 16 good things this developer has done, and I think he's to be 17 commended on a lot of the ideas and the concepts. I see 18 this as a significant improvement over the previous ODP, so 19 that's some of the pluses. The inclusion of the affordable 20 housing, I think, is also a good, positive thing for this. 21 My major concern is probably a more general one 22 for the whole vicinity, that as I see things going on in the 23 city, that the extension of the urban sprawl all the way out 24 to the urban growth boundary, which this is on, is really 25 difficult for me to see and dramatically changes the . 41 1 character of the neighborhood and that whole environment 2 there. So that's kind of the negative side that I see. 3 And the things that I would think are important 4 is looking at not only what the current City policy and 5 plans include but what the real objective of it is. And I 6 think there's real positive things to be brought about by 7 going to a higher density. Some of those are, keeping the 8 city of Fort Collins more compact. Well, when this site is 9 really five, six, seven miles from downtown Fort Collins, 10 that's hard for me to believe that it's keeping the city 11 more compact. It does not do. 12 • It's supposedly -- one of the things with 13 increased density is to improve bicycle pedestrian 14 transport. Well, there's not a whole lot of pedestrian 15 access to much of anything around here. The neighborhood 16 concept there, there may be some things, neighborhood park, 17 people going to the park. 18 But I suspect if you look at the traffic 19 analysis, the majority of the trips are people going to 20 work. They're not going to work anywhere in this 21 neighborhood, and that's going to still have the same number 22 of trips, I suspect. There aren't that many people that 23 will be walking or biking to work from there, I don't think. 24 Transit access is another possibility. It's • 25 increased by having a higher density, and that is also not a 42 1 possibility here. It's at least two miles to the nearest 2 transit point for TransFort. So that, again, is a problem 3 for that. 4 The increase traffic is certainly going to 5 contribute to traffic congestion. More people will want to 6 put up noise barriers to keep the traffic away or whatever, 7 and the pollution will increase, too. S The solution to traffic problems, in my mind, is 9 not building bigger streets and building up -- putting up 10 noise barriers, but it's keeping the cars away, and I think 11 that means keeping fewer houses at the periphery of the 12 city. Thank you. 13 MR. JOLLY: Good evening. My name's John 14 Jolly. I've lived in Fort Collins for 13 years, and just 15 within this year, bought a home in U.S. Homes subdivision in 16 Brittany Knolls, and I have to agree with the other two 17 people that spoke earlier about the traffic on Trilby. 18 My concern is the intersection of Brittany and 19 Trilby. If you're on that corner and you're looking to your 20 west, and if you look back to the east, and if you don't 21 look back to the west again, there could be a car within a 22 hundred feet of you. Because they're zooming down that 23 road, I'd say, between 40 and 50 miles an hour on their way 24 to work or whatever. That's a concern to me. I've got two 25 young boys, and there are other young children in the . 43 1 neighborhood. That's a concern that most of the people that 2 I spoke to, anyway, are worried about. 3 Another issue I'd like to talk about real 4 quickly is the density issue is an issue that I'm concerned 5 about. The pattern that I have seen Fort Collins in the 6 last few years, especially in the south end of town, is to 7 go to, you know, larger homes on larger pieces of property; 8 and I mean, we're not objecting to the development, but the 9 density issue is one thing that we're really concerned 10 about. 11 Because if they're projecting a thousand units in 12 that development, you've got to assume that each family has 13 two cars, so we're -- we're looking at a couple thousand 14 cars a day coming out of that intersection. And if there's 15 only going to be entry onto Trilby from that area and one 16 area onto Lemay, we're going to have a lot of traffic at 17 those two intersections. So that's a concern for local 18 people I've talked to. 19 And one other issue is the area (inaudible) 20 MS. BELL: You'll need to take the mike with you, 21 because it's record -- 22 MR. JOLLY: I might not be looking at this map 23 properly, but where is the trailer park? Up here? 24 (Inaudible.) . 25 MR. JOLLY: There's a wetland area, I believe, 44 1 just east of the trailer park. I know that. And the reason 2 I know that, I go up in that area every day. I walk my dog 3 in there, and my two boys. And in that wetland area, I have 4 seen, since I've moved in, are nesting areas for ducks and 5 geese that I have seen. There's red foxes I've seen in 6 there. There's definitely coyotes in there, because I hear 7 them every evening. And there's also been bald eagles down 8 in that area. 9 So it's just concerns of mine about what they're 10 going to do with that wetland area. And that appears to 11 be -- or in that core area of the development. So thank 12 you. 13 MS. BELL: Thank you. 14 MR. ZIER: Madam Chair, my name is Rick Zier. 15 I'm an attorney in Fort Collins. I represent the owners and 16 developers of Eagletree, and though I don't represent a 17 group per se or neighborhood group, I would appreciate a 18 little more than three minutes, if you would indulge me 19 that. 20 MS. BELL: How long do you think you'll need? 21 MR. ZIER: No more than ten minutes; hopefully, 22 five. 23 MS. BELL: Why don't we go for between five and 24 ten. 25 MR. ZIER: Okay. Thank you. I did write a 45 1 letter to the Board August 2nd. I hope that's been made a 2 part of the packet. 3 I think the thing that is really daunting to my 4 clients are the massive scale of this development. From 5 north to south, it's a mile, I think, and we are not against 6 development per se or multifamily development per se or 7 affordable housing per se. My clients are interested in all 8 of those things themselves. But on a much lesser scale. 9 They were the purchasers of the Eagletree development, which 10 was already approved by this Board when they bought it, and 11 if you'll notice that, it's kind of out of focus on this up 12 here, but from north to south, it's phased from high density . 13 to low density rather radically. 14 My understanding is that the developers have 15 tried to do a little buffering around the edges, and they've 16 measured, I think, on the plat, what the distances between 17 single-family housing on Eagletree and the multifamily 18 housing on Eagletree was. Well, that's a total of seven 19 acres of multifamily housing, and what they're talking about 20 are hundreds of acres of very dense housing to the west and 21 to the south, some right on the edge of one -acre estate 22 sized lots. 23 We think that a gradual phasing and a rational 24 transitioning of two sister developments who share collector • 25 streets and were originally part of the same overall 1 2 3 4 5 6 7 8 9 10 11 12 Development Plan makes good sense. 46 It also somewhat breaks the trust, I think, or reliance of the developers who go ahead and develop according to a phasing that we were told at the time of the purchase was in keeping with what the City wanted to do as it transitioned toward the southern boundary of the Urban Growth Area, kind of like what the gentleman who lives on County Road 32 said. What we have here now is massive density, partially created, I think, by market requirements, because of the what the City has required the developer to do. Number one, they're going to essentially dedicate 160 acres of open space, which is wonderful, but that's not 13 developable. 14 They are going to -- they are required to have 30 15 percent of their units be affordable. Again, that's a 16 market condition. In order to make this huge purchase 17 affordable or profitable for them, they must pack in very 18 densely the units and that is what is occurring here. And 19 you can't lose sight of what is occurring on the very fringe 20 of the city. This is a huge community unto it It is 21 the enclave to end all enclaves. The traffic, 11,000 22 vehicle trips per day, is not something to sniff at. 23 But from our standpoint, it just makes no sense 24 to transition immediately into absolutely high -density 25 development from the gradual transitioning that we think is u . 47 1 coherently proceeding southward toward the open corridor 2 area between the two communities, Loveland and Fort Collins. 3 The possibilities are several. I would think 4 you could increase the buffer areas. You could put more 5 park and drainage space there. Primarily, you could 6 decrease the number of units, and I think one way or 7 another, this is what you must arrive at. This is -- you 8 could reconfigure. 9 The developers were talking about, or the 10 applicants were talking about, the importance to them of 11 views to the south and the southwest, across their open . 12 space. The same is true of our development, where, again, 13 it's already been approved to transition to a less dense 14 sequencing, the farther south and southwest you get, into 15 the Provincetowne planned area. Now you've got the massive 16 density clustering very close by. The two are just not 17 compatible. 18 And the result, again, of what the City is 19 requiring with open space and affordable housing 20 requirements -- nothing against affordable housing; it's 21 laudable, but the effect of this developer now to make it 22 profitable is to increase the density dramatically. When 23 four to five units per acre is low density, that should tell 24 you something, and this is right on the fringe of the Urban 25 Growth Area. I The request for proposal on the sale of the 2 Provincetowne property, that the developers or the 3 applicants before you now have under contract with the City, 4 said that one of the City's goals was to make the 5 construction of affordable housing more cost-effective 6 without unduly compromising our community values, and that's 7 all we're asking that you take into consideration. Thank 8 you. 9 MS. BELL: Thank you. 10 MS. URICH: Hi, I'm Carmen Urich, and I'm a 11 property owner in Victoria Estates, and I just have a couple 12 more questions concerning traffic density that I'll just 13 ask. I'm not sure if they're the responsibility of 14 developer or of this PUD or of the Natural Resources 15 Department. 16 And I don't quite understand where the boundary, 17 the exact boundary, of the natural resources area around 18 Benson Lake and where they will end, especially in 19 relationship to -- I think it's J or the community center. 20 There were some wetlands, I believe, that were on that map, 21 and I'm wondering if there will still be a buffering zone 22 that will still be needed and if that will fall on the 23 responsibility the City, the Natural Resources Department, 24 or the developer. 25 I'm also wondering when the dam is supposed to . 49 1 be removed, because I understand that it's probably going to 2 happen, and I think that there's a three-year time frame 3 that we had to make changes to the dam, and I'm hoping that 4 we do not rush into that without looking at the full impact 5 of what changes would be needed to be done. And also, the 6 financing of any upkeep or any changes to the Benson Lake 7 area. 8 And then the last thing I just wanted to ask is 9 the open space that the City is taking over, besides Benson 10 Lake, what determined how much they would buy, and are they 11 prepared to be able to buy more open space when they were . 12 unable to handle the upkeep of the -- of the dam in the past 13 years for Benson Reservoir? 14 And also, what happens to the Benson Lake area 15 if this PUD did not get approved? Does it still go on and 16 be changed? So that's all. 17 MS. BELL: Excuse me, ma'am. What part of 18 Benson Lake were you talking about? I thought you said 19 north end -- 20 MS. URICH: Oh, I meant the east end, where 21 it's -- let's see. Is that -- up toward the middle, toward 22 the park area, or that whole -- yeah, right there. 23 MS. BELL: Okay. I just wanted to be clear. 24 Thank you. • 25 MS. WATSON: Good evening. My name is Ann 50 1 Watson. I also live in Victoria Estates, 477. I just 2 wanted the Planning and Zoning Board to be aware that I have 3 worked on the committee that developed the plan for the 4 region between the cities of Fort Collins, and it was a 5 difficult committee to work on. Worked real hard on that 6 committee, and I've been real pleased to see that this plan 7 incorporated the recommendations of that group in 8 maintaining this large area of open space that separates the 9 two communities, Loveland and Fort Collins. And also 10 maintained the natural area around Benson Lake. 11 So I just encourage you to go ahead with that and 12 not allow any more development to encroach on that area if 13 possible, and to maintain that wildlife habitat and that 14 natural resource. We think it's a real jewel in our rapidly 15 urbanizing area. Thank you. 16 MS. BELL: Thank you. Everybody's doing such a 17 good job of coming forward. Thank you. 18 MS. STITZEL: My name is Lou Stitzel. I'm the 19 president of TRAC, The Resource Assistance Center. I also 20 sit as a citizen on the City Plan, CPAC, or the City Plan 21 Advisory Committee. So I'm very interested in this. 22 And I'd like to call your attention, starting 23 first with the City Plan, Structure Plan, that there is, 24 within the whole structure of the whole community, various 25 activity centers or neighborhood -- neighborhood activity . 51 1 centers on both the north and the south, and then also that 2 there are efforts to redo this on -- on more of an east and 3 west basis. 4 And one of the first things I'd like to respond 5 to, listening to some of the other people, is that we assume 6 too often, as we are looking toward the planning in the 7 future, that transportation is going to solve by continuing 8 to use cars for single people driving them to work and 9 things of this sort. 10 One of the things that I can bring as a blend 11 from my working with affordable housing and particularly • 12 with land trust neighborhood development, and also because I 13 sit on a city transportation, regional transportation, group 14 called Smart Trips, that one of the things that can happen 15 when you have neighborhood centers and community centers, 16 you can plan for use of something the community already has, 17 and that's their computer -- computerized commuter network, 18 which means van pooling and car pooling for people going to 19 work. 20 Also, this would mean that as you develop your 21 neighborhoods, and the plan that is included in 22 Provincetowne, that you would then be able to get your 23 neighborhood organization to work together on their grocery 24 shopping, to work together on medical appointments that are • 25 regular medical appointments, and ways that you can help to 52 1 achieve what the City is working toward in better air 2 quality by having more people work together on reducing the 3 number of trips. 4 Another thing is that even though we can't -- it 5 can't be included in this Overall Development Plan, because 6 it has to do with City departments, since they are very 7 close to the City transportation barns and garages, that 8 this can be something that can be established very quickly 9 in developing more mass transportation as particularly as 10 the neighborhood groups develop and work with -- continue to 11 work with the City in working out some of these 12 transportation problems that are total community problems 13 and not just limited to one area. As the neighborhood 14 organizations work within Provincetowne, this also can 15 include surrounding areas. 16 So another things I want to speak to is -- in 17 the Structure Plan and with these neighborhood community 18 activity centers or whatever the label is that they're going 19 to end up with, and I don't think that's been completely 20 decided, but it means that this becomes the nub, such as the 21 one area up at the top, with the commercial development, can 22 very well be a transportation hub or nub where people can 23 gather, while waiting to pick up people from the bus or 24 other -- other arrangements, and it can also be the way that 25 you can have little coffee shops and be a very natural -- u E • 53 1 not only a gathering place for taking care of some of the 2 mass transportation things, but for the neighborhoods, the 3 adjoining neighborhoods, to be able to make use of such 4 services so that you have the milieu of coffee shops and 5 other things. 6 I think the other thing I want to speak to, and 7 we deal with this in the C Plan, City Plan, as well, is 8 density is not buildings rammed right up close, one to 9 another. A four-plex or a six-plex or even an eight-plex is 10 surrounded by open lands, and the way that they are 11 situated, you see through them. It's not something that is 12 all massed together. It's well -planned. 