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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 07/01/1999• Planning and Zoning Board Minutes July 1, 1999 6:30 p.m. Council Liaison: Scott Mason Staff Liaison: Bob Blanchard Chairperson: Glen Colton Vice Chair: Sally Craig (H) 225-2760 (W) 898-7963 (H)484-9417 The meeting was called to order at 6:30 p.m. by Chairperson Colton. Roll Call: Carpenter, Meyer, Gavaldon, Colton. Member Craig was absent. Staff Present: Fuchs, Barnes, Eckman, Shepard, Wamhoff and Deines. Agenda Review: Chief Planner Ted Shepard reviewed the Consent and Discussion Agendas: 1. Minutes of the January 15, February 18, April 16, 1998 January 21 (Continued) and February 18, 1999 (Continued) Planning and Zoning Board Hearings. 2. PZ99-5 Easement Vacation. 3. #8-99 Willow Brook Annexation and Zoning No. 1 4. #8-99A Willow Brook Annexation and Zoning No. 2 Discussion Agenda: 5. The Greens At Collindale - Referred Minor Amendment. Planner Shepard reported that a citizen had requested the Consent Items 1 and 2 be pulled for discussion. Member Gavaldon moved for approval of Consent Item 1 which only includes the January 15, February 18 and April 16, 1998 minutes and Consent Item 2. Member Carpenter seconded the motion. The motion was approved 4-0. Project: Willow Brook Annexation & Zoning No. 1, #8-99 Willow Brook Annexation & Zoning No. 2, #8-99A Project Description: Annexation and zoning of approximately 39.41 (No. 1) and 75.22 (No. 2) acres of privately owned property located east of County Road 7 and north of County Road 36. The recommended zoning is LMN, Low Density Mixed Use Neighborhood and is located is within the Fossil Creek Reservoir Area Plan. Planning and Zoning Board Minutes July 1, 1999 P & Z Meeting Page 2 Recommendation: Staff Recommends approval of the annexations and recommends that the properties be placed in the LMN, Low Density Mixed Use Neighborhood Zoning District. Hearing TestimonyWritten Comments and Other Evidence: Robert Palmer, 4000 E. County Road 36 stated that they have submitted a petition that reads that they oppose and object to the proposed density of 5 units per acre. Mr. Palmer spoke for his neighbors in that they felt it would decrease their property values, increase road traffic and the development would disrupt their rural lifestyles. He suggested a lower density of a large strip of property behind them for a buffer from the housing area. Mr. Palmer asked if it had been considered that the project and its proximity to 1-25 would house mostly commuters and that they would not be contributing to the tax base in Fort Collins, and they would be adding to the traffic on 1-25. Mr. Palmer reported that another historic cabin dating back to 1867 has been discovered in the area. Planner Fuchs gave a brief staff presentation for the Board. Public Input John Hattfield, 55005 S. County Road 7, spoke on the project. He stated that he has lived there for 10 years, and has been in Larimer County the last 45 years. Mr. Hattfield presented aerial photos of his property showing the airfield located on his property that was approved by the County years ago. Mr. Hattfield stated that the current zoning in the area is airport zoning. He felt that a big subdivision would be contrary to it. Mr. Hattfield reported that the photographs he presented showed each of the affected properties along County Road 7 and 36. Mr. Hattfield asked the Planning and Zoning Board to deny this annexation. Mr. Hattfield stated that he has a private air strip which certain laws give him protected air space for proper taking off and landing of an aircraft safely. He did not think that could occur with a house sitting at the end of his runway. Planner Fuchs stated that a project development plan has not been received to date on this property. • Planning and Zoning Board Minutes July 1, 1999 P & Z Meeting Page 3 Planner Fuchs reviewed a letter dated July 3, 1995 addressed to Mr. John Hattfield from the Federal Aviation Administration stating that the FAA could not prevent the construction of structures near an airport. The airport environment can only be protected through such means as local zoning ordinances or acquisition of property rights. Planner Fuchs stated that according to our zoning map and City Plan, we do not have any zoning that dictates or governs protection of private air strips. Deputy City Attorney Eckman stated that Federal Laws would have to be enforced separately from the City's zoning process or by the Planning and Zoning Board. Member Carpenter asked about the dirt road abutting the properties and was the road within this annexation and who does it belong to. Planner Fuchs referred the question to the applicant. Craig Kam, Director of Planning for Nutzer Kopaz Design Associates representing the applicant responded to several questions and comments made by citizens and the Board. Mr. Kam replied that the traffic issues would be addressed at the time they submit an Overall Development Plan. Because the annexation is not complete at this point they cannot submit an Overall Development Plan or a Project Development Plan. Mr. Kam stated that the project was intended to be a low density mixed use neighborhood in compliance with the City Structure Plan and the Fossil Creek Plan. He stated he was not aware of any historic structures or other elements on site or adjacent to the property but was willing to do a historic investigation or resource inventory of the site as a requirement of future submittals. He stated that there was not any natural resource areas identified on the city's natural resource map for this site, which may be because it is not annexed, but they will do that investigation on the site also. Mr. Kam stated that regarding the airstrip, while the FAA has responded that it is appropriate to have this airfield activity, that there are not any restrictions on their clients property in response to that and that would have to be facilitated through purchase or an action by the City of Fort Collins when the property is annexed to create an airfield zone. Mr. Kam spoke on the access road and that he has not seen it on any of the plats or any legally surveyed platted easement, which does not mean there has not been a historic use of the road. He stated that the uses along that edge, because the site drains in that direction, it was a likely location along that entire property line where a lot of their stormwater management and detention facilities will be and can be combined with buffering for transition to the county properties to the east. Planning and Zoning Board Minutes July 1, 1999 P & Z Meeting Page 4 Member Colton had concerns proceeding with this annexation until he gets more information on the airstrip and the laws. Deputy City Attorney felt the airport issues would be best addressed at the time of development. He did not know what regulations regarding airports might apply to this airstrip. He did not think it would matter for the purposes of considering the annexation. Member Gavaldon moved for approval of the Willowbrook Annexation and Zoning No. 1, #8-99 with the recommended zoning of LMN, Low Density Mixed Use Neighborhood. Member Meyer seconded the motion. Member Gavaldon was concerned with the airstrip, but he felt Mr. Eckman addressed the issue. Member Carpenter offered a friendly amendment to the motion and that the airstrip be looked into before this goes to Council. Member Gavaldon accepted the friendly amendment. Deputy City Attorney Eckman stated he would honor the amendment and he would speak not only to Mr. Hattfield, but also to Mr. Anderton about the airstrip and also examine the statute if there is one. Chairperson Colton felt the friendly amendment would cover his concerns and he would only support the annexation if there is resolution on the issue. Chairperson Colton urged the affected property owners to give their opinions to City Council when they here is annexation and zoning. The motion was approved 4-0. Member Gavaidon moved for approval of Willowbrook Annexation and Zoning No. 2, #8-99A with the recommending zoning of LMN, Low Density Mixed Use Neighborhood with the previous amendment to investigate the runway on the private air strip. Member Meyer seconded the motion. The motion was approved 4-0. Planning and Zoning Board Minutes July 1, 1999 P & Z Meeting Page 5 Project: The Greens At Collindale, Referred Minor Amendment Project Description: Request for a minor amendment to redesign the approved and partially constructed fence/wall adjacent to Lemay Avenue. The proposed fence/wall will consist of 16 foot sections of 5 foot high solid masonry panels with a stone cap top, separated by 6 foot masonry columns. Selected sections of the fence/wall will be shorter (45 inches) including a row of glass block between the masonry panel and the stone cap. 32 feet of the northern section will be open with wrought iron fencing. Recommendation: Approval This project was appealed to City Council and a verbatim transcript is attached. • MEETING OF THE PLANNING AND ZONING COMMISSION CITY OF FORT COLLINS, COLORADO Held Thursday, July 1, 1999 At City Council Chambers 300 West Laporte Street Fort Collins, Colorado In the matter of a referred minor amendment concerning The Greens at Collindale PUD Landsource, LLC, Applicant Glen Colton, Chair Jerry Gavaldon Jennifer Carpenter Judy Meyer Paul Eckman, City Attorney's Office Ted Shepard, Planning Department Peter Barnes, Planning Department Georgiana Deines, Planning Department Meadors Court Reporting, LLC Phone: (970) 482-1506 140 W. Oak Street, Suite 266 Toll -free (800) 482-1506 Fort Collins, Colorado 80524 Fax: (970) 482-1230 e-mail: meadors@frii.com K 1 MR. BARNES: Okay. The next item is -- item on 2 the discussion agenda, which is the Greens at Collindale 3 PUD, a referred minor amendment to the Board. 