HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 12/13/19930
PLANNING & ZONING BOARD
MEETING MINUTES
December 13, 1993
Gerry Horak, Council Liaison
Sherry Albertson -Clark, Staff Support Liaison
The December 13, 1993, meeting of the Planning and Zoning Board was called to order at 6:30
p.m. in the Council Chambers of City Hall West, 300 Laporte Avenue, Fort Collins, Colorado.
Board members present included Chairperson Rene' Clements, Jan Cottier, Jennifer Fontane,
James Klataske, Bernie Strom, Lloyd Walker, and Sharon Winfree. Staff members present
included Chief Planner Sherry Albertson -Clark, Steve Olt, Ted Shepard, Mike Herzig, and
Carolyn Worden.
AGENDA REVIEW
Ms. Sherry Albertson -Clark reviewed the consent agenda for the meeting which consisted of.
Item 1 - Minutes of the October 25, November 1, and November 15, 1993, Planning and
Zoning meetings; Item 2 - South Glen PUD, 4th Filing - Preliminary, #110-79J; Item 3 -
Evangelical Covenant Church PUD, Phase 2 - Preliminary & Final, #9-85C; Item 4 - Rose
Tree Village ® Cunningham Corners PUD - Final, #4-83P; Item 5 - The Market at
Horsetooth Commons, Lot 1, Amended Preliminary and Final PUD, #58-91D; Item 6 - Four
Seasons PUD, 9th Filing - Preliminary, #112-79P; Item 7 - CAT PUD, 16th Filing, Cinema
Savers - Final, #53-5AG; Item 8 - Matterhorn PUD, Final, #49-93A; Item 10 - Modification
of Conditions of Final Approval; Item 11 - First Christian Church PUD, Phase IV -
Preliminary and Final, #51-93; Item 12 - Housekeeping Changes to Sections 29-304 and 29-
342 of the City Code, #77-93.
Ms. Clark reviewed the Discussion Agenda which included: Item 13 -Arapahoe Farm
Townhomes PUD - Preliminary, #55-87G; Item 16 - Huntington Hills PUD, 3rd Filing -
Preliminary - #11-81I; Item 18 - Spring Creek Village PUD - Amended Preliminary, #2-
87M.
Chair Clements requested that Item 8 be pulled from the Consent Agenda to the Discussion
Agenda, there was a request of the audience to pull Item 5, and Item 11.
Member Strom moved to approve Consent Agenda Items except Items 1, 29 3, 4, 6, 7, 9,
10 and 12. Member Cottier seconded the motion. Motion passed 7-0.
Ted Shepard, Project Planner, gave the staff report stating that the required minimum of Criteria
points was achieved and Staff was recommending approval.
Chair Clements questioned the car wash component to the Circle K convenience store. The
company has a vested right to build the Circle K as it stands.
9
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 2
Mr. Shepard replied that there was a PUD on the project that was approved in 1987 for a Circle
K, however, the Circle K is not the applicant but Schrader Country Stores. That PUD carries
a vested right because public services were installed, inspected and accepted by the City. The
PUD did not contain a car wash, therefore, this amendment is to add the car wash, the trigger
mechanism by which it comes before the Planning and Zoning Board.
Mr. Robert Gustafson - Wickham Gustafson Architects representing Schrader Oil Company and
Circle K Convenience Stores - The PUD was approved for Circle K for a convenience store
as part of a larger neighborhood convenience center which includes retail space to the north and
west. The developer installed the proposed improvements, Circle K never went through with
their convenience store. Schrader Oil has an option to purchase the property. As part of their
business and how they do their business and be competitive in the community and with other
convenience stores in the area, they feel they need to have the car wash as one of the items to
offer to their customers. The developer was requesting to amend the PUD to allow the car
wash. As part of the amended PUD, the exterior of the building appears to now have a
residential character. He gave a detailed presentation of the project site. As part of the
amendment for the car wash, Schrader Oil has a policy will operate only in a "closed door"
position. This will cut down on noise generated.
Steve Birdsall - 3821 Richmond Drive - Reflected two concerns: (1) the traffic access,
additional traffic using Richmond as an outlet which is a dead-end and the condition of the
street. There is no maintenance of existing street and, (2) there are 19 lots, 18 of which have
private shallow wells used for home use and livestock and there is a need for underground
gasoline tanks of the proposed station.
Mr. Gustafson indicated, because of the medians that have been constructed on Shields and
Horsetooth, this is primarily a site for southbound Shields traffic and westbound Horsetooth
traffic. He went into detail about the traffic flows of the site. He addressed the environmental
impact of underground tanks. The new tanks will be fitted with the most current EPA approved
monitoring devices. The underground piping will be a enviro-flex (double walled, flexible
piping system that contains any type of a spill in it). Daily monitoring will take place with strict
EPA guidelines.
Member Walker asked if there was a "no outlet" sign at Richmond Drive.
Mr. Shepard replied there is an existing "no outlet" sign.
