HomeMy WebLinkAboutPlanning And Zoning Board - Minutes - 12/16/1991PLANNING AND ZONING BOARD
MEETING MINUTES
December 16, 1991
The regular meeting of the Planning and Zoning Board began at 6:35 p.m. in the Council
Chambers of City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado. Board members
present included Chairman Bernie Strom, Lloyd Walker, Jim Klataske, Joe Carroll, Laurie
O'Dell, Renee Clements -Cooney, and Jan Cottier. Board member Jan Cottier left at 12:00 a.m.
Staff members present include Assistant Planning Director Joe Frank, Sherry Albertson -Clark,
Steve Olt, Ted Shepard, Kirsten Whetstone, Mike Herzig, Deputy City Attorney Paul Eckman,
Kerrie Ashbeck, Kayla Ballard, and Patti Schneeberger.
Mr. Frank presented the Consent Agenda which included: Item 1 - Approval of Minutes from
the September 23, October 21, & November 18, 1991 meetings; Item 2 - Four Seasons, 7th
Filing, Final, #112-790; Item 3 - The Courtyards at Southridge Greens (Formerly Third
Replat of Mail Creek Village), Preliminary and Final, #9-82AE; Item 4 - Fort Collins Retail
Center, Applebee's, Final, N50-85F; Item 5 - The English Ranch Subdivision, Preliminary,
#75-86E; Item 6 - Fort Ram Village PUD, 2nd Filing Easement Vacation, #PZ91-71; Item
7 - Amendment to Chapter 29 of the City Code, and Item 8 - which was pulled for
is discussion, Amendment to Chapter 29 of the City Code, #54-91.
Mr. Frank presented the Discussion Agenda which included: Item 9 - Taco Bell Restaurant
PUD, Preliminary, #50-90A; Item 10 - Paragon Point PUD (Formerly Fossil Ridge), Overall
Development Plan, k48-91; Item 11 - which was combined with Item 10 but voted on
separately, Paragon Point PUD (Formerly Fossil Ridge), Preliminary, #48-91A; Item 12 -
Blevins Subdivision, Lot 9 PUD, Preliminary, #42-91; and Item 13 - South Fort Collins
Veterinary Center PUD, Preliminary, #46-91.
Chairman Strom asked if there were any Consent items that the Board or members of the
audience wished to pull for discussion. There were no items pulled for discussion.
Chairman Strom asked Deputy City Attorney Paul Eckman if anything more in depth was needed
besides the staff report to deal with the variance requirement in the English Ranch Subdivision.
Mr. Eckman felt that the variance included in the English Ranch recommendation was implicit
that the variance go with the approval.
Member O'Dell moved to approve Consent Agenda items 1 through 7. Member Cottier
seconded the motion.
The motion to approve carried 7-0.
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AMENDMENT TO CHAPTER 29 OF THE CITY CODE #54-91
Deputy City Attorney Paul Eckman stated that this ordinance was to cover the problem which
exists when a planned unit development is approved on the property and yet someone might
decide at a later time to develop the property under the uses by right that exist in whatever zone
the property might be in.
A recent Colorado Supreme Court decision confirmed the right to develop a use by right
If the developer had obtained approval for a planned unit development and instead decided the
property was to remain undeveloped, the developer would be prevented from expansion on the
property; such as an outbuilding of some sort.
The change to the amendment was in paragraph (a) which changed the wording from ....pursuant
to any other uses which are otherwise authorized as permitted uses ....except upon the
occurrence of one of the following events, to ....as a use specifically permitted by right
....except for the purpose of continuing or expanding any legal use which existed upon the
property at the time of the approval of the planned unit development plan.
Member Walker moved to recommend approval of the Amendment to Chapter 29 of the
City Code.
Member O'Dell seconded the motion.
The motion to approve carried 7-0.
TACO BELL RESTAURANT PUD - PRELIMINARY
Ted Shepard gave a description of the proposed project. Staff recommended approval with two
conditions that relate to the hours of operation of the restaurant and the treatment of the right
turn lane on Prospect Road should the capital project not be constructed.
Al Hauser, Architectural One P.C., briefly discussed the design features of the project. The
project initially began in November of 1990 when it was brought to conceptual review with a
proposal to demolish or move the Wickersham residence and construct a new Taco Bell. That
proposal met with resistance from the staff in terms of demolishing the house and it was
recommended that the residence be remodeled.
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The site plan which was presented at the board meeting addressed the adaptive reuse of the
residence. That provided some significant issues that dealt with neighborhood character,
architectural compatibility, and saving the existing trees. The current design that was presented
allowed the developer to save all but one of the existing trees.
Mr. Hauser pointed out that the historic preservationists hoped that the remodeling of this
structure would pave the way for all properties in the area to follow suit in more adaptive reuse
in that area as opposed to demolition of the structures.
The redevelopment also offered the removal of a small outdated restaurant design, replacement
of the outdated pole sign, it will close excessive curb cuts, addition of the drive-thru service
lane, increase in the onsite parking, ten percent of the new area was dedicated to the City of
Fort Collins in order for improvements to the intersection, and the improved landscaping and
fencing.
There was a variance requested regarding the insufficient point chart, which should be offset by
the neighborhood compatibility standard and the saving of the existing trees.
The main level of the existing residence that is being redeveloped will serve as the seating areas
of the restaurant and the addition which goes on the eastside will accommodate the kitchen and
restroom functions.
There were two neighborhood meetings that took place. The concerns that were brought up at .
those meetings weren't in regard to design but addressed to management concerns.
Member Walker questioned the corporate policy in regard to signage located in windows. He
felt if signs were allowed to be placed in the windows it would detract from the architectural
compatibility.
Mr. Hauser stated that the signage on the west elevation which consists of one large window and
the other windows are very small, which are surrounded by a lot of brick detail, will remain
unchanged. The larger window would be an etched glass window with the Taco Bell logo.
Aside from that there would be a very small monument sign which was detailed on the site
development plan.
Mr. Les Nordhagen, Taco Caliente, Inc., addressed the painted signage in the windows. He felt
that they would be unable to put those types of advertising in the windows due to the nature of
the windows.