4 The Greens at Collindale PUD received final 5 approval from the Planning and Zoning Board October 28th, 6 1996. The project development was for 33 single-family 7 dwelling units. The preliminary and final plans were both 8 approved on the consent agenda items, the consent agenda, at 9 the respective Planning and Zoning Board meetings. 10 The approved plan that the Board considered 11 authorized construction of a six -foot -tall fence along Lemay 12 that was to be constructed of a combination of solid 13 masonry, six -foot -high sections and wrought iron open 14 sections. Or wrought iron open metal picket sections. 15 The developer has applied for a minor amendment 16 to revise the Lemay Avenue fence. The new fence would be a 17 combination of five -foot -high solid masonry sections and 18 45-inch-high masonry walls with a row of glass blocks along 19 the top of those 45-inch-high sections, but they would be 20 included in the 45-inch overall height. In addition, there 21 would also be a 32-foot-wide area of open wrought iron 22 fencing. I'll be going through some slides in a minute. 23 A neighborhood meeting was held on February 24 15th, 1996, for the purpose of presenting the proposed PUD 25 plans to the neighbors. The minutes of that meeting make no 3 • 1 mention of the fence, and since the project was approved on 2 consent, both preliminary and final, we have no 3 documentation in the record of whether or not there were any 4 neighborhood issues with regards to the fence. 5 There is one sentence in the staff report that 6 was presented to the Planning and Zoning Board about 7 providing a combination solid fence, wrought iron fence, 8 along Lemay for the purpose of enhancing privacy for the 9 residents and restricting or screening from noise. 10 The Land Use Code permits minor amendments to 11 approved plans, provided that the minor amendment request 12 complies with certain criteria that are in the Land Use 13 Code. This type of minor amendment request, since it's not 14 a plan that was approved by Planning and Zoning Board, is 15 required to comply with four standards before it can be 16 considered to be approved. 17 The first standard is that the minor amendment 18 has less than a one percent increase or decrease in the 19 number of dwelling units. That is not relative to this 20 particular minor amendment request. 21 Secondly, any increase or decrease in the amount 22 of square footage of a nonresidential land use or structure 23 does not change the character of the development. Again, 24 that is not relevant to this particular request. 25 Thirdly, any change in the housing mix or use V 1 mix ratio that complies with the requirement of the zone 2 district does not change the character of the development; 3 and again, they're not changing or proposing to change any 4 ratio of housing mixes. 5 And lastly, there is no change in the character 6 of the development. 7 Staff has determined that the proposed amendment 8 request complies with all of the four criteria in the Code 9 for minor amendment approval. We believe that it is not a 10 change of character. While the fence is one element of the 11 approved plan, it, of itself, is not the total character of 12 the development. In fact, it is complementary to the 13 architecture -- the proposed revision is complementary to 14 the architecture and other elements of the approved PUD 15 plan. 16 The Code section in question does not require 17 open fencing; and again, the previous fence that was on the 18 approved plan had sections, alternating sections, of open 19 metal picket fencing. The Land Use Code does not require 20 open fencing along arterials or collector streets, nor did 21 the Land Development Guidance System require that and the 22 Land Development Guidance System was the code in effect that 23 this particular plan was reviewed against. 24 When we consider other sections of the Land Use 25 Code that are relevant to the issues of privacy and 5 1 screening along arterial streets, staff believes that it is 2 not only not required but it is not the intent of the Land 3 Use Code to require open fencing. Rather, the intent is to 4 create a visually interesting fence that avoids creating a 5 tunnel effect. 6 And the Land Use Code section that we're 7 comparing the minor amendment request against to ensure 8 compliance, section 3.8.11(1) of the Code states that if 9 used along collector or arterial streets, such features 10 shall be made visually interesting and shall avoid creating 11 a tunnel effect by integrating architectural elements such 12 as brick or stone columns, incorporating articulation into 13 the design, varying the alignment or setback of the fence -- 14 of the fence or other similar techniques. The staff 15 believes that the proposed fence does meet -- meets those 16 criteria. 17 Let me just go through some slides to 18 familiarize yourself with the project and the proposed 19 fence. The -- to the east of the project right here is 20 Collindale golf course and also to the north. To the south 21 is Golden Meadows, a single-family residential subdivision. 22 on the west side of Lemay, you have Harbor Walk at the 23 Landings. 24 This is the proposed fence that would be located 25 along Lemay. You have five -foot -high sections of solid 9 1 masonry fence. I believe we have -- let me put up another 2 slide here. Yes. You have solid five -foot -high sections of 3 stucco fence, painted whitish in color; a concrete slab on 4 top, which resembles tile, similar to the roofing of' the 5 houses in the development; and the proposed fence, you would 6 step down to 45-inch-high sections here. Again, there would 7 be a row of glass block and also -- whoops -- and again, you 8 would have this same cap. On these five -foot -high sections, 9 the pillars are not quite six feet high. 10 This is a copy of the approved PUD. Here is a 11 rendering of what the approved fence was to look like. You 12 had the solid masonry fence in here and then you had open 13 metal picket fencing, and they were to be -- it's hard to 14 tell if they were alternating sections or if you had a 15 number of sections of open metal picket and then a number of 16 sections of solid masonry fence. But that was the fence 17 that was approved to go along here, six feet in height. 18 Here is Lemay Avenue. Here you see the 19 development in this area. There's several buildings that 20 are under construction or have been completed. They're 21 Mediterranean style in character. You have stucco -styled 22 roofs, and then you have the wall that goes along Lemay 23 Avenue. 24 This is at one of the entrances right here into 25 the development. The wall curves back into the entrance. C, • 7 1 And then even some of these sections, I believe, have, you 2 know, some step to them. They're not all at the same 3 height. 4 You can see, right here, different heights of 5 fences. And again, here, you have another view of the homes 6 that are within the development. 7 This is another entrance into the housing 8 development. There are two private road entrances off of 9 Lemay Avenue. I believe this section on Lemay would be the 10 32 feet of open wrought iron fencing. The Water Utility 11 Department is requiring that to be open in design. And 12 there's also a sidewalk that connects from Lemay Avenue into • 13 the development, so there will be some sort of opening or 14 gate in that wrought iron fence. 15 Again, this is the fence on Lemay. You can see 16 the median in Lemay that is landscaped. 17 Again, the staff is recommending approval of the 18 minor amendment. The code allows minor amendments to be 19 approved by the Planning Director or referred to the 20 Planning and Zoning Board for decision. The decision was 21 made to refer this to the Planning and Zoning Board due to 22 some neighborhood issues that were brought to our attention. 23 I'd be happy to answer any questions at this 24 time, if the Board has any. 25 CHAIRMAN COLTON: Peter, the fence is already • J 1 in, right? 2 MR. BARNES: Yes, for the most part. The 3 wrought iron isn't here. The fence that you had is not what 4 you would see. If the minor amendment request is approved, 5 a number of these sections, 17 or 18 of them, approximately, 6 would be removed and replaced with the 45-inch -- what you 7 see are approximately five foot high. 8 CHAIRMAN COLTON: Okay. Do you know if they'll 9 completely remove them or just redo them somehow? 