Chair Clements asked about the condition of Richmond Drive and its annexation.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 3
Mr. Shepard indicated it was annexed in the 1980s, developed, platted in the county, and the
street was not built to City of Fort Collins' standards. Therefore, there is a street now in the
City but not constructed to City standards. The issue is to bring it up to standard and is
currently unresolved. Discussions have only been conceptual about getting the improvement
underway. It is estimated that there are only a few more seasons of use. There have been
meetings with the residents with the Cobblestone Comer PUD and only discussions has
occurred. There is a lack of interest by the City of Fort Collins to go into private streets to take
on the burden to maintain them. There are similar situations all over the community. The
response of the Engineering Department at this time is not to start improvements without a
funding mechanism to repair these streets.
Chair Clements requested the name of a contact person from the City for the residents to contact
on this process.
Mr. Shepard said Gary Diede, Director of Engineering, would be the contact person. There has
been communication in the past, but the residents did not receive the reply desired. The
discussion needs to be carried forward.
Chair Clements recommended that Staff work with the neighborhood to facilitate communication
regarding this.
Member Strom moved for approval of the Market at Horsetooth Commons, Lot It
Amended Preliminary and Final PUD with the Staff conditions.
Chair Clements stated that she would not be supporting the motion because a car wash at a
convenience store changes the nature intended for the convenience shopping guidelines.
Motion passes 6-1, with Chair Clements in the negative.
Steve Olt, project planner, gave the staff report with the following conditions:
1. The Planning and Zoning Board approves this planned unit development final plan upon
the condition that the development agreement, final utility plans, and final PUD plans
fore the planned unit development be negotiated between the developer and City staff and
executed by the developer prior to the second monthly meeting (February 28, 1994) of
the planning and Zoning Board following the meeting at which this planned unit
development final plan was conditionally approved; or, if not so executed, that the
developer, at said subsequent monthly meeting, apply to the Board for an extension of
time. The Board shall not grant any such extension of time unless it shall first find that
there exists with respect to said planned unit development final plan certain specific
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 4
unique and extraordinary circumstances which require the granting of the extension in
order to prevent exceptional and unique hardship upon the owner or developer of such
property and provided that such extension can be granted without substantial detriment
to the public good.
If the staff and the developer disagree over the provisions to be included in the
development agreement, the developer may present such dispute to the Board for
resolution if such presentation is made at the next succeeding or second succeeding
monthly meeting of the Board. The Board may table any such decision, until both the
staff and the developer have had reasonable time to present sufficient information to the
Board to enable it to make its decision. (If the Board elects to table the decision, it shall
also extend the term of this condition until the date such decision is made.)
If this condition is not met within the time established herein (or as extended, as
applicable), then the final approval of this planned unit development shall become null
and void and of no effect. The date of final approval for this planned unit development
shall be deemed to be the date that the condition is met, for purposes of determining the
vesting of rights. For purposes of calculating the running of time for the filing of an
appeal pursuant to Chapter 2, Article II,k Division 3, of the City Code, the "final
decision" of the Board shall be deemed to have been made at the time of this conditional
approval; however, in the event that a dispute is presented to the Board for resolution
regarding provisions to be included in the development agreement, the running of the
time for the filing of an appeal of such"final decision" shall be counted from the date of
the Bard's decision resolving such dispute.
2. No Matterhorn PUD documents (including the development agreement, final
utility plans, final PUD plans, and the subdivision plat) will be recorded nor shall
any bolding permits be issued until the amendment to the South College Avenue
Access Control Plan is completed and approved by both the City of Fort Collins
and the Colorado Department of Transportation as having similar traffic
characteristics to those created by the uses proposed for this development. No
work may be done in the South College Avenue right-of-way until such time as
the access permit, along with a variance to the State Highway Code, has been
approved.
Frank Vaught, Vaught -Frye Architects, represented W. J. Enterprises and was available for
questions of the Board.
Chair Clements indicated the awnings proposed were reviewed in a work session and indicated
that the colors were bold. She asked if there would be a way they could be modified to provide
more cohesiveness to the other buildings in the development.
0
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 5
Mr. Vaught said there have been modifications already to the awnings between preliminary and
final, making the two buildings more compatible to one another. He said the shape has been
changed as well as the mass. They are not identical, but compatible.
Kay Collins - part owner of Archer's, a business located next to the development stated she had
a concern regarding the internal traffic pattern. She needed clarification of the dedicated
easement north to Monroe Street and a dedicated easement to Mason. She understood that there
is a common bridge to cover both easements. She has seen an agreement by the owner on the
building that stated he is giving a dedicated easement to Monroe Street, but the easement
dedication to Mason is omitted. She requested that this be a requirement.
Chair Clements asked for clarification of traffic patterns and dedicated easements.
Mr. Olt stated that a connection must be made to Mason Street to the west to provide good
recirculation pattern from College Avenue and Horsetooth so that there isn't the entire volume
of traffic through the site back to the west. He showed this traffic pattern with a slide
presentation. An agreement is in process for this access to Monroe. The third condition states
a sign agreement granting a dedicated easement for recirculation of traffic in the PUD. He said
that the plans Mr. Saltz reviewed show driveways to Monroe and Mason. That will be reviewed
upon completion before the PUD is recorded. This is in process and a condition of acceptance.