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Member Walker commented on the hours of operation. Part of the rationale on this issue was
that the dining room will be closing on Friday and Saturday at midnight and the drive-thru will
remain open. Part of the concern was addressed by the circumstances that might occur in the
parking lot or have occurred in the parking lot of the existing Taco Bell.
Mr. Nordhagen stated that on Friday and Saturday night there is a security service from 10 p.m.
til 3 a.m.
Member Walker asked if the dining room is closed at midnight on Friday and Saturday per these
conditions, would that also imply that the parking lot be closed or would the security then
enforce a vacating of the parking lot by automobiles that might be parked there.
Mr. Nordhagen stated that he does not plan on barricading the parking lot. He felt that security
patrols are efficient to keep the parking lot clear. He stated that the drive-thru cannot turn back
into the parking lot area so therefore would deter people from entering the lot to eat their food
or to hang out.
Chairman Strom asked since the existing garage was going to be torn down, was it possible to
reclaim some of the brick for use in the sign foundations.
Mr. Hauser stated that they had planned to reuse the brick and the use of the roof tile to
supplement some of the tile needs of the new remodeled structure. He would not suggest to
have the reuse of the material to be a condition of approval but would take a look at the means
of carrying out that request.
Chairman Strom asked for public input.
Mr. Robin Cuany, 1523 Remington Street, made three requests, one of which may have been
solved. His first request was that there be no gaps in the fencing. His second request was that
the fence be at least 6 feet high and made with 1" thickness of wood to create a sound barrier.
His third and final request was that the hours should not be later than 11 p.m. on weekdays and
not later than midnight on Fridays and Saturdays. He understood that the dining room would
not be operated after those hours, but requested that the drive-thru follow the same hours.
Mr. Craig Olson, 1605 Remington Street, felt that the hours of operation suggested are
inadequate. On numerous occasions Mr. Olson had called not only the police, the owner, and
the manager to receive no satisfaction of resolving the problem. Mr. Olson stated that on one
occasion was told that Taco Bell had security, he has yet to see them. Mr. Olson pointed out
that on the weekends there are trash problems which occur the morning after. He felt that the
City was paying for the owner to make a profit. As a taxpayer he felt he did not want the
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December 16, 1991
Police Department playing the role of a security guard for a profiting corporation. Mr. Olson
also commented that he has paid for extra trash removal due to the negligence of the owner.
He felt that Taco Bell was the worst neighbor anyone could have. Traffic problems were also
a factor of Mr. Olson's discussion. He felt that the intersection on College and Prospect is a
hazard and wished that they would deal with that situation before any other matter.
Chairman Strom closed the public input portion at this time.
Chairman Strom asked Planner Shepard to address how the traffic situation was being dealt with.
Particularly the congestion of traffic in the left turns off Prospect into Taco Bell. Also, what
are time frames for the improvement of this intersection.
Mr. Shepard stated that the curb cut that causes the problem was on Prospect and there was a
proposed median project that was scheduled for 1993 or 1994. This project would build a
median that would prevent left turns into the site from east bound traffic. The interim solution
would be to construct a "pork chop island" at the intersection of the curb cut. The curb cut
which exists on College Avenue closest to Prospect Road will be moved 100' to the North to
prevent any hazards that are currently occurring.
is Chairman Strom asked Mr. Shepard to briefly itemize the current recommendation of the
business hours.
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Mr. Shepard recommended that the hours be limited to a midnight closing of the dining room
on Friday and Saturday and a midnight closing of the entire restaurant on Sunday. This
condition was silent on the closing of the drive-thru lane. The idea was that the rowdiness and
loitering occur in the parking lot and dining room and that with a drive-thru lane they must exit
the premises immediately.
Member Cottier questioned the fence height along the alley. She referenced the staff memo
which stated the fence height varies from 4'8" to 5'4" and would prevent any light spillage from
the menu board. But the staff memo also stated that the menu board was going to be 6 1/2' tall.
Member Cottier asked, how does the fence prevent light spillage when the menu board was a
foot taller than the fencing?
Mr. Shepard stated that the fence was mounted on an 8" vertical curb, plus the fence height.
He felt that the architect might be willing to look at that aspect and make sure the fence does
block the light from the menu board.
Member Cottier then referenced that the actual fence height did not take into account the curb
height which the fence sits on.
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Mr. Shepard agreed, then proceeded to suggest reviewing a slide which indicates the fence/sign
height factor.
Member Clements -Cooney had a couple of issues with signage such as: window painting, she
did not feel it would be compatible with this type of building structure and would like to see that
as a condition; and the signage on the west elevation she does not feel is compatible with the
neighborhood and that visual integrity of buildings along College might be diminished with that
particular sign and would also like that to be a condition of excluding that sign from the west
elevation.
Member Walker was still concerned with the fact of loitering in the parking lot even though the
drive-thru would take away from that. He felt that the people would only have to drive around
the block to come back to the parking lot. He wondered what the feasibility would be of adding
a condition stating that there would be a midnight closing of the dining room and the parking
lot.
Mr. Shepard thought that this was the time to make that condition at the Preliminary and would
give everyone a month to work on that condition with the legal department, with Mr. Hauser
enabling him to explore some design aspects of that, and with Mr. Nordhagen to see if it is
feasible.
Member Walker stated that he was not asking for barricades, but to have something in writing
to the fact if someone is loitering in the parking lot that it is not the question of what are they
doing there, but a question of that they are there and this establishment is closed.
Member O'Dell addressed a question to public attendee Mr. Olson, in regard to the noise level
and where was it coming from.
Mr. Olson answered that the noise level was rather high and it was coming directly from the
Taco Bell parking lot.
Member Walker readdressed the closing hours of the restaurant and asked Deputy City Attorney
Paul Eckman to give his legal opinion on stipulating a midnight closing of the parking lot.
Mr. Eckman responded by wondering how that would be enforced as a condition of approval,
for example if someone drove into the parking lot because they had a flat tire, etc., technically
there would be a zoning violation. So he is fearful the enforcement may cause a problem and
how would the City enforce this condition in respect to the owner of the property and keeping
the people off the site.
