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HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 05/07/1990PLANNING AND ZONING BOARD MINUTES • May 7, 1990 The regular meeting of the Planning and Zoning Board was called to order at 6:33 p.m. in the Council Chambers of City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado. Board members present included: Chairman Sanford Kern, Jim Klataskc, Bernie Strom, Jan Shepard, Laurie O'Dell, Rex Burns, Lloyd Walker, and Alternate Joe Carroll. Staff members present included Tom Peterson, Ted Shepard, Paul Eckman, Sherry Albertson -Clark, Mike Herzig, Steve Olt, Kerrie Ashbeck and Georgiana Taylor. Board Members present at the May 4, 1990 workscssion included: Chairman Sanford Kern, Jim Klataskc, Bernie Strom, Laurie O'Dell, Rex Burns, Alternate Joe Carroll, Lloyd Walker and Jan Shepard. AGENDA REVIEW Planning Director Tom Peterson reviewed the Consent and Discussion Agenda. The Consent Agenda included: Item 1 - Minutes of the March 26, 1990 meeting; Item 2 - Oakridge Master Plan Amendment, #13-82AV; Item 3 - Convenience Center at Oakridge PUD - Preliminary, #13-82AW; Item 4 - Oakridge West Master Plan Amendment, #23-87C; Item 5 - Supertots at Oakridge West, 2nd Filing - Preliminary, #23-87D; Item 6 - Office Park at Oakridge 131h - Preliminary, #13-82AX; Item 7 - Four Seasons 6th Filing PUD - Preliminary and Final, #112-79L; Item 8 - Checker Auto at the Market Place PUD - • Preliminary and Final, #21-89D; Item 10 - Raintree Village Shopping Center - Administrative Change, #146-791; Item 11 - South Shields Veterinary Clinic PUD - Final, #44-89B; Item 12 - Springbrook PUD - Preliminary and Final, #7-90,A; Item 14 - Giant Video at Cimarron Plaza Administrative Change, #78-81 F. Member Carroll pulled Item #8, Checker Auto at the Market Place PUD from the consent agenda. Member Strom pulled Item #3, Convenience Center at Oakridge PUD and Item #5, Supertots at Oakridge West, 2nd Filing from the consent agenda. Jeff King, 4430 Moss Creek Drive pulled Item #7, Four Seasons 6th Filing from the consent agenda. Member Shepard moved to approve consent agenda items 1, 2, 4, and 6. Member Strom seconded the motion. Motion was approved 7-0. CONVENIENCE CENTER AT OAKRIDGE PUD - PRELIMINARY. #13-82AW Mark Smith, 5007 Saffron Court stated his concern was the gradual transition of McMurray and Keenland into major streets as people use the convenience center and want to cut over to Lemay Avenue. He stated he would like to avoid seeing a light on Harmony Road and that Keenland was a nice wide street and on McMurray, that it was a natural way for people to'stop at the convenience store, hang a left and keep going through the residential area to get to Lcmay. 0 Mr. Shepard replied that McMurray Drive, Kcenland Drive, Oakridge Drive and Rule Drive were all collector streets within the Oakridge Master Plan. He stated the purpose of the collector streets was to get the neighborhood traffic to the arterial street (Harmony and Lemay), so the collector streets will have heavier traffic than the local streets and those streets were designed to carry traffic throughout the whole 300 acre Master Plan. Mr. Smith stated his concern was that people coming down Harmony Road stopping at the convenience center and continuing down McMurray, crossing Kcenland to get on Lemay to go to Loveland or where ever and that should not be the purpose of those streets. Mr. Shepard replied that was not the intention of the streets. Mr. Smith stated that he believed that that was what was going to happen within time because of the nice wide streets and very few stop signs. Mr. Shepard asked if Mr. Smith was aware that the McMurray/Harmony intersection was going to be signalized in the future. Mr. Smith replied that he was not. Mr. Smith asked if there was any way to avoid that. Mr. Shepard replied no, it had been approved by the State Highway Department and the City of Fort Collins on the Harmony Corridor Transportation Plan. Mr. Smith asked what purpose would the light serve. Mr. Shepard replied it was an intersection of an arterial street and collector street that carries sufficient volumes of traffic, not now but in the future, in which case the traffic warrants will be met and the volume of traffic is such that without a signal it would be an unsafe situation particularly for left turn movements. Mr. Smith asked if the left turn could be 1/4 mile at Lemay. Mr. Shepard replied not with the anticipated traffic coming out of the industrial park, and the employment uses based in the Oakridge Master Plan. Mr. Smith commented on the amount of signals and that he hated to see Harmony Road become a series of stop lights. Mr. Shepard replied he understood his frustration and to brace himself for the future. Harmony Road will have a series of lights because Harmony Road will not be a high speed thoroughfare and the City is working with the State Highway Department to make Harmony Road more of an arterial street rather than a state highway. Chairman Kern suggested that Mr. Smith get involved with the Harmony Road Access Plan to voice his concerns. -2- • Mr. Shepard stated that it was the Harmony Road Corridor Plan that was under debate right now in the Planning Department and it was in front of the citizens right now for review. He encouraged him to come to the Planning Department or call Linda Riplcy or himself and they could get him involved in the process now that was a review procedure that has not yet gone for any formal review. Member Strom stated that in looking at the plan and the architectural design, he thought he was very pleased with it. It was a little unusual, but unusually interesting and generally very nice. He had one concern with it which was something he had evolved to in convenience centers and gas stations. The plan showed a bronze metal fascia on the canopy which did not seem to him appropriate in relation to the rest of the materials used in the center. He stated that the canopies over the gas station areas are generally the least attractive and sometimes the most obtrusive features of some of these smaller centers. He stated he would like to see them blended as much as possible with the architecture of the center. Membcr Strom stated he would like to add a condition we approve this with the canopy materials to match the rest of the shopping center. Mr. Shepard stated staff had no concern with the condition. Mr. Frank Vaught, representative of Everitt Companies, stated they did not have a problem with the condition. At this point the specific tenant for the convenience store has not been identified and they would hold off on making any final color considerations on the canopy fascia until final plans. • Member Strom moved for approval of the convenience center with 2 conditions shown in the staff report plus the 3rd condition that the canopy materials match the color and materials of the rest of the center. Member Burns seconded the motion. Member Walker stated he could appreciate Mr. Smiths concerns with the traffic situation and that it had to be recognized, as mentioned, that streets like Keenland and McMurray arc collectors. Keenland is not functioning as a collector so there was a certain level of expectation about the traffic flow on that and that it was way below what it was designed for. The reality was that as the whole area develops the streets will get a little more traffic and that he encouraged Mr. Smith to follow up on the traffic study. Motion was approved 7-0. SUPERTOTS AT OAKRIDGE WEST, 2nd Filine. #23-871) Member Strom stated his concern was circulation and how this particular use would relate to other uses on the parcel. Frank Vaught, Vaught -Frye Architects stated the specific plan for Supertots addresses some future circulation that could extend on to the south. Their idea at this point is that Rule Drive as it currently exists on the west side of Lemay would have a curb cut on its northern boundary that would line up • with the one into the health care area that would then connect back through -3- as a parking circulation area into the parking lot. He stated there would be access from Rule back into the daycare area and visa versa. He stated they were combining the curb cut with the existing church. Member Strom stated his concern was what other kind of uses would be there and with the access point on Lemay Avenue, it might be pulling alot of traffic right by a daycare. He was concerned with the relationship of traffic and children. Mr. Vaught replied that what they had looked at on a very conceptual basis, was office type uses and would not anticipate that because of the type ul' entrance into the church