10 MR. BARNES: Well, I don't know if they'll take 11 off rows of the block or how they'll exactly do that. But 12 what you see is not what they're proposing the finished 13 product will look like. 14 CHAIRMAN COLTON: Okay. Thank you. 15 Okay. In this case, I guess, we really don't 16 have like an applicant, but I guess we have a pro and a con, 17 right, so is there a group out there -- 18 MR. SHEPARD: You have an applicant. 19 CHAIRMAN COLTON: Oh. Landsource, LLC? Okay. 20 So that's the people who are building the fence, wanting the 21 fence? Okay. All right. Sir, you're representing them? 22 Okay. If you'd like to come forward. Do you have an idea 23 of approximately how much time you might need? A couple 24 hours? Okay. We'll cut you off in half an hour. 25 MR. WATSON: No, probably five, ten minutes. 9 1 I've got some slides. 2 CHAIRMAN COLTON: Okay. Great. I just wanted to 3 see -- is there a group, someone representing a group on the 4 other side as well? All right. Good. 5 Go ahead and give us your name and sign in. 6 MR. WATSON: Bill Watson. 7 CHAIRMAN COLTON: Be sure you talk into the 8 microphone. 9 MR. WATSON: Bill Watson, 2101 Sage Drive, Fort 10 Collins. I represent the developer. 11 And we're seeking redesign of our -- our fence 12 from the initial design because we believe it's got some • 13 advantages over the old design and that it is consistent 14 with the Land Use Code. 15 And I refer the Land Use Code as to the Land Use 16 Code's intent and purpose as it applies to our development 17 here of the Greens at Collindale, and that's to improve and 18 protect the public health, safety, and welfare by, number 19 one, encouraging innovation in land development; number two, 20 fostering a safe, efficient, and economic use of the land; 21 and three, improving the design, quality, and 22 characteristics of new development. And we believe 23 specifically that our wall fits in and integrates with those 24 specific parts of the Land Use Code. 25 So I'd like to show some slides about the fence 10 1 and explain how we think our fence complies with the Land 2 Use Code in all respects, plus I'd like to look at several 3 other divisions of the Land Use Code other than what was 4 already brought up. 5 The particular standard that was already brought 6 up was 3.8, and that's found in supplemental regs of the 7 Land Use Code. Also, we believe that transportation and 8 circulation addresses the issue in division 3.6, and site 9 planning and design addresses the issue in section 3.2. 10 So I'd like to start with section 3.8, with the 11 slides, and explain how we feel our proposed fence complies 12 with that. 13 Okay. I don't know. This isn't where number 14 one is. How do I get to number one? 15 Okay. Pushing it forward. Okay. Starting in 16 here, this is not a wall on Lemay. This is interior to the 17 development. And it's a wall that goes inside the 18 development from our model home, what you see there, to some 19 other lots. 20 So this is inside and interior to our 21 development, and I just wanted to show you the slide to show 22 you how it's very similar to the wall that we have out on 23 Lemay. we have the same pilasters that you see there, the 24 rose-colored pilasters. we have the same height, 25 approximately. And we have the concrete cap on top of the 11 1 wall. So in those respects, it's exactly like the wall on 2 Lemay. 3 And I hope you can see that this integrates with 4 the type of design that we have in our subdivision. If you 5 look at the walls of the home there, those are stucco walls 6 and the same color. I think I have a slide of -- can't see 7 it there, but our courtyards in our dwellings also are 8 formed with the same kind of design, pilasters and 9 courtyards, and they look very similar to the wall. 10 So the wall, what you see here on the left, is 11 the wall as it's leaving the south entryway and going to 12 Lemay. So it integrates -- the wall on Lemay integrates the 13 design of our entire subdivision. And that's why we feel 14 that, as part of the Land Use Code, this would be -- the 15 wall as we've proposed on Lemay would encourage innovation 16 of design, but there isn't a design like this in Fort 17 Collins. we think it's unique. We think it's without -- 18 without rival, as far as its beauty, its design, its 19 attractiveness, and the way it integrates with our desired 20 development. 21 One of the things that the Land Use Code says is 22 that its intent is to foster the safe and efficient and 23 economic use of the land. One of the problems along this 24 particular part of Lemay has been accidents where cars have 25 gone into residences. And what you're looking at here is 40 12 1 heavy steel, gauge steel, that was installed in this 2 neighborhood on the same side of Lemay as our development, 3 just about a block south of our development. 4 There are more sections of this heavy gauge 5 steel even further south, because of the accidents that have 6 happened along this particular section of road where cars 7 have left the highway and gone into houses. And there has 8 been, in the past, serious injury involved there. 9 We feel one of the benefits of closing our wall 10 from the previous design would be to at least maybe not 11 completely stop an automobile that would leave Lemay but at 12 least it would certainly impede it. So we feel we're adding 13 safety in our design as well from our previous design, 14 because of the problem. So if we can slow down an accident 15 or if we can somehow eliminate an injury because we have the 16 wall there, I think that's a great benefit. 17 Right here is the section of wall where last 18 December we had an accident. This wall has been repaired 19 once already. So we've had an accident on our property with 20 the car leaving the highway and going right through this 21 wall. And this is the particular section of wall where it 22 happened. 23 We feel that as regards to section 3.8 and 24 the -- and our compliance with that section, that our 25 compliance really focuses on the northbound traffic on 13 • 1 Lemay. What I'm showing you here is the southbound lane, 2 and you can see the wall is pretty well obstructed by 3 existing vegetation. And where I am here with this slide is 4 on the north part of the wall. And I'm heading south with 5 the next six slides. 6 So you can see the kind of vegetation that is 7 involved that already exists as we're heading south. 8 This is the south entryway of our development. 9 And you can see where the wall ends a little bit further on 10 the south. 11 One of the things that we tried to do with this 12 design is make it visually interesting. And that's one of 13 the criteria, the standard, that the wall be visually 14 interesting. 15 And we think that it is, and we think this is a 16 depiction of that, where we have pilasters about every 16 17 feet so the wall is in 67 different sections for its entire 18 length. On top of the wall is concrete that is colored, and 19 it looks like tile. 20 And then we have the pilasters that are finished 21 with an elastomeric stucco, and they're rose-colored, and 22 they're -- the colors of the pilasters are -- match the top 23 the of the pilasters and the wall. So we think this is a 24 visually interesting wall because although it follows the 25 property line of our development, you can see that it curves 14 1 along with the curves of Lemay. 2 And you can also see that, maybe not as clearly 3 here, but it does vary in elevation as the sidewalk varies 4 in elevation. Because if you walked along that sidewalk, it 5 would vary in elevation. So our wall also varies in 6 elevation. So our wall goes up and down and follows the 7 curve along South Lemay here. 8 This is a slide to show you some of the existing 9 vegetation in the area of the wall. And how the vegetation 10 integrates with what we are proposing. 11 This shows you some of the additional 12 architectural feature that we have here with the red rock. 13 This is looking back to the south of Lemay. 14 One of the things that we've done to make the 15 wall visually interesting is we've put a logo. This is our 16 logo on the north entryway of our development. 17 This is an address sign on the south area of our 18 development, along with some curvature in the wall to make 19 it visually interesting. 20 And then this is a sign that we have on the 21 north wall of our south entryway. The sign is lit, and it 22 glows at night like a neon sign, and it's quite large. So 23 one of the first things that attracts a person's eye as a 24 motorist going north on South Lemay is this sign. Again, 25 more -- more artistry that we've tried to incorporate within 15 1 the wall. 2 This is a depiction of primarily the additional 3 rock that we've added as an additional architectural feature 4 and some of the mature vegetation that you can see that 5 already exists. And if you look to the right of the wall, 6 that's vegetation close to the wall that we, as developers, 7 have installed. 