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Member O'Dell agreed that the condition would be helpful, because there would be a little more
legal standing as to stating that the parking lot is closed, whereas in the past that wasn't the case
and could not state or enforce that.
Mr. Eckman agreed with Member O'Dell's comment as to the owner would be in zoning
violation if people were using the parking lot as a hangout; and therefore be more inclined to
keeping the parking lot vacated.
Member O'Dell had asked Mr. Shepard to make clear to the people on what the variance
contains and what the reason was for having a variance.
Mr. Shepard explained that the variance that was before the board was auto related and was in
regard to the roadside commercial point chart. The minimum required score is 50 percent and
this project scored a 38 percent.
The LDGS has a provision that allows the board to grant variances and the criteria is very
specific, for example, if the applicant brings forth a plan that is equal to or better than a PUD
that does meet the point chart then the board is in power to grant that variance. This particular
site does not get points for mixed use, does not get points for more than 2 acres, and does not
get points for not being located at two arterial streets. These are some locational disadvantages
that the site has now through historical parcelization of property in the older part of town.
The developer brought forth a plan that staff feels is equal to or better than a plan that could
have had mixed use or could have been a strip mall. Staff felt that the saving of the house, and
the addition of the Wickersham property brings forth a lot of significant value to the architectural
character of the block, to the compatibility of the neighborhood, and the saving of the mature
trees.
Member O'Dell commented on how she was really pleased with Taco Bell and the City on what
they have managed to come up with and working together. She felt that it is great for the City
and hopefully will be great for Taco Bell. Member O'Dell also sensed that from meeting with
the neighbors over the last several months has helped Taco Bell become aware of the problems
and as a result will be able to alleviate those problems. She felt that the trash problem,
unfortunately even though it originates at Taco Bell, it is not Taco Bell that is throwing the trash
on the ground, it is our kids. So she felt that maybe as parents and concerned citizens we could
do something to help our kids pickup their trash, but she did not feel it is Taco Bell's
responsibility.
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Member O'Dell moved to approve the Taco Bell Restaurant P.U.D., Preliminary, #50-90A
with the variance request. Also with two conditions, one having to do with the hours of
operation indicating that the dining room close on Friday and Saturday night at midnight
and second if Choices 95 Capital Improvement Project is not constructed then the
temporary river rock along Prospect Road be replaced by irrigated turf or other living
ground cover. She also added a condition that there be no temporary window signs allowed
on the building.
Member Cottier seconded the motion with a clarification on the third condition.
Member O'Dell clarified that there should be nQ window signs, such as temporary ones,
excluding the etched glass sign.
Member Cottier stated that the second still stands.
Mr. Shepard wanted to clarify condition number one on the midnight closing on Friday and
Saturday night of the dining room and that there be a midnight closing of the entire restaurant
on Sunday.
Member O'Dell clarified that Sunday is part of the motion.
Chairman Strom commented that he is particularly pleased with the adaptive reuse of the
residence and applauds the applicant and his architect for being willing to spend the time and
effort to make this project work. The plan as proposed is definitely worthy of a variance. He
would like to see, however, the applicant still working with the neighbors in regards to making
a restaurant fit in with a residential area. '
The motion to approve carried 7-0.
PARAGON POINT P.U.D.. OVERALL DEVELOPMENT PLAN. #48-91 AND PARAGON
POINT P.U.D.. PRELIMINARY. #48-91A.
Chairman Strom felt it was in best interest to combine for discussion purposes item 10 and 11,
but vote on each item separately.
Mr. Steve Olt stated that he would proceed with the description on the overall development plan
and move directly into the description on the preliminary. Staff recommended approval of
Paragon Point P.U.D., Overall Development Plan, #48-91, and also recommended approval with
conditions of Paragon Point P.U.D., Preliminary, #48-91A with a density variance to the
required three dwelling units per acre minimum. Mr. Olt stated that a neighborhood meeting
was held for this project on the 24th of September to present this proposal to the interested
property owners, who at that time stated their primary concern was about the extension of
Southridge Greens Boulevard to the south, which would connect that existing development with
the Paragon Point P.U.D.
Chairman Strom asked for a point of clarification on that the staff report states there are 66
single families on the eastside and that the Overall Development Plan notes as 86 single families,
which is correct.
Mr. Olt stated that the traffic study indicated 66 potential single family units on that eastside.
He felt that a verification should come from the applicant.
Mr. Jim Sell, Jim Sell Design, stated that he had followed the LDGS Site Design Guidelines in
laying out the project. Basically the site is 148 acres, but most of the site is unusable for
development of single family, multi -family, or commercial use. It is divided into three different
land area by two drainages that pass through the property, being Fossil Creek and an unnamed
drainage that comes in from the west.
iThere is a large flood plain that was created and subsequently expanded as a 100-year developed
flood plain, and there are also wetlands identified through this area. Seventy-five acres is the
actual size of usable land. The overall density, when taking that figure into account, and the
actual density is based on projecting the maximum number of units shown on the Overall
Development Plan, would be nearer to five units per acre if you took the unusable areas out.
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Mr. Sell stated that one of the first area that concerned him was the access to the project. If
one was to drive to the site one would see a cul-de-sac that ends at a golf course and does not
look as if there were any future plans for road extension. Legally though, the plats that were
originally made for that area show a road extension in that particular area.
There is a trail system planned that is not in very good condition. There is not a great deal of
water in this area. We are working on a study to check on the feasibility of creating ponds
through out this area and used as partial reservoirs to pump water for irrigating the parks located
in that area. The trail system would extend a 10 foot wide system that would end at Trilby.
Project signage would occur off of Lemay and proposed at the entrance from Greenridge.
In speaking with the Colorado Division of Wildlife, we found that ferruginous hawks and
occasionally Bald Eagles feed on the prairie dogs in this area. The Colorado Division of
Wildlife stated that as the area is developed the hawks and eagles will simply feed in other areas.
Mr. Sell felt that it was not a question of whether this is habitat that can't be lost or it would
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cause irreparable damage to these species. He felt that concern was not the case at all. When
prairie dog populations reach a certain size, then a citation is issued to the land owner to have
that corrected. The citation states that the population needs to either be removed or eradicated
in order to prevent the spread of disease. Prairie dog populations can reach well over 1,000 and
are damaging to the area.