13 And in quality housing, you don't plan tenement 14 styles, massing of things. You cluster them. But you don't 15 plan things so you don't have daylight in between. You 16 don't have transportation -- you don't have landscaping. 17 You don't have the kind of space that gives you the feeling 18 of spaciousness and the kind of quality living that you 19 want. 20 One other thing that I want to make sure of, 21 because many times, it's masked in under transportation and 22 density problems, that people have a fear of what kind of 23 people are going to live in affordable housing. Earlier 24 this evening, I had two very charming ladies who live in one . 25 of our community land trust neighborhoods. And I wanted 54 1 them to be here for you to see that they are people just 2 like anybody else, anybody in any of the estates planned. 3 The problem is, they cannot afford to buy all of the land, 4 and I'm not sure that we need to look at the same thing as 5 uniformity or mixing uniformity with compatibility. 6 In fact, City Plan is that we are to learn as a 7 whole community that we are to be compatible, one with 8 another, with different housing types; and just because this 9 is a project that clusters them and really is a better land 10 use than putting a land out here and land is a nonrenewable 11 resource, and to have bigger and bigger estates, that is a 12 different kind of sprawl that we haven't always looked at. 13 And not maybe as wise a use as we have more and more people 14 to deal with. 15 Who are some of the people besides the people I 16 had here? 17 MS. BELL: Excuse me. Are you -- how much 18 longer do you think -- 19 MS. STITZEL: About two minutes. 20 MS. BELL: Okay. 21 MS. STITZEL: The majority of persons and 22 families needing affordable housing are employed as retail 23 clerks, supermarket, store checkers, waitpersons, truckers, 24 secretaries, construction workers, maintenance and cleaning 25 persons, assemblers, bookkeepers, bank tellers, stock 0 • 55 1 clerks, nurses aides, educational instructors, and that 2 means both at college and in high schools and grade schools, 3 teachers, technicians, mechanics, office assistants, cooks, 4 and other service persons, as well as special populations 5 that need handicapped accessible units, because of 6 disability, age, and other kinds of conditions. 7 Some of the major employers of these people are 8 universities, banks, colleges, schools, businesses, 9 industry, hospitals, discount warehouses, contractors, 10 developers, nonprofit organizations, and governments, local, 11 county, and state. • 12 Gail Rodriguez, who had to go home, because she 13 couldn't afford to pay the baby-sitter any longer, because 14 it took longer, and we thought we were going to be here 15 right at 6:30, is a clerk -- or community representative for 16 the City of Fort Collins Utility Department. Anita Colardi, 17 who had to go home, she's severely diabetic, but she works 18 full-time as the receptionist for the County Planning 19 Department. 20 These are the kind of people that will be living 21 in these homes, and the only way they can also enjoy their 22 home ownership and be in a mixed neighborhood is to have 23 this kind of overall development project which will be a 24 quality development. . 25 We need to be sure that we do not confuse 56 1 elitism with what is our true democratic process in 2 planning. We need to consider how do we develop a truly 3 balanced, wholesome choice community. Thank you. 4 MS. BELL: Thank you. 5 MR. DONNELLY: Good evening, and thank you for 6 the opportunity to speak tonight. My name's Dennis 7 Donnelly. I live in Victoria Estates. I don't have access 8 to the lake, but I live roughly on the east side here, and I 9 just want to say from what I've heard about this 10 development, it sounds like a very unique and neat thing to 11 have in the neighborhood, so if you wind up in the 12 neighborhood, that's good. 13 As part of this unique neighborhood that we're 14 planning, I just wanted to emphasize that the lake in its 15 current form is a very unique place in south Fort Collins. 16 It's a fairly large body of water in an area that doesn't 17 have very much in the way of large bodies of water. In that 18 sense, anything you can do to keep it at its current size 19 would keep it in its unique character and contribute to the 20 unique character the neighborhood that you're planning. 21 So I'm here to urge you to find ways to keep the 22 dam the way it is or to repair it, to keep that body of 23 water the size that it is, so it balances the land you have 24 in the south part of the development here. You've got a 25 great corridor for wildlife, and I can tell you that there's 0 57 1 plenty of wildlife out there, and for the new people who 2 might be moving in, they'll have plenty to see. 3 So that's my spiel for tonight, and the bottom 4 line is, try to keep that body of water the way it is. 5 Anything you could do there would be appreciated. Thank 6 you. 7 MS. BELL: Are there other people who would like 8 to speak to us tonight? Please come forward. 9 MR. SPARKS: Hi. My name is Doug Sparks. I 10 live at 900 Deerhurst Circle. I'm right at the corner of 11 Brittany and Deerhurst, which is one of your collector 12 streets. 13 What I'm concerned about is a number of things. 14 First of all, I wasn't notified of this meeting. Had not 15 heard of any kind of a meeting taking place, except for one 16 of my neighbors that approached me. I don't think most of 17 the people in the area have heard that we've had meetings 18 planned, and it would be -- I take it as appropriate to send 19 out fliers so that people can attend these meetings. 20 I object to the density. From what I read in 21 some of the literature, this is an experimental plan. What 22 I'm concerned about is doubling or tripling the amount of 23 traffic that's going to flow past my street, and at that 24 point, I guess, from the discussion we had earlier, we'll be 25 back here talking about sound abatement and how we're going I.Y: 1 to control 2,000 cars going by my house. 2 I think, personally, that the high density that 3 you're planning on is going to devalue the property that we 4 have. I think that there will be a lot of unusual activity 5 in that area, because of the high density. Currently, we're 6 restricted by covenants on everything that we do in our 7 subdivision, and I would hope that anything planned would 8 also have covenants that everybody would have to live and 9 abide by. 10 I've just relocated from St. Louis, Missouri, 11 and basically, because of the amount of density that you're 12 talking about, I think that the gentleman was up here, 13 termed it very well. It's a project. We have projects in 14 St. Louis, and I think that's the direction you're going to. 15 MR. COVER: My name is Don Cover. I live at 900 16 Benson lane. The reason that my wife and I came down 17 tonight was to not necessarily question the project itself 18 but maybe question the placement of the experiment, as it 19 has been called. 20 Going to the issue of density, it is not 21 consistent with the entire general area of that part of the 22 City of Fort Collins. And from what I understand, zoning is 23 designed to provide consistency and blending. I don't see 24 this as being the case, with this in this placement in the 25 city. 59 1 Traffic has been brought up many, many times 2 before I stood up here. Lemay at Southridge golf course is 3 apparently being considered or has already been planned. 4 Trilby and College is one, I think, that needs to be looked 5 at very strongly. That is not the best intersection to 6 begin with, plus the width. 7 With high density, from what I understand, and 8 busing has come up quite a bit, there is, from what I 9 understand, potential plans. They are not plans at this 10 point, and I could be wrong on that, to provide for that. 11 There's also no amenities. You know, they keep talking 12 13 again about walking and biking in this area. There's no amenities such as grocery stores to walk to or bike to, at 14 least not within a reasonable distance. 15 They have talked about a fire station, but I 16 hope we never have to use that. 17 I want to bring up one point that was made in 18 the last debate for the last project that was brought up by 19 a Council member that he felt that traffic and noise was a 20 problem in the city of Fort Collins. I don't think that by 21 moving many, many people further away from where they need 22 to go so they have to drive further is even solving that 23 problem or going in the right steps to correct it. 24 Final point is the planner of this, the 25 presenter for this project, had mentioned this has been done M 1 in Denver. We moved from Denver. I don't know if that is 2 the goal of Fort Collins, to become like Denver, but I sure 3 hope not. 4 MR. PACKUM: My name is Trent Packum. I live at 5 931 Benson Lane, at the very end of where the previous 6 gentleman was talking. 7 I ditto the remarks of those who are totally 8 against this. It is not the atmosphere I want to raise my 9 four children. And I speak from experience, from inner-city 10 Detroit. This is not an experiment for most big cities. I 11 don't think Fort Collins has the experience, really, to get 12 into these types of experiments. 13 And from a large family within a project, I can 14 tell you what bored teenagers do, and with nothing to do, 15 nowhere to go, I -- I mean, like he said, there's nowhere to 16 even ride to. What are they going to do? Ride around in 17 circles. 18 It really doesn't make any sense to me, and I 19 chose that part of Fort Collins to move to, specifically for 20 my past, and that's pretty much what I wanted to say, is, 21 you know, none of these other people could happen to show 22 up. Well, I drug myself out of an inner-city type of an 23 atmosphere, and I don't want to see that move right next -- 24 pretty much, to the top of my street, and I feel very 25 strongly about this. Thank you. 61 1 MR. DUNN: Madam Chair, my name's Larry Dunn. 2 I'm project director for The Resource Assistance Center, and 3 I'd like to clear up just a couple of things. 4 First, we really look forward to this opportunity 5 to work with Pridemark, and I think this is a real 6 opportunity to see a mixture of the nonprofit and for -profit 7 working together. 8 We build affordable houses, and the land is our 9 biggest -- biggest concern. It's always hard to find land. 10 So this could be a real help to us in providing more li affordable housing for working poor. 12 And this, we're talking about, you know, people 13 who are making, as Lou listed, you know, it's the people 14 that all of us work with. This is not projects. A part of 15 what we do is neighborhood education. So we talk about, you 16 know, obtaining housing, but we also talk about the 17 maintaining, the retaining, and the sustaining, which is the 18 neighborhood development and the community development 19 piece, and we have a substantial Kellogg grant to supplement 20 what we do in providing this education. 21 So, you know, I'd like to just clarify that 22 point, that it's not just putting people into houses and 23 then, you know, hoping that they do well. It's working with 24 them in that neighborhood situation. Thank you. 25 MR. ECKLA: Good evening. My name is David 62 1 Eckla, and I reside at 924 Deerhurst Circle in Eagletree 2 subdivision. 3 First of all, I'd just like to start off by 4 saying why myself and my family have chose to live in the 5 Eagletree subdivision, because I feel the most important 6 things is what it represents. It has a unique identity. 7 Very -- as we really look through the Fort Collins 8 community, of an area such as this, with low density, a lot 9 of room between homes, larger lots, really something to take 10 forward with my children, and allow them that opportunity to 11 live in an area like that. Also, it's very environmentally 12 intact, and it's, again, just a great area to raise 13 children. 14 The reason I oppose Provincetowne PUD and the 15 development is for a couple of key reasons. One, I think 16 it's been stated a variety of times about the density of 17 this area. As we look at 5.5 to 7 homes per acre or 12 per 18 acre, I think it's inevitable the impacts of traffic, the 19 impact of what that could do to a development like Eagletree 20 as far as property values. And so forth. 21 And I guess what I'm asking more is just a 22 better transition from dwellings, of going, you know, if we 23 have one dwelling per acre, up to three or four, just a 24 better transition in that community for the transition of 25 dwellings. • 63 1 I just had left a community where it was a very 2 desirable place to live, and again, same growth pattern as I 3 believe Fort Collins is. Again, a development occurred near 4 the development which my family and I chose to live of 5 high -density housing, and that community really turned to be 6 less desirable. Property values went south. And was very, 7 again, impactful, economically, for our family. 8 And I guess -- I guess what I'm asking is the 9 Board to consider the following. Again, a less dramatic 10 transition of dwellings per acre. More compatibility to 11 this unique area that I think the developers of Eagletree . 12 have built. And I would appreciate the consideration of a 13 more practical transition rather than innovative. Thank 14 you. 15 MS. BELL: Are there others who would like to 16 speak to us? 17 MR. SCHENDEL: My name is Wayne Schendel. I 18 live at 925 Deerhurst Circle. And have you ever considered, 19 where are these people going to go to work who live there? 20 Do you live in an area like that? You on the Planning 21 Commission? 22 We moved here from Denver on our own choice, get 23 away from the smell. The stench. The people driving down 24 the street, racing and so forth. • 25 I worked on the police department in Houston. I rV 1 worked on the police department in Lakewood. I'm not on the 2 police department here. But whenever you have high density, 3 crime starts in. And I don't appreciate it, because we live 4 right off of Brittany, and the traffic patterns, I can see 5 all of that increasing. 6 But I'd like to give a solution, maybe that 7 orange area up there, if you'd split it up and move one-half 8 down to the south, you'd be concentrating the high density, 9 maybe, and people can flow out a little better. And talking 10 bout when you come out of Brittany Drive and you kind of 11 look left to Trilby, before you know, you've got a car right 12 there that come over this hill, and you can't even see 13 them. So I think the planning people in the City of Fort 14 Collins ought to start planning a little better in some of 15 these areas. 16 And I think, I don't know why we can't have 17 developers from Fort Collins doing this. I think, don't we 18 have the resources right here in the City of Fort Collins? 19 I think you should look at that, too, because Denver, we 20 have enough crime there, and that's the reason I moved. 21 And I can say this over and over again. I don't 22 want the crime. I don't want the stench. And I don't want 23 the noise. And I really don't appreciate it, having this, 24 because we weren't even made aware of it, that this thing 25 was being developed. People I asked, more than once, said, 65 1 we don't know, and another thing is, we really weren't 2 noticed of this meeting until the round and about. 3 So I think you should -- and another thing I'd 4 like to mention, when you have meetings like this, Madame 5 Chair, that if you feel that it's a long meeting, I don't 6 appreciate sitting here for two and a half hours until my 7 turn is up. So please plan a little better next time. 8 Thank you. 9 MS. BELL: Is there anyone else who would like 10 to come forward to speak to us tonight? it MS. SCHENDEL: Good evening. My name is Joanne 12 Schendel. That was my husband that just spoke. I'm also a • 13 resident of Fort Collins and of Eagletree. I'm not a 14 political person. I voted all my life, but this is the 15 first time I've ever been to any kind of a political 16 meeting, and so I'm very much an amateur. 17 I wanted to give you a little bit of background 18 of our situation so you can understand why we're opposed to 19 this. In 1952, my husband immigrated from Germany for the 20 prospects of a better quality of life in the United States. 21 His first job paid $1 an hour. We've been married 42 years 22 as of last Saturday. In fact, we cut short an anniversary 23 celebration to attend this meeting tonight because we 24 thought it was very important. 25 35 years ago, we moved from Houston, Texas, to M. 1 Colorado for a better way of life, the open spaces and the 2 beautiful mountains. 