and the daycare. It would be attractive to circulate through that parking lot back into the office area but at this point they had reserved the potential for the two to connect and if the use would change and would be more intense than an office, or a more compatible use was found, there may not be a desire to connect them at that point. Member O'Dell stated she had the same concern and would hope that at the time the southern piece was developed and also the piece to the west and the southwest, that it was really taken into consideration. Member Strom moved for approval of Supertots at Oakridge West, 2nd Filing. Member Klataske seconded the motion. Member Strom commented that Staff and the Board keep an eye on the rest of the property as it is developed to remember to take a look at the circulation and the safety of the children in a daycare center and the process of any approval after this. Motion was approved 7-0. F'Ol1R SEASONS 6TH FILING P 1D #112 79C Mr. Jeff King, property owner, stated he had purchased property on Moss Creek Drive and it was sold with the thought in mind that there would be a storm drainage ditch located behind the property, basically a 50 ft. open space. He stated they had met with Mr. Jones who represents the developer and staff to discuss the plans of the drainage ditch and had no problems with that. He stated since that meeting some things changed and the plat that is on file right now indicates the ditch had been moved. His concerns were number one, he felt as a property owner that the property was sold to him with the open space in mind and he may have paid for it in the purchase of the property. Number two was the concern that moving the ditch, there would still be some water problems given the slope and the conditions on Moss Creek Drive. He stated the action he was asking the Board to take was not to pass this item but to allow time for discussion and negotiation with the developer and the City to come to some resolution as to why this had changed all of a sudden and to see if they could negotiate something contrary to what had been proposed. Sherry Albertson -Clark stated that she had conversed with Susan Doha Hayes, the City's Storm Drainage Engineer who handled the project and has been assigned to review all the Four Seasons area so she was very familiar with the drainage basins. She stated Ms. Hayes' comments specifically regarding the -4- location drainage easement were that it was something essentially initiated by • the developer, however, from the City's standpoint it does provide an improved hydraulic situation over the originally approved easement. Ms. Clark went over the proposed drainage easement and the previous plan casement. Ms. Clark stated in terms of the relocation of the drainage easement, it was not something that the City asked to be relocated; however, in the review of it, from a drainage standpoint they felt it does provide an improved situation. She stated as for drainage for the entire area there had been a number of concerns and problems experienced in the Four Seasons area. Again, Mrs. Hayes' comment was this particular area was in a separate basin distinct from the previous areas where they have had some drainage problems in the past and because they are in a separate basin they require different types of drainage calculations and volumes. Mr. Mike Jones, representing Northern Engineering, stated that in 1985 the original project was approved by the City as part of the Four Seasons, 5th filing. At that time the drainage channel ran all the way to the east property boundary and south along the backs of the now developed lots in the 5th filing. The channel itself was mandated by the City as part of the Master Drainage Plan. It's 50 foot wide and designed to carry 481 cubic feet per second which was a substantial flow and passes most of it through the subdivision on to other drainage improvements. Mr. Jones stated that in the fall of 1989, Northern Engineering was retained to bring the existing plans up to current City standards so they could be • approved and construction could start this year. He stated when they started work on this they had some telephone conversations with Bill Hansen and they had a meeting with several of the neighbors that were backed up to the channel, as to what it would be like, how it would impact them and how the hydraulics would be handled. He stated once they got started they ran into some problems in the drainage channel that needed to be addressed. The first problem was the alignment. It had several sharp bends with small radius and it was hydraulically inefficient and felt it was not as good a channel as could be designed. The previous design also had a crossing right at the property at Benthaven Court which had a box culvert to carry the flows through there. Looking at the design of that box culvert, it was designed to let the water from the 100 year storm pass over the top of the structure and flow into the street where it would pond and then flow on over. He stated that the ponded water with that design would back up into the intersection of Moss Creek and Benthaven to a depth of 1/2 foot, possibly deeper and there would be a possibility it would back up further to the east near the school site and flood on over in an uncontrolled manner into the next basin. • Mr. Jones stated that they also discovered there was a grading problem as far as the design of the original channel. The channel was designed with certain elevations. The grading at the backs of the developed lots, which was the fifth filing, were left higher than had been planned. He stated that in order to get the depth down to the channel at the backs of the lots they would have to put some kind of structural matter, possibly a retaining wall 2 to 4 feet high along the backs of the lots. They felt that the retaining wall would be unattractive and a possible safety concern for the people that live there. -5- Mr. JoueS Stated that they had discussed the problems with the City Staff and the client and decided the best solution would be to realign the channel where they could control the grades on either side of it and make it work. The alignment uses the same design for the culvert crossing and it does overtop in major flood events, but keeps the flows within the sixth filing. They do not spread out into the intersection and the school was protected. He stated at the time they made the change, they contacted Mr. Hansen and told him the changes and the reasons and asked him to contact the neighbors and let them know what they were doing. Mr. Jones stated that since the plat needed to be revised for the new alignment, the developer elected to add two new lots in there and the alignment was not done to allow them to put two more lots in, but since they were changing the alignment they decided to add the two lots. Mr. Jones stated that the developer was sympathetic to the neighbors' concerns and does want to promote good relations if possible, but does not feel that single family housing next to single family housing is an inappropriate use of the land. Mr. Jones stated as far as the ground water problems, he understood that in the next basin to the east there have been some with a different pond, and this flow did not reach that basin and was not part of the issue. He stated there was a ditch flow that the City uses and would be a concrete channel in the bottom of it that will carry the irrigation flow so it will have less infiltration going into the ground, less water going into the ground water. Mr. Bill Hansen, 4013 Moss Creek Drive stated he was the Mr. Hansen Mr. Jones was referring to. He stated he was a professional hydrologist by trade and the reason this originally came up was because of some of his professional background. He stated he was observing behind his house and it was his opinion that the present drainage channel had some problems so he contacted Mr. Jones and was trying to work with them so some of the problems could be resolved. He stated basically he thought Mr. Jones was correct in stating that the alignment in the original sixth filing probably had some problems partly because of the grade left by the contractors. He thought the major difference between what they were proposing now and what the • original sixth filing would have constituted was a cost figure. He stated that you have the difference between a box culvert and a pipe culvert and would be significantly different in cost. It was his feeling that if the drainage channel would be moved, it would be essentially a taking of a property value that they invested as property owners along that abutment to the sixth filing. He