Mr. Sell stated that the creekbeds in this area are generally burned for agricultural use, therefore
the banks of the creek no longer have vegetation. The burning of the ditches would stop once
this project was started, therefore resulting in the vegetation growing back and lining the bed
with cottonwood trees. The wetlands area is located on the corner of Lemay and Trilby and the
damage that has occurred in this area is the draining of the water out of this area. This project
would fill this area in so the wetlands could be reclaimed. Mr. Sell felt that the preserving of
some areas and repairing others cause this project to be a plus and not a negative.
Mr. Steve Human, TST Consulting Engineers, found that there is really only one major issue
on this project and that is access into this area. Southridge Greens PUD was platted back in
1982 and included a right-of-way for that street, which was at that time called Greenridge Lane.
In May of 1984, the Greenridge Subdivision was platted and the final road construction plans
that were included with that did include road design all the way to the property line. In August
of 1991 the Southridge Golf Course Plat was filed, as well as some replatting of some tracts,
which included that right-of-way to align it more evenly with the existing road that was an offset
of 10 to 15 feet.
Mr. Human felt that TST's intention was to extend Southridge Greens Boulevard from the
existing cul-de-sac all the way down south to Trilby Road, this would include paving from the
existing cul-de-sac across the golf course, and along the limits of the Phase I development.
During construction the road would be barricaded at the property line so as to not allow
construction traffic through that existing area. The construction traffic then must enter through
the emergency access road off of Trilby Road.
Through the course of working on this project there have been a lot of questions and suggestions
of the different ways that the access into this area might work. The possibility of crossing the
railroad tracks to the east is virtually impossible to acquire an at grade crossing with the railroad
and that limits it to either going underneath or over top of the tracks, which is obviously not
feasible either from financial or topographical position. Once across the railroad there would
be 1/2 mile, to the south or to the east, of private property to cross until coming to a public
road.
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Another option suggested is to cross Fossil Creek and basically tie the two halves of Phase I
together. In essence, the development would be crossing the flood plain of Fossil Creek. In
crossing Fossil Creek without expanding that lake, it would cause that flooding or ponding
simply further up -stream. What it would take to cross Fossil Creek is a 200 foot span bridge.
Mr. Human felt that this option is also not feasible or very realistic. A third suggestion is that
the access across the golf course be for an emergency access only, which the Fire Department
only considered to be a temporary situation.
The fourth option is to pave the road all the way to Trilby thereby allowing access for the full
distance and accessing from the south. The City, as understood, is not in the position to
improve Trilby to a full City standard collector road at this time. The other issue with this
option is that long of a street, virtually a 1/2 mile without any residences along it would open
up a problem of a hangout area for teens.
The fifth and final option is not to construct Southridge Greens Boulevard across the golf course
until after Phase I construction is complete. Mr. Human felt that initially it might make alot of
sense, but the reason for proposing to construct the road for the very first thing is simply
because construction should be underway in the March or April timeframe. That, in TST's
opinion, would be the best time to have the construction of the road complete, so the
construction does not interfere with the peak golf season in the middle of the summer. If the
development of the road was to wait until after the infrastructure was done on Phase I, it would
be in the June or July months which is the peak golf season.
Mr. Matt Delich prepared the traffic study for this development. The issues which were looked
at were Lemay, Trilby, and Southridge Greens Boulevard, however Mr. Delich confined his
comments to Southridge Greens Boulevard and the intersection at Lemay. At this time the
Southridge Greens Boulevard functions as a collector street. Mr. Delich stated that he will focus
on the volume and level of service of Southridge Greens Boulevard. The level of service is a
qualitative measure of the operation of a street or intersection which is graded by letters A
through F.
In 1991 the daily traffic volume for the beginning segment of Southridge Greens Boulevard was
at 1400 vehicles a day, that is the highest volume area. As one moves into the development
itself the volume decreases due to the branching off of several other streets. The peak hours of
operation are at a level of service A and B. If all the vacant lots were added in to the current
volume, the projected total would be about 2140 vehicles a day. This is about a 1.5 percent
increase. With the increase, the operation still remains at a level of service of A and B. The
addition of Phase I, which consists of 30 dwelling units, would increase traffic volume to 2500
vehicles a day. This is an increase of 15 percent over the previous volume referred to. The
level of service with the 15 percent increase still continues at level A and B.
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Mr. Delich felt that there was much excess capacity for the level of service A and B. Even with
the build out of Southridge Greens Boulevard and Phase I of Paragon Point there will continue
to be excess capacity in that area. The impact of the forecasted trips on Southridge Greens
Boulevard and at the Lemay intersection is really very small. When Southridge Greens
Boulevard is connected to the south to Trilby Road the volumes in fact on the northern segment
of Southridge Greens Boulevard will probably decrease somewhat due to the extra connection.
Mr. Sell clarified the earlier question regarding the 66 units. On the ODP there should be 66
units planned on the eastside of the development adjacent to Southridge Greens Boulevard.
Chairman Strom asked if there were any board questions for the applicant.
Member Cottier asked if Southridge Greens Boulevard was designed to collector standards and
is it a requirement or policy that collector streets should not have driveways backing out onto
them.
Mr. Mike Herzig, City Engineer, responded about not being sure of the classification of
collector or local for the whole distance. Southridge Greens Boulevard was designed for more
of a collector street, until it gets past where the two Fairway Five entrances are located. Then
the street narrowed to a 36 foot street and continued to the south and did not need to be any
wider than that due to the decrease in traffic as it passes south. The issue of the driveways
backing out onto a collector street was not desirable.
Member Walker wanted to know about how the emergency access road works.
Mr. Herzig went on to explain that currently the emergency access road was between a couple
of lots at the south end of Southridge Greens Boulevard that enters into the golf course. The
road continues through the golf course on into a parking lot.
Member Walker wanted to know if the access road was grass or any kind of surfacing on the
area.