34 years ago, we purchased a house 3 between Lakewood and Golden. It was definitely what would 4 be considered modest, affordable housing. We worked hard 5 and raised our three children in that little house, and 6 finally, four years ago, the house was paid for. It was 7 ours. 8 I tell you this to let you know that we are not 9 wealthy, snobbish residents. But there were things that 10 were happening that were very upsetting. Traffic was 11 increasing to an unbearably high rate. As a result, 12 pollution was terrible, and my husband has asthma, which is 13 aggravated by smog. The noise was increasing daily. We 14 were feeling increasingly closed in. The Denver West 15 complex was starting to build approximately 1,000 housing 16 units next to our subdivision, just as you proposed here. 17 In short, the quality of life was fast 18 diminishing. Even though our house was paid for, and we are 19 in our 60s, not exactly the age to pull up and move, we 20 decided that we wanted a better quality of life. We 21 searched and found what seemed to be the perfect setting. 22 The beautiful, smaller town of Fort Collins. No smog, far 23 less traffic, low crime, and a slower pace. 24 Then we found the subdivision of Eagletree with 25 open spaces, clean air, and no noise. We pulled up our • 67 1 roots and went into debt to purchase the home of our dreams 2 for what we were searching for, quality of life, or so we 3 thought. 4 Now we find that is all about to be changed by 5 the City of Fort Collins. I can't even begin to tell you 6 the sinking feeling we have of knowing that approximately 7 1,000 housing units are to be erected right next to us. 8 This means over 2,000 added cars, over 10,000 car trips in 9 and out daily. Brittany and Province and Trilby have become 10 congested with smog and with noise. 11 Tonight, you alluded to the growing impact of • 12 those and its impact on the community when you talked about 13 the discussion with Harbor Walk Estates. This certainly 14 applies to this proposal due to heavy traffic to be 15 generated. Traffic studies have been done by traffic 16 engineers. However, obviously, they do not reside at 17 Eagletree or they have -- they would have ruled differently. 18 We are simple folks, and we have worked hard all 19 our lives to achieve what we have. Nothing has been given 20 to us. We chose not to retire at an age that most people do 21 to retire, simply to improve our quality of life. 22 All those people who now live in the southwest 23 part of town have chosen this area because of the type of 24 lifestyle, open spaces, lower density, low traffic, and low • 25 northeast noise. Is this proposed development consistent 68 1 with the character of that neighborhood? I think not. 2 We are not objecting to development, but we are 3 objecting to the density proposed and the traffic congestion 4 and noise that will be results -- the result of the 5 density. We were told at the May neighborhood meeting, that 6 as residents of this area, our ideas and concerns would be 7 listened to by City Council. All residents who attended 8 that meeting voiced the concerns that I have listed. Many 9 letters were written to Mike and to the City Council, 10 pleading that this plan be redesigned to address these 11 concerns. 12 Residents are here tonight to once again voice 13 these concerns. Eagletree density was approved by you 14 before this new development. Perhaps you have listened, but 15 have you heard? The government of our country is based on 16 the premise that it is to serve the citizens and not vice 17 versa. is We plead with you tonight not to go ahead with 19 this plan as currently outlined. Please give us lower 20 density, greater greenbelts between planned and existing 21 areas, different and better street access, and let us 22 continue with the quality of life that we moved to Eagletree 23 and to Fort Collins to attain. Thank you. 24 MS. BELL: Thank you. 25 MR. PADEN: Good evening. My name is Ken 0 69 1 Paden. I live in Victoria Estates. 2 There has been several questions throughout 3 these last 10, 12 months that I have been down to this 4 Planning and Zoning Board meeting that nobody has ever 5 really been able to tell me. 6 Number one is, does the City of Fort Collins 7 have a substation in the area to supply all these homes that 8 you have okayed the -- the ODPs on Shenandoah, Ringwood, 9 Registry Homes, Eagletree, Greenridge -- Greenstone, and now 10 Provincetowne? What about the water issue? 11 Is there enough water from Larimer -- Fort 12 Collins Loveland Water District to supply all of these 13 homes? How many police officers are you going to have to 14 hire to patrol all of this area when you have 110 homes in 15 Ridgewood Hills, 200 homes in Shenandoah, and now you're 16 talking 1100 homes in Provincetowne? How many more City 17 workers are going to have to be hired to do all this? 18 You keep adding more and more homes to the City 19 of Fort Collins, but since all these homes that are being 20 added to are in the Loveland school district, do you realize 21 the burden that you're putting on RJ-2 School District? 22 Sure, they have enough room, they stated, for Shenandoah and 23 Ridgewood Hills, but how about another 1100 homes for 24 Provincetowne? . 25 One other comment is that I am in favor of Frio] 1 having them rebuild the dam because this is a site that you 2 can see off of 287. It is a natural area with the wildlife, 3 the scenic view, and everything else. You reduce the size 4 of the lake that has been stated that the City of Fort 5 Collins does have water rights that they could put in that 6 water -- put into that lake. 7 And there are also underground streams that fill 8 that lake. That lake has been at this level ever since the 9 Duwicks have left the project, and it has not decreased 10 any. Water runs through it. What runs in, runs out. But 11 the water level has stayed the same. So I don't see where 12 there is a problem with not rebuilding the dam and having 13 it -- a natural area for everybody to see. Thank you. 14 MR. OSBORNE: My name is Jerry Osborne, and I 15 also live in Eagletree, and I won't spend a lot of time 16 going over the same issues that my neighbors already 17 covered. 18 But I'd just like to say that I've lived in this 19 area all my life, except for the last two years, and I just 20 moved back to this area. And our current house is the third 21 house that we've had in Fort Collins. And we moved into 22 this subdivision for some of the same reasons they already 23 stated, because of the open field and the sort of rural 24 setting, even though it's within the city limits. 25 And with this density that's proposed, the • 71 1 traffic volume is going to be unbearable. And I think 2 that's probably hard for people to understand, unless 3 they've really been in the area, because it's sort of -- I 4 mean, everybody talks about Trilby and Lemay, but the impact 5 is going to be on Brittany Drive and on the Deerhurst Circle 6 and the arteries -- the smaller streets that are within the 7 subdivision. And the traffic on Lemay and Trilby is not an 8 issue for us so much as the traffic within the subdivision, 9 at least not for myself. 10 So I would also urge you to consider reducing 11 the density or at least not approving the high density 12 that's proposed. Thank you. 13 MR. GLOVER: My name's Kip Glover. I also live 14 in Eagletree, and I'll try to keep this real short. 15 But I'm not against the low income housing. I 16 think that's great. It's just that this project is so big. 17 I've always tried to live my life with one word, 18 moderation. This project, it just -- it seems like there's 19 a lot of issues here tonight, separate ones from everybody, 20 the lake, the traffic, the density. It seems like such a 21 big project, maybe we should consider some moderation in 22 there. Some small -income housing would be great. 23 MS. BELL: Is there anybody else who would like 24 to speak to us this evening. M25 Okay. I guess we're ready to bring this issue 72 1 back before the Board. And since that took several hours, I 2 think -- 3 MR. SAY: My name's Mac Say -- 4 MS. BELL: I'm sorry. 5 MR. SAY: My name's Mac Say, and I live in 6 Colorado. The only reason I made a remark, I come back 30 7 hours ago. Four years ago, when I pulled off Trilby to get 8 on College, it was one minute. I have to wait that long 9 because I have a bigger vehicle. You have problems then, I 10 think you'll have bigger problems now, with traffic. 11 MS. BELL: Thank you. I'm sorry I didn't see 12 you. Is there anybody else? 13 MS. FERENIO: My name is Bee Ferenio. I live at 14 517 East Trilby. That's the mobile home park. So I'm one 15 of those people who doesn't have a house. I have a house, 16 but no land. 17 I live on the south side of that mobile home 18 park, and I look out over the wetlands that gentleman from 19 Brittany Knolls mentioned, and I have a concern about that 20 area being preserved or at least not disturbed, and it looks 21 to me from the map as if that's an out lot, but I'm not 22 sure. 23 That's one of my concerns. I appreciate other 24 people's concerns about the traffic and the density in what 25 essentially is a rural area. But my experience in Fort 11 • i 73 1 Collins has been such that I could not possibly oppose any 2 proposal that would bring moderately priced housing to this 3 area. Thank you. 4 MS. BELL: If there's anybody else, please come 5 forward. 6 Okay. I'm going to try again to close this 7 portion of the meeting. And I would like to take a 8 five-minute break so that we can go to the rest room, and so 9 we'll be back in five minutes to discuss this. 10 (Recess.) 11 MS. BELL: This meeting is called back to order. • 12 I've been advised that I need to give the 13 applicant an opportunity, if they choose to give a very 14 briefly rebuttal. Does the applicant have anything that .15 they would like to say that you could keep brief, please? 16 MR. HARMON: I'll do my best. Certainly, 17 there's a lot of testimony. I think I can keep it fairly 18 brief. 19 I think the main things to address, I'm just 20 start with TRAC, briefly. Granted, this project will add a 21 significant amount of traffic to the area. But I just want 22 everybody to understand that the approved development on 23 this piece of property included 1.4 million square feet of 24 commercial office and industrial space. 150,000 square feet i25 shopping center. The traffic generation by the approved 74 1 plan would be triple or quadruple what this development is 2 going to generate. 3 We'll also be paying close to a million dollars 4 in fees under the current fee structure which I understand 5 is about to go up to the City for off -site improvements, 6 Lemay, Trilby, Highway 32, the intersection at College, all 7 those types of things. All that Money is going to be paid 8 to the City beyond our control as to when and how they spend 9 the money. But this development will provide those funds. 10 I want to address briefly Mr. Zier's remarks. 11 You know, frankly, as a developer, I always make sure when I 12 go buy a piece of ground that I know what's going to go on 13 next door. And if I don't like what's going to go on next 14 door, then I choose to develop somewhere else. 15 When Mr. Zier's client purchased the Eagletree 16 property, which, by the way, is approved as Provincetowne 17 filing number 1, they knew full well that the property to 18 the south was zoned for a shopping center and an industrial 19 park. The property to the east was -- or west would be 20 zoned for five dwelling units to the acre. 21 The intensity, as he called it, this massive 22 zoning and development that we're proposing, is roughly the 23 same from a residential standpoint as the approved plan. 24 That the maximum, we're talking 120 units more than the 25 original plan called for, and when you take into account the . 75 1 extreme lessening of intensity from industrial development 2 to open space, the impact on these folks who bought at 3 Brittany Knolls is lessened dramatically. 4 I appreciate their concerns about our 5 development, but frankly, they should have had their 6 concerns when they first purchased the property. The 7 property directly to the south was zoned for industrial 8 ground. The multifamily component of their property is 9 within a hundred feet of the existing homes -- 110 feet, I 10 think, is the distance that they called for. We didn't li scale it. It's written on their ODP. There's an exact . 12 figure on their plan. 13 So when they stand up and they cast these 14 general aspersions on our development, they're sort of 15 leaving out what the basic facts are; and the facts are, 16 there's an approved project with a much greater density than 17 what we're providing. 18 And this project does provide amenities for the 19 neighborhood that don't exist today. They're right. 20 Brittany Knolls and Eagletree basically have zero amenities 21 in them. What we've done is cluster the development so 22 there's now 160 acres of amenity for everyone in Fort 23 Collins to enjoy. Granted, they have larger lots. But all 24 they have is private open space. 25 As the one gentleman said, there's nothing for 76 1 the kids to do. You know, that's what we're trying to 2 correct. That's the future of planning. That's how you 3 build good communities, is to create some density, provide 4 some amenities, allow people to circulate on their bicycles, 5 by foot, on trails, provide parks. That's the kind of thing 6 we need to be doing, not putting people in quarter -acre lots 7 surrounded by private property with absolutely no amenities 8 for the public. 9 This is an issue you face everywhere. And we 10 really made a great effort and worked with the City to try it to address it. And I think we've done -- the Downy folks 12 have done as good a job as I've ever seen in any kind of 13 development. 14 And I also object to the characterization of this 15 project, this development, as a, quote -unquote, project. I 16 group up on the East Coast. I know exactly what he's 17 talking about. In fact, right now, they're bulldozing the 18 projects and creating developments like this. They just 19 announced in Chicago a two or three billion dollar plan to 20 bulldoze a major project in Chicago -- the name slips my 21 mind -- and put in what they call a neotraditional type of 22 neighborhood. They're going to bulldoze 4,000 units. 23 MS. BELL: Can you summarize, please? 24 MR. HARMON: The bottom line is, I think that we 25 have addressed the issues that these folks are concerned . 77 1 about. If they really look at the plan closely, they'll see 2 that we're providing a lot of things they don't already 3 have, and this is a project that's good for the community 4 and good for the area. Thank you. 5 MS. BELL: Okay. We're now open for questions 6 and discussions here with the Board, so who would like to 7 start? Karen? 8 MS. WEITKUNAT: Mike, I would like a 9 clarification of the Benson Lake Reservoir situation and how 10 that affects this project at this time, just for the record, 11 and the -- the -- . 12 MR. LUDWIG: In a minute, Tom Shoemaker is 13 available, if I can't answer this. But typically, the 14 situation is that the dam either needs to be replaced 15 completely or broached and reconfigured in some other form. 16 The only way that Benson Lake impacts this 17 development is if the dam remains. If the dam remains, i8 parcels B and C become -- they're located in what we call 19 the spillway for the dam. They would not be able to be 20 developed. 21 And what we've indicated as a condition of our 22 recommendation this evening, is that if the dam remains, the 23 ODP would need to be amended that parcels B and C and any 24 other parcels which, you know, we may not be aware of at 25 this point, could not be developed, would have to be amended WU 1 to show that they couldn't 2 MS. WEITKUNAT: But at this point in time, we 3 can do nothing about that. 4 MR. LUDWIG: That is correct. 5 MR. GAVALDON: I probably think Tom should come 6 up. I have a few questions relative to Karen's points that 7 needs more clarification. 8 Hi, Tom. 9 MR. SHOEMAKER: Yes, sir. 10 MR. GAVALDON: A couple of concerns were brought 11 up by the neighbors I'd like you to help me understand, and 12 going back to the some of the points you had raised. 13 One, first option, to rebuild the dam was 14 probably not one of your plans; is that correct? 