Mr. Eckman mentioned a memorandum dated December 10, 1993, it states "submitted". He
recommended that after the word "city" the following words be added, "providing access to both
to West Monroe Street and to South Mason Street" for clarification. The condition does indicate
that there needs to be negotiations with the owners of property at the southwest comer of West
Monroe and South Mason Street, but it doesn't expressly state that the cross access easements
provide access to both Monroe Street and South Mason Street.
Member Corder asked for clarification of the purpose of the recirculation to get to Mason rather
than direct access. She believed it was preferable to proceed north between businesses and go
right to Monroe Street, then turn left to get to Mason. She asked why that was not acceptable.
Mr. Vaught said that is exactly what is being proposed. Mr. Saltz will agree to an access
easement through his property to Monroe and he wants to discourage any access through the
parking lot of Pelican Fish building back to Mason Street. There was a meeting with Steve Olt
and Eric Bracke concerning this. There was agreement that this was a good access plan as you
described. Mr. Saltz indicated he would like to see a "no left turn" sign northbound.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 6
Mr. Olt said there needs to be rewording in the motion for the third condition.
Mr. Bracke responded to the access issue. The left turn back to Mason street in the plans is
discouraged but not eliminated. The traffic study showed access back to Mason and Monroe and
the circulation to Horsetooth and College. That is how the amendment to the access plan was
going to be considered.
Member Cottier asked why the developer doesn't want vehicles turning left onto Monroe,
heading west to get to Mason?
Mr. Bracke said there is nothing wrong with it, however, there would be delays and sometimes
stacking. This plan distributes the traffic better. Four access points improves the traffic flow
through the site. He stated that left turns onto Mason would be discouraged but not prohibited.
Mr. Eckman said the third condition needs clarification and he said his earlier statement would
clarify the needed change.
Mr. Vaught asked Mr. Eckman if the wording was "The access easement is granted to Monroe
and access to Mason," although discouraged, would be allowed to happen, the easement would
not be associated with such access. The owner will not grant an easement for recirculation back
through the parking lot west to Mason Street, but will grant an easement north to Monroe.
Mr. Eckman said that unless it is an easement, it can be revoked. Any kind of a permit or
license would not be of sufficient legal permanence as to give the City any long or short term
basis. It should be provided by easement. If Staff doesn't feel it is important, it could be
eliminated completely. Just to say, the City will give an easement to Monroe and allow the
developer to go to Mason doesn't clarify the issue.
Mr. Vaught said that is what the property owner is willing to accept.
Chair Clements proposed that condition #3 stated that a signed access agreement needs to occur
between all parties involved. She asked Mr. Eckman if that would work or would the wording
need to be more specific at final.
Mr. Eckman said that it would need to be more specific otherwise, Staff would not know how
to negotiate the easement. It is possible for the Board to decide if it wants both accesses or one
access and include that in the condition.
Member Walker asked for clarification understanding that, without a clear easement through to
Mason, that property owner could block off the road and would have the right to do that,
therefore, if the wording is allowed to remain as it is, this could occur.
•
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 7
Mr. Eckman replied that this was correct.
Mr. Olt said Staff s position needs an absolute cross -access easement from the driveway north
to Monroe. The City can live with physically providing access into the parking lot to the west
through that property directly to Mason, but do not have to have an easement on that portion of
it.
Member Walker summarized the access north to Monroe is sufficient to make this work, through
the parking lot is for convenience but not essential.
Ms. Clark said that by allowing the access to occur by virtue of the driveway to Mason Street
existing and not having an easement, is fairly common. There are many areas in Fort Collins
where there were parking lots platted and developed under previous City regulations that did not
require any access easements. She believed by allowing access, there is a routine matter and
would imagine the owner would continue to leave it open because it is an existing access and
closing it off would have a negative effect on the current tenants. She recommended to proceed
with just the easement guarantee to West Monroe to the north.
Mr. Eckman stated the documentation needed is the condition before the plans could be filed and
building permits pulled, and add the words he suggested before regarding Monroe Street. It is
the only easement_ document needed.
Member Walker asked, in regard to the issue of the awning, if the color of the awning on the
Boston Chicken has anything to do with a corporate identity. Is that why there are two different
colors of awning.
Mr. Olt said that was his understanding.
Mr. Vaught said that was correct. They are standard awning colors.
Member Walker asked if the awning was considered in calculating the sign allowance.
Mr. Olt said that was correct. He had conferred with Peter Barnes, City Zoning Administrator,
who stated that the awning is not considered signage. One has to look that at that as an
architectural element in terms of the Board's decision.
Member Walker referred to Amigo's roof color and asked if the awnings are not a part of the
sign, then the visual integrity of the development is considered. It has been pointed out that
several of the building elements are the same in terms of the height of the building, the way the
signage is placed, the lighting, and the type of block that is used on it. The biggest aspect of
continuity is color and yet, it is a very striking element. He is not particularly concerned about
what specific colors are used, but that there would be unity on the site. He was opposed to bold
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 8
stripes of black and white or blue and was concerned if it is an architectural element to provide
some unity. He had reservations because of the differences in the awning colors.