Mr. Herzig stated the uncertainty of what the surface was and that it is not very well maintained
and not defined.
Mr. Warren Jones, Fire Marshall for Poudre Fire Authority, stated that the access lane is not
very usable as it is designed now and would not want to deal with that road as an emergency
access road in the future.
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Member Walker Walker asked if Southridge Greens Boulevard were to be terminated as it is now, then
would there be a necessity to upgrade that access.
Mr. Jones responded that the fire department has considered the upgrade over a period of time,
but if that road was to become permanent and there was never any possibility of making that
street connection then the department would have to look into requiring that road to become a
through road.
Mr. Jones felt that the experience in the past with fire access lanes of this type are very poor,
especially from a long range perspective.
Member O'Dell stated that at the time this fire access lane was developed was it the
understanding that there eventually would be another normal street access into Southridge
Greens.
Mr. Jones said to his understanding that there was always the hope that there would always be
some kind of connection there in the future.
Member O'Dell asked if fire access lanes are built to solve a problem temporarily.
Mr. Jones believed that was the intent, however it was his understanding for many years that
at some point in the future there would be that possibility of making that connection to the south
and therefore alleviate that access lane.
Member Carroll stated that from the initial master plan that it was shown as a through road, and
would like some history on that as to how that cul-de-sac was handled.
Mr. Olt answered that the road was shown as having a right-of-way between Greenridge and the
golf course. Three documents all show that right-of-way, the master plan, the Greenridge Plat,
and the Southridge Golf Replat. The right-of-way had been of record since 1984.
Member Carroll referenced the Greenridge at Southridge Greens Tract J and it indicated the date
as April 4, 1984 when it was created, if any thing occurred in the past 6-1/2 years to change
these documents.
Mr. Olt responded that the only activity that occurred was the replat of Southridge Golf Course.
It was replatted this past summer and did in fact allow for that dedicated right-of-way.
Member Carroll stated that when Tract J was approved in 1984 that Bucain was allowed to start
selling lots along Southridge Greens.
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Mr. Olt stated that was a correct statement that Bucain was allowed to start selling lots.
Member Carroll then stated that Bucain had finished the planning process, Tract J was approved
and the lot sales went ahead, so this was the final step of the process as it existed.
Mr. Olt agreed that it was the final recorded plat for Greenridge that enabled the developer to
sell those lots.
Chairman Strom asked Mr. Delich if you referenced any current speeds that took place on
Southridge Greens Boulevard and were all the sight distances for some of the crossings
reviewed.
Mr. Delich stated that he did not do any of the specific speed studies along Southridge Greens
Boulevard. Though when the traffic counts were conducted he casually observed and noted that
the speeds did not seem excessive along Southridge Greens Boulevard. The posted speed is 25
mph. Sight distance was not reviewed along Southridge Greens Boulevard. In driving the road,
counting units and vacant lots, he made casual observations that there are some limited sight
distance areas.
Chairman Strom asked for public input.
Mr. Walter Gates, President of the Board of Directors for Southridge Greens, felt that there
have been a number for and a number against the implementation of this project. Southridge
Greens residents submitted a petition to the Board which consisted of 216 signatures and out of
the 216 signatures 148 different units are represented. That works out to be 89 percent of the
people in Southridge read and agreed to the petition. The position of the Board and the people
of Southridge Greens was not opposition to the project per say.
Mr. Fred Frantz, Resident of Southridge Greens, stated that the residents are not opposed to the
development and felt that a lot of planning and intelligent thought has gone into this project, and
the developer and staff have done a commendable job. The residents wish to express their total
opposition to the extension of Southridge Greens Boulevard.
Mr. Frantz and the residents felt that the developer is asking to come through Southridge Greens
beautiful entrance in order to gain access to his development. The residents do not feel that it
is keeping with the original intentions of our subdivision, nor the intention that most of the
residents had when they purchased the property in this subdivision. There are several factors
involved, one of which is the method with which the developer is planning his project to its final
completion. That being the areas most closely adjacent to the golf course, then the area in the
southwest comer, and the area that is clear at the southeast corner. What guarantees were going
14
P & Z NUNUTES
S December 16. 1991
to be placed so that the developer will in fact finish this entire subdivision?
The residents were also concerned with safety. Southridge Greens Golf Course winds in and
out of the subdivision and there are currently three golf crossings between holes 1 and 2,
between holes 7 and 8, and between holes 10 and 11, that cross the boulevard. One of those
crossings is on the area of the street that is built and designed as a collector, that being from
Lemay up to where Southridge Greens is joined by Hummel. The other two crossings are on
a local street.
If Southridge Greens Boulevard was allowed to extend through hole number 12 it will add one
more crossing. With 40,000 rounds of golf played per year each crossing therefore has 40,000
people crossing. By adding one more crossing there is a total risk of a 160,000 people crossing
what will soon be a through street.
As far as the traffic was concerned, most anytime one could go to Southridge Greens and the
area where the median is, one would probably find that the traffic is moderate speed. Down
beyond hole 7 and 8 towards the end of the cul-de-sac the speeds are very high. The speed of
the traffic is also a concern to the residents of this area. Southridge Greens Boulevard down
toward the Greenridge Subdivision is populated with a lot of younger children who play in that
is area due to it being a closed end street.
•
At the point where Hummel Drive joins Southridge the boulevard reduces to a width of 36 feet.
Thirty-six feet of street is a local street, not a collector, and should not be intended to be such.
The Homeowners Association retained Mr. Brian Shear, of Shear Engineering Corporation, to
conduct a study on the design standards for the City of Fort Collins on various types of streets.
Mr. Shear determined that Southridge Greens Boulevard is designated as residential or local
street. The City of Fort Collins street design standards indicate that a collector street must have
a minimum centerline radius of 610 feet. All centerline radii that are less than 240 feet is
considered a residential street. Southridge Greens Boulevard was considered a residential or
local street. Also, according to Mr. Robert F. Leigh, of Leigh, Scott & Cleary, Inc.,
Southridge Greens Boulevard ends as a collector street at Hummel Lane and anything south of
that section is considered to be residential.