15 MR. SHOEMAKER: What I indicated to you is that 16 that isn't what we're recommending at this time. And the 17 reason for that is two -fold. One is the impact that was 18 just discussed about the spillway and the large area of the 19 spillway below that jurisdictional reservoir. And then the 20 second is the cost. 21 Of the options that we looked at so far -- and 22 these are feasibility -level assessments -- breaching the dam 23 and allowing, taking the grade back to its original 24 prereservoir grade, which would still leave a lake of 25 between 20 and 30 acres there, is about $139,000 cost to the 79 1 City of Fort Collins, compared to the full reservoir, is at 2 least $440,000 cost to the City of Fort Collins. So there 3 are financial costs here. 4 I think the key thing that I would want to 5 emphasize on this is we're very much aware of the view 6 corridor coming down off of College and looking across 7 that. We're very much aware of the wetlands and habitat 8 value of the existing situation. And our desire, the sole 9 reason that the natural resources program and the natural 10 areas program is interested in this property would be to 11 enhance that value. • 12 And the alternative that, in my mind, makes the 13 most sense on that, we would still be looking at investing 14 almost $280,000 in that lake and wetlands complex. 15 MR. GAVALDON: Can you help me on some of the 16 points raised by the citizens about the water rights and the 17 amount of shares the City has and relative to the farm on 18 the east that has access rights from Benson to its 19 property? And the options that you'll be exploring? Is 20 that going to be a compromise? What concerns will be raised 21 by all this? 22 MR. HARMON: Okay. With respect to the water 23 rights owned by Mrs. Grace, who lives downstream of this, we 24 do need to make sure that we provide pass -through capability • 25 for those water rights. That would be part of the design of 80 1 whatever happens here. So the water rights that she 2 controls would be passed through when she requires that 3 irrigation water. 4 With respect to the water rights situation for 5 Benson Reservoir itself, it may sound a little confusing. 6 It is a little confusing. I guess what I meant to say is 7 that the City did not get back any water rights, storage 8 rights, for the reservoir when we got the land back. So 9 coming back, when the land came back, or came to the City 10 ownership, it came without any storage rights or any water 11 rights for that reservoir. 12 It is true that the City of Fort Collins does 13 own shares of North Louden water, and it is possible that we 14 could transfer those and use that in storage in any of the 15 alternatives. But the water rights that the City does own 16 in North Louden were not acquired as part of this project 17 and were not acquired for the purpose of filling Benson 18 Reservoir. 19 MR. GAVALDON: So essentially, you can still go 20 back to the rebuilding of the dam by breaching and bringing 21 it up to the levels, or use a modified form with the 22 available options you have available to you, right? 23 MR. HARMON: That's correct. 24 MR. GAVALDON: Okay. And you did indicate that 25 whatever you all do with the reservoir, you include the 81 1 residents of the area's inputs and their involvement. 2 MR. HARMON: Yes. 3 MR. GAVALDON: Thank you. 4 MS. BELL: I'd like to follow up on a couple of 5 his questions. 6 Could you show us -- you said it would just 7 reduce the size of the lake. Could you kind of circle an 8 area that you think would be the size with your proposal? 9 MR. SHOEMAKER: Well, the reservoir depicted on 10 this diagram is about 40 acres in size, and the engineering 11 estimate is that the reduced lake would be approximately 12 half of that. So it would be -- I'm just guessing, but 13 somewhere in that vicinity. 14 MS. BELL: Okay. 15 MR. SHOEMAKER: Again, this is a very conceptual 16 design, and what we're talking about, potentially, is fairly 17 major work in that area. 18 MS. BELL: And related to the water rights over 19 there on Lemay to the farm, is there like a ditch system 20 already in place there? Is that how the water gets to that 21 farm? 22 MR. SHOEMAKER: Yes. 23 MS. BELL: So you're looking at, what, 24 undergrounding that or keeping the ditch system configured • 25 in development, how? Where is that farm? 82 1 MR. HARMON: It's over in this area. 2 MS. BELL: So it comes down across the open 3 space. 4 MR. SHOEMAKER: So we would likely just maintain 5 the ditch configuration or incorporate it in the development 6 design. 7 MS. BELL: Okay. Just to ask a couple more 8 questions from the citizens. This wetland that's behind the 9 trailer park; it looks like it's called Cattail Marsh; is 10 that right? Does that seem to be what everybody was 11 referring to? 12 MR. SHOEMAKER: It is. I would ask Rob Wilkinson 13 to come up on this. He's done the review of the development 14 proposal. 15 MS. BELL: There was that area of concern, and I 16 think the Board wants to know what the status of that is and 17 if that's being protected or encroached upon in any way by 18 this development. 19 And then there was the one woman's question about 20 the wetlands. There's some area of concern that she thought 21 was there by that park area or somewhere in that concern. 22 So maybe someone could help us with some of these issues. 23 MR. WILKINSON: Okay. We are aware of the 24 wetlands adjacent to and on the site. And there are some 25 areas that are downstream or to the east, northeast, of the • 83 1 dam, that appear to have some wetland characteristics, and 2 we had requested a delineation by the developer of wetlands 3 on the site. And also asked them to modify the plan to show 4 the potential for transition or buffer to the wetland areas 5 to the north and west, which are the ones just south of the 6 trailer court, which were described. 7 Now, in the staff report, it says that the 8 ultimate disposition of the wetlands on the site will be 9 determined at the time of preliminary review. We didn't put 10 a condition on the development, because it's my it understanding that an ODP doesn't set conditions for buffer . 12 or whatever to wetland, and that those will be discussed in 13 detail when we do have a design before us, inform us about 14 the types of approaches we take on other things. 15 If the attorney feels like we need a stronger 16 statement based upon some issues that have come up recently, 17 we could craft a condition that we are not committing to any 18 disposition of those wetlands at this point in time. 19 Because it's my understanding that we'll have that 20 opportunity at preliminary. 21 MS. BELL: Okay. There was also -- 22 MR. LUDWIG: Wait, I'm sorry. 23 MS. BELL: Oh, excuse me. 24 MR. LUDWIG: Once again, on page -- that was on •. 25 page 15 of the staff memo, where it discussed about the 84 1 disposition of the wetlands and natural resources. 2 MS. BELL: Okay. 3 MR. LUDWIG: It's the last paragraph before the 4 findings of facts. 5 MS. BELL: There was also a question about 6 some kind of a three-year period and don't rush into the 7 dam. Does somebody know that answer or that question? 8 MR. SCHLUTER: I'm Glenn Schluter with the 9 Stormwater Utility. You guys know me, but that letter was 10 sent to us in 193, I believe. And '97 is when we have to do 11 something with the dam. 12 Right now, the only way water gets out of there 13 is there's two people that have the key, the river 14 commissioner and the ditch rider. And they have been 15 limited to holding the water six feet from the top of the 16 spillway. That's why it stays at a constant level. So they 17 are -- when will they run water to Mrs. Grace? They go over 18 there and they adjust it constantly. So -- but we do have 19 to have it fixed by 197 or breach it or something. 20 MS. BELL: So we're real close to that. 21 MR. SCHLUTER: That's true. 22 MS. BELL: Also, the related question was, if 23 this didn't pass or something, what happens to Benson Lake? 24 I guess the Benson Lake issue still remains, whether this 25 goes forward or not and all the time frames and things that 85 1 have to be done. 2 MR. SCHLUTER: Yeah, we still have to do 3 something with that reservoir, because of the -- there's 4 already properties downstream that could be in danger. 5 MS. BELL: Okay. I'm going to let other Board 6 members ask questions, because I know they'll get to some of 7 the other concerns that citizens have. Like traffic. 8 MR. BYRNE: Unless I missed something, I think 9 traffic is a little bit of an issue. And we're with you on 10 that one, I think. I think it was -- was it Ann Maxan, 11 you've been there a long time and you made a very plain and 12 simple statement that is one that I know I personally think 13 about a lot, which is the impact of development on schools 14 and our roadways. 15 I sort of look at some of these development 16 proposals as the food pyramid, and there are things that are 17 fundamental, like grains and vegetables and a lot of times, 18 we focus on the sweets and we spend a lot of -- we spend a 19 lot of our time and energy on the very top of the food 20 pyramid when I really think we need to focus on the bottom. 21 So let's just talk about traffic a little bit. I 22 certainly appreciate that the proposed development is a 23 neotraditional or new urbanist design. And the books that 24 I've read -- and I've probably read six or seven books in 25 the last year on new urbanism. Usually, in about the first m 1 chapter, they talk about connections. They talk about the 2 fact that, you know -- one of the real problems I see with 3 this development is the lack of connections. We've got one 4 major entrance, I guess, off of Lemay and another one off of 5 Trilby. And there was some discussion about potential other 6 routes in and out of the project. 7 So can anybody talk about that aspect of it, you 8 know, how potential is it? Is it just somebody's dream? 9 Are we talking about something that is reality here? Or -- 10 you know, because I think, obviously, that is one of the 11 opponents that, personally, I would say is one that concerns 12 me pretty seriously, is that we're going to channel a whole 13 bunch of cars through one basic -- you know, through a 14 couple different choke points, and I don't think we want 15 that. 16 MR. JONES: My name's Fred Jones. I'm with 17 Transportation. That's a very good point, Mike, that you 18 bring up. The original ODP that was approved had another 19 southern connection down to County Road 32. This one 20 doesn't have that. We essentially have two collector 21 streets that take the residential traffic back out to the 22 arterial street network under the current proposed Overall 23 Development Plan. 24 If you look at the entire square mile of 25 development that we have proposed here, boarded on the east • 87 1 by Lemay, on the north by Trilby Road, on the west by U.S. 2 287, and on the south by County Road 32, there are only two 3 major collector roads proposed in this ODP. 4 There is a potential for another connector 5 through this parcel and potentially could come out to U.S. 6 287. That has not been proposed at this time. We would 7 probably entertain an opportunity to have that connection 8 either go out to U.S. 287 or up to Trilby Road in another 9 fashion. We're kind of market -driven in that area, too. 10 Unless someone develops some of the outlying parcels, we 11 don't have an opportunity to see how those connections would • 12 be made. 13 Under the current traffic operation plan or 14 traffic operation analysis, we show that Province and Lemay, 15 with 2015 traffic volumes, would operate at level service 16 A. And likewise, Brittany and Trilby would operate at level 17 of service A. 18 We currently have a traffic signal at the 19 intersection of Trilby Road and U.S. 287. We have a 20 proposed traffic signal that has been approved and will be 21 installed in the near future at County Road 32 and U.S. 287. 22 We've recently installed a multi -way stop at 23 Lemay and County Road 32 due to some accidents that we've 24 had at that intersection. And it operates very efficiently 25 at this time. The projected traffic volumes and level of 1 service operation with the two-way stop indicated a level of 2 service E in the year 2015. With a multi -way stop, it would 3 more likely become a signalized intersection in the future. 4 We've also talked about the potential for a 5 signalized intersection at Lemay and Trilby Road. That 6 would also happen, and it will happen probably before the 7 year 2000. 8 There have been some concerns about the two-lane 9 cross-section of roadway north of Trilby Road on Lemay, and 10 that currently is carrying about 3200 cars per day. This 11 site -generated traffic will create an estimated 4150 trips 12 per day. 13 There's a break point of where we go from a 14 two-lane cross-section to a four -lane cross-section, and 15 those average daily trips usually trigger around 13,000 cars 16 per day. There is a proposed improvement process that will 17 provide for additional funding for that stretch of Lemay to 18 be improved in the future. 19 But to address your concerns, the ODP does not 20 include the south access, because of the open space area and 21 the feel for, we don't want to build roads in open space. 22 And there is an unforeseen, what is going to happen in this 23 area? We don't know at this point whether that's going to 24 be commercial, whether that commercial will have porosity 25 back out to U.S. 287, or whether we will have additional . 89 1 access points back to Trilby Road. 2 MR. BYRNE: Okay. Just to follow up a little 3 bit. Arterial is now considered what type of street? Is 4 that a collector street or is that an arterial street? 5 MR. JONES: On the Master Street Plan, Trilby 6 Road, from Lemay to Shields Street, will be a four -lane 7 arterial. There are pieces currently that are built to 8 arterial standards about a quarter of a mile, a third of a 9 mile, through this section here, was built as part of the 10 old SID and part of the other developments that have 11 happened, Brittany Knolls on the north. . 12 MR. BYRNE: And that arterial, as it builds out, 13 that would naturally be built to the new street standards. 14 MR. JONES: Yes, it would be, which would include 15 a five -lane cross-section, two lanes each direction, and a 16 center reversible turn lane. 17 MR. BYRNE: And a number of people spoke of a 18 hill that makes, I guess, exiting from Brittany Knolls 19 somewhat treacherous because of the limited field of view. 20 Can you comment on that one as well? 21 MR. JONES: I am aware that there is a hill down 22 here, but I haven't done sight distance study; but based on 23 the comments that have been brought forward at the hearing 24 tonight, we will be looking at a sight distance study at . 25 that location. m 1 MR. BYRNE: And then what is the speed limit? 2 MR. JONES: The speed limit is currently posted 3 at 40 miles per hour. We are now in a reevaluation of all 4 of our arterial streets in the City of Fort Collins. We're 5 reevaluating the numerical posted speed limit on our major 6 arterials. This will also be on the list to look at that, 7 based on the engineering criteria is traffic volume, speeds, 8 85th percentile of speeds that people drive at, hazardous 9 locations within the section of roadway, bicycle and 10 pedestrian activities on that roadway, and sight distance at 11 critical intersections. 12 MR. BYRNE: Okay. Now, I guess -- you know, the 13 only other thing I want to comment on is the -- the reason 14 that the streets are configured the way they are is really 15 kind of a historic thing. I mean, we've got Eagletree, 16 which is -- was built, and then we've got Victoria Estates, 17 which was built, and then we have the site that we're 18 looking at, which is kind of an irregular -shaped thing, and 19 in order to make this work, we're sort of forced into a 20 street configuration that's -- I think the way the British 21 term it is a wandering cow where it just sort of -- and 22 that's quite honestly the term that they use, but is that 23 fair to say? 24 MR. JONES: We categorize this as a curved linear 25 type design. Yes, and on the -- on an ODP, we primarily • 91 1 only look at arterial streets and collector street 2 networks. we don't look at a breakdown to each individual 3 residential street and how it all connects. But I guess 4 that would be a fair assessment. 5 MR. BYRNE: Okay. And it's also fair to say that 6 if the northwest portion that currently is not under review 7 here were under review, we would probably end up with a 8 street configuration that would allow us greater access to 9 the site. 10 MR. JONES: Yes, we would. We would more than 11 likely look at additional porosity, possibly back over into 12 this neighborhood, which has some dead-end streets that look 13 like they were originally set up to have some other 14 connections of that nature. And whether or not -- I'm not 15 sure if the trailer court would have some sort of a porosity 16 back into the activity center or not, I'm not sure. 17 MR. BYRNE: Does somebody else want to take 18 schools? 19 MS. BELL: I think we'll get to schools, but I 20 have a couple other traffic things. So there are no 21 traffic -- did you say there might be a traffic signal at 22 Trilby and Brittany at some point? 23 MR. JONES: At Trilby and Brittany, I would -- 24 fair to say that if it met signal warrants and there was an • 25 accident history, that it could be a potential location, EK 1 based upon circumstances. 2 MS. BELL: It's reasonably easy to make 3 right -outs, but boy, those left -outs are going to be a 4 problem. 