Member Strom commented that there may be middle ground on the awnings and that he would
prefer the awnings to match but the City does not have a policy and that needs to be developed
in this regard. He suggested what was disconcerting was the boldness of pattern of the red and
white awning. If, as Mr. Vaught indicated, the developer were to make some modifications to
the buildings and to the awning shapes to make them more compatible, simply the colors that
are used were not such a bold and contrasting pattern, red, white and black chicken awning.
Mr. Vaught referred to the Chili's Restaurant across the street where the awnings are an integral
part of the architecture of the building. There are a variety of stripes and colors incorporated
into those awnings. Likewise, if you look at Nate's Restaurant, there is a variety of awnings.
It is not to say there might be some medium ground that would be reached where the colors may
be similar but more muted.
Member Strom said that was what he was attempting to express. When this was discussed at
the work session, his recollection of the Chili's awning was that it wasn't such a strong contrast,
in fact, he noticed the color contrast was there, but the boldness wasn't as great. He suggested
that instead of a piano -key contrast, something be done with smaller bands of color and subtler
pattern.
Mr. Vaught asked the representative of Boston Chicken just exactly what their colors were.
Mark indicated that they are a maroon, black and white and stated if they can keep those colors,
maybe even a grey or lighter shade of the black color would be acceptable.
Member Strom stated that would be an improvement.
Member Fontane said that she was not opposed to the variety and urged Boardmembers to
remember that the Blockbuster Video signage was on the awning and it provided the white on
blue variety that we are not seeing the lettering on it. She thought the variety was fine with
toning it down.
Member Cottier moved for approval of Matterhorn FUD Final with the three Staff
conditions.
Member Fontane seconded the motion.
Member Cottier said she was not making a condition of the awning. She personally believed
it is not attractive and would like to see it toned down, but she believed the buildings are similar
that meets the criteria of having a unified center. She did hope the awnings would get changed
but she did not make it a condition.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 9
Member Walker said he could not support the motion because he believed that a statement
should be included regarding the awnings. He thinks it is a corporate identity, an architectural
consideration and that there should be a better blend between the two buildings on the site since
they are trying to create a sense of unity in the center.
Member Strom moved to amendment the motion to the effect that the awning on the
chicken building pattern be toned down, not necessarily that the colors be the same as the
Blockbuster, that the pattern and contrast be toned down on the awning.
Member Cottier said that was acceptable.
Member Fontane said that was acceptable as a second.
Motion carried 7-0.
11' ' - U Gm. MFWMMCIUI =_51 4ICT
Steve Olt, project planner, gave the staff report recommending approval.
Member Strom asked for clarification for a driveway on the east boundary.
Mr. Olt said the applicant will address the issue. The site plan does not show a driveway at this
time but they were in previous plans. It has been eliminated. There is now an open area for
recreational uses and a detention area in the southeast corner of the property.
The recorded plan does not show a driveway along these property lines (referring to a map).
Mr. Carl Glaser - Glaser Associates Architects, representing First Christian Church - He stated
there is a proposed driveway included in the master plan that was submitted and approved in
1979. The implementation of that driveway would coincide with the further expansion of the
church sanctuary. That is not for discussion at this time. The next phase that would follow
Phase IV would be a sanctuary to seat 3,000 people. That was the design, whether it would
fulfill that size, would have to be determined at the time of the development. With the
construction of the sanctuary, the applicant would have to expand the seating and the parking
capacity of the site. With the expansion of the parking lot, there would have to be additional
egress and that would be the point the property on the east line would be implemented. When
this project was originally discussed and approved in 1979. There was a considerable amount
of discussion about that driveway and design submittals showed how it would be buffered from
adjoining residences and was approved.
Mr. Glaser commented on the staff report presentation by stating that (1) the administration wing
will be to the north in location. Recently Phase III has been completed and he described in
detail the design of the building; (2) He presented slides of the two parts of Phase IV,
• 1 •
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 10
incorporating specific design criteria, with the connecting point to the future sanctuary. He
showed the administration and classroom wing. He stated similar construction materials are
being used and would be compatible.
Dan Grider - 2707 Brookwood Dr. - represented a group of homeowners in the area and stated
his concern were with the plans of the First Christian Church to build a tower in a future phase
of construction. This tower is not in keeping with the surrounding community. He requested
to meet with the church administration to discuss it further. The homeowners plan to make
concerns known again at the time the formal request is made by the church to construct such a
tower.
Andy Cornedi - 2812 Fairbrook Ct. - He has been a resident in the Eastborough area for the past
12 years. The plans that were submitted in 1979 did not show the future buildings close to the
property line. He mentioned evening meals in the summertime in his backyard would
significantly be interrupted by the structures proposed, especially a 103 foot tower. He
requested to work with the church body concerning future plans to ensure neighborhood
compatibility. There were no other houses on his cul-de-sac until 1983-1984.
Fran Ward - 1024 Oxford Lane #45 - She read a statement asking why these public hearings
concerning the future building plans of the First Christian Church continue being held. The first
time she heard of these plans was July 7, 1993 meeting. This was held in the church building.