Some of the intersections in the neighborhood are hazardous at the present time. The residents
contend that if the traffic was to increase in that area, that it would only make the situation more
difficult. Due to foliage overgrowth it is very difficult to see traffic by Fairway Six Drive,
presenting a hazard for the residents who live in that area. Also, there are homes that back out
onto Southridge Greens Boulevard and the people who occupy those homes find it rather difficult
to back out of their driveway now with the traffic that is going through there at the present time.
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Our homeowners pay a monthly dues for the up -keep of the street, the median, and the greenbelt
area and find it unfair that the new developer to the south will not contribute to the up -keep of
our street maintenance or the monthly care.
In the event that Southridge Greens Boulevard be extended, hole number 12 would lose 5 out
of 7 tee boxes. This hole is rated one of the best. Southridge Golf Course, the residents feel,
has come under a lot of scrutiny from City Council. There are those residents who play quite
a bit as well as those from all over the city enjoy Southridge. Southridge has a higher fee base
for daily green fees because the city wants the course to stand on its own. The residents felt that
any dilution from the course could hamper the attractiveness of the course.
Some suggestions that the residents have offered are in regard to keeping Southridge Greens
Boulevard as only an emergency access road.
Mr. Jim Brown, 5824 Southridge Greens Boulevard, stated that he was not against the
development, but he was against the extension of Southridge Greens Boulevard. His house is
one of 30 that has a driveway which backs out onto the street. There are 6 houses in that area
which are elevated above the boulevard and, when icy, cars just slide out onto the street. Mr.
Brown found that the plans that were drawn looks great on paper, but now that the boulevard
is a reality, the street works just fine the way it is. He quoted an old saying that states "if it is
not broke, then don't fix it."
Ms. Janey Chintolla, 6006 Southridge Greens Boulevard, opposed the extension of the
boulevard. The development of Oakridge Estates did not put a road across the golf course to
connect that development with the Southridge neighborhood, why does our street not only go
through our neighborhood but through the golf course to connect to another neighborhood.
Southridge had to develop its street off of L.emay, it seems that the new development should also
go through the same amount of time and expense as our neighborhood did. The cul-de-sac at
the very end is occupied by two residences and she owns one of those lots, so the construction
would be at her driveway and the barricades out in front of her home, and she found that to be
very unacceptable and unsightly.
Ms. Chintolla was also disappointed in the sight of the map and slides present at that meeting
do not accurately reflect on how the cul-de-sac really looks. All of the maps show the street
heading south on a eastside curve. She felt that the cul-de-sac faces due south if not hooking
a little bit to the west. It appears that part of her property have been taken up to make this
cul-des-ac and what additional property would have to be sacrificed in order for a road to go
through. She has been a resident there for over a year and a half and found that in working with
the builder and the real estate agent she was never informed that Southridge Greens Boulevard
would ever become a through street. She is concerned with protecting her investment in that
16
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cul-de-sac.
In attending the neighborhood meeting in September she learned that there is economic demand
for homes of that neighborhoods caliber. Ms. Chintolla stated that she had asked the developers
and the planners for a copy of the economic study that showed demand for more homes of high
caliber and has not received a copy as of today. Likewise, the local newspaper printed an article
in the last week of the November issue stated that homes in the Fort Collins area ranging in
prices exceeding $200,000, which her house and most of her neighbors do, will take 2 years to
sell. If that is the case, she does not understand the demand for more executive level homes that
the developer had tried to communicate at the September meeting.
Mr. Byron Peterson, Southridge Resident and Member of the HOA Board of Directors,
referenced a letter from Leigh, Scott & Cleary, Inc. that stated the best solution to the access
problem of Paragon Point would be to create a road from Lemay to the Phase I area. It was
stated earlier that it would be to costly to build such an access. Mr. Peterson questions that if
in putting a bridge across Fossil Creek in a strategic point that it would be infringed upon in
case of a hundred year flood. Mr. Peterson consulted several engineers on a construction of a
bridge that was estimated at $250,000 or less for building costs. He was told that an estimated
• number of 355 units are to be built in this subdivision when completed. When breaking down
those 355 units and the cost of the new bridge it would mean a mere $705 per unit additional
cost to build a bridge and it would mean no expense to the developer.
It is also interesting to note that the developer is suggesting 5 cul-de-sacs be built, which does
not make any sense to take away one of our cul-de-sac. The residents felt that it was wrong to
do that type of construction.
The residents feel that any solution other than extending Southridge Greens Boulevard is better
than subjecting the neighborhood to the amount of impact that this development would have.
Mr. Kurt Radkey, resident of Southridge, would like to point out that as one comes down
Southridge Greens Boulevard going west it is a downhill run all the way to Lemay and one has
to go uphill from there. The problem there is one: stopping when there is ice on the road, and
two: getting started to go up the hill. If the road is constructed to go through it would increase
the traffic level, therefore having twice as many cars trying to stop at the end of the hill.
Mr. Keith Johnson, Greenridge area resident, stated that the traffic greatly exceeds the posted
25 mph and the road is not a straight thorough fare. In the evening Mr. Johnson walks to the
mail box with his 2 year old daughter, and as the situation is now he does not let her walk along
Southridge Greens Boulevard without holding his hand. He felt that if it were to become a
through street he would be very nervous about her walking along that street at all. Secondly,
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he is a golfer and feels that the access from the first green to the second tee is an accident
already waiting to happen.
Mr. Melvin Johnson, 5830 Southridge Greens Boulevard, made a quick comment on when the
Southridge development was made that there was a collector street built into it for a ways and
then reduced to a neighborhood street. It should remain as a neighborhood street.
Mr. Terry Gilmore, lives on the Southridge Greens Culdesac, and stated that the speed on
Southridge Greens Boulevard is in excess and the Traffic Enforcement Department of the Fort
Collins Police Department has done a speed study of the area and found the average speed to
be 41 mph at the present time. On Lemay Avenue where the speed limit is 40 mph, the study
found the average speed to be about 56 mph. The study was done in October of 1990.