5 And how about along Lemay there? Is that like 6 a -- I know that there's plans further north on Lemay to 7 have signals at different intersections. Has a study or any 8 kind of, you know, reasonable plan been made for what to do 9 with this section of Lemay in terms of signalization? 10 MR. JONES: No, we basically, currently, with the 11 City, evaluate and have about 30 locations on a priority 12 list of potential signalized locations, and we base that 13 upon the Federal warrant criteria in the Manual on Uniform 14 Traffic Control Devices that states a specific volume for 15 eight hours of a 24-hour day, interruption of continuous 16 flow, school crossings, safety, accident history, and some 17 peak hour volumes and peak hour delays. 18 MS. BELL: And does this -- is this project 19 required to do -- I guess they would be considered off -site 20 improvements at 287 and Trilby? 21 MR. JONES: Yes. The traffic impact study does 22 show some off -site improvements by the year 2015 at Trilby 23 and U.S. 287. That would be to build that out to a full 24 arterial standard with a five -lane cross-section. 25 MS. BELL: So, what, there's money being put 93 1 aside from this -- I'm asking if this project here is 2 contributing to some of those improvements at that 3 intersection. 4 MR. JONES: The money that is put aside goes into 5 an oversizing fund that handles off -site improvements 6 throughout the city. So it doesn't necessarily mean that 7 this would be a priority intersection until it deemed 8 necessary. 9 MS. BELL: Could you just clarify. There's a 10 proposed future school pickup place here, and the bus barn it is across the street. How long do you think it would be . 12 before this area really is able to service mass transit for, 13 you know, for people that would be living here? 14 MR. JONES: I think -- I'm not the correct person 15 to answer this, but I think bus ridership is based on the 16 supply and demand. If you have the demand, then the supply 17 would be there. So that would possibly be.why our City Plan 18 is looking at closer densities and developments like this, 19 so we can have those opportunities for mass transit. 20 MS. BELL: So when there's enough people, then, a 21 bus will come, so to speak. 22 MR. JONES: Very true. It's the reverse of the 23 theory if you build it, they will come. If you don't build 24 it, they won't come. • 25 MS. BELL: Okay. Does that finish it up, or are 94 1 there other Board members who have traffic questions? 2 okay. 3 MR. GAVALDON: I'd like to go back and address 4 the reservoir, and maybe, Mike, you can help me on this, and 5 Tom, possibly. I was doing some analysis and was looking at 6 the effects of B and C. And, Tom, I need your help on 7 this. Given the number scenarios that you addressed 8 earlier, how many of them would either impact partially or 9 entirely parcels B and C? And that's dealing with the dam 10 and the reservoir configuration. 11 MR. SHOEMAKER: Only alternative 5, the full 12 jurisdictional reservoir. 13 MR. GAVALDON: I'm sorry. 14 MR. SHOEMAKER: Only alternative 5, which was 15 totally rebuilding the existing dam in its current location, 16 would preclude development on parcels B and C. The other 17 four would not. 18 MR. GAVALDON: Okay. So what would be the net 19 effect of alternative 5, to rebuild the reservoir, in 20 affecting B and C in terms of dwelling units reduction? 21 MR. SHOEMAKER: I don't know. 22 MR. GAVALDON: Maybe Mike can help me. 23 MR. LUDWIG: Parcel B is designated for clustered 24 single-family, and that's showing 72 to 84 dwelling units. 25 Parcel C is medium density, single-family residential, and . 95 1 that's showing 100 to 120 units. So anywhere from, you 2 know, 214 to -- 172 to 214 dwelling units could be impacted 3 if the full dam is replaced. 4 MR. GAVALDON: So it could conceivably take it 5 down to 936, given the average of 200, from, let's say, 6 1136. 7 MR. LUDWIG: Correct. 8 MR. GAVALDON: Okay. So if that was an option -- 9 because I'm hearing people indicating that they favor 10 rebuilding it in its entirety, and that is going to have an 11 effect on this development in some form or another, and the 12 amendment will address that? You know, the condition of . 13 approval? 14 MR. LUDWIG: Yeah, they would have to either 15 amend, delete, whatever, those parcels from the plan. They 16 couldn't be built on. 17 MR. GAVALDON: Okay. I just wanted to be sure I 18 had the numbers correct on that. Thank you. 19 MS. BELL: I'm ready to move on to some other 20 issues. I'd like someone to address, maybe Mike, this 21 employment issue that we always have to talk about on ODPs. 22 Where are all the people going to work? Or where are the 23 projected, you know, employment sites for this development? 24 MR. LUDWIG: I don't know at the ODP stage. 25 During the preliminary PUD, they'll be required to meet our m 1 residential uses point chart. Whether or not they gain 2 points for being in proximity to an employment center, I 3 don't know. 4 Harmony Road, I would assume, two miles to the 5 north, would be the closest major employment center, with 6 all the activity that's going along Harmony Road. I do know 7 there's been discussion in previous considerations, like on 8 Ridgewood Hills, of counting the Kenmore strip as an 9 employment center. You know, I don't think at an ODP stage, 10 we can say where the residents are going to work in the city 11 of Fort Collins. They can work anywhere, just as any 12 neighborhood in the center. 13 MS. BELL: Will this project be under the new 14 density -- 15 MR. LUDWIG: Yes. 16 MS. BELL: -- point chart? Okay. Are there -- 17 is there, like, a grocery store -- where's the next grocery 18 store planned for this neighborhood? Is it in this 19 neighborhood or -- 20 MR. LUDWIG: I believe it's in the Shenandoah 21 ODP, nearer to College Avenue. 22 MS. BELL: So everybody will have to drive all 23 the way around there to get to that grocery store, I guess. 24 How about covenants? Somebody asked about 25 covenants. Will there be covenants that go with this 0 • 97 1 development? I guess that would be a question for the 2 applicant. 3 MR. LUDWIG: Could -- yeah. You might need to 4 restate that question. 5 MS. BELL: Covenants? There was a question from 6 citizens regarding covenants in this area. Would there be 7 some kind of protective covenants? 8 MR. HARMON: Yes. Jim Harmon, representing 9 Pridemark. Absolutely. In all developments that we do 10 today, there's restrictive covenants, and they will apply to it all homes within the development. 12 MS. BELL: Thank you. 13 MR. LUDWIG: Just one, while the applicant is 14 here, you had a question about schools, and I do know that 15 the applicant has worked extensively with the Loveland -- or 16 Thompson Valley School District, so I'll let Rick Volpe 17 possibly explain some of the talk that they've -- talks 18 they've had with the school district. 19 MR. HARMON: We have a letter from the district, 20 I believe, with us tonight also. 21 MS. BELL: Maybe the issue at hand is, we've had 22 many projects in this general vicinity over the past number 23 of months, and what's the capacity like when we count all 24 four or five of these projects in the area, not just this • 25 one, but all of them? m 1 MR. VOLPE: Rick Volpe with Downy, Thorpe, and 2 James, planning consultant. I've had numerous discussions 3 with the school district, and they have had -- they have a 4 major concern for growth and development in this area and 5 its effect on school capacity. As a matter of fact, they've 6 just approved a -- and adopted -- the Board of Education for 7 the Thompson R 2-J School District, June 19th, 1996, adopted 8 a new master plan with master plan goals and objectives for 9 the future of growth and development and capital 10 improvements for schools. 11 Currently, according to the school district, 12 they're right now experiencing their greatest growth in this 13 area of the school district. We are on the very border, the 14 northern edge, of the school district. I think Trilby Road 15 is.the northern extreme of the school district. 16 They -- according to the master plan, which I 17 received a copy of, there is -- they are not currently 18 overcapacity in the Cottonwood school, Cottonwood Plains 19 school. However, they are concerned that the growth in this 20 area is going to bring that to an overcapacity very soon. 21 The middle schools are the bigger problem right now, and the 22 middle school, Conrad Ball, which is the middle school for 23 this area, is overcapacity. However, the high school is at 24 or close to capacity right now. 25 So as a result of this -- and it's not just this • 99 1 projects; it's numerous projects in the area -- the top 2 three goals of the 10 or 12 to 15 goals that they've 3 identified address, number one, a new middle school for this 4 area and a new high school as number two. Both of those 5 would help improve the conditions of this area. Number 6 three was an expansion, an addition, to the Cottonwood 7 Plains school, which is in a half a -- $500,000 improvement 8 to the school, adding additional seats. So they are aware 9 of the problem. 10 The bigger -- another issue that they wanted to 11 address with me was access to the -- to the schools; how do 12 students get there? Cottonwood Plains is to the south of 13 the project, south of County Road 32, and I worked with them 14 closely, and I have a letter from them here which I can give 15 you, which is addressed from the transportation director at 16 the school district, thanking us for an opportunity to look 17 at the plan and to work with them closely at this ODP level. 18 The plan, and you had -- I think this was brought 19 up before, there was a bus stop shown? That was a school, 20 potential school bus stop, and I'll just point that out. In 21 working with the school district, we talked about a 22 potential bus pickup for elementary school students as well 23 as high school and middle school students at this access 24 here, with the collector road of Trilby and Brittany. And 25 another one, in this location here, at Province and Lemay. 100 1 A third access was proposed for a bus pickup as 2 well as a potential crossing down here at Victoria Estates 3 and County Road 32. Those three were added to the plan as 4 potential bus pickup locations. The biggest concern was how 5 to get students, elementary school students, to the school. 6 If we are within the criteria of walking distance, which is 7 a mile and a half from the elementary school, how fast could 8 they cross County Road 32. 9 And so we talked to them about this potential 10 location or potentially this intersection over here at 11 County Road 32 and Lemay. One opportunity, and one thing we 12 talked about, was adding a pedestrian trail corridor through 13 the open space which would provide access to County Road 32 14 on the north side and then down across County Road 32 at 15 this drive here, into Victoria Estates, which runs north and 16 south, straight down to the school. That was a very strong 17 possibility, and we've kind of identified that on the plan. 18 The middle school and the high school are outside 19 the walking distance zones for the school district, and so 20 the bus pickup points would be critical at those two points 21 to the north, as well as this one to the south. 22 That's basically my summary of what our 23 discussions have been with the school district. 24 MR. LUDWIG: Another point I'd like to add is 25 that since 19 -- the existing ODP has been approved since 0 0 101 1 1987, and once again, we're dealing with an increase of 128 2 dwelling units, so it's not like we're talking about a 3 brand-new development of 1200 or 1100 dwelling units on the 4 property. It has been known since 1987 that this is 5 possible. 6 MR. BYRNE: Can I just follow up on the school 7 pickup? How far is it from the neighborhood park to one of 8 the close -- the closest bus pickup points? 9 MR. VOLPE: It's generally a mile between these 10 major intersections. So if you're talking about this it particular park here the closest point would either -- • 12 probably almost equidistant between this point here and this 13 point here. Probably a little further if we have to go 14 around the corner. This is probably the closest point. I 15 would say roughly a half a mile. 16 MR. BYRNE: I think that's probably -- I think 17 that's probably an excessive distance for kids to go to get 18 picked up by a bus, isn't it? 19 MR. VOLPE: The school district that we talked 20 about, whether they would want internal pickup points, and 21 they said no, that they generally -- pickup points are on 22 the edges of the property, and they selected those points of 23 access. We would be -- we offered and would be happy to 24 talk to them about internal points of pickup along the . 25 internal collector streets, if that was something that they 102 1 wanted. 2 There's a letter that I'd like to enter into the 3 record from the school district, and I'll just give Mike the 4 copies of it. 5 MS. BELL: Okay. Are there other Board questions 6 or concerns at this point? 7 MR. COLTON: Could you, Mike, verify what the 8 approximate density is of like Brittany Knolls and 9 Huntington Hills and some of these other developments that 10 are going on out in the area? 11 MR. LUDWIG: I believe they're all right around 12 three dwelling units an acre, basically. It's a city 13 minimum. 14 MR. COLTON: So I believe, as I heard earlier, if 15 you count all the area here,,including the open space 16 dedication, it's at -- about the same as those other areas 17 that are in the area. 18 MR. LUDWIG: Correct. 19 MR. COLTON: Correct. So people have 20 characterized this as high density, but that's only if you 21 look at the area that's being developed, not at the total 22 number of acres available. Is that correct? 23 MR. LUDWIG: Correct. And the fact that it's 160 24 acres of public open space, versus development all over the 25 entire property for private yards or parking lots or . 103 1 whatever. 2 MR. COLTON: And the traditional alternative to 3 this would be just to have larger lots and probably not have 4 that open space, if we're going to develop this like we've 5 done Ridgewood Hills and Registry Ridge and things like 6 that? Is that -- 7 MR. LUDWIG: I'll let Tom discuss possibly the 8 status of the natural area as far as potential development. 9 MR. SHOEMAKER: I just wanted to make one -- one 10 clarifying point, actually, is why I came down. Glenn, you it referred to it as an open space dedication. It is not. . 12 It's purchased, internal purchase, within the City; 13 essentially, a natural areas program, buying the land from 14 the Finance Department, which currently owns it. 15 With respect to development potential, depending 16 on the dam's safety considerations, you could view that 17 property as potentially developable or not. If the dam were 18 breached and a -- you know, a pathway for the remaining 19 water designed, then under current rules and regulations, 20 most of the remainder of the property could be developable 21 as it was proposed in the previous ODP. 22 MR. COLTON: Okay. But if we go ahead and do 23 this plan as shown, it would not be developed. 24 MR. SHOEMAKER: Correct. • 25 MR. COLTON: Correct? I don't want to get into a 104 1 lot of financials, but I hope that the open space fund 2 doesn't have to pay a heck of a lot, seeing as how the 3 density that would have been allowed anyway is being still 4 allowed but on a smaller area, and I'd like to save some of 5 those funds for other open space. So just a comment in 6 terms of negotiating buying this from the City. 7 MR. SHOEMAKER: I always try and do the best I 8 can. 9 MR. COLTON: Thank you. I had a couple other 10 questions. Maybe more for the applicant. What uses do you 11 anticipate being in that six -acre neighborhood shopping 12 area, other than the fire station? 13 MR. HARMON: Jim Harmon, representing Pridemark. 14 You know, typical uses in this type of center would be local 15 convenience -type uses. Obviously, the local convenience 16 store, the 7-Eleven style store, dry cleaners, small video 17 stores, insurance agents. Local uses. 18 It's not a large enough site, and frankly, 19 there's not enough rooftops in the square mile right there 20 to handle a shopping center, grocery store type center. You 21 might achieve a small Wild Oats type market in there. We're 22 only talking five to ten thousand within the center, but 23 you're can certainly not going to get a 25 or 40,000 foot 24 Safeway there. 25 We see it more as neighborhood convenience. With • 105 1 the fire station there, it might lend itself toward 2 combining in a restaurant pad type gas station, the whole 3 convenient package they put together now. That might be 4 something we'd like to integrate, and we're, in fact, 5 meeting with the fire department right now to see if we 6 can't integrate their use with the entire center in sort of 7 a unique way. 8 MR. COLTON: Okay. And I'm wondering if you 9 looked at any other configurations for that little 10 neighborhood shopping center that would be more centrally 11 located, like where the park is or something. I'm just . 