8 This is an example of how the wall is stepped 9 down or stepped up. It is already existing that way in nine 10 different locations to add variety to the wall. 11 This has already been shown, but this is the 12 area to the north, of our north entryway, as the open area. 13 Approximately 32 feet. And Mr. Barnes already described 14 that very well, I think. 15 This is our south entryway. 16 And I took this picture as a discussion point, 17 if it comes up later, about the word opaque that's found in 18 the standard versus nonopaque. So we can come back to this 19 later, if you want to. 20 Okay. I think that concludes my slides for this 21 portion of it. And hopefully, that will give you a good 22 picture of what we have there with the wall, what we're 23 trying to do, what our concerns are regarding the wall, is 24 that it does comply. 25 We think it complies because it's visually • 16 1 interesting. We don't believe it creates a tunnel effect. 2 And we think we have the opacity requirements as required by 3 section 3.8, by proposing new sections to be lowered with 4 glass block on top of those sections and then the cap on top 5 of that. We think that would -- that would add even more 6 variety to the wall. 7 And those sections will be in areas where the 8 lowering of the wall would not affect the privacy of our 9 subdivision or the noise as much of our subdivision. We're 10 proposing to do that on the north part of our subdivision, it where we have a park area. And so we wouldn't be right next 12 to a lot. 13 one of the things I want to point out that is 14 important -- and let me just go back -- let me go forward 15 here. 16 This is a picture on the west side of South 17 Lemay, looking south. And this is a berm, and above the 18 berm to the right there is Harbor Walk Estates. Harbor Walk 19 Estates sits above South Lemay, and I'm not sure of the 20 elevation. It's probably at least 10 or 12 feet to the road 21 above South Lemay. 22 And what I want to point out is the property 23 lines that you saw, the wall that you saw, is on the 24 property line of the lots. We have nine lots that abut 25 South Lemay. Those property lines are right where -- where • 17 • 1 you see the wall are the property lines. 2 The flow line or the back of the curve of South 3 Lemay is 15 feet from our property line there. 15 feet. We 4 have -- in some places along our wall, we have 15 feet of 5 easement, so a person could be 30 feet from the actual curb 6 of South Lemay, potentially, if -- if they didn't have a 7 wall between them. 8 And it would be equivalent -- if you would look 9 at this slide, it would be equivalent to having the property 10 line right on the sight side of that sidewalk as you see it, 11 to give you a perspective of how we are situated relative to 12 the other side of the street. • 13 So that -- that shows you how close the property 14 lines are to South Lemay on our side. That's why -- why we 15 need a wall with as much opaqueness as possible. 16 Okay. I think that concludes my presentation. 17 Do you have any questions? 18 CHAIRMAN COLTON: I don't think we have any 19 questions right now. We've had the suggestion that we take 20 a quick break to stretch your legs and so forth. So we'll 21 be back in ten minutes, and we'll hear from other folks. 22 Thanks. 23 (Recess.) 24 CHAIRMAN COLTON: Okay. Welcome back to the 25 Planning and Zoning Board meeting. It's now time for • ou 1 neighborhood input. And is there one organized -- are you 2 all together or -- okay. I'll give the four of you up to 3 half an hour to give your presentation. Okay. So when you 4 come forward, please let us know who you are and sign in. 5 MS. McGINNIS: My name's Nancy McGinnis, and I'm 6 president of the Harbor Walk Homeowners Association. And 7 I'm here representing the group and myself. Too loud? Too 8 loud? Can you now? 9 Okay. Well, I appreciate a chance to be here. 10 I've never been to a meeting like this before. Two years 11 ago, my husband and I bought a lot on Harbor Walk Estates, 12 right across the street on Lemay; and before we bought it, 13 we sat up on our lot every night and wanted to see how the 14 traffic on Lemay sounded. And it was really quiet. It was 15 just like we were in the country. And we bought our lot and 16 we built our house. We knew we were on a busy street. 17 It wasn't too long before the wall across the 18 street went up and the development went up. And at that 19 time, the sound level from Lemay really went up. It was as 20 if the cars were going down Lemay, the sound bounced off the 21 wall and came right up. We heard sounds we'd never heard 22 before. 23 And we knew the wall was going to be there, and 24 we tried to put trees and rocks up at our house now that 25 we're living there permanently to help the sound of Lemay • 19 1 not sound in our house; and furthermore, our whole 2 neighborhood has, for the houses that are down lower on 3 Lemay. And we've tried to block the sound. 4 Well, one morning I was going to school, and I 5 leave, and the fence all looks the same, and when I come 6 home that night, all the open spaces that we've been waiting 7 for the wrought iron to come was filled up with block. It 8 was already done. The whole thing's blocked all the way 9 down. 10 And now in the back of our house, which is clear 11 on the lake, when the cars go down Lemay with their radios 12 playing and everything, you can hear the vibrations in the 13 music clear through our whole house to the back of our 14 house. It's like it's bouncing off the wall and bouncing 15 right into our house. 16 And we knew we'd bought a lot on Lemay. We all 17 did when we bought it. But the level of the noise on Lemay 18 has just gotten more and more. And when the last of the 19 wall was blocked, it was just every sound from down below 20 comes right up all up and down our street. 21 And it's made a tremendous difference in our 22 house. We never heard any sounds, and even with all the -- 23 we don't have any windows that open on the front of our 24 house on Lemay, so all of that is through the whole house to 25 the back where our bedroom is. And as the cars go by and 20 1 the music's playing in the cars, we can hear it clear 2 through our house now. 3 And I wouldn't usually come to a meeting like 4 this, but I really, really feel that the extra block that 5 blocked that wall has made the sound much, much worse at my 6 house, and I know my neighbors down the street has heard the 7 same thing. It's just as if all the traffic on Lemay 8 bounces off the wall and comes up. And it's like we're in 9 the middle of the city; even though we sort of built in the 10 middle of the city, it wasn't like that before. All the 11 holes in the wall were blocked up. 12 So on behalf of all of us who live up there, I 13 hope you would consider that. I didn't know that you 14 already block a wall when it's a proposal, that you already 15 do the work before anybody has a chance. It's already 16 blocked in, and it's already six foot high. So I appreciate 17 you listening to me, and hope you'll consider what I had to 18 say. Thank you. 19 CHAIRMAN COLTON: Thank you. 20 MS. O'DELL: Hi. I'm Corky O'Dell. I live on 21 Harbor Walk Estates as well, right up above the -- Lemay. 22 And I have some packets to hand out to you, and then I'll go 23 through them, and I also have some for you. 24 This is unusual for me to be on this side of the 25 microphone. I served on your Board for eight years and 21 • 1 served as the chairperson for two years, so I really 2 appreciate the time and effort you put into this, and I 3 appreciate you letting us have an opportunity to speak to 4 you. 5 First of all, I want to go through a little bit 6 of the history of the wall and our neighborhood and how it 7 relates to the wall. 8 We -- first, I want to stress that this is not a 9 payback in any way. It's not a neighborhood feud. We -- we 10 were turned down for a sound wall ourselves several years 11 ago, but this is in no way any retribution for that. It's 12 only to just ask you to please approve the old plan, the • 13 original plan, and not allow this new amendment to go 14 through, and I'll cite the reasons why. 15 This was an issue about three and a half years 16 ago, and at that time, as I mentioned, we weren't homeowners 17 at that point. However, the developer in our neighborhood 18 association did propose a sound wall, which I, as mentioned, 19 was turned down. 20 At that time, we were also given assurances of 21 what the wall across the street would look like. And how it 22 would impact us. Because there was an approved plan at that 23 time for the Greens at Collindale. 24 And what that plan was -- and I will show that 25 to you in just a minute -- was, as defined earlier, was 22 1 basically some solid section and then some open sections of 2 wrought iron with the vegetation behind the wall which would 3 soften the effect of the wall. So even though this has been 4 referred to you as a minor amendment, to us, there's nothing 5 minor about it at all, and I think noise is certainly one of 6 the major issues for us. 7 So anyway, I'll go through the history. It's 8 important to understand the Greens fence was designed and 9 approved as it was, why it was designed that way. And what 10 we have here is a chronology that has, side -by -side, Harbor 11 Walk Estates, which is our neighborhood, and the Greens at 12 Collindale and where the different approvals and proposals 13 were made during that time frame. 