At that time, the neighborhood understood, regardless of the feelings of the residents, the deed
was done, no amount of objection could sway the powers that be. In 1979, she was aware that
Drake Road and Lemay were virtually non-existent. The landowners at that time didn't object
to plans, the owners were farmers or realtors. She wondered if the omission of the overall plan
slide was deliberate because the 103-foot tower, when presented, was a "done deal" with
permission to exceed the normal height in 1979. She believed it was 70 feet from Lemay and
found the idea objectionable.
Vicki Kirchner - 2606 Dorado Ct. - She agreed with previous comments made concerning the
tower by. She had a concern regarding the safety of the driveway. It is increasingly busy on
a curve and an added driveway would pose more safety considerations.
Chair Clements asked for clarification on the issue of the tower.
Mr. Glaser stated, on behalf of the Church, that they would be glad to meet with the neighbors.
He said they have established a good neighbor policy from the onset of this project and went
beyond what was required in terms of the master planning. He detailed the amount of energy,
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 11
time, consideration of planning for a 20 year phase project, not only for the benefit to the church
and for the neighbors adjoining the property affected. The master plan includes a sanctuary for
3,000 people. This is what was envisioned for this site. He was unsure if the sanctuary would
be for 3,000 people but would like to reserve the right that it could be. The tower could be 105
feet high, established in the drawings in 1979. With regard to some comments about the tower,
the Church would be happy to meet with the neighbors when the time comes. He stated that the
applicant understands the concerns of the neighborhood. He mentioned the considerable buffer
between the tower and adjoining residences. The benefit of soccer and baseball fields that are
there takes away the intrusion.
Mr. Olt said there will be a public meeting for residents to discuss the phases and come back
to the Board for approval. The overall master plan preliminary in 1979 has been approved, but
the ability for vested right to construct any additional phases would have to come back to the
Board. At that time the design of the structure associated with that phase would be evaluated.
Chair Clements suggested that the individuals who addressed the Board get together with the
applicant to address concerns. An active involvement early in the process might help create
positive outcomes.
Chair Clements asked about the driveway being a safety issue. She pointed out that the Board
is very educated regarding the site plans and the slide was not omitted purposely. She asked
Staff to address any issues concerning this.
Mr. Olt said there was not much detail but at the present time, all the parking exists at the south
of the church off of Lemay, with the opposite entry point to Scotch Pines Shopping Center, and
continues south of the church, turns 90 degrees and proceeds due north to east Drake Road. It
was his understanding that the driveway would tie into Drake Road.
Member Klataske moved for approval of the Fuss Christian Church PUD Phase IV
Preliminary and Final.
Member Winfree seconded the motion.
Member Strom commented that the motion does not include the enlarged sanctuary or a tower
or a driveway at this point. He encouraged those with concerns to contact the church early
rather than later to which Mr. Glaser was agreeable. There will be other hearings to discuss
those issues.
Member Winfree agreed with Member Strom and stated the concern of the neighborhood input
stating it is ineffective for them to participate and that it is a "done deal." She further said the
Board has a set of criteria to weigh decisions against those that are evaluated. Citizen
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 12
participation is viable to the process and suggested awareness of the LDGS to guide the
objections to PUDs presented to the Board. The Board is very interested in citizen input.
The motion carried 7-0.
Ted Shepard, project planner, gave the staff report recommending approval with Staff
conditions.
Eldon Ward - Cityscape Urban Design the consultant represented the applicant, James Company.
The proposed project is supported by the Land Use Policies Plan with the criteria in the LDGS
and is consistent with recent discussion and decisions by the Board has made a mix of housing
types in residential areas. He discussed the density, mix, location, the 7-units per acre and
presented slides. There have been two neighborhood meetings where the issue of neighborhood
compatibility was discussed. The architecture has many elements in common with the
neighborhood. He gave several examples giving detail to the placement of the garages and other
design elements. He illustrated compatibility of townhomes with single-family neighborhoods.
Mr. Ward addressed roof materials of shake shingle or similar uses which is compatible with
the neighborhood. There is an upgrade of asphalt that create shadow lines and appear natural.
He stated that he has met with the Poudre Fire Authority and addressed their comments against
wood shingles. He stated that cost is a factor, but the safety is an issue and cedar is a limited
resource. Both roof materials are found in the immediate neighborhood. The Woodridge
Development is using similar roofing to what is proposed. The insurance companies are
becoming increasing restrictive to insure multi -family projects with wood shingles.
Mr. Ward responded to neighborhood concerns of placement of garages and lowering the density
of units. There are now 72 units proposed. Units closest to Regency Park were changed from
6 to 5 units to decrease the scale. He clarified the Woodridge traffic study concerning traffic
flows in and out of the project site. The traffic studies will be completed in the current phase
at Woodridge. The Taft Hill connection will be made this spring. He stated that Hillbum Drive
is proposed to remove the existing street. He is not aware of another example where that has
been required of an adjacent property developer. He would like to keep the street as currently
constructed and accepted for maintenance for the City of Fort Collins. He requested direction
from the Board to treat the applicant according to the same rules that other projects have been.