Mr. Gilmore felt that the City had some responsibility in terms of the fact that they were the
one's who placed the cul-de-sac in its present area and they are the one's that disguised that the
street would never go through. Why was it never told to the people who purchased property on
that cul-de-sac that this street would eventually go through someday? It seemed to Mr. Gilmore
that the decision which is about to be made is on the balancing of the developer and the interest
of a subdivision and appears to be a detriment to the Southridge Subdivision.
Mr. Roger Prenzlow, Owner of Associated Brokers, represented the sellers in this property.
The element of interest to the purchaser was the utilization of Southridge Greens Boulevard and
in no case did any other developer limit the number of units on that east ridge as Mr. Collins
has. The number of units is substantially lower than what could possibly be put there. Mr.
Prenzlow feels that the Board should recognize the original plan density of the Southridge area
was somewhere between 800 and 1200 units, and he notes that the HOA states there are 270
units. So one assumes that Southridge Greens Boulevard, especially near the entrance of Lemay
was designed for the 800 range of units.
In reality, the decision was made in 1994 and if one looks at the map and reviews Southridge
Greens Boulevard, one should recognize that if there was ever to be a crossing of Fossil Creek
from Southridge Greens Boulevard it would have been in the area that is now the Greenridge
Development. The City was instrumental in all of the development phases and opted to choose
the least cost option for the Flood plain that encumbered this property and burden the property
being presented.
Chairman Strom closed the public input session.
Member Carroll asked Mr. Mike Herzig when it would be the developers responsibility for
Trilby.
IV
Mr. Herzig responded that if the development proceeds as proposed
Trilby would be improved at a later phase in the development.
Member Carroll stated that Trilby is designed as an arterial, and would the developer have to
build Trilby as an arterial when the development comes out.
Mr. Herzig stated that the developer's obligation is to build their half of a local street and then
the City oversizing portion would reimburse for the remainder to complete Trilby as an arterial
street.
Mr. Carroll responded about the cost to the developer would be to build the north half of Trilby
as if it were a local street. Which phase would the City require the developer to do that.
Mr. Herzig was not sure if it was the third or fourth phase.
Mr. Carroll stated that Southridge Greens Boulevard narrows when it comes to Hummel Lane,
why was the street constructed in that manner.
• Mr. Herzig was not involved in the design of Southridge Greens Boulevard, but he suspected
that it is needed to be a collector street at the beginning and then further on back into the
development it can narrow due to less traffic. He stated that Southridge Greens Boulevard was
not necessarily intended to be a cul-de-sac because it was platted to extend to the south.
•
Mr. Carroll asked Mr. Herzig if he was aware of the 36' width.
Mr. Herzig responded as having knowledge of the width.
Mr. Carroll asked if the developer should choose to bridge Fossil Creek, what aspects would
be involved.
Mr. Herzig stated if the developer proposed to build a bridge then he would have to go through
a normal review process. The Storm Drainage Department would have to review whether it's
feasible to run the entire flood underneath the structure or whether it would have to be a
combination overpass/underpass. There would possibly be natural area issues that would have
to be resolved and, of course, the structure itself.
Member O'Dell stated that the developer had never explored the possibility of the bridge with
Mr. Herzig.
Mr. Herzig stated that no they have not seen any proposal to do that.
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Member O'Dell asked if a bridge of this sort was constructed in any other part of Fort Collins.
Mr. Herzig said that they usually try to avoid any minor crossings like this, especially for a local
street passing over major stream bed. Normally developers don't propose to do this type of
construction due to the expense.
Member O'Dell wanted to know if Fossil Creek goes under Lemay further north.
Mr. Herzig stated that it does go under Lemay further north just south of Southridge Greens
Boulevard.
Member O'Dell stated that Oakridge and Southridge built their own entrances and that Paragon
is not in the same kind of situation because there is this obstacle, meaning the flood way.
Mr. Herzig said that it was not intended that Southridge Greens Boulevard would be a cul-de-sac
because of the way it was platted.
Member Walker said that the City obviously feels that the proposed plan is acceptable. As a
traffic engineer what is the response to the argument that south of Hummel there is a 36 foot
paved street and that there may be some difficulties with the width. Is it the opinion of the City
that the street can handle the traffic flow. Also would there be an overloading of this street with
the new proposed development.
Mr. Herzig felt that Eric Bracke from the Transportation Department would be able to discuss
the traffic number issue more efficiently. Mr. Herzig stated that the engineers look at the actual
construction of the street and the sight distance to make sure that the function of the street
operates in a safe manner.
Mr. Eric Bracke, Transportation Department, stated that the functional classification is based
on the function of the street. Even thought Southridge Greens Boulevard is designed as a
collector from Lemay to Hummel and then under City standards is a local road from Hummel
south to the cul-de-sac, the roadway functions as a collector, regardless of what's on the master
street plan or how it is platted. This street is a collector for all practical function.
When this development was reviewed, Mr. Delich's report was reviewed intensely and studies
were made of traffic counts. The Transportation Department found that there are approximately
1500 vehicles per day at the entrance, approximately 300 - 400 vehicles south of Hummel, and
this level of vehicles is all well within acceptable levels.
20
•
Adding the additional 30 units within Phase I to the traffic study, which consisted of distributing
vehicle trips throughout a 24 hour period, primarily through a 10 hour period of the day,
concluded that the street still functions well below capacity and the intersections operate well
above acceptable standards.
There is a bigger picture in connecting Southridge Greens Boulevard to Trilby in that this is all
the development that would concur out there due to the physical constraint. The additional trips,
even when the development is complete are still within the acceptable standards of the City.
As the City continues to grow, Trilby will be built-up all the way out towards I-25. There are
regional plans which have County Road 34 even further south as arterial standards. The trip
distribution with a 70/30 split towards the north, there is going to be more distribution to the
south due to the Urban Growth Area. Those distributions will work well above our standards.
Member Klataske stated that some of the residences that are north will funnel out going south,
but how about developments that are occurring south of that, has there been consideration for
that traffic moving back north.
Mr. Bracke stated that yes the traffic pattern will happen also going towards the north. There
was also an assumption that with 66 units it would calculate to an additional 660 round -trips a
day. That would be an additional 400 trips for the peak hour time that crosses over Hummel
Lane.