12 thinking -- there's a lot of people in that area, and it 13 might be more conducive to walking. I'm just wondering if 14 you looked at that or if this is really more -- serve not 15 only this neighborhood but maybe some of the other 16 neighborhoods. 17 MR. HARMON: Well, and in point of fact, that was 18 something we considered very -- very early on in the village 19 center, was, did we look at that as maybe a mixed -use -- 20 office, little office area, little shopping, that kind of 21 thing. And what we were told by the retail experts was that 22 putting it in the middle limited it to just our residents, 23 and with a thousand homes, you could hardly support a corner 24 store, let alone 50,000 feet of retail. • 25 But, however, by locating it out on the arterial �� 1 and having it connected to the development via the trail 2 system, what you do is pick up not only our thousand homes 3 but the couple hundred homes in the Brittany Knolls area, 4 the mobile home residents, and also the Eagletree 5 residents. They feel more empowered to use it. It's not 6 like it's tied to the middle of our -- of our development. 7 So it really becomes more of a focal point for a couple 8 square miles. 9 MR. COLTON: Thank you. 10 MS. BELL: I have a question related to 11 transitioning. We've heard quite a bit of talk tonight 12 about trying to transition this project a little bit 13 differently. I'm sure that's been thought about it, but 14 maybe you could comment on that a little bit more. And if 15 you need to stay down here. 16 You know, obviously, what we're talking about is 17 Eagletree feels that the density is too high right up 18 against them, and you know, how to -- is there any more 19 flipping around or changing that could be done. And maybe 20 you could also address, you know, is this very much 21 different than what the -- I think has been said before, but 22 maybe you can say it again, is this very much different than 23 what the original ODP was in terms of densities and 24 transition. 25 MR. HARMON: Well, with respect to the . 107 1 transitioning issue, and we heard what they said, and we 2 really have made some fairly significant changes, although 3 they're difficult to see just by looking up at the plan. 4 I'd point out to the -- it's an area -- I mean, 5 it's a little fuzzy. I guess that's area G, up above, which 6 is right adjacent to the Eagletree development. 7 What we've done there is taken our -- it's our 8 cottage home product, which is a 1200 to 2,000 square foot 9 home, and with a rear entry garage and a detached or 10 attached, which is primarily an alley -loaded situation, and it we're going to front those out to Brittany. . 12 And those homes, the front door of those homes, 13 will be approximately the same distance from the adjoining 14 Brittany -- or Eagletree homes as the Eagletree homes are 15 from their multifamily. So they've got a multifamily that 16 they're calling a 12 density, which is a similar product to 17 what we're going to build in our area, in our multifamily 18 area, and we have a six to seven DU product there. 19 So I think we've adequately transitioned there. 20 And not only that, we're providing very much of a human 21 scale to that, where it's going to be set back from the 22 collector road, and there won't be any garages. You won't 23 have that row of fences. You won't have the kind of 24 detrimental effects on the folks, and they won't be impacted . 25 so much by the traffic, either. 1 To the south, at area D, we originally had that 2 as one of our more medium density developments. That was 3 also going to be either a paired home or more of a higher 4 density product. And after listening to what they said, we 5 transitioned that down to -- essentially the six to eight 6 thousand square foot lots, and while those aren't huge lots, 7 that area is also surrounded by a greenbelt to the north of 8 our area D, between Province Avenue; and then, of course, 9 you have the intervening of Province Avenue right-of-way, 10 which I believe is a hundred -foot right-of-way. I might be 11 wrong on that, but it's a very extensive right-of-way. 12 So I think they would maybe like to see 10 or 12 13 thousand foot lots there. But in point of fact, it's just 14 not going to work within this development. And we also 15 looked very closely at the original plan, and where we have 16 four to five DUs planned, there was 150,000 foot shopping 17 center on one side, and on the other side was an industrial 18 park. 19 So in terms of a transition from their proposal, 20 I think our impacts are far less severe than the original. 21 With appropriate landscape screening, with the traffic 22 access set up the way it is, the homes on our side of 23 Province Avenue, I think, are going to have minimal impact 24 than the larger lots that they have proposed there. 25 MS. BELL: Okay. Thank you. Looking at my 109 1 notes. I forgot to bring up, there was a comment brought up 2 about the notification process. Could you clarify for us 3 what that process was and how did somebody get left out of 4 that. 5 MR. LUDWIG: Basically, the notification process, 6 this project was submitted about three months ago. 7 Normally, our notification lists are generated -- we don't 8 keep them after six months. They would have to submit a new 9 one. So there may have been new purchasers of property that 10 weren't notified. 11 We did mail out over -- close to 600 notices in • 12 the surrounding area, which is a substantial mailing list 13 for the project. Included Brittany Knolls, Paragon Point, 14 Victoria Estates, and anything around there. So we felt 15 that it was.-- we extended that boundary quite significantly 16 beyond what is technically required by the Code. 17 Granted, there can be errors in mailings and the 18 sort. But, you know, we try our best out of 600 notices to 19 get maybe three that didn't, you know -- it's kind of a 20 difficult situation to make sure everybody gets, but we do 21 our best. 22 MS. BELL: Well, are there any other Board 23 questions or comments, or can we move towards a decision? 24 Go ahead, Mike. 25 MR. BYRNE: Just a closing comment for me. I -- 110 1 you know, in general, I think this is the first project that 2 I've seen here in Fort Collins that is along the lines of 3 things that, up to this point, I've just been reading about, 4 which has a certain appeal. 5 I think, you know, for those people who maybe 6 aren't familiar with some of the things we've talked about 7 recently, about neotraditional design or new urbanism, 8 there's some lovely books out there you can read in an 9 evening that would bring you up to speed on what a lot of us 10 think is the direction that the City needs to go. There's 11 real reasons for that, and rather than spend much time here, 12 I'll just say, you know, if you go to the library or book 13 stbre, there's some wonderful books about this kind of 14 approach. 15 I am concerned about the road configuration. And 16 I would like to see us apply a condition that makes it so 17 that we do the best we can to try to get access out onto 18 287. I don't know if there's a way that we can write a 19 condition that says, just do the best you can, and if it 20 works out, please do it. 21 Because I think that would -- you know, one of 22 the things that this whole thing about neotraditional 23 urbanism is all about achieving some balance in 24 transportation, and it's not only cars but it's bikes and 25 it's walking and it's -- you know, trying to minimize the r� . 111 1 impact of garages and all those things that I think most of 2 us who come from older communities recognize that that works 3 much better than what we've done in the recent past. 4 But it also means distributing and providing more 5 ways for people to move around and not restricting them to 6 go through various choke points; and that's a real major 7 shortcoming for me, as this thing is currently configured. 8 However, I think that the project does have some 9 real merit, and I think that for those of you that are 10 really, really concerned about the impact on your 11 surrounding neighborhood, I would just encourage you to • 12 maybe spend some time -- there's a wonderful book out called 13 A Better Place To Live, and it's one that I read about a 14 year ago, and it does a very good job of describing the 15 concepts, and it's something that, you know, we know we're 16 going to grow in this community, and the question is, how 17 are we going to do it. 18 The comparison that was made about what the oDP 19 that's currently approved is all about and what this one is, 20 there's some real differences. And in my mind, this 21 proposal is much better than what is currently on the books. 22 So if we can fashion -- I'd like to -- if we get 23 to the point of making a motion, I'd like to make sure we 24 apply some conditions that address some of the traffic 25 issues. 112 1 MS. BELL: Along the lines of what Mike is 2 saying, I have a couple of questions. In order to get out 3 to 287, there was some discussion about going through Trilby 4 Heights or the mobile home park. Aren't those -- are those 5 county subdivisions? Are they in the city yet? 6 MR. LUDWIG: Trilby Heights and the mobile home 7 park are all in the county at this time. They're outside 8 the City. 9 MS. BELL: And isn't that that typical issue, you 10 know, it's awful hard to go through there, having all these 11 residents, you know, impacting these county roads. So that 12 currently isn't a very realistic option. 13 MR. LUDWIG: There are options we can't control 14 at this point. 15 MS. BELL: So it looks like there's an area, 16 commercial development zone. Is that where that really nice 17 house that overlooks Robert Benson Reservoir sits, in that 18 area right along 287, that says commercial development 19 zone? 20 MR. LUDWIG: I think that's actually between the 21 commercial development zone and parcel A. You see some 22 building outlines on the plan you have in front of you? I 23 think that's the actual farm house. 24 MS. BELL: Okay. So the best option would be 25 somehow to go through that property owner's property into • 113 1 this commercial development zone to get out to 287. Is that 2 what we're -- 3 MR. LUDWIG: Right, and if those parcels came in 4 for development or annexation in the City, we would have 5 this ODP on file to say, look, we're thinking about 6 potential connections to the west, and the importance of 7 those connections to College. And so -- 8 MS. BELL: So that's the way we'd have to kind of 9 fashion a condition, if that's something we wanted -- as 10 Mike says, is there a need for -- 11 MR. LUDWIG: Well, I'll let John Duval answer • 12 that. 13 MR. DUVAL: I'm not sure you need a condition, 14 necessarily, because the amended ODP itself shows those -- 15 well, a potential future connection there, going towards 16 College, and then there's another one shown, this is off of 17 tract A, another one going north towards Trilby Road. 18 So when these come in or when tract A comes in 19 for a preliminary, at that time, that could be negotiated at 20 that point, that there would be potential connections going, 21 that if the adjacent properties were developed, there would 22 be the connection there onto Trilby or College. But I don't 23 know that you necessarily need as a condition, because 24 you're approving the amended ODP showing those two potential . 25 connections already. 114 1 MR. BYRNE: My concern, John, is that I would 2 like to strengthen that as much as we can, and I don't know 3 if that's possible, but I would like to see, rather than 4 sort of a passive acceptance of whatever happens, that we 5 try to be a little bit proactive and encourage, you know, 6 other connections. Because I think, overall, it will 7 provide balance and it's a wise investment on the part of 8 the community. 9 MR. COLTON: I'd like to follow up on that also. 10 I'm wondering if there's been any thought given to the road 11 going to the south, across that open space. And the reason 12 I'm saying that is, you know, as they talked about, maybe 13 having some sort of a trail or path for school children. 14 That nearest shopping center is right over there to the west 15 of County Road 32 and College. 16 And I think if you could put in maybe just a 17 narrow road, where all we'll have is traffic and no houses 18 on it, with a nice bike path or something like that, that it 19 would allow us to have some of this porosity plus just 20 enable this pedestrian, bicycle, whatever, shopping access 21 to that nearest shopping center. So has the applicant or 22 City or anyone taken a look at that? 23 MS. BELL: Maybe that -- the discussion tonight 24 was to put that back into some natural grassland and kind of 25 a pathway for wildlife. Would a road interrupt quite a bit 0 . 11s 1 of that? 2 MR. SHOEMAKER: I guess this is one of those 3 points of trade-offs that we all get into. Yeah, there 4 were -- there was some conversation about the connections, 5 and in general, where we have fairly large tracts of open 6 land, natural area, we're trying not to run roads through 7 the middle of those. 8 The notion of a trail down there, I think, we 9 could probably accommodate that. But I would say that a 10 road, you know, not to say that we couldn't design it so it 11 would work, but generally, there are two issues with that. 12 One is that the roadway is disruptive to the natural area, . 13 as well as to, you know, the views of it and the wildlife 14 use of it. The other is the expense of the road 15 construction, because typically, the way roads get built in 16 this city, there is a City contribution, but the adjacent 17 landowner pays also for the local street portion of that. 18 And up to this point in time, the natural areas program is 19 not using natural areas money to build roads. So those are 20 some of the issues there. 21 MR. GAVALDON: I have a couple of comments I want 22 to share on this. First is, there's a lot of known 23 variables that have to do with Robert Benson Reservoir, 24 parcels B and C, so I think the citizens have expressed . 25 their desire to be involved in the process, whichever way 116 1 they go. Still hearing that they want to keep the reservoir 2 intact, so that's going to have a big impact on this project 3 if it's approved. So I would encourage Natural Resources to 4 really work with the residents in all areas on this project. 5 Two, looking at Eagletree, I see a lot of 6 benefits of Eagletree in gaining with a project like this as 7 its neighbor versus the current ODP, in terms of natural 8 areas, accessibilities, and a lot of neighborhood. Whether 9 we like it or not, this is offering a lot of benefits that 10 was not included, and I see a lot of pluses. 11 Yet I see concerns, and I see that the developer 12 has made a lot of effort on this with the citizen inputs. 13 There still could be more room for opportunity when you get 14 into preliminary. So this is not a dead end. There's a lot 15 of opportunity that -- conversation, communication, which I 16 really want to applaud everybody for being here, folks 17 coming down and expressing their views, because we recognize 18 a lot of them, and there's a lot of opportunity. So I just 19 want to commend the staff and everyone's contribution to 20 this. 21 As far as natural areas there, I do sense a 22 concern about putting a road through it or a trail, but for 23 the school stops and that, that's quite a hike for these 24 kids to take. I would encourage a better effort in taking 25 care of that, because that's a long trek for, and a lot of 117 1 walking, for some kids to take, and also, I recognize that 2 the traffic needs to have -- has a lot of opportunity to 3 work with, too. So those are my thoughts that I wanted to 4 share. 5 MS. BELL: Is there someone that would be willing 6 to make a motion at this point so we get that on to the 7 floor and we can move forward? 8 MR. BYRNE: I'll make a motion. I move approval 9 of Provincetowne Amended Overall Development Plan, with the 10 condition, as stated in our packet, which is that the li selection of how the Robert Benson Reservoir will be 12 addressed. And -- that's the first condition. And the 13 second condition would be if we can become more proactive in 14 our approach towards getting access to 287 from the 15 development. 16 MR. COLTON: Yeah, I second that. 17 MS. BELL: We now have a motion on the floor. 