Mr. Ward addressed staff conditions. The area between the townhomes and Regency Park have
been the focus of most of the discussion and the applicant is in agreement to Staff conditions 2,
3 and 4. The first condition is to increase a setback. The minimum setback is over 46-1/2 feet
at one building and 47 feet at the other. With the angle of the building, the average is 70 feet
across the face to the adjacent property. He stated that extensive berming and landscaping has
Planning and Zoning Board Meeting
December 13, 1993.Minutes
Page 13
been added in response to the condition and believed this was adequate. The number of units
have been reduced, landscaping has been added, with an average of 70 feet. In similar
situations, 35 feet is a more common number. In the recent Summerhill Townhome project, it
was 30 feet from the adjacent single-family area. The proposed site is arranged so that three-
quarters of the open space has been shifted to the property line. Rather than have centrally
located open space, it has been moved to buffer the project. Condition 1 requires reduction to
4-unit buildings near Regency Park which will be replaced in other areas near Arapahoe
Townhomes. The developer wants to remain sensitive to the neighbors' needs. He requested
a change to Condition #1.
Steve Gottschalk - resident of Regency Park on Hillburn Court - He stated that since October
10, there has been meetings and a 246-resident petition from the Johnson -Webber Neighborhood
Group regarding this issue. There would be more if the neighborhood is continued to be
canvased. The immediate areas are the Regency Park, the Gates and the Overlook, other areas
are Westbrook, Wagon Wheel, Imperial Estates, Rossborough, The Ridge and Chaparral and
all have an involvement.
Mr. Gottschalk said the neighborhood group had five major concerns: (1) zone change, (2)
transitions, (3) traffic, (4) greenbelt and (5) school.
Kevin Walker - Regency Park area - complemented Member Walker on his article regarding
neighborhood involvement and how to go about it. He addressed:
(1) Compatibility. He referred to the LDGS and neighborhood involvement and
compatibility. Zoning for patio homes was originally stated in the project plans. He
asked if there has been citizen input, partnership and cooperative effort. The developer
was very agreeable in regards to fencing and berming but, as it related to other issues,
there was an effort to obtain partial interaction of the developer by staff.
(a) a request for 4-units along Regency Park
(b) address Hillburn Drive - was a cul-de-sac and a developer came in and
made it a dead-end street with barricades
(c) a request for original plans for patio homes
Mr. Walker said the developer has not been at any neighborhood meetings. He believed that
Mr. Ward has been vague in communication.
Mr. Walker made comments on details of the project. He stated the neighborhoods closest to
the development are the Ridge, Regency Park and the Overlook and indicated they all have wood
roofs. Composition shingles are not compatible. The neighborhood differs with the developer's
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 14
position for roofing, stating the Poudre Fire Authority accepts wood shingles buildings. Perhaps
there is a philosophical difference, but wood is allowed. The alternatives are cement and wood
fiber composition shingles. He stated that the newer developments are using the shingles. The
City of Fort Collins allows wood shingles through their codes. The neighborhood is opposed
to composition shingles and have given alternatives and requests that alternatives be used. He
addressed the brick and lapsiding, other exterior plans and lighting issues. He requested a
detailed materials list be reviewed and discussed with the neighborhood by a project person in
authority to make decisions at neighborhood meetings. The developer to date has remained
vague on all issues. The neighborhood wants more variety in design of the exterior of the
buildings and color variation for diversity. The neighborhood desires answers to issues of
landscaping: sprinkler systems (if they are self -maintained, will the green areas or portions of
it be watered), will there be sod, what are the plans for landscaping along the greenbelt, the
lighting on the streets, grading and elevation, drainage. These are issues of great concern to the
neighbors. The neighborhood does not want this project to become a "test case" for the builder
who has never built in Fort Collins. He pointed out that the sale of some homes adjacent to the
project site have fallen through because of the unknowns of the project plans.
(2) Process. The process is the biggest issue of the neighborhood. He stated if the
patio home use was in the plans, the concern would be less. There was attendance of
the February 19, 1993 meeting by the neighborhood who gave input. The neighborhood
embraced the concept of patio homes and was surprised with the new townhome plans.
The second meeting spent an hour of discussion on townhomes and the petition speaks
to the interest of the surrounding neighbors in the project development. He read the
letter of announcement which stated:
"The applicant is requesting to amend the original 224.4 acre plan
for a mixed use development located at the northeast corner of
Harmony and Taft Hill Roads."
He believed this was an inadequate notification. From the notice, there was no further
information given to the neighbors regarding the 10-acre parcel. There was only one person,
who was not living in Regency Park at the time, who went to the meeting and raised the
question about the patio homes. Mr. Ward responded at the public meeting that "if anything
happens there in the next three years, it will be patio homes, retirement housing, 4 to 6 units
per acre type project." later in the meeting he was asked if it would be 10-units per acre and
Mr. Ward responded yes --inconsistency in the answers given to the neighbors. The Gates
Subdivision neighborhood was told this project would be patio homes. He stated that no one,
he believed, was trying to mislead the neighbors, but information was not adequate to give a
clear picture of future development. He respectfully requested the Board take an active part in
correction of the process.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 15
Jack McClurg - 4412 Seneca Street - He spoke to the issue of the impact on school, which he
believed was not addressed by the process. The two school in the area have not been in the
process and have received no notification to date of the proceedings and not in 1991 as well.