14 The developer of the Greens objected to the 15 Harbor Walk Estates sound abatement wall, and Planning and 16 Zoning Board denied it. In that process, Mr. Little, who at 17 that point was representing the Greens at Collindale, touted 18 his design as the right way to design a fence, because it 19 was attractive but would not reflect noise and did not 20 create that air of exclusiveness and separateness that he 21 said that a solid wall would create. 22 And this is our reason also. There's a letter 23 from Mr. Little, right after the chronology, and his 24 feelings about our wall at that point. And he said 25 something about, it's unfortunate for them if this wall were 23 1 to increase the level of traffic noise as a result of a 2 ricochet effect from Lemay traffic. And then he said that 3 our wall should have breaks in it, a short wall directly in 4 front of the housing units and then open, using wrought 5 iron, connecting each solid section. Exactly what he 6 originally proposed, he was asking that we do as well. 7 The Greens design of alternating solid masonry 8 and metal pickets was approved, but when it was time for 9 construction, they blatantly disregarded the approved design 10 and built, essentially, a solid wall. So in the summer of 11 1998, as Nancy mentioned, we noticed increased traffic 12 noise. And the developer at -- or the builder at that point 13 had constructed a wall which had some openings in it but not 14 as many as had been originally designed. 15 Last winter, interestingly, on President's Day 16 weekend, starting on a Friday afternoon and finishing on 17 Monday afternoon, the remaining sections that had been left 18 open were filled in. And so the day after the President's 19 Day weekend, we complained. 20 The developer was notified that he was in 21 violation, and I came in and asked for an amendment to his 22 PUD. The building inspector denied the amendment request, 23 citing the land use -- citing land use. The Greens at 24 Collindale -- let's see. Excuse me. 25 Anyway, the Land Use Code is written here, 24 1 Section 2.2.10(a) and 3.8.11(1). The developer then made a 2 second amendment request with an alternative fence design, 3 which we're seeing this evening -- I'm sorry. A second one, 4 I don't know what that design request was, but it also was 5 denied. 6 And then they were cited for a zoning violation 7 because they were not in compliance with their approved 8 plan; and then the Planning Director referred, which I 9 believe was the second plan, to the Planning and Zoning 10 Board, and that's why we're here tonight. 11 Next, I'd like you to look at the approved 12 landscape plan, and that's this. And I have highlighted the 13 sections. The bigger one is the approved PUD. The smaller 14 one is the plan that they're proposing right now. I've 15 highlighted sections along there. The pink sections on both 16 plans correspond to solid wall. The green sections on both 17 plans correspond to open wall. 18 And so you can see that the approved plan and 19 the one that's in effect right now had considerably more 20 open sections and an opportunity, you'll see, that there was 21 a lot of plantings behind the open sections to give the wall 22 a very nice, softer look than the solid wall that you saw on 23 the slides earlier. 24 Also, I have a letter from Linda Ripley that's a 25 little bit further back in your packet. V.F. Ripley and 25 • 1 Associates. And she said that she feels the original plan 2 was very explicit about where the open sections were and the 3 solid wall sections were to be located and the dimensions of 4 those. So I don't think there was any question about what 5 was originally proposed and approved. 6 So what we see is a drastic reduction in the 7 open sections of the fence. Plus no opportunity for 8 landscaping within the fence to soften the look of the 9 fence. 10 And I've given -- on the -- I've also given you 11 a copy of the Code sections that we would like to cite in 12 the Land Use Code, and the first one is under the LUC; the 13 only standard for judging a minor amendment is that the 14 amendment must continue to comply with the standards of this 15 Land Use Code or at least to the extent of its original 16 compliance. 17 So we have to compare the proposed amendment to 18 the LUC provisions that speak about fences. So I want to 19 look at some of the ones more directly applicable and the 20 only ones used by staff. 21 The first one is 3.8.11(a) concerning fences. 22 And it says, the purpose of this standard is to avoid the 23 tunnel effect along arterial streets, and several design 24 suggestions are given. There's not one mandatory 25 requirement. It's not required to be solid; it's not W 1 required to be nonsolid. However, we want to not have that 2 tunnel effect. 3 Proportion. Means a maximum 50 feet of solid 4 fence for every 75 feet fence link. And this is the 5 worst -case example that in no instance should be exceeded. 6 And it is a minimum standard according to LUC, section 7 1.2.0. 8 The proportion of 50 feet to 75 feet, so 50 feet 9 of solid wall and 25 feet of open wall is two -to -three, or 10 66 percent. And we can see that the approved plan, if you 11 look back -- you can probably find it faster than I do. 12 They say approved fence, proposed fence, and proposed fence, 13 whether you count glass block as solid or not solid. 14 The approved fence has 66 percent open and 34 15 percent solid, exactly what the Code requires. The proposed 16 fence is more like 97 percent solid and three percent open. 17 And even if you consider glass block as not being solid, 18 which to me, means it's pretty darn solid if you try to 19 punch it, the solid section would be only 68 percent and the 20 glass block section 32 percent. So again, far below what is 21 required in the Land Use Code. 22 I want to look at some other applicable sections 23 of the Land Use Code. Section 3-2-1(h), landscape elements 24 must enhance visual continuity between neighborhoods. 25 3.2.1(n), alternative landscape plans must 27 1 enhance neighborhood continuity and connectivity. I -- Mr. 2 Watson showed us how well the fence connects with the fence 3 inside his development proposal he -- proposed development, 4 but it does not connect with the rest of the neighborhood. 5 3.5.1(b), landscape plan must be architectural 6 compatible -- architecturally compatible, achieved with 7 similar relationships to the street. This is totally 8 separating the Greens from Lemay, is very dissimilar from 9 directly across the street where we live. 10 3.6.2(e) recognizes the desire to buffer 11 nonconforming lots, do not meet the depth requirements of 12 the City. What it says is it has to be -- the depth • 13 requirement needs to be, I believe, 150 feet, and because 14 this doesn't meet that requirement, it needs to be buffered 15 in some way, but it doesn't prescribe a solid fence as a 16 solution. 17 So even if you believe that the Land Use Code 18 should be interpreted as the way staff did and that this 19 amendment complies, you cannot ignore the fact that the 20 original design exceeded the Land Use Code standards and 21 that under the minor amendment section, any change to the 22 approved plan would have to comply at least to the same 23 extent. And this amendment does not improve the fence 24 design, and therefore, does not meet the minor amendment 25 standards. 0 28 1 And as far as the comprehensive plan, if you 2 look at -- again, it's in the Code section that I was just 3 referring to a little while ago. Principles and policies, 4 neighborhoods, page 145. 5 Apply to -- it says, they may be -- have 6 relevance to existing neighborhood if there is an 7 opportunity to in -fill, update, or improve particular 8 situations. So this is an in -fill project, and it does not 9 relate in the same way to our neighborhood, as our 10 neighborhood is. 11 Residential developments, the next -to -last 12 section. The intent is for residential developments to form 13 neighborhoods that evolve to be part of the broader 14 community, avoiding separate subdivisions or a free-standing 15 individual complex attached to the community mainly by an 16 entrance for auto traffic. 17 Then again on existing neighborhoods. The City 18 will continue to ensure that neighbors will be advised of 19 any changes and be requested to comment. Stated preferences 20 of neighbors will be considered in determining acceptable 21 intensity and character of in -fill and redevelopment. In 22 determining the acceptability of changes to parcels of land 23 adjacent to existing residential developments, the adjacent 24 residential preferences will be balanced with community -wide 25 interests. 