stated that Jeff King and himself checked the sixth filing to make sure that the storm drainage easement was planned when they purchased their properties. He suggested that the board not pass the issue and allow them to deal with Northern Engineering and Wheeler Development to negotiate a resolution. They had several ideas in mind and would like to discuss them with the developer. Mr. Gary Keegan, 4037 Moss Creek Drive, stated he purchased his lot as a small lot and has the drainage to the south and the easement was proposed to the west. He stated that in his decision to buy the lot they had taken this into account. Because of the small lot they felt the openness with the drainage ditch would add to the value of their house. He stated that a single family home would not cause that much problem behind them but probably along with that someone would put up a fence and it would make their lot that much Ell E smaller v.s. the 50 ft. ditch. • Mr. Keegan asked that if they went ahead with the proposal, would they go in sections, or will they put all the streets in at once? Will they be required to do all the ditch work, and the final drainage work from the start or will they just be able to do parts of it? They have been fighting drainage since 1985 and also have been fighting alot of weeds and weed control because nothing had been done as far as finished grade. Chairman Kern asked Assistant City Attorney Paul Eckman to address the issue of taking of property values in cases like this. Mr. Eckman stated there was not a legal concern with it. From his perspective, the property was unplatted presently, or the original plat has expired and the applicant is at liberty to apply for a new plat. The City is at liberty to approve it or reject it based upon the Land Development Guidance System. He stated that as long as there was no rendering of value of adjacent property he did not think the board needed to concern itself with regard to reduction in value of property and they should be guided by the criteria of the Land Development Guidance System as to whether this proposal would fit with the criteria and compatibility and all the other criteria of the Guidance System. Chairman Kern asked Ms. Clark to speak on the phases of development according to streets and drainage. Ms. Clark stated that typically before building permits are issued the street system would need to be in to the extent of being able to support fire and • other emergency service vehicles. In all cases the developers go ahead and build a full street system in order to accommodate access for any emergency service vehicles during construction. She referred to City Engineer Mike Herzig for anything about timing in the development agreement on the relation of the drainage improvements, since it was a concern that Mr. Kcgan expressed. Mike Herzig, City Engineer, stated that the drainage improvements would be constructed at one time and that the City was having the Developer construct those improvements since they were regional improvements so it would not be piece mcaled like the streets could be. Member Carroll asked about the change in the culvert from a box culvert originally to a different configuration of culvert in the present location. It seemed to be a little bit more of a change than originally saw as opposed to moving the easement all together. Mike Jones, consulting engineer replied that it was the developer's option to use what ever kind of structure that they see fit in there. Hydraulically, this would function exactly the same as the box culvert would have worked. Member Klataske asked if there was a neighborhood meeting on this project. Ms. Clark replied no there was not, on the basis that one, this previously had a plan approved, and two that it was single family lots that are consistent and compatible in size with what was in the area and what is presently existing. Member Burns moved for approval of Item 07, Four Seasons, Sixth Filing, both . for preliminary and final. -7- Member Walker seconded the Motion. Member Walker commented that as the attorney had pointed out that we were dealing with something that was not in the range of what we needed to be concerned about. It sounded to him as though it was a civil matter and if the property owners feel as though they were misrepresented purchasing their property, then that would seem to be a civil court case between them and the developer. He stated as far as our criteria, the Land Development Guidance System, what they had before them seemed to work so he would suggest that if they had an issue here it was beyond the nature of the type of things the Board reviews. Member O'Dcll cited All Development Criteria number 28 in the Land Development Guidance System concerning the arrangement of the site plan in favorable relationship to the existing natural topography, in specifically, the height of the sites that were on the west side of the proposed development. She stated that it sounded as though the new alignment of the new drainage way would be more advantageous to making a smooth transition between the two developments and therefore she thought it was reasonable and passed all the criteria in the Land Development Guidance System. Member Burns stated the developer's engineer gave some good reasons and supported the plan as proposed. The Motion was approved 7-0. CHECKER AUTO AT THE MARKET PLACE PUD - #21-89D. Member Carroll stated that this was presented with the sign as only a conceptual rendition of what the final could or may be. Member Carroll moved that the final design of the sign as a condition of approval be presented to staff for administrative approval. Member Strom seconded the motion. Mr. Shepard stated that staff had no objection to the condition. Motion was approved 7-0. RAINTREE VILLAGE SHOPPING CENTER - ADMINISTRATIVE CHANGE, #146-791 Sherry Albertson -Clark stated this was a request for recommendation regarding the administrative change for site lighting at the Raintree Village Shopping Center, which was located at the northwest corner of Shields Street and Drake Road. She stated that there had been an administrative change that was previously submitted and denied by staff several months ago. This was a new request submitted by the applicant, the changes essentially consisted of deletion of lighting on the reader board at the site identification sign located close to the intersection of Drake and Shields, installation of glare screens and glare shields as well as some landscaping to further screen the ground mounted light fixtures and repositioning of at least one of the fixtures. -8- Ms. Clark stated ,all was recommending approval of the administrative • change, on the basis that the concerns about glare and light spillage had been addressed by the applicant; however, staff was asking for a recommendation from the board prior to staff taking any action on the request. Mr. Todd Lund, Foxfire Property Management representing Raintrce Shopping Center, presented to the board a 679 signature petition stating that they support the tree lighting at raintree shopping and urge the Planning and Zoning Board to allow the amendment to the PUD. Also, presented a letter from the employees of Western Sizzlin' stating that turning off the lights presented a hazardous condition that was a threat to their safety and that of their customers. Also presented was a letter addressed to Mr. Lund from the manager of Western Sizzlin' stating that in addition to the safety hazard were comments from the public that appears that they were closed and this adversely affected their business. Mr. Lund stated that they were pleading with the board to look at the proposal objectively, not one person to his knowledge had complained to the board or the City in regards to the lighting which does not affect anything in an adverse way. He stated that they had pulled the necessary permits and the lighting specialist designed the lighting, installed the lights with tremendous care, not to effect traffic, addressed the concerns of the parking lot. They did a sample light test to determine what kind of light would work and what amount of wattage could be used beforehand and since after. They had asked the board specifically why they had been denied, with no written response. There was some comment about it, but it had not been pinned down to one specific thing. They had cooperated with the board and tried to work on a modification that could be worked out to the system that was acceptable. He • stated all of this only to be denied and the plug pulled on the trees. In looking at the lights from all directions, they could prove that there was not a glare problem. They