The two school are already over capacity. The project would have a negative impact on the
schools. There is a overcapacity at Weber Junior High at 976, with 900 the maximum for
functional operation. The development would increase that number.
Mr. McClurg addressed some traffic concerns. The traffic study was conducted by the
developer and was requested to perform specific things. The neighborhood felt that the traffic
impact on the area was inadequately reported. The peak hours did not reflect the major traffic
generators for the neighborhood, specifically the schools. He detailed the traffic flows and
stated the grading of C and the development will further degrade the rating, although the traffic
engineer did seem to indicate that it would be acceptable for some time. It is the lowest
acceptable rating allowed. The 3 percent annual growth rate is not reflected in the reports. The
population from the proposed project would add the degrading of the intersection. The impact
was examined for Seneca Street and there were unknowns. There was a written report submitted
to the Board with a correction of an error stating "Horsetooth and Harmony" rather than "Seneca
and Harmony."
Dean Hoag - 4517 Hillburn Ct. - He stated his home is located to the back of the proposed
project and expressed concerns with the greenbelt issue. He detailed the location and requested
a sufficient greenbelt to provide a smooth transition. The details of the request were submitted
to the Board.
Chair Clements asked if the grading and drainage issues had been addressed.
Mr. Ward replied there is a plan and is confident it will meet in the final plan.
Mr. Herzig, City Engineer, said that the utility and drainage plans will be addressed at time of
final submittal.
Chair Clements asked for the records with regard to Hillburn Drive.
Mr. Shepard stated the fundamental issue was a land use and compatibility issue. There needs
to be more neighborhood meetings, Staff and time to address all the concerns. There is no
resolution to this specific issue at this time.
Chair Clements commented to the neighbors that these issues will be address and are typically
addressed later in the process. She asked about the water system to maintain the landscaping.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 16
Mr. Ward said there will be an underground watering system and will cover all landscaped areas
on the site. This will include all the common elements, everything outside the small patio areas
for the units.
Chair Clements asked about on -street lighting.
Mr. Shepard replied that they are private streets and not under the Light and Power
requirements. He stated the details of lighting requirements, pollution, etc., and indicated they
would be reviewed before final. Because this was raised as an issue, it could be added as a
condition for approval.
Chair Clements asked about school issues commenting there was information given to the Board
regarding this.
Mr. Shepard explained the process of the school involvement. The school gives statistical
information to arrive to projected numbers of student population. The school district is given
overall development plans to review. There is a school district master plan to guide the staff.
There is, however, no on -site meeting with school principals at the neighborhood level. It was
alluded to that this needed to be done for the neighborhood. Traditionally, the communication
is at the district level. He felt it was a good suggestion to involve the school principals in
planning.
Chair Clements asked for clarification that the district has been informed of the development and
that criteria has been met.
Mr. Shepard stated they plan for long-term periods of projections.
Chair Clements turned attention to the traffic study and the time and accuracy of that study.
Matt Delich, traffic consultant for the project, replied that the study was conducted on typical
peak hours and use of the street -- 7:30-8:30 a.m. overlapping into some school hours and
afternoons between 4:30-5:30 p.m. for this area. The peak of the school use occurs somewhere
between 2:00 and 4:00 p.m. He stated that the intersection flows at this time are better than the
evening peak times. The selected areas are the Harmony and New Harmony intersection and
the Seneca and New Harmony Road intersection. The 1991 studies were conducted on more
intersections. Level of Service D and better is acceptable in the City of Fort Collins, as well
as other cities in Colorado and the United States. The 3 percent growth rate is per year and is
typical. In addition to the 3 percent per year growth rate, on top of that is the continuing
growth of Arapahoe Farm.
Chair Clements addressed the wood shingles issue and asked for clarification.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 17
Mr. Ward clarified that it was PFA preference not to have wood shingles but not the position
of excluding them. There are extreme concern for wood shingles.
Member Strom asked for clarification on enforcing standards for exterior materials.
Mr. Shepard indicated that there would be more specifics and detail of the exterior plans.
Member Fontane had a concern about the dead-end street. She asked if it would be the
responsibility of this project to address the dead-end street.
Mr. Herzig said it is the responsibility of the developer to address this issue. The street was
provided as an access point to the property and has to be a proper cul-de-sac or approved by
another plan. It is a precedent in other locations for the developer to remove sections of streets,
such as Windmill Drive adjacent to Cunningham Corners.
Member Winfree asked about the street lighting.
Mr. Ward indicated there is not presently a specific lighting plan. This is a requirement of the
LDGS at the time of final, the intent would be lower level than standard. Safety and security
issues will be reviewed at final.
Member Walker asked for further design on exterior design and unit density.
Mr. Ward said the design will have architectural consistency in the project. The color variations
can be opened to neighborhood comment.