29 1 And then in the last one, for parcels under 20 2 acres, such in -fill and redevelopment activity will be 3 supported if designed to complement and extend the positive 4 qualities of surrounding development and adjacent buildings 5 in terms of general intensity and use, street pattern, and 6 any identifiable style, proportion, shape, relationship to 7 street, pattern of buildings and yards, and patterns created 8 by doors, windows, projections, and recesses. 9 The Land Use Code says that a minor amendment 10 cannot be approved if it changes the character of the 11 development, and we believe this change, this proposed 12 amendment, drastically changes the character. There's no 13 openness, no continuity, no connectivity that was so 14 important in the process of approving it. It walls off the 15 subdivision and separates it from the rest of the 16 neighborhood; and it seems very exclusive in nature, 17 contrary to the first design, which I think was more in line 18 with the community vision of connectivity of neighborhoods. 19 And in addition, there's no softening of the facade with 20 landscaping. 21 We've located evidence of a noise study done in 22 1996 when Harbor Walk Estates proposed a sound abatement 23 wall, and these copies came from the Planning Department's 24 file on the Harbor Walk Estates sound wall. The evidence 25 shows two things, and you'll look at these. all 1 one, the noise level on Lemay is already higher 2 than what the City Code would permit in residential area -- 3 use areas. The maximum noise levels allowed under the City 4 Code would be 55 decibels during the day and 50 decibels at 5 night. The study indicated that the noise level to be about 6 68 decibels over any allowable limit, and that's probably 7 what Nancy McGinnis is hearing with those thumping cars. 8 And second, the noise will reflect off a solid 9 wall in an upward direction, right at the Harbor Walk 10 Estates homes. And you can see that, in this diagram, 11 particularly, where there's a wall here, which would be just 12 like the Greens at Collindale, and then the projected wave 13 is up towards our homes. 14 And I really ask you to not allow this wall, 15 which has already increased the noise to our homes, 16 especially after you disapproved our wall, which would have 17 given us some protection. And it would not be fair to 18 worsen the situation for us and protect them from the same 19 noise. 20 Visually, we believe that the wall proposed will 21 not be attractive or visually interesting as required by the 22 City Code -- the Code sections we referred to earlier. 23 Furthermore, the shorter sections are not different enough 24 from the solid wall to create any variety. The wall will 25 contribute to the canyon or tunnel effect that the City is 31 1 trying to avoid. 2 The Greens fence design was approved before the 3 final ruling on the Harbor Walk Estates sound abatement wall 4 and prior to anyone living at Harbor Walk. When purchasing 5 in such a unique location, we were all curious as to what 6 would surround our properties. We were assured that -- the 7 quality and attractiveness of the Greens project across the 8 street when we saw the plan. We were also comforted that 9 the fence approved for the Greens would only minimally 10 reflect traffic noise because it was mostly open fencing. 11 Having made our purchases and made our permanent homes here, 12 we believe it is unfair at this point to face these kinds of 13 things. U 14 When you review the evidence, including the 15 history, interpretation, questions about the Code 16 provisions, and the comprehensive plan policies and the 17 negative effect on the character of the Greens on our 18 neighborhood, it's clear that the requested amendment should 19 be denied and that the Greens should be required to build 20 the fence that has already been approved. 21 Thank you. And I would like to, if I can -- I 22 don't think we've run over our time, I'd like to have a few 23 minutes, if Mr. Watson is able to -- if Mr. Watson is 24 allowed a rebuttal, I'd like a couple of minutes myself. 25 One thing I would like to add in response to Mr. �1 U 32 1 Barnes' presentation, he mentioned that there was no mention 2 of a fence during the neighborhood meetings, and probably 3 because there wasn't a problem with the fence. The way it 4 was proposed was excellent. 5 Also, Mr. Watson's presentation -- again, I 6 mentioned that, certainly his wall is consistent within his 7 own small subdivision but not within the larger area. 8 And he also showed us quite well with his slides 9 how close the wall is to the sidewalk, not allowing any kind 10 of greenery or buffering of the solid wall fence. 11 If you have any questions, I'd be glad to answer 12 them. 13 CHAIRMAN COLTON: Do you have someone else in 14 your party who -- 15 MS. O'DELL: No, I'm it. 16 CHAIRMAN COLTON: Oh, you're it. Okay. Well, 17 why don't you go ahead. Conclude your -- and see if anyone is else wants to -- 19 MS. O'DELL: Unless our neighbors -- 20 CHAIRMAN COLTON: All right. 21 MS. O'DELL: Our neighbors here. I'd like to 22 mention that there are six homes up there right now and four 23 of us are here tonight. I think that's pretty good 24 representation of our neighborhood. Thank you. 25 CHAIRMAN COLTON: Okay. Not seeing anyone else 0 33 1 in the public, I'll close the public input. What's that? 2 Yeah. I'd like to go ahead and let the applicant give some 3 rebuttal, if he would like; and if you bring up any new 4 issues, we'll let the neighbors get some surrebuttal. We'll 5 give you up to like five minutes. 6 MR. WATSON: I guess I'll just refer back to the 7 slide. How would you like to have your property line right 8 there on the west side of that sidewalk on the right of it? 9 That's what we're dealing with. You can't compare an apple 10 with an orange. 11 The comparison was us versus them, and their 12 situation is a lot different than our situation. And 13 there's different reasons that their wall was denied. I 14 don't know what they were. I wasn't involved with that. 15 But I do know what we have today. And if you 16 look at that sidewalk, and we put our property line right on 17 the west side of that, that's how close we are to Lemay. 18 We're within 15 feet. And let me ask you or ask her, would 19 she like to have her back yard open to the traffic on Lemay? 20 And we all -- you know, we all want as much 21 noise -- freedom from the noise as possible. I think they 22 have a distinct advantage. They have an earthen berm. And 23 as far as I know, just because there's some purported, some 24 alleged study done that shows how sound went off -- went off 25 a wall, that doesn't prove anything -- that doesn't prove 34 1 anything to me. Because there wasn't any specific study 2 done on our wall. She referred to a study done in 1996. 3 Well, that doesn't -- that's not a study about the present 4 situation. 5 But I just -- the advantage they have is they 6 have an earthen berm that -- to the south that's about six 7 feet high. As you go north on Lemay, it gets to about 12 or 8 15 feet high above the roadway. And then they have about a 9 34-, 35-foot street between the berm and their property 10 line. And then they have their setback. So there's a lot 11 of distance between them and the noise. And I don't think 12 you can point to an old study and say, this is the way it 13 is, because our wall never existed at that time. 14 So I think, as far as the issues of 15 connectivity, I'm going to -- I'm not exactly sure what that 16 means, but we have a hundred foot right-of-way on Lemay 17 separating their subdivision from our subdivision. We have 18 a major arterial separating their subdivision from our 19 subdivision. 20 And what -- what would the connectivity be 21 between their subdivision and our subdivision? What kind of 22 transition are we supposed to provide to connect their 23 development with our development? When we're separated by a 24 hundred -foot major artery in the city of Fort Collins with a 25 lot of heavy traffic. So I don't understand where we've 35 • 1 created a problem with connectivity. 2 And as far as the initial design goes, the 3 initial design was a mistake. We had -- we had too much -- 4 too much open area there, because after re-evaluation and 5 the safety situation, it makes a lot of sense to have that 6 wall closed, just from that standpoint. 7 If you look back at the slide I had regarding the 8 heavy -gauge steel, that's no minor approach to safety 9 issue. It's a -- it's a huge, heavy -gauge steel fence right 10 in front of a residence. And I can prove that we've already 11 had an accident on our wall. And if that was open and it 12 was next to a residence, somebody could be killed. So, you 13 know, I -- the wall isn't going to prevent an accident, but 14 it may slow a vehicle down. It may prevent injury. That's 15 all I'm saying. 16 And just to keep in mind the existing standard 17 of 3.8.11, it does not require walls to be open. The 18 standard as quoted was -- the quote wasn't finished, as far 19 as the standard goes. Because the standard allows for a 20 proportion thereof. 