had made the necessary changes and they felt that glare was not in existence. Shields and Drake was the eighth busiest intersection in Fort Collins for traffic counts and he hardly believed that it was a residential neighborhood. The lighting was aesthically pleasing and did solve a lack of light problem within the lot. It is not an eyesore like Rolland Moore Park and the new Veteran's Memorial. Mr. Lund urged the board to be unbiased and to look at this project objectively. Hundreds of people that he had talked to, that had called, that had addressed the City and have sent letters, and not one of them has been negative. They would like to work with the board and the City and have given them every opportunity to give them suggestions or alternatives. They have designed the lighting the best way possible. tic and countless others see that it is being made more of than it really was. They were urging them to pass the amendment or give some kind of recommendation to change it so it would be acceptable. Mr. Tim Stein of Accurate Sign Maintenance showed slides of areas around the location. Some other places within the City that they found glare that was equal to or greater than Raintree (Vetern's Memorial, Rolland Moore Park, Cimarron Plaza), and also slides of the lighted trees. Mr. Stein stated that since they installed the lighting they had done a lot of research on it and had really worked to try to eliminate glare, and reduce or • eliminate light spillage. 0 Mr. Stein stated that on the lighting study he did, it was done over a period of two nights so it would be accurate and not painted in any way. He stated he would turn on the lights and walk the sidewalks taking the levels and the next night would come back and took the same levels with the lights off. Mr. Stein stated he had been out on I-25 approximately three or four miles north of the A-B Brewery. At night the most visible things on the Fort Collins skyline were Rolland Moore Sports Lighting, Martinez Park Sports Lighting, Home Federal and First Interstate Bank Building. They had talked about the fact that maybe they were trying to use the trees as a sign. The original concept of the lighting to light the trees was to use a certain amount of reflectivity off the leaves of the trees and the snow to give a soft illumination in the parking lot. That was the only thing they had in mind, they were not trying to turn it into a sign. If they were, they would have put a flag pole up and put a couple of lights on it. Case in point, First Interstate Tower has four 1,000 watt fixtures directed up at the Tower at night. Mr. Stein stated they addressed energy efficiency. The most energy efficient lamp they could use right now is a high pressure sodium lamp. Because of its characteristic gold color it was not suited for this type of lighting and they would have loved to use it for its energy efficiency. Green trees and gold light do not go together and that is why the City has used metal halide lighting at Rolland Moore Park. Mr. Stein stated they had done a energy study. If they looked at this location the same as Rolland Moore Park and figure the locations operate 4 hours a night seven days a week, and consider an energy cost of 8 cents a kilowatt hour, and the energy usage, calculated with adding in the total of the lamp wattage and ballast wattage to come up with a proper energy usage. Per day at Raintree Village they use 30.24 kilowatts of electricity, Rolland Moore Park uses 933. In dollars and cents that is $2.40 to light Raintree lights per night and 74.00 for Rolland Moore Park. He looked at the lighting at Rolland Moore Park and decided it only operates 4 months out of the year and one light bill for one summer is $8.958.00. That would power the lighting at Raintree for 10 years. Public safety, they have talked to Sherry about the glare problems and one of the problems he had dealing with glare is they do not seem to have a firm set of rules in Ft. Collins in which to deal with. They are looking at this location because it is a PUD, and he felt it has been put under a microscope. He could drive through Ft. Collins and find location after location with more glare. Safety end of if as he sees it, if a location creates excessive glare, excessive light spillage then it should be addressed regardless of whether its a PUD or any other type of development. It had become very apparent to him and others since they had started to go through this that the largest offender in light spillage and glare is the City itself. If you consider that, and the Board turns down the lighting at Raintree Village, the Board is going to send a message to the people of the City of Fort Collins do as do as I say, not as I do. Chairman Kern asked Mr. Stein in the slides that he showed, there appeared to be only lighting of the upper portion of the tree. He saw no lights on the base of the tree and yet when he drove by a couple times, the base of the trees near the street certainly were strongly lighted. How did that happen? -10- Mr. Stein replied it was his photography, and that it would only be right that • he took the best shots he could. Member Walker stated that one of the comments that he had made was that it enhances Ft. Collins and he would like to know, since they were dealing with subjectivity, if he would elaborate on that. Mr. Stein replied it was comments that people have made that have seen it and like it and they say it is one of the best things that has happened around here. Member Shepard asked what hours would they plan to have the lights on if they were to be allowed. Mr. Lund replied they presently have the lights on from 5:00 to 11:00 p.m., until most of the businesses close. They could modify that but 11:00 is a reasonable hour although they would accept whatever the Board felt necessary. Member O'Dell asked if that would be changed as it stays light later in the day. Mr. Lund stated that Tim was hired on as a maintenance person that would review the lighting on the entire lot on a weekly basis and the light would change from season to season to reflect daylight savings time, winter hours and summer hours. Member Burns asked if they would be willing to change some of the lighting • like only lighting one clump of trees instead of two clumps of trees and they had stated they would be willing to change the hours of the lighting if the board requested. • Mr. Lund stated they would, the way they went about designing the whole project was there are two trees located just cast of Western Sizzlin' that they did want to go ahead and light. Presently they had taken that fixture and moved it to the north as to not create any light spillage or looking at the light going cast on Drake Road. Basically they had eliminated the two trees to the east of Western Sizzlin', only lighting the large clump of trees. Mrs. Jane Davis, 2500 S. Shields stated she lives directly across the street from Raintrec Village and that she had no objection to the light except she would like to ask for a shield around the base. It had destroyed her southwest bedroom. The light shines directly into that part of her house and also her living room. She had no choice in the evening except to keep her draperies drawn. She thinks the trees are beautiful and she is not saying that it should be put out, but she would like the consideration that the base is covered or shielded so she does no have to look at the spotlight. She said there was plenty of light and did not agree with the parking lot being unsafe. She had lived out there for 35 years and she feels perfectly safe out there. She can walk to the convenience store at 2:00 am if she feels like it and there is more than enough light. She was just complaining about the spot light that was directed into her bedroom window and her living room window. -11- Member Shepard asked Mrs. Davis if it was the ground mounted lights or the lights on the pole that shine into her window. Mrs. Davis replied it was the ground mounted. Mrs. Margaret Fillmore, 2337 S. Shields, stated that the trees were beautiful but what she was concerned with was the overall lighting. That particular block was getting alot of lights in it with the signage from the Burger King, with the anticipated AMOCO situation going in and was really concerned about the overall amount of light and signage that is going in that block. she wonders with all the lights that are coming if people will even notice the trees and that her concern was the lighting on the block now and in the future. She agreed with Mr. Kern also that the pictures did not show the base of the trees. If you drive down Shields it is much brighter than the picture