Member Walker asked about the process of changing the patio home plan to higher density.
Mr. Shepard said that in 1987, Parcel 1C was designated on the ODP with estimated density of
6 dwelling units per acre. In 1991, the patio designation was kept with an addition of multi-
family, with estimated density from 6 to 10. At the time of P & Z Board hearing, there was
a third, the convenience site. The amendment was dominated by the Woodridge PUD, the
developer was at the neighborhood meetings, and concerns were the house design, density for
part of the April 1991 record.
Member Walker said there were mixed uses for this area.
Mr. Shepard said that the amendment was for 40 acres that had been previously multi -family,
the Woodridge property, be amended to single-family.
Member Cottier asked if Building G and J should be four units rather than five.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 18
Mr. Shepard said that is correct based on interdepartmental review. The units were reduced
from six to four for the benefit of the greenbelt area.
Member Cottier said the buildings were 37 feet from the property line. The staff memo states
they are 45 feet. The closest corner between the project and the houses is 100 feet. She asked
how this measurement compares to normal projects for single family abutting multi -family.
Mr. Shepard said the issue for staff is that there are no good comparisons. It is difficult to find
comparisons. The issue needs to judged by the particular design and application.
Members Walker and Strom had question regarding the reduction of density to four on the
greenbelt and understood they be moved rather than deleted.
Mr. Shepard said it probably would be a benefit to neighborhood compatibility and a critical area
is the on east along the Buildings G and J and if there is a relocation there that can be mitigation
in other areas of the site. The project needs to perform on the eastside.
Member Strom asked what setbacks would be gained on each of the buildings.
Mr. Shepard guessed it would be 10-20 feet.
Member Strom asked if the berming and landscaping is sufficient to screen.
Mr. Shepard said that it is sufficient.
Member Strom said that the Board received school projections for the proposed project and is
under 9 elementary students out of the entire development, 4 junior high and under 4 senior high
students. The patio development, on the other hand, would project up to 2 fewer students.
There is a proposed expansion underway at Weber Junior High, Rocky Mountain High and a
new elementary school being constructed in the area. Hopefully that will provide relief to
overcrowding in the schools.
Member Winfree addressed the type of water to be used for sprinkling.
Mr. Shepard said it would be an automatic irrigation system.
Member Walker commented on the streetscape improvement to help buffer to the existing
neighborhood. He agreed with staff on the plans for the eastside of the project. He wanted the
bulk and mass of building scale to be considered for reduction. He commended the neighbors
for their participation and felt the issues raised were important for continued planning of the
project. The project needs to resolve the Hillburn Drive issue and may need to be a condition
of approval. Compatibility of materials used needs consideration.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 19
Chair Clements asked if another neighborhood meeting would occur before final.
Mr. Shepard and Mr. Ward both replied yes.
Member Walker moved for approval of the Arapahoe Townhomes Preliminary and
included the following conditions:
1. At the time of Final PUD, the size and extent of the greenbelt area between
Buildings G and J shall be increased so as to further promote the buffering
between Arapahoe Farm Townhomes and Regency Park, 2nd Filing.
2. At the time of Final PUD, the area between Building F and the easterly
property line shall be enhanced with a landscaped berm in order to promote
visual and acoustical screening.
3. At the time of Final PUD, the two parking bays that face east, between
Buildings G and J, shall be screened by any combination of additional plant
material and berming that effectively blocks headlight illumination and
vehicle glare on a year-round basis.
4. At the time of Final PUD, the size of the evergreen plant material, located
between Buildings G and J and the easterly property line, shall be increased
over and above the specified minimum of 6 to 8 feet in height to eight to ten
feet in height.
5. At the time of Final PUD, the Hillburn Drive issue be resolved.
6. At the time of Final PUD, that the materials used on the structures be made
compatible with the surroundings.
Member Strom seconded the motion.
Member Cottier requested the addition to Condition 1 that Buildings G and J be four units
agreeing with Member Walker that the size and bulk of the buildings next to the
neighborhood be smaller.
Member Walker and Member Strom said the condition would be acceptable.
Member Kiataske asked for clarification that the remaining units be relocated.
Mr. Shepard said yes.
Planning and Zoning Board Meeting
December 13, 1993 Minutes
Page 20
The motion passed 7-0.
Chair Clements requested, due to the hour, that the Spring Creek PUD be continued to the
December 16 P&Z Board Meeting.
Member Fontane moved to postpone the Spring Creek PUD until December 16, 1"3.
Member Winfree seconded the motion.
The motion passed 7-0.
Mrs. Clark responded to a comment Mr. Klataske made to reconsider the order of the items for
the December 16 meeting. The proposed order would be Sign Code, Fossil Creek and Spring
Creek Village.
Mr. Eckman said there needed to be consensus.
Member Winfree asked for the reasoning behind the order.
Member Klataske said the shorter order of the other two items and allow remaining time to be
given to Spring Creek.
Member Fontane made a motion that Spring Creek be located at the end of the agenda.
Member Strom seconded the motion.
The motion passed 7-0.
The meeting adjourned at 10:15 p.m.