18 Are there any further comments that the Board members feel 19 inclined to make? 20 MR. COLTON: Yeah. I agree with Mike. I think 21 there needs to be another access, and maybe that south one 22 isn't right. I would hope that we could seriously work on 23 something around the north end of Benson Lake or some other 24 way, because I think we do need another access to this area. 25 As far as other comments, I think this is a big 118 1 improvement from the normal ODP. In my mind, I was also on 2 that region between Loveland and Fort Collins task force, 3 and as far as I can tell, if this gets approved, this may be 4 the only green space left between Loveland and Fort Collins, 5 the way things are going, in that particular part of the 6 countryside. 7 Already, we're south of County Road 32. You know 8 what's down there, and I don't see the County doing much of 9 anything to stop any of the development out there. So I 10 think this is a much better solution than having 11 single-family houses spread over the entire area and not 12 having that open space. 13 And I think it does result in a higher density in 14 that area being developed, but that's a trade-off we need to 15 have, and the overall density is not different than if we 16 developed it in the traditional manner and the traffic 17 impacts aren't going to be any greater than if we developed 18 it in the traditional manner. So I think this is a big 19 improvement there. 20 Let's see. The schools, I've tried to fight that 21 battle before, and I don't seem to get a lot of reception 22 from other public officials in the area. I will try to 23 fight that again when our City Plan comes up, and we can 24 make it a criteria for approval of a subdivision or a PUD 25 that the schools either be existing or financing be planned • 119 1 to do it. If that gets voted down by the City Council or 2 CPAC, and they say we don't need that as part of our 3 implementation, then I guess that won't be a criteria, and 4 I'll quit fighting that battle. 5 But at this particular time, I think this is much 6 better than what we had, and you know, the traffic impact, 7 basically -- a lot of new people living out here. I've seen 8 the traffic go up a lot where I live as well, near Harmony 9 and Shields, and I don't think you're going to have anywhere 10 near the traffic I have out there. 11 I hear a lot of new people moving in here, 12 saying, gee, we're going to ruin it. Well, I wish you 13 people would have spoken up when we were talking about City 14 Plan about six months ago and some of us talked about having 15 growth caps or other forms of regulating growth in the City 16 overall, because this is what it's coming to, and you just 17 can't fight it in your back yard. You have to get out and 18 get involved in the overall City Plan, and the route we're 19 going now is, let sprawl occur, and I think some of the 20 areas you live in are more of an example of sprawl than 21 this, because everything's spread out. You're far away from 22 services also. And you know, we did a lot of wrong things, 23 perhaps, with some of the areas that currently exist out 24 there. 25 And if we're going to keep open space like this, 120 1 we have to have a more density within our Urban Growth Area, 2 and that's the way we're headed. And if you don't like the 3 way we're headed, then you need to get involved in the City 4 Plan now, because we're getting to that stage where we'll be 5 implementing things like this, which is the current vision. 6 So thank you for your participation. 7 MR. BYRNE: I'd just like to make one final 8 comment, and that is that several weeks ago, we passed new 9 street standards for the City, and in fact, we passed -- 10 that moved on to the City Council where that's now been 11 approved. And I know a lot of the issues that have been 12 raised will be better addressed because we've got these new 13 street standards. 14 I think the street standards that have been 15 adopted just recently are much, much better, and what I 16 would encourage the various neighborhood groups and the 17 people who, you know, took time to come down here, and 18 perhaps it was the first time that you spoke, but there's 19 always a good time to get started. The time line at which 20 those new street standards are applied to the area that 21' you're concerned about, you know, quite practically, is 22 going to be somewhat of a function of how active you are. 23 And I would just encourage you to stay active, 24 and as things unfold, because a lot of times, the way they 25 do unfold is somewhat unpredictable, or it's very • 121 1 unpredictable, but when conditions are right, just make sure 2 that, you know, you become familiar with those standards and 3 make sure they happen in a timely manner, because it's 4 neighborhood groups that with their active involvement do 5 play a large role in how successful these kinds of things 6 are. 7 MS. WAMHOFF: I'm Sherry Wamhoff with the 8 Engineering Department. I just wanted to make a comment. 9 In talking about the access onto 287, possible 10 access, all access points on 287 are controlled by the 11 State. So anything proposed would have to be approved and 12 accepted by the State. So that may be a point there, too. 13 We may want something, but if the State doesn't want it, so 14 we can pursue these things, but it's ultimately up to the 15 State. 16 And the College access plan does not go this far 17 south, so there are no already -approved, looked -at access 18 points, so that's another consideration in -- I mean, I 19 agree that access to 287 would be good, but whether or not 20 the State would approve it, that's something we'll have to 21 look into in the future as it comes forward. 22 MR. COLTON: Can I just ask you one question real 23 quick? Where is the Ridgewood Hills access point that we 24 recently approved north of -- 25 MS. WAMHOFF: The Shenandoah one? 122 1 MR. COLTON: Yeah, the Shenandoah one. 2 MS. WAMHOFF: It comes in probably about right 3 here. 4 MR. COLTON: Okay. So there could be some 5 possibility of a road going around the lake, still coming in 6 at that same spot. 7 MS. WAMHOFF: Well, whether or not you can get 8 something going back up, it may depend. If the lake is 9 smaller, it might be more of a possibility. 10 MR. COLTON: Thank you. 11 MS. BELL: I would just like to make a final 12 comment that I have the opportunity to -- or I commute on 13 287. And I really do appreciate Benson Lake. You can see 14 the wildlife there, and it's just a really neat thing. So I 15 hope that we really can work hard to preserve that corridor 16 there. I think it's a very high priority, because we've got 17 to have some relief along there for people to enjoy. So -- 18 MR. DUVAL: Madame Chair. Point of clarification 19 on the motion. On the condition. Typically, conditions of 20 ODPs, PUDs, and so forth are conditions that can be 21 satisfied or required to be satisfied by the applicant. And 22 as I understood the condition here, was that the City be 23 more proactive in pursuing this connection. 24 So I guess I'm concerned that the condition is 25 not one that the applicant controls or can have anything 0 123 1 to -- or can do anything to satisfy. So I guess I would ask 2 for either clarification, if I misunderstood the 3 condition -- 4 MR. BYRNE: No, I don't think so. I think, you 5 know, ultimately, it comes down to an issue of at what point 6 does the City enter into control of neighborhood streets. 7 And you know, that's a balancing act. We know that in the 8 older part of town, the City laid out the street pattern, 9 and it's got a very predictable grid -like pattern that 10 people like, for the most part. And we know that new it neighborhoods where developers figure on where the streets 12 are going to go, sometimes end up with irrational streets. . 13 And personally, I would like to see the City play 14 a more active role in rationalizing of the neighborhood 15 streets. So that's my intent. If it's difficult to state 16 that in a way that we can work on, I apologize, but that's 17 sort of where I'm headed. 18 MR. DUVAL: Right. But I guess I'm still not 19 sure how the developer can satisfy that condition. I mean, 20 I understand what you're saying, and that, you know, the 21 desire is to have the City, at least in this particular 22 case, try to find a way to make that connection, but I guess 23 I'm not sure -- other than what they've shown on the ODP, 24 which is, they've shown two areas of connection that is part • 25 of the ODP, and then when it becomes time to become platted 124 1 as a preliminary PUD, then those connections would be dealt 2 with then, and the streets could be stepped in and so forth 3 in the adjacent property to be developed in the future. 4 MR. BYRNE: Okay. So what you're saying is the 5 condition is satisfied already. 6 MR. DUVAL: Yeah, I think it's on here in the 7 sense that it's already shown on the ODP as two future 8 connections but that -- so they've done all that they can on 9 the ODP, I think. 10 MR. BYRNE: Okay. So I'll amend my motion and 11 just strike the second condition. 12 MR. BLANCHARD: And just as a follow-up to that 13 is, as we get the preliminary applications within the ODP, 14 we have the opportunity to be able to address future 15 connections to the west. And then as those properties 16 develop, if they develop within the City, we can complete 17 any connection that's reasonable to gain the considerations 18 of some of Sherry's comments and any access points. 19 So I agree with the direction that John 20 suggested, and then it's incumbent on the staff and the 21 Planning and Zoning Board, as we review preliminary PUD 22 applications to the west, to make sure that we don't 23 preclude any potential connections to go out to that 24 direction. 25 MS. BELL: What appears to be the first phase • 125 1 that's going to be developed here, potentially? 2 MR. HARMON: One of our commitments is that we're 3 going to make a strong effort to develop the multifamily 4 housing, along with one or two yet to be determined -- 5 MS. BELL: So which of the eight? 6 MR. HARMON: Up at the very top. It's A. 7 MS. BELL: In orange? 8 MR. HARMON: Yes, the orange that's farthest to 9 the west. 10 MS. BELL: So you feel like you'll probably build 11 from the outside in? • 12 MR. HARMON: As a general rule, we think we'll go 13 from the outside in from both major arterials. 14 MS. BELL: One last comment that I have. I've 15 been really strongly dismayed by the fact that we don't have 16 a South College access plan for all this development that's 17 occurring beyond Trilby Road. And I don't know how to get 18 that rolling. I think we should have one, because it's very 19 distressing, not -- to just be going -- flying by the seat 20 of our pants, so to speak, on what we're doing in these 21 areas. 22 I think it works much better, like Mike says, if 23 the City gets a little more proactive in saying, what would 24 work here and how would we like some of this to go. So I 25 would really like to see us get on the stick here and have 126 1 some sort of notion as to where we think these access points 2 and lines should be in this area. 3 Okay. Let's go ahead . . . 4 MR. COLTON: I second the corrected motion. 5 MS. BELL: Okay. Are we ready to take a vote? I 6 think we are. 7 THE CLERK: Byrne? 8 MR. BYRNE: Yes. 9 THE CLERK: Colton? 10 MR. COLTON: Yes. 11 THE CLERK: Gavaldon? 12 MR. GAVALDON: Yes. 13 THE CLERK: Wyatt? 14 MR. WYATT: Yes. 15 THE CLERK: Bell? 16 MS. BELL: Yes. 17 MS. BELL: The ODP passes. And this meeting is 18 adjourned. 19 (Matter concluded.) 20 21 22 23 24 25 . 127 1 STATE OF COLORADO ) 2 ) REPORTER'S CERTIFICATE 3 COUNTY OF LARIMER ) 4 I, Jason T. Meadors, a Certified Shorthand Reporter 5 and Notary Public, State of Colorado, hereby certify that 6 the foregoing hearing, taken in the matter of Provincetowne 7 ODP and Registry Ridge Overall Development Plan, was held on 8 Monday, August 26, 1996, at 300 West Laporte Avenue, 9 Colorado; that said proceedings were transcribed by me from 10 videotape to the foregoing 126 pages; that said transcript 11 is, to the best of my ability to transcribe same, an 12 accurate and complete record of the proceedings so taken. 13 I further certify that I am not related to, employed 14 by, nor of counsel to any of the parties or attorneys herein 15 nor otherwise interested in the outcome of the case. 16 Attested to by me this 16th day of October, 1996. 17 l� 18 19 Jaspil T. Xeadors 20 3X5 West Oak Street, Suite 500 Fort Collins, Colorado 80521 21 (303) 482-1506 22 My commission expires January 6, 1997. 24 25 No Text • August 22, 1996 IVE� A�G� 6 1996 Dear Mr. Shepard, Regarding the proposed sound abatement wall along the west side of Lemay Avenue by the Harbor Walk Estates development, we will not be able to attend the meeting scheduled for August 26. However, we do wish to express our opposition to the plan, as we feel it would be an unnecessary eyesore along the road. We live in Harbor Walk Estates, on Lemay Avenue (Lot 18) and have never been bothered by traffic noise on the road. Houses built on a lake are focused on the lake and the views across it, not on a road on the other side. Harbor Walk Estates is a beautiful neighborhood, not an exclusive club and not a fortress. Sound abatement walls may make sense along heavily traveled interstate highways filled with semi trucks, but not along residential • streets. We therefore ask and recommend that the request to build this unneeded and unattractive wall be summarily denied and that the wall not be built. Sincerely, j Gfi . Craig ET Su an ozak 4101 Harbor alk Drive Fort Collins, CO 80525 P.S. Perhaps you would consider reading this letter at the meeting. No Text August 2, 1996 • Part 1. Chronology and Homeowner Statements Harbor Walk Estates Phase II Wall Issue This information outlines the sequence of events leading up to the public discussion of the acceptability of a five foot "noise abatement wall" to be built by the Harbor Walk Estates developer extending approx. 150 yards along the top edge of the Warren Lake dam embankment along South LeMay Avenue. Summary We, the undersigned, contend that this wall: 1. is not necessary; no need for it has been demonstrated, 2. detracts from the open appearance of the neighborhood, 3. is visually and physically exclusionary; it is designed to separate Harbor Walk homeowners from the rest of the neighborhood, 4. totally eliminates any remaining mountain and lake view for many Golden Meadows residents who bought their homes reasonably expecting to see the view over the dam, unobstructed by other homes, much less a wall, 5. may contribute to hazardous road/weather conditions along LeMay Ave., 6. violates several principles of the City's comprehensive long range plans and 7. will provide an attractive nuisance for vandals and grafitti "artists." See Part 3 of this report for a detailed discussion of each of these points. 0 Part t. Chronology 1988 The first set of public hearings were held to approve the creation of Harbor Walk Estates P.U.D. The entire 16-lot P.U.D. was approved, contingent upon approval from Army Corps of Engineers. This was required because of the need to in -fill soil behind the existing dam. No fence or wall was proposed In the original approved P.U.D. Site Plan drawing. 