show. Mrs. June Beers, 1036 Montview, stated she did write a letter to the Editor about the lights that were shining on the trees because they were so beautiful and it was the history of the trees that were planted the year she went to the Pleasant View School, 1939-40. There were eight trees planted and they saved the eight trees. Coming home west on Drake, she saw the trees and they were so beautiful and she needed to thank the people that lit the trees. She had no problem with the lighting down further on because at that time you should be watching where you are driving to the stop light and should not be looking at things at the side. She hopes this can be resolved and it is true that there are much more important things to be discussing and talking about. She thought there are so many ugly things in the world and that when we could find something that was beautiful or pretty we should dwell on that a little more and the trees are nice. Member Walker asked Ms. Clark about the issue of the City's way of lighting things and the example it sets. Could she comment on what the City's plan for glare reduction at a place like Rolland Moore was? Also, the issue of light spillage on the areas that are not PUD's and did the City have any jurisdiction. Ms. Clark replied that she was not aware of any plan for the City to reduce the amount of glare and light spillage at softball fields. In the newer parks such as Rolland Moore the planning has had an opportunity to review somewhat the site design layout of the parks, however, typically we do not evaluate or had not been asked to evaluate the amount of light that was proposed in those areas. In the case of softball fields, the standards that arc used arc standards that are used nationally to light softball diamonds for that use. In terms of dealing with other uses and existing light and glare problems, if a use is existing as a "use by right" in other words supported and permitted by existing zoning, the City does not have any ability to require any changes to the lighting or any ability to review any of the lighting prior to installation. Only in the case of a PUD do we have the ability to look at things such as lighting and signage. Otherwise in terms of lighting, there are no specific requirements according to City Code in terms of the amount of lights that need to be provided or maximum that could be used. Member Shepard asked Mr. Stein about what could be done about the light that bothers Mrs. Davis. -12- Mr. Stein replied he would be glad to go to Mrs. Davis' house and find out • what fixture it is and he would take care of it for her. Member Strom asked if he was correct in his interpretation that it reduced the total light output by approximately 15% with screens and did that mean they were using the same amount of energy or were they just blocking the light that comes out of the fixture. Mr. Stein replied that they were blocking the light before it gets out of the fixture, and it was the same amount of energy. Member Shepard asked that their staff memo stated that this was a request for a recommendation. Was the board recommending something about the lights or were they making a decision. Ms. Clark stated that they were initially asking for a recommendation from the board to staff for them to make a final decision on the administrative change; however, given the amount of time the board has spent on the project it would be appropriate for the board to make the decision tonight regarding the request. Member Klataske thought they were pretty trees and they had been around a long time and had the City Forester looked at them and had he commented on them as far as the effect the light might have on the trees and the growing cycle if any. Mr. Clark replied no they had not requested any information from the City Forester. He had evaluated the trees several years ago when the Raintree • Center was first proposed and with the Shields widening which took out a number of mature trees in that area. He specifically said we needed to retain those trees. There was some discussion with a landscape architect in Ft. Collins who raised that as a potential issue. The fact that the amount of light might have the potential to confuse the trees as to when to transform and produce foliage. Member Carroll stated he took the time to view the light on the trees and noticed no appreciable difference between the two times and did not notice any change. He stated the reader board had been turned off and his approach was in the parking lot. The criticism was leveled perhaps at the board and taken in a cavalier manner and thought that most people had gone out there and walked around in the parking lot and did not see any difference from the first time. This seemed to be an application for reconsideration to the board. It seemed to him as far as the lights in the parking lot at Western Sizzlin', that these were not the normal lights that we see throughout the City lighting parking lots. In his opinion it had not been approached that if regular security parking lights were brought in, that the board would look kindly at them. He cited criteria number 10, "security lighting". He added it certainly lights the parking lot and the trees, but thinks there was other lighting that would light the parking lot and would answer the concerns of the employees at Western Sizzlin'. Member Carroll continued, say that approaching the intersection from the north and from the east, it appears to be very well lighted with street lights, with • the lights from Cimarron and it was a well lighted intersection. The -13- intersection itself appears to be very well lighted. He came across the parking lot from the north from the area of Burger King and did pick up the pole mounted lights in his eyes. Admittedly he did not wreck his car but it was pretty clear in lighting the interior trees there was going to be light spillage in the parking lot. That was something they needed to consider in criteria 22, and also did cause some shadows in the parking lot, criteria 30. He did not believe that as far as Rolland Moore goes that the Board had the opportunity to review Parks and Recreation lighting like at the Veterans Memorial or Rolland Moore. He suspects Rolland Moore serves a purpose of softball and hardball standards that they adopt throughout the country and he did not think they should go to something else that was worse throughout the City, whether it had been approved in the past or not. He cited criteria number 2, under neighborhood character, again they still have one side of the street, and maybe the lights could be structured so they did not impede upon the area. Under criteria 24, exterior lighting, if board members had been out there they would notice that the area is extremely well lit from street lights and the s h o p p i n g c e n t e r l i g h t s. Member O'Dell stated she agreed with Mr. Carroll on the account of the discussion of Rolland Moore was irrelevant. She did not notice the glare on the outlying streets, on Shields or Drake and thought the lights had been well shielded. She stated the parking lot looks good and did not notice any shadows and a matter of fact it was a nice feeling, an even feeling of light reflecting from the trees that was good. She stated she came to a different conclusion than Mr. Carroll because she voted against it the last time. Mostly she thought it was important to preserve the integrity of our system and to be cautious about allowing this in this type of situation and then maybe not having an opportunity to not allow it some where else. Member O'Dell moved for approval with the condition on the site plan that if any of the trees were to die then the lights would be turned off. Member O'Dell stated that the trees did look good and it was acceptable to her and was concerned about the overall lighting in the area, but more concerned with the signage than the trees. Member Burns seconded the motion. Member Shepard stated that she would like to add a condition that they work to reduce the glare for Mrs. Davis' particular situation. Member O'Dell and Burns stated that was fine. Ms. Clark asked the board if they would like any specifics in terms of hours of operation of the lighting. Member O'Dell stated she was satisfied that if they were turned on at an appropriate time and turned off by I1:00 p.m. that would be acceptable. Member Walker stated that Rolland Moore was there for a specific purpose and thought the argument was not a valid one. To try and solve a parking lot problem, which is the only legitimate problem that he had heard, spotlighting trees was a roundabout way to justify the lights and felt that if