21 As far as how much nonopaque is there in relation 22 to opaque. The standard does not say that part of the fence 23 has to be open. It says part of it -- it says that a fence 24 could be nonopaque versus opaque. But it doesn't say that a 25 fence has to be open. It does not -- the word "open" does • 36 1 not appear there. And there's a big difference between 2 "open" and "opaque" or "open" and "nonopaque." 3 I'm curious how all the neighbors weren't 4 concerned about the initial design when, if their -- if 5 their house was opposite a solid section, the sound's going 6 to rebound off of solid section and hit their house if 7 they're opposite a solid section. 8 So, you know, if -- if that solved the problem, 9 then it might make sense. But the wall had -- on the 10 initial design, it had solid sections as well. So that 11 would still have created, according to them, a noise 12 problem, and why didn't -- why didn't they protest it then? 13 Because if there's any solid section, there would be a noise 14 problem. 15 CHAIRMAN COLTON: Mr. Watson, if you could wrap 16 up. 17 MR. WATSON: Okay. And she mentioned a letter 18 from Linda Ripley about something, and I -- she didn't refer 19 to who that was. I don't know who that is. Okay. 20 CHAIRMAN COLTON: Okay. 21 MR. WATSON: Any questions? 22 CHAIRMAN COLTON: Why don't you have a seat, and 23 then we'll ask all the questions together. Thank you. 24 Okay. And if the neighbors would like a couple 25 of minutes. Just try to respond to the things he brought up 37 • 1 and not previous information. 2 MS. O'DELL: First of all on the issue of, the 3 safety issue, this is quite a bit different than the 4 sections that are further down on Lemay. There's a much 5 sharper curve there. Some of the time, particularly at the 6 southernmost section of Lemay, where there's that larger 7 barrier, it's from cars that are traveling southbound and 8 actually don't make the turn and go all the way across the 9 northbound traffic into the fence. That wouldn't happen in 10 this situation because there's a median on Lemay. 11 Also, the one accident that did happen was in 12 January 24th, 1999. It was an older woman, 74-year-old • 13 woman, who slid on the ice. That could happen anywhere in 14 town. 15 Linda Ripley is a landscape architect and has 16 her own firm in Fort Collins. 17 Also, the -- as far as the -- the graphs I was 18 using, it was from Armando Ballofet's presentation. He's an 19 engineer, sound, specializes in sound and noise. However, 20 this did not come from -- he did not create this. This is 21 from the Housing and Urban Development, the Noise 22 Guidebook. So it is a standard -- standardly-accepted way 23 to see how noise bounces off solid walls. 24 And another reason why we didn't object to the 25 original wall is because none of us lived there at that 38 1 point. That was before any of us moved in. Thank you. 2 CHAIRMAN COLTON: Thank you. Okay. Now it's 3 time for questions from the Board. 4 MS. MEYER: One of my concerns is the sidewalk, 5 where they want to put the wrought -iron gate. I have a 6 question about that. Why do they need a gate on the 7 sidewalk? Does anybody have an answer to that? Bill, can 8 you address that? 9 MR. BARNES: I'm not sure if they need a gate. 10 I'm not aware if they do or not. 11 MS. MEYER: Then why do we want one? 12 MR. WATSON: The purpose of that was to allow 13 pedestrian traffic from the development to a sidewalk. 14 MS. MEYER: I understand that, but why are we 15 putting a gate across it? They talk about putting a gate on 16 there, and I'm trying to figure out -- 17 MR. WATSON: Oh, it's a -- the design is a 18 wrought -iron picket design with a gate as part of that, 19 within that -- within that section of picket. So the gate 20 would be -- look like the wrought -iron design as well. But 21 you can open and close a portion of it. So it would look 22 just like -- 23 MS. MEYER: I understand what it's going to look 24 like. Why does the gate have to be there? 25 MR. WATSON: If the gate wasn't there, then the 39 i people that wanted to enter the subdivision that were on the 2 sidewalk would have to walk around to the north entry. 3 MS. MEYER: So you can't just leave it without 4 the wrought iron? You have to put the wrought iron there? 5 You can't just leave this hole in the fence so people can 6 enter it without the wrought iron there? Is there a safety 7 issue here or is there some -- a MR. WATSON: It's a design issue, that a wrought 9 iron design would look much more attractive than just a 10 hole, just an open area there. 11 MS. MEYER: Okay. 12 CHAIRMAN COLTON: Ms. O'Dell, on the -- you've 13 got a quote from Mr. Little. I'm just wondering where you 14 got that quote. It sounded like a quote. i5 MS. O'DELL: There was a letter from him in your 16 packet. Sorry. It'll take me a second to find it. 17 CHAIRMAN COLTON: Okay. I'm looking through is here. 19 MS. O'DELL: It's the third one down. I talked 20 about having breaks in the wall and things like that; is 21 that correct? And I said it would be unfortunate for them 22 if this wall were to increase the level of traffic noise. 23 Is that the quote? 24 Okay. That was a letter that Mr. Little wrote on 25 behalf of Landsource, LLC, to the City of Fort Collins • M 1 Planning and Zoning Board in response to our proposed wall. 2 Sound wall. 3 CHAIRMAN COLTON: 'Okay. The way you said the 4 quote, I thought it was -- he was talking about the wall or 5 fence on his development. Not on the Harbor Walk side. 6 MS. O'DELL: Right. I'm sorry. He did -- and I 7 wish I had the minutes of the Planning and Zoning Board 8 meeting at that time. He did, in his testimony, indicate 9 that our wall should be the same as their wall, with breaks 10 in it. So he was touting the wall that they proposed 11 originally. 12 CHAIRMAN COLTON: Okay. Thank you. 13 MR. GAVALDON: Mr. Watson, please. 14 MR. WATSON: Yes, sir. 15 MR. GAVALDON: Okay. I have to agree with 16 Jennifer, to try and understand. I'm going to probe more 17 why the gate -- why that opening has wrought iron pickets 18 and your other design contained them throughout. 19 Is that a carryover to the old design, or is that 20 just something you want to add in, but yet you tout solid 21 walls, stepped, but this area is -- why it's going with the 22 gate, and I'm struggling with it, and I'm struggling with 23 all -- some other aspects, but I want to focus on this one. 24 MR. WATSON: Well, it was part of our design. 25 We thought it would look attractive. The City, to the -- I 41 1 believe it's -- could be north of that particular area where 2 the sidewalk is, has required us to open that for 3 maintenance. 4 Originally, the sidewalk was designed to allow 5 the City of Fort Collins to maintain our water valve that 6 they have there. And so the City required that we couldn't 7 close that in. And so we felt it would look attractive and 8 it would be -- just an attraction that had a metal picket 9 there. We can't close it off because of the City. That's 10 their requirement. 11 And the sidewalk is going to be part of access 12 to that water valve, and so we -- we thought if we have to . 13 leave that open, then let's put a gate in there so 14 pedestrians from our subdivision can access the sidewalk 15 without going out through one of the entryways that is used 16 for vehicular traffic, because there's no other pedestrian 17 access in that area. We have a sidewalk on the southern 18 entry that accesses the subdivision, but on the northern 19 part, we don't have a sidewalk that -- on the north 20 entryway. We just have curb and -- curb and gutter. 21 MR. GAVALDON: Okay. I'm still struggling with 22 it, but I'll let that go and give a view later on it. 23 I want to talk about continuity, similarity, not 24 just your development, but similar developments, south, 25 north, east, and west. 59A 1 And you did a very good job comparing and 2 contrasting to your development. I'll compliment you on 3 that. However, was there any thought and consideration in 4 blending with the rest of the community on Lemay, across, 5 south and north -- 6 MR. WATSON: Blending with the community? 7 MR. GAVALDON: Blending the fence -- I call it a 8 fence versus a wall. It's a fence. Can you explain why you 9 did not consider such features? 10 MR. WATSON: Well, our subdivision is -- we've 11 tried -- you know, if you -- I'll go back to the Land Use 12 Code that encourages innovative design. 13 MR. GAVALDON: I agree with you there. 14 MR. WATSON: Okay. So this is part of our 15 innovative design, having a wall there rather than a fence. 16 Because it integrates with the Mediterranean style of our 17 units there. It all ties together. And I don't -- I don't 18 know how we can connect with Harbor Walk, which is elevated 19 above Lemay, with some of our design -- go ahead. I'm 20 sorry. Go ahead. 21 MR. GAVALDON: No, I'm listening, and I'm getting 22 ready for the next one. I hear what you're saying. But how 23 about south? 24 MR. WATSON: How it would connect with the 25 south? 43 1 MR. GAVALDON: Yeah, blend in and show 2 continuity? Because south, at the Golden Meadows, have 3 similar constraints you have. Unfortunately, they're on a 4 curve, and that causes accidents because there's no median. 