1990 A second public hearing was held at City Hall because the Harbor Walk developer, Mike Sollenberger, wanted to turn the original 6 lots into 5 larger lots. The Corps of Engineers had apparently given their approval for these first lots, but had not yet approved the last 10 lots. At this meeting, when the revised, larger -lot blueprint was presented, it showed a wall or fence to be built along the top of the slope, between Harbor Walk Court and South LeMay. The residents of The Landings and Golden Meadows argued vigorously against this wall on the grounds of noise, view, air current patterns and appearance. A concession was made by the City that NO WALL OR FENCE WOULD BE ALLOWED THERE WITHOUT A FULL PUBLIC HEARING PROCESS. That statement was agreed to by the participants and written on the plat document. The actual wording* on the P.U.D. Site Plan was that the fence (or wall) was deemed "not part of this P.U.D. Site Plan and approval process. If there is fencing, it will have to be reviewed and approved separately by the City Planning and Zoning Board." *approved by Planning Staff 10/10/90, attached to Final P.U.D. Jan. 1990. This is referred to in several correspondences as the 1990 "Fencing Note." The only Golden Meadows resident present at this meeting was Mrs. Sandy Newlin. Several people from The Landings subdivision were there. NOTE: Ted Shepard has notes of this meeting (he was not present - someone else from the planning office ran this meeting). Late 1990 or 1991 Not long after construction began on the first houses along Harbor Walk, Mrs. Newlin saw some survey stakes and then a series of fence posts appear at the top of the slope exactly where.the revised plat drawing depicted them. She contacted City Planning and told them to review the minutes of the previous meetings and the Site Plan drawing (i.e. the Fencing Note) because they and the developer should know that a wall or fence was not allowed without a public hearing. The fence posts came down the next day and no further attempts were made to build a wall in front of the original 5 lots. January 1996 Apparently having received Corps of Engineer approval for the last 10 lots, developer Mike Sollenberger and City Planner Ted Shepard held an informal meeting at Spirit of Joy Lutheran Church to answer any last minute concerns of neighbors. No one from Golden Meadows was notified to attend this meeting because Ted Shepard felt Golden Meadows was "not affected" by these last 10 lots. The wall appeared back on the Site Plan drawing for the north 10 lots. Since no one from The Landings subdivision objected to the Site Plan, Mr. Shepard made what he terms an "administrative decision" to allow the wall to be constructed. May 1996 Doug and Sandy Newlin went for a walk along Harbor Walk Drive and noticed survey stakes for a wall appearing again at the top of the dam slope. Since no public hearing had been held regarding the construction of this wall, Mrs. Newlin immediately called City Planning to object and was referred to Ted Shepard. He seemed strangely unfamiliar with the 1990 Fencing Note, so she asked him to research the minutes of the meeting. He called her back later and told her the 1990 Fencing Note applied only to the first five lots. However, the 1990 agreement was very explicit in stating that a wall would not be built unless there was a public hearing to discuss it. This was the intent and understanding by those present at the meeting. At this point, Mr. Shepard reiterated that such a wall "won't have any impact on Golden Meadows anyway." Mrs. Newlin asked him to reverse his "administrative decision" and he said that it couldn't be done (although he had just overturned a decision made in an open hearing in 1990 without any further public scrutiny). May 18 A Golden Meadows Homeowners Association Meeting was held at Spirit of Joy Church. Mrs. Newlin brought up the subject of the wall. This was the first time most of the Golden Meadows homeowners had heard about the proposed wall. It was decided to hold further discussions. May 19 A reeting was held at Mrs. Newlin's home (4112 Mt. Vernon Ct.) with Harbor Walk developer Mike Sollenberger and several Golden Meadows residents. Mr. Sollenberger presented his plan for the masonry wall - 5 ft. tall with 6 ft. pillars. The Golden Meadows homeowners expressed numerous concerns about the plan. Ted Shepard was invited to this meeting, but did not attend. A second meeting was attempted on May 23, but fell through as there was not enough time to arrange. At this meeting, Mr. Sollenberger wanted to bring his acoustics engineer, Dr. Armando Balloffet, to counter homeowner's noise objections to the wall. Mrs. Newlin took flyers around.the neighborhood so at least those most concerned would know about the impending construction of the wall without a public hearing. June 5 A Golden Meadows neighborhood meeting was held at the home of Vance Burns, 1200 Ticonderoga. A committee was appointed (Bob Nikkel, Dwayne Westfall and George Obssuth) to meet with Greg Byrne, the City -appointed Neighborhood Liaison for Golden Meadows. The neighborhood group felt that since the original ruling (the Fencing Note of 1990) by the City required a public hearing process before a wall could be approved, the later "administrative decision" was in error. The consensus was that no one wanted a wall of any kind. June 13 A meeting took place at City Hall. Attending were three representatives from Golden Meadows (George Obssuth, Dwayne Westphal and Bob Nikkel), Greg Byrne and Ted Shepard. Golden Meadows representatives presented their concerns and were informed the situation would be explained to the City Attorney's office for a ruling. Later (by phone), Golden Meadows Homeowners Assoc. President George Obssuth was informed that the City Attorney's office considered that all procedures had been correctly (technically) followed by Ted Shepard and therefore his "administrative decision" in favor of the wall would stand. June/July At that point, Mrs. Newlin called the office of City Manager John Fischbach. Although she did not reach him directly, she explained the situation to his secretary and sent her a copy of the time -lines for Harbor Walk that she had prepared. She also explained her strong concern that the City had. made a promise to its citizens (that-av,'to hold a public meeting before allowing this wall to be built) • and was now reneging because of an apparent technicality. She felt that, in acting in an administrative capacity, Ted Shepard took it upon himself to become a public hearing of the Planning & Zoning Board. This is how, Mr. Shepard explained it to George Obssuth in his phone call. Mrs. Newlin further explained that as citizens we should be able to believe our government would act in good faith and fairly represent taxpayers' wishes in its decisions. This apparently hadn't worked in this instance. John Fischbach later called Mrs. Newlin and told her he understood completely and would look into it. He later met with George Obssuth and other City employees on the dam and made the decision that the City would not allow the wall to proceed until it met its due process obligations (i.e. a public hearing on the wall.) July Next Mrs. Newlin received a phone call from a "professional mediator" who wanted to set up a meeting between the developer, the City and representatives of the neighborhood. Mrs. • Newlin explained to him that she thought there was going to be a public hearing where every citizen could express his own concerns and the decision would be made in public. She also told him she didn't represent other homeowners who each had their own ideas and concerns. He asked if she would still attend and bring a couple of other neighbors. She agreed to attend the meeting, but again voiced her objection to any binding agreement coming out of such a non-public meeting. July 15 A meeting was held first on the dam and later at Spirit of Joy Church. Attending were Ted Shepard, Greg Byrne and City Attorney John Duvall, developer Mike Sollenberger. Also attending were Kevin Keane, Dwayne Westfall, Gordon Claus, George Obssuth, Tim Dolan and Mrs. Newlin from the Golden Meadows neighborhood. The mediator -led meeting lasted for about three hours. Golden Meadows residents explained their concerns, both with the wall and with the City not following proper procedures. By noon, Tim Dolan and Mrs. Newlin were the only homeowners left at the meeting. The others had left to get back to work, etc. The mediator at that point asked Mrs. Newlin to choose which Golden Meadows lot she felt was most affected by the wall. He asr-�d: If they (the City and e,eveloper) could answer all her objections on behalf of that lot owner, could they then come to some sort of agreement on "what kind of a wall we could all live with!!" At this point, Mrs. Newlin patiently explained again that: 1) each lot was affected differently, 2) she could not make objections on behalf of other homeowners, 3) she was not empowered to make any agreements for anyone else and 4) as far as she could determine, there was NO wall "we could all live with." Despite any arguments or explanations, the Golden Meadows homeowners "did not want to sit on their back patios and look at ANY wall." The mediator then asked Mrs. Newlin why they had this meeting in the first place which is what Mrs. Newlin had already questioned. She had tried to explain to the mediator from the very first that homeowners were promised a PUBLIC hearing, not an exclusionary meeting between developers and a couple of homeowners. The City then said that, finally, a public hearing on this matter would take place before the Planning and Zoning Board on Aug 12. July 21 In preparation for this August 12 public hearing that was originally promised back in 1990, another meeting was held at Mrs. Newlin's home where the date of the upcoming hearing was announced. Meeting attendees made sure everyone was in agreement about not wanting ANY wall and they discussed how to present their objections. Part 3. Goqen Meadows Residents' Concerns and.Issues 1. NOISE . The construction of this wall will exacerbate the traffic noise created by South LeMay avenue by "bouncing" the sound back into the Golden Meadows subdivision. 2. GRAFITTI AND VANDALISM This wall will become a perfect target for "tagger" spray paint cans. Vandals are already writing all over the Warren Lake spillway less than a block away. Vandals can deface this wall on the LeMay side without being seen by Harbor Walk homeowners. 3. CREATING A MICRO -CLIMATE The wall will block low -setting winter sun and create a "shade" on the LeMay roadway which will hinder snow melt and accelerate ice formation. The roadway, being lower than the lake water level and cooler than surrounding areas, will also experience more fog. Since it will also block the morning sun, the Harbor Walk Drive roadway will also be subjected to reduced ice melt. 4. VISUAL EFFECTS The wall will "exclude" the rest of the community. The building materials used on the wall will not enhance the appearance of the community, it will appear as an element to "hide behind." It will block the neighbor's view of the sunsets, the lake and the foothills. Similar walls in the City are criticized for being ugly. 5. CONTRADICTS THE CITY"S LONG RANGE VISUAL PLANS Fort Collins has spent a lot of money studying its citizen's visual preferences. According to the recent "Visual Preference Study" (VPS) on page 17 there is a picture (image 1.43) of an embankment with a street below and a wall above which closely resembles the Harbor Walks Wall. Respondents to the survey rated this picture with a minus 4.7, the second lowest rating of all 240 views. From the Community Vision and Goals portion of the survey: p. 27: "Our community's streets and walkways will be planned, built and maintained as attractive public spaces." The wall on the embankment is NOT attractive as proven in the VPS. P. 29: "The design of streets will complement the distinctive character of their respective districts or neighborho�us and will serve to CONNEC,`rather than separate adjoining neighborhoods." We can think of no better way to separate adjoining neighborhoods than to build a wall between them. p. 31: "Community design will include views of the foothills and mountains as physical features to be given basic consideration in the arrangement of streets and other public outdoor spaces." Our primary view of the foothills was destroyed when houses were built on the dam. We foolishly thought our view would be un-spoiled because NO ONE WOULD ALLOW HOUSES TO BE BUILT ON A DAM!. The wall will completely eliminate what remaining view we have. p. 49: "Important natural areas will be preserved and protected." The City may have abrogated its responsibility in this area when it allowed a lake front to be filled in, in favor of developing 16 residences. Can we expect further filling -in around the lake that will change current lake front homes into ordinary housing subdivision lots? p.55: "The City will involve citizens in the planning and decision -making processes of government." A public hearing on the wall BEFORE making an "administrative decision" would have clearly satisfied this goal. "Residential neighborhoods will develop as INTERCONNECTED parts of the broader community, extensively linked into a generous range of settings and activities." Activities and settings that are blocked by a wall are not INTERCONNECTED. The wall will isolate and separate these "California high -equity homeowners"* from the rest of us. *from a 7/14/96 Coloradoan article on the Harbor Walk development in which Mr. Sollenberger is quoted as saying his subdivision will appeal to these buyers. It is our understanding that the City has adopted the above two documents as part of the Fort Collins Comprehensive Plan. 6. THERE IS NO DEMONSTRATED NEED FOR THIS WALL a. Noise abatement for Harbor Walk lots - Homeowners 10 in the Est five lots of Harbor Walt Estates have stated that street noise from LeMay is not a factor. When the developer offered to build the wall in front . of their houses, they declined. No long-term sound study was conducted to determine the effects of this wall on sound abatement. Houses on lots 7 though 16 are located farther back from the embankment than lots 1 through 5 and the LeMay traffic noise is nearly non-existent as the dam embankment provides sufficient noise abatement. b. The appearance of "exclusivity" - Since the wall will be built only in front of lots 7 through 12 or 13, the wall will only lend this exclusivity to SOME of the lots. It appears that only those with the money to "buy" this wall will benefit from its "exclusivity." C. The developer has promised this wall to some initial buyers - Any buyer who understands that the inclusion of the wall will cost him additional thousands of dollars in purchase price and will not affect the amount of traffic noise he hears, will allow economics to prevail (whether he is a "California high -equity" buyer or not). For the reasons outlined above, We ask the Fort Collins Planning and Zoning Board to disallow the building of this • wall. Signe • in the firsc five lots of Harbor Walk Lnstates have stated that street noise from LeMay is not a factor. When the developer offered to build the wall in front of their houses, they declined. No long-term sound study was conducted to determine the effects of this wall on sound abatement. Houses on lots 7 though 16 are located farther back from the embankment than lots 1 through 5 and the LeMay traffic noise is nearly non-existent as the dam embankment provides sufficient noise abatement. b. The appearance of "exclusivity" - Since the wall will be built only in front of lots 7 through 12 or 13, the wall will only lend this exclusivity to SOME of the lots. It appears that only those with the money to "buy" this wall will benefit from its "exclusivity." C. The developer has promised this wall to some initial buyers - Any buyer who understands that the inclusion of the wall will cost him additional thousands of dollars in purchase price and will not affect the amount of traffic noise he hears, will allow economics to prevail (whether he is a "California high -equity" buyer or not). For the reasons outlined above, We ask the Fort Collins Planning and Zoning Board to disallow the building of this wall. Signec /f. ( e1 u c?? O O S O Sm� �Fp p O _ fD ^� O C° CD 7 .w+ p 2 tab C=D S p C '• p ry S. p v pi ���pD • »a$.coc?D so fir o S� E H � n u c c fD rZ. A 2.4 On pT '; v �Op A vBL L3. O n. Eai' C w A m O m w_ �p C C "0 E O p J' A O w it O LT, • 'O wAw C 'ti P = fj9y A w w CA .. ^ .� n O ��Opp .b w 7 `.G g. b H eL a w V G O O w 6 �' Zp w nC+. QOO p O w G w w_ C C ^ m O Q O m m b � 'g �' "• l0D 4 S .' :D p ^ < p n 00 CD �s. �• � � y�, �srD Lr -ob�o Q O pC ^ m ° �. M S i'. fOf � � y �• � O. w w p 0 W O ? .y O rs G .. w^ CD O O I § B §y E®a9 &E »%§� \� ID �%{\ } �B47 �)CL \ » ƒ�� @ §&i / k}� �gC i §;« � $ S? »&� 0 k 17f 2 i■2 `CL; so•CL . � \�[ {Epo / iƒ� � D / j \I ■ ± � 2 — 0 • Table 10.1 The intensity of common sounds measured in decibels relative to the threshold of hearing. Pain threshold 1'_0 Jet engine Rock music Noisy traffic Normal street traffic Fairly noisy office Noise in a small car Quiet office Waves on seashore A small brook The wind in leaves Threshold of hearing Shouted conversation Normal conversation Quiet conversation Whispered conversation Range of telephone conversations 176 Location 1. Lemay sidewalk 2. Sidewalk in front of lot seven Peak Traffic Noise ------------------ 74db to 78db 64db to 68db Date of Measurement ------------------- 8/23 @ 5:20 PM 8/23 Q 5:28 PM 3. Sidewalk in front 66db to 70db 8/26 Q 8:15 AM of my house R24 oveland, Colorado July 11, 1996 Rick Volpe Project Manager 1881 9th Street #103 Boulder, Colorado 80302 Dear Rick: RECEIVED JUL 1 G 1996 Transportation Department 200 N. Wilson Avenue Loveland, Colorado 80537 (303)667-6003 On behalf of the Thompson Schools RE2-J Transportation Department, I would like to express our appreciation in being able to contribute input for the proposed development of the Provincetown subdivision located in the northeast comer of our district. In our recent meeting with Diane Reusing, the District/Community Coordinator for RE2-J and the City of Loveland, we were able to review and discuss possible walk paths, bus stop locations and routing for the student population in that area. By being able to review these concerns beforehand, we are better able to plan for the transportation needs of our students in the most efficient and safest manner possible. Again, thank you for the opportunity to work with your company during the preliminary planning stages uL your new counnunliy. W e look forward to being of condriuea assistance in assuring that the needs of our student population are met. Very Sincerely, Sincerely, ///�ilG>si Nansi Crom Transportation Director 0 No Text