there was a security lighting problem in the parking lot there were more appropriate ways to light the parking lot. In terms of the overall lighting on the corner, we -14- must recognize between the lighted trees and the Burger King there will be an • AMOCO station that will add light and there was a pad across the way at Cimarron that has not been built that will add lights. The Master Plan for the northeast corner which is part of the Center for Advanced Technology dictates some sort of commercial/retail type operation, more lights, so he thought they were well lit and will be well lit. He believed LDGS criteria #24 relating to exterior lighting, had not been satisfied to my consideration and therefore felt the lights are inappropriate. If there was as much public sentiment as the petitions indicated then maybe the whole City policy on lighting should be changed. Member Strom stated he still felt there a conflict with the standards of the LDGS including criteria 22 and 24 dealing with glare and light and item 28 dealing with site plan relationships and also item 29, energy usage. He also had concerns about the statement this made for future requests for lighting of various things including trees and who knows what else. In addition, it was his impression that this was effectively a large sign in the sense that it attracts attention from a great distance to a commercial facility. He agreed that the ball parks in the City put off an extremely high amount of light and glare and, would hope some day they will figure out a way to do it better, but it was not in the purview of the board and was not a valid comparison. In going back to visit the site this month there did not seem to be subsequent changes made and thought what ever effect there was, was very difficult to discern and would not be able to support the motion. Member Shepard stated she was supporting the motion, stating we could handle future requests and not be inconsistent on case by case basis. What impact it • was having on the area as was pointed out it was the eighth busiest intersection in the City and would guess it was the eighth most lit just judging from what it looks like at night. She stated that the way they could address it in the future was to maintain some perspective on interest in existing natural features. That was different than a sign and someone who wanted to direct a similar light to a building did not have a strong case. She thought the lights were attractive and it was nice for a change highlighting a feature and adding some interest to what was an otherwise over lit intersection. It added some soft lighting and greatly improves the intersection. Member Klataske stated it was a greatly over lit intersection and to serve no purpose other than to add additional advertising, bring attention to a commercial corner. The lighting was inappropriate. He stated if it was for security there was a more appropriate way to do it, down directed lighting next to Western Sizzlin'. He stated they used energy in an inappropriate way. The glare was still a problem and the neighborhood characteristics, the compatibility, citing criteria 2, 28, and 29. Chairman Kern stated he would oppose the motion thinking oppositely to the way some people have expressed, namely that there was a way of treating this on a case by case basis. He thought that when there was an item that was visible from one mile away we did have a sign and we have to be prepared if they pass this to give similar consideration to other competitors who may want signs, structures, flags whatever lighted. He did not think they could make a special case for this one issue, otherwise there would be legal problems. As for the idea of use by right, this was the reason they had PUD's so we can • grant something to the Developer and get something back, and in this case -15- better planning, He agreed there would be better methods of handling the dark conditions. It had been a very consistent policy of the City to have inward and downward directed lighting to address the needs. Additionally, he found in speaking with the neighbors in the area that as much as they tell him "I hope you are going to keep the trees lighted and by the way I found the glare pretty terrible whenever they ran by there". He objected to the slides that were taken that just blocked out the very bright lights on the base of the tree and thought that reflection from the tree to light an area was inappropriate. Additionally, while the summer reflectivity off the leaves was going to be small, relying on reflectivity off of snow was a straight way of getting glare. He stated that the light levels were incompatible with the surrounding and proposed development in the area and would be opposing. Motion for approval was denied 4-3 with members Shepard, Burns and O'Dell voting for the motion. SOUTH SHIELDS VETERINARY CLINIC PUD - Final. M44-11913 Sherry Albertson -Clark gave the Staff Report recommending approval. Mr. Don Richmond, Richmond Associates Architects and Planners, stated the final plans were in agreement with the Master Plan approval. The only concern that did come up was neighbors to the west about potential noise. Dr. Bill Musslcwhite, owner of Northshore • Animal Hospital, stated that the clinic would be much larger than the one in Loveland. They tried to design it to fit into a residential area, added extra insulation for sound proofing, made the facility appear aesthicaliy pleasing as possible and were hoping the extra efforts would be noticed by the board. Michael Ricker, 1108 Hepplewhite Court, stated his concerns were the noise conditions the facility would bring into the neighborhood and concerns about the sanitation. He would like to know the number of animals the doctor planned on boarding on the premises. He stated the terrain of the property sits upon a hill and slopes down and they sit at the base of it, there were a number of cottonwood trees behind them and would this project be taking the trees out and whether this was compatible to the type of homes in the neighborhood. Mark Sholtize, lives in the Applewood Estates area stated he drives Shields everyday and was concerned about the safety issue. The clinic would be approached from the south of a steep hill along what was now a fast road at 45 miles per hour. He did not think that people approaching from the south would have adequate time to react to people at the crest of the hill turning into the clinic. He was concerned about it being an accident waiting to happen if there was any significant amount of traffic there. He stated it was currently zoned for a low density residential which would not mean as much traffic turning into a residential area and this was a high density commercial use for that kind of zoning. Chuck Seastone, Loveland, stated he came on behalf of the clinic and that it was an instant replay only 10 years later. Being a neighbor of the clinic in Loveland he admittedly opposed the clinic and feels foolish about it now. As things turned out he could certainly understand the concerns of noise and sanitation as well as how it would blend into the neighborhood. He did not 16- know about how the clinic would aesthically fit into the neighborhood but the • noise problems and sanitation issues are totally non existent. His house was situated within 200 feet easily of the Loveland Clinic and there had never been a problem with noise or odor pollution. Jcrry Steib, direct neighbor of Dr. Musslewhite in Loveland, was concerned when the proposal came into the Loveland area but as time went on the clinic did not add to any pollution at all of noise or odor. It was well kept, and as a neighbor they consider them to be one of the best in an area like it. They appreciate what he had done for them and had always enjoyed working with him. Chairman Kern asked Ms. Clark to address some of the issues raised relating to the number of animals, the number of cars anticipated at the site and the cottonwoods located on the property. Ms. Clark replied in terms of the animals, the city staff's review primarily focused on the external aspects of the site design and, land use. They did not look closely, or are not charged with looking at interior space. The big concern with an animal hospital was to make sure there would be no outside associated activities, in other words, no outside animal runs or shelters located outside of the structure. It was the experience when you get into that situation you do have the potential to experience as an adjacent property owner, problems with barking dogs. When the activity is confined to the inside of the building they were not concerned with numbers of animals. At