5 However, you have median relative where they have -- you 6 have similar constraints, but your design is such a sharp 7 contrast. Was there any thought given in blending? 8 MR. WATSON: Well, I think each subdivision has 9 its own characteristics. And one of the -- one of the 10 things is to maintain the characteristic of our subdivision, 11 and we do that with the wall. 12 And the southern part, our residences would butt 13 up against the back yards of the Golden Meadows residences. 14 So the wall -- the wall isn't even an issue there. Am I 15 misunderstanding your question? 16 MR. GAVALDON: Well, if you look at the site map, 17 you have your subdivision. You have your type of design. 18 Unfortunately, got a guardrail there. Whoops. We've got 19 that. 20 M.R. WATSON: Okay. That's south of our 21 subdivision. 22 MR. GAVALDON: Yes. 23 MR. WATSON: Okay. 24 MR. GAVALDON: And you have the type of fencing 25 there, and yours is very different contrast to it. 0 44 1 MR. WATSON: Yeah. 2 MR. GAVALDON: So I'm just trying to 3 understand -- a MR. WATSON: That is wood, wood fencing, typical 5 to every other subdivision in town. And ours is cinder 6 block and stucco, and we think it's a work,of art. It's a 7 masonry project. I mean, it blends in with our s subdivision. We're separated by Golden Meadows. There's a 9 street there, an entire street. Just like we're separated 10 by an arterial, South Lemay from Harbor, we're separated by 11 Ticonderoga from the Golden Meadows neighborhood. 12 MR. GAVALDON: Okay. Well, thank you very much. 13 I appreciate that. la CHAIRMAN COLTON: I don't see anyone having a 15 cuestion. But I want -to get discussion going and throw out 16 a few thoughts that are going through my head so we can try 17 to get some resolution. is Number one, I think compared to some of the 19 fences on the south and so forth, this is much nicer than 20 what they have. So number one, just stand-alone, is this a 21 nice fence? Yeah, it's a nice fence. 22 However, then I start getting into a few other 23 issues, you know, particularly, well, they came in with a 24 plan for one. Now they're changing it, and I think, at 25 least to some degree, you know, members -- people live 45 1 across the street, had some reliance on that fence. And the 2 effect that it would have on their properties. Kind of 3 taking that into effect also. 4 And third, in terms of, does this even meet the 5 Land Use Code or that -- getting back to that section, 6 famous section 3.8.11, as long as a development plan is so 7 amended, continues to comply with the standard of its Land 8 Use Code, at least to the extent of its original compliance. 9 Well, the original plan as submitted obviously 10 complied with new Land Use Code very well. I guess I have 11 some question as to whether the new one complies with the 12 Land Use Code for a couple of reasons. 13 Just, does this one row of blocks change 14 something from being opaque to nonopaque when it's a rather 15 small percentage of the fence. And I guess that just failed 16 my test of, you know, more opaque than nonopaque, I guess. 17 To me, it's still more opaque than it is nonopaque. 18 And secondly, I guess in looking at -- if the 19 information here -- the neighborhood presented on its south, 20 middle, and north is correct, and I think even the applicant 21 said that he was going to have more solid where the houses 22 are and less where the neighborhood area is, so I'm not sure 23 that this fence even meets the two-thirds/one-third 24 rationale, you know, albeit a little bit hard to enforce, as 25 Peter -- as shown at our work session the other day, or • OR i interpret, I guess. I guess I would look at these three 2 different sections as each needing to be 3 two-thirds/one-third, and you can't have most of the area 4 considered opaque or nonopaque in one area and the other 5 places all be opaque. 6 So I guess I'm having a hard time finding that 7 it actually meets this 2.2.1, in that it -- I guess I don't 8 believe that it really meets the criteria in 3.8.11 9 sufficiently, although, like I said, I think it's better 10 than what is in the surrounding area and would have met the 11 original code if they would've brought it in that way, but 12 they didn't. So I guess that's kind of where I'm at. 13 MS. CARPENTER: I'm ready to make a motion. I 14 move denial of the request for a minor amendment based on 15 the grounds that it does not meet the minor amendment 16 standards in 2.2.10; specifically, I believe that this is 17 not as -- what is the exact wording -- it is not in the 18 same -- it is in less compliance with the Land Use Code than 19 it was originally. 20 I also believe it doesn't meet 2.2.10(2)(d). I 21 think this does result in a change in character. I think 22 there is a major, a material difference, in open fencing 23 with landscaping and in a solid wall. So I don't believe it 24 meets that. 25 I also think it is not as compliant as far as 47 • 1 noise goes, which is 3.4.4, and I'm really having problems 2 swallowing glass block, one row of glass block across the 3 top of a solid wall making a nonopaque surface or fence as 4 stated in 3.8.1 -- point 11. 5 So for those reasons, I move that we deny the 6 minor amendment. 7 MR. GAVALDON: I'm going to second the motion. 8 CHAIRMAN COLTON: Okay. Other discussion, 9 comments? Jerry. 10 MR. GAVALDON: Well, I'd like to share my 11 thoughts that -- and observations as very similar to what 12 the neighborhood has spelled out as well as what my peer . 13 board member, Jennifer, has done a very good job in 14 presenting, because I do agree with that and I feel that 15 what was presented is more in compliance originally, and as 16 well as my concern is the -- is how the open area with the 17 sidewalk and gate -- but that's a nonissue right now, 18 because there's major issues related to this. So I'm going 19 to support the denial of this minor amendment. 20 CHAIRMAN COLTON: Okay. I guess I made most of 21 my comments before, and I guess I understand why the 22 applicant was trying to do what they were doing, but on the 23 other hand, I guess -- I think they should have done their 24 marketing a little better and understood that being that 25 close to Lemay with an open picket fence was going to cause • M 1 some people to think about -- twice about going there and 2 maybe their values won't be as high, but that's not for us 3 to -- that's not one of our roles, to make sure you can get 4 the maximum value out of those properties. So . . . 5 MS. CARPENTER: I'd like to address a couple of 6 other things that I didn't address in the motion. One is 7 the safety issue, the cinder block walls being safer. I 8 come from a city in which cinder block walls are what 9 everyone puts up, and I've seen cars go through them, and 10 they don't slow down cars at all. In fact, they may create 11 their own safety issue problems, in that they're heavier and 12 they get thrown around. So I don't think the safety issue 13 is valid. 14 But I also would encourage the developer to put 15 in the kind of landscaping along the open pieces of this 16 fence that will allow for the privacy. I think if you use 17 large enough landscaping, I know it costs a little more to 18 begin with, but if you use large enough landscaping, it does 19 two things. It takes care of the privacy issue and it also 20 helps with noise absorption. So I think that's something 21 that you can look at that will mitigate the problem that you 22 have with that. 23 MS. MEYER: I have a problem with the noise part 24 of your motion. I'll vote for it, but the noise on Lemay is 25 noise on Lemay, and I'm not convinced that putting this 0 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 49 fence up has created the noise problem. Maybe there's just more traffic on Lemay. And I have -- I'll support it, but I just want it on record that I don't think the fence is the cause of the noise. I think Lemay is the cause of the noise. CHAIRMAN COLTON: Okay. Could we have roll call, please. THE CLERK: Carpenter. MS. CARPENTER: Yes. THE CLERK: Meyer. MS. MEYER: Yes. THE CLERK: Gavaldon. MR. GAVALDON: Yes. THE CLERK: Colton. CHAIRMAN COLTON: Yes. Okay. That concludes that item for coming. (Matter concluded.) Thank you all 50 1 STATE OF COLORADO ) 2 ) TRANSCRIBER'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 proceedings, taken in the matter of the 7 application by Landsource, LLC, and recorded on Thursday, 8 July 1, 1999, at 300 West Laporte Street, Fort Collins, 9 Colorado, was duly transcribed by me and reduced under my 10 supervision to the foregoing 49 pages; that said transcript 11 is an accurate and complete record of the proceedings so 12 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 llth day of August, 1999. 17 18 19 h'; Cason T: Meadors 20 yt`;a r Meadors Court Reporting, LLC Via%••• 140 West Oak Street, Suite 266 21 �`� .•,•.•,,,: a' Fort Collins, Colorado 80524 F _ n .. C�"���" (970) 482-1506 22 My commission expires January 6, 2001. 23 24 25 Planning and Zoning Board Minutes July 1, 1999 P & Z Meeting Page 6 Other Business None. The meeting was adjourned at 8:50 p.m. • U