the time of the preliminary plan review, they did have a traffic impact study that was prepared and did have an expected number of employees of 4 • maximum and in terms of the amount of business, a total of 8 parking spaces for customers bringing pets. From a planning and transportation perspective, this kind of land use was not a high intensity traffic generator. The trees on the site would remain and if there were any future development of the area, staff would be looking at existing vegetation being retained. The western portion of the site has been identified as an area that was environmentally sensitive so the City does have concerns on how the area develops. Member O'Dell asked what was planned across the street in the Clarendon Hills area and will it continue to be single family residences and will any of the streets ever connect out to Shields. Ms. Clark replied the area to the cast in Clarendon Hills is planned for a church location and the street pattern shows the streets that would connect with Shields, Hilldale and Clarendon Hills Drive. To her knowledge those would be the only access to Shields Street. Everything else, including the church would have to access off of the internal streets. Member Shepard asked what was proposed for the western portion of the Master Plan. Ms. Clark replied that when the board reviewed and approved the Master Plan last fall, it had 9 single family homes and they were planned for lots that were somewhat smaller that, the existing lots. They have been talking with the applicant and had already had a neighborhood meeting several months ago to discuss a proposal to develop portions of the western property. At that time • the lot sizes had been increased somewhat and any plans in the future will go 17- back to the neighborhood for their input. The proposal would have single family lots consistent in size with what the Ridge has. Member Shepard moved for approval of the South Shields Vet Clinic PUD Final. Member Strom seconded the motion. Member Carroll stated one of the items they had to take into consideration in the All Development Criteria was social compatibility and would assure the neighborhood that the development in The Ridge was one of the things that staff and the Board considered. He pointed out that this particular final was only for the clinic in the very northeast tract and did not touch any of the lots in The Ridge. Therefore he did not see the contact between the vet clinic and the lots in The Ridge. Secondly, would like to assure the neighbors that when the plat comes in for the western section of the lot, criteria I would be looked at a great deal and thinks the other thing the board considered was noise. This was not a kennel but a clinic and the animals would be enclosed within walls. The doctor had asked for outside kennels or caging, staff would have taken a much different look at it. Member Strom stated if he felt the neighbors would have a noise problem he would not support it and thinks the location and the construction and the fact that this is an interior only facility should be more than enough protection. Chairman Kern stated that he agreed with the statements made by the Board and he thinks that Shields Street is a relatively high traffic area. This serves as an adequate buffer to the proposed future development. Motion for approval passed 7-0. SPRINGBROOK PUD - Preliminary and Final #7 40A Sherry Albertson -Clark gave the Staff report recommending approval with the condition that all drainage issues be resolved to the satisfaction of the Storm Drainage Department prior to staff filing final plans. Dick Rutherford from Stewart and Associates stated they had answered their major concerns from last month by eliminating three single family residences and increasing the depths of the lots that were backing up to Drake Road. Member Walker commended the applicant for the change and appreciated the fact that they heard what the Board had to say and modified the plan appropriately. Member Burns moved for approval of Preliminary and Final of Springbrook PUD with the Staff condition. Member Walker seconded the motion. Member O'Dell stated that it was a much improved plan and it worked well. Motion was approved 7-0. 18- GIANT VIDEO AT CIMARRON PLAZA ADMINISTRATIVE CHANGE • #7 -81F Ted Shepard gave the staff report recommending approval. Mr. Donald Slack, architect and planner for Cimarron Plaza and Arrowstone Development stated they appreciated the opportunity to come back, obviously the pending approval of the drive-thru facility was of importance to them and the magnitude of importance that they felt it appropriate to take a look at the comments that were made in the previous hearings and to try to bring about a change in revision to the proposal that would allow the Board to approve the submittal tonight. Mr. Slack stated that Arrowstone asked them to get involved in order to make the most positive statement they could about their sincerity in trying to address these concerns. He stated they had met with staff and gone to the site with the staff letter in hand based on the previous comments to see if they could address them and come up with a plan that would meet the Board's satisfaction. Mr. Slack stressed that the applicant believed with this plan, that they had met the concerns and they are open to hear any other concerns the Board had to improve the plan in order to move forward with an approval. Mr. Slack went over the plan and the specifics that had been done to address the concerns of the past. • Mr. Slack stated the major concern, as they understood was two -fold, first concern was the order board, and that they had been eliminated all together. He stated the drive-thru was the critical aspect of the operation, providing additional service to their customers, so it was that they were bringing before the board tonight. • Mr. Slack stated that they had created berating on the south and southeast corner of the drive-thru as well as additional berming on the eastern side at Shields. They had created the berm on the eastern side by way of a 2 ft.. high curb adjacent to the east edge of the drive-thru to create a hill side effect so that from all views, both south and north bound on Shields, the drive thru is hidden. There was no asphalt to be seen. He stated that one of the comments by the Board was enhancement of the streetscape and loss of landscaped area. They had taken the philosophy to a certain extent along Shields that out of sight, out of mind, so they had hidden the drive thru so you could not see it and had done so with the use of berms and shrubs. They had also eliminated two parking spaces at the very northeastern corner of the facility and in that location had added 150 s.f. of sodded, landscaped area and three additional pine trees to shield the headlights from anyone sitting in the drive thru facing north at night from shining in the eyes of the oncoming traffic to the south. They had added five additional dogwood shrubs along the eastern edge to close the gap of the existing landscaping that was there now and added three additional dogwoods at the corner to try to carry the theme of the dogwoods existing to the south throughout the street edge along Shields and bring the color all the way along. He stated they had replaced the existing evergreen plant materials and put it on the eastern edge of the drive thru on top of the berm. -19- He stated from a pedestrian view point, clearly the drive-thru crosses the pedestrian access points in a couple of places: one in the exit and one in the entrance of the drive-thru. In both cases they had created a patterned concrete crosswalk to give visual definition to both the pedestrian and the motorist and a texture for the motorist to be aware that it was in fact a pedestrian crossing. He stated the cars do not project into the crossing when sitting at the drive up window and they had allowed the pedestrian easy and safe access to the center and still provided the drive-thru facility. He stated what they had achieved with all of this was that they had a drive-thru facility that had no visual impact and that the amount of landscaping that would be seen from the street and what the public would perceive by driving by the project was no longer less than it was, but in fact greater than it was. They had brought the landscaping into their view and added additional material so the view is enhanced. They had created what they think was a facility that meets or exceeds the standards of other drive-thru's in the area. Clearly an advantage that this one has was it was not attached to a restaurant, (fewer cars idling than a restaurant) so from a comparative point of view, they believed this was compatible with some other facilities of the city. Set backs exceed the Burger King down the street, both for the drive-thru and the building. Member Walker asked if there would be any modification to lights on the building to some how light up the roadway. Mr. Slack replied no, the drive thru was sufficient in and of itself and what lighting there was on the street edge and in the parking lot and the head lamps of the cars would not necessitate any more lighting. Mcmbcr Walker asked if there would be any lights on the building illuminating the point where the window is where the people would be getting their tapes from. Mr. Slack replied no, they did not anticipate that at all. Member Walker stated that it appeared when entering the drive thru you would be going through what was one parking space. Mr. Slack replied that was correct. Member Carroll stated that Mr. Slack had mentioned the 24" berm on the roadway and were they actually going to drop the roadway 2 ft.. or will they be building up the berm 2 ft.., or would there be just a wall of railroad ties that were 2 ft.. Mr. Slack replied that the curb that would form the eastern edge of the drive thru would be a 2ft. high curb instead of a 6" curb, and the curb would receive built up earth between it and the existing hillside such that in essence would raise the hill that distance in order to bring the vicwplain up and toward the street, this had the second effect of visually appearing to lower the drive-thru although that was not physically lowered in order to meet grades on either end. Member Carroll asked if the purpose of the drive-thru was to drop movies off and would it have a box to drop movies off after hours? 20- • Mr. Slack replied that the window function was the same during and after • hours for movie drop off. Member Carroll asked about pick up of movies. Mr. Slack replied it was also possible to pick up a movie from the drive thru window and what was anticipated there was that an order in advance would be stacked at the window and when you came to the window it would be ready for pickup. Member Klataske asked what was the anticipated time it would take to pick up I movie. Mr. Scott Pearson, manager of Giant Video, replied the anticipated time for the transaction would be approximately the same if you would go inside and pick up because it is a reservation and that would be about 20 to 30 seconds that you would be transacting. He stated it was really designed for reservation pickup and drop off and that was the way they felt they could have a service impact. Chairman Kern asked if the window was at the southern most part of the building, and, did that mean there would be no cars stacked along the eastern part of the building Mr. Slack replied no that it was at the southern edge of the glass area of the building, 20 to 25 feet south of the north end of the building. • Member Carroll asked if the other Giant Videos in Fort Collins would be requesting a drive thru. Mr. Pearson replied that no they would not and this was the only location that would work. It really stems from the original PUD that had a drive thru and that is what gave them the idea. Member Klataske asked whether the giant tree would stay or be relocated? Mr. Shepard replied that it would remain but would likely be trimmed at the lower branches. Member O'Dell asked for clarification on the distance from the edge of the drive thru lane from the building and from the existing sidewalk on Shields. Mr. Slack replied that the western edge of the drive thru is only about a foot and a half off of the building wall itself, which was where they planted the Oregon Grape to give them a visual buffer and soften the foundation planning. The drive thru itself is 10 feet wide and some 32 feet to the right of way line, and the sidewalk is within that area. Member Kern stated he recalled that the sidewalk was some 30 feet from the edge of the building, meaning it was now 20 feet from the edge of the drive thru. Member O'Dell added that then you had to take out another foot and a half or three feet as it states in the site plan at the southeast corner, so actually • they were getting under 20 feet away from the 20 foot setback. -21- Member O'Dell asked how much grass would be between the drive thru lane and the sidewalk. Mr. Shepard replied 27 feet, and the sidewalk is 7 feet so 20 feet but typically the sidewalk is included in the set back calculation, so it would be 20 feet from edge of drive thru the back of the sidewalk. Member O'Dell added that with the 3 feet at the southern end of the building it would be 17 feet at one point. Member Walker asked if at both the entrance and the exit the total loss of parking would be three spaces, one at the entrance and two at the exit. Mr. Slack replied yes. Member Strom asked about the location of the additional dogwood trees. Mr. Slack explained where the dogwoods would be located, and that the evergreen pfitzers located along the building now would be moved to the eastern edge of the drive thru at the top of the two foot berm that was being created. Within those would be interspersed dogwood to create a pattern of the trees that are there. The pfitzers would be a low continuous ground cover and the dogwood would add color and additional screening and soften the edge of the building as you view it from Shields. It was a combination of those three landscape elements set on a 2ft high berm that hides and buries the drive thru lane. Member Strom asked how big the pfitzers were. Mr. Slack replied that they were 5 gallon and being transplanted from the existing location. They would be 18 to 20 inches high planted on top of the 2 foot high berm. Member Walker stated that it would appear that there would be 1500 to 1600 feet of additional paving added to the site and in addition the loss of three parking spaces. What was compensating for that was the 150 feet of additional landscaped area and some buffering and he felt there was not enough balance in the plan to suggest that kind of a loss of green space, which was a balance that was established when the initial PUD was approved. The relationship of buildings, greenspace and roadway were in some aesthetic configuration that worked and now they were being asked to actually pave over 1400 s.f. of the site and he did not see it as a very favorable trade off. Member Carroll stated he went to the location and what concerned him was criteria #27, site organization. He thought that there had been some discussion about a drive-thru that was initially mentioned or discussed in an earlier P.U.D. Plan and was somehow left off the final P.U.D. Had this been brought to the board without a building there it would be relatively simple to suggest that the giant video building be moved some 6 to 10 feet to the west and that the road be at a level of the sidewalk. He stated at the Burger King, and did not want to get into a comparison, the area was planned and the drive way is at the level the same grade as the sidewalk with an even berm in between. He was concerned with the loss of green area and there was a significant grade from the sidewalk to the building. When it is built up another 2 feet, again -22- • that would come into site organization and we already had a street coming in • that they were looking at. He wished it would have been included in the Mastcr Plan of the area instead of coming back and trying to squeeze it in where it is not a good elevation and does not leave a lot of green area between the sidewalk, the street and the building itself. Member O'Dell cited in addition to Member Carroll's comments about criteria #27, criteria 33 and 36 concerning the arrangement of buildings and open space and whether it contributes to the overall aesthetic quality of the site configuration and street and parking system designed to contribute to the overall aesthetic quality of the site configuration. She did not believe she could answer yes to those. She believed that the addition of more pavement and taking out landscaping in a center she believed had landscaping on its backside, did not benefit the people on Shields being able to see and she thought that was negative. She added she could not answer yes to that criteria. Member O'Dell moved for denial of the administrative change to Cimarron Plaza PUD. Member Walker seconded the motion. 'rhe Motion was approved 7-0. • • -23- 11 — 1w"I Jrnuuz rA la rUU �— ........ . FORT : COL:LtNS ............ WATER TANK ANNEXATION ' ' ' .osk,ti ^ -r" . n�tiw : ONE PROSPECT PUD BURNS ANNEXATION:::::: :::::L ::.:::::::::::::::::::::' •. f ' _ �•0 HORSETOOTH COMMONS::::'