Member Cottier asked Mr. Bracke to comment on safety concerns in regard to growth in the
medians and the curves in the road. Obviously the Transportation Department views this road
as adequately safe or why was it constructed with so many curves and trees.
Mr. Bracke felt that if there was a safety problem, as part of the Transportation Department
normal daily responsibilities they would take a look at sight distances and maybe some shrubs
would need to be removed or pruned. Maybe additional signage on the existing road needs to
be put in place. Mr. Bracke stated that he would conduct a speed study and see what the
Transportation Department could do to alleviate some of those concerns.
Member Walker stated that one of the options was that perhaps Southridge Greens Boulevard
would become a two part street, with a fire access between the existing cul-de-sac and maybe
the cul-de-sac of the new development. What would the Fire Departments requirements be for
an emergency access?
21
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Mr. Jones responded that it is certainly a possibility and the requirements for that type of
situation would be an access lane be constructed in between those areas so it would be driveable
under all weather conditions, clearly marked and clearly visible. The problem with access lanes
is difficulty with maintenance, installation, grade, and accessible. The best fire access lane
which is constructed now is the one in Clarendon Hills. This road is clearly maintained and is
a straight shot between developments. In the situation of Clarendon Hills it works effectively,
but he is not sure whether a situation of that sort can be designed into this kind of use.
Member Walker asked if there would be a barrier across that road.
Mr. Jones stated that usually access roads are barricaded at both ends with either a swing gate
or a chain. He felt that fire access lanes are quick fixes to long term problems. In the long
term use, those roads usually don't do very well and when reviewed for use they need to be very
carefully designed for the long term use.
Member Cottier would like to know what guarantees will be made to keep construction traffic
entering from Trilby onto the gravel road, and not go around on Southridge Greens Boulevard.
Mr. Olt stated that from the stand point of the City's position we are asking the developer to
assure us, to the best of his ability, that the construction traffic would take place on the gravel
road off of Trilby.
Member O'Dell asked if it was construction traffic for the building of the homes or is it
construction traffic for the streets.
Mr. Olt said that it was obvious that the building of the extension of Southridge Greens
Boulevard has to occur through Southridge Greens Boulevard initially. But then again the
construction of the road could be built from south to north in order to avoid construction through
Southridge Greens Boulevard.
Mr. Herzig said that this situation was discussed in several meeting with the developer that the
plan was to have the streets and utilities built with access from the south and no access from
Southridge Greens Boulevard. It becomes difficult to regulate construction traffic once the street
is opened up for building houses. There would be clauses that would be put into the
development agreement that would essentially say that the developer agrees to regulate or limit
the construction traffic to one location.
Chairman Strom stated that with the assumption that the road was put through who is responsible
for taking out the existing cul-de-sac and making that to a street standard, and who was
responsible for the stretch of street that continues through the golf course.
22
Mr. Herzig said that the only party responsible is the developer. Unless there is some other
money that is being collected from the previous developer in an escrow account, which was
sometimes the case.
Member Cottier asked if a condition could be placed that the road be barricaded until the first
home is occupied.
Mr. Herzig stated that some conditions were done in a similar fashion when trying to keep
construction traffic off a street that was trying to be protected. It could also be done in this
situation where the barricade would be left until the first house was occupied.
Member Clements -Cooney would like a clarification of what the golf board had said in regard
to develop a through street. The minutes from the golf board meeting dated November 20,
1991, stated that up to three tee boxes might be lost instead of five and, as well, there was no
vote but a discussion of what the alternatives might be.
Mr. Olt stated that the minutes did encourage that hole number 12 stay the way it is, and that
the city and the developer explore all other options. There has been no official position stated
• from the golf board and that they chose not to take a formal stand in this situation.
Member Clements -Cooney stated that the reason for her thinking along those lines is that the
citizens might be thinking that if this street was meant to be a right-of-way, then why was there
a tee built in that area. It appears to her that the designer of the course knew that there was a
dedicated right-of-way and that eventually the road would continue all the way through.
•
Mr. Olt responded that the golf board has been aware since 1986 that the right-of-way and the
possible extension of Southridge Greens Boulevard existed and would work with that plan when
it was presented to them.
Member O'Dell asked Mr. Sell about private park and public park, and that a section of the
smaller section of neighborhood park would be a public park and the majority of the park would
remain a private park.
Mr. Sell said the initial proposal was for about 15 acres of a park that would be built and
constructed in Phase I by the developer and then turned over to the City to become a city park.
In the process of going through the design alternatives to do that, then certain city standards that
had pertained to the size of the park relative to the area it would serve and the kinds of
ammenties that would need to be in the park if it were a certain size. More specifically a park
of that size would need to have athletic fields, which would need near by associated parking.
23
it,t NM.
Member Walker stated that one of the conditions that may be added on is the prairie dog issue.
He would like to know what the intent of that condition is.
Mr. Olt stated that the first condition was that no changes will be made from the present natural
condition of the 15.3 acre park open space parcel, unless the Planning and Zoning Board
approves such change to specific uses upon this site as part of the final PUD plan.
Member Walker wanted to know what the implication of that condition consisted of.
Mr. Olt stated that there had been an area of wildlife habitat potential identified on the property.
The prairie dog population is in fact a food source for the birds of prey that have been seen
around this area. The City and the developer jointly have had a chance to go onsite and review
the area with the Colorado Division of Wildlife to make some determinations of what would be
done.
Member Walker understood that this would have to be resolved on or before the final submittal
Mr. Olt agreed and continued that before any decision at the final PUD level that site studies,
and an evaluation be made between the City, developer, and the Colorado Division of Wildlife.
Member Walker made a few comments in regard to the people in the subdivision verses the
developer and implying that the board was not on either side. Member Walker felt he had a
third point of view, and that is that the Board was here to represent good planning interests for
the city. Some of the concerns about this issue were what implications did this project have in
regards to the city.
First of all, the current fire access for the Greenridge area was obviously inadequate. He felt
it is a liability suit waiting to happen. He felt that the City had a responsibility to come out
from beneath that burden and move ahead. He felt that the City has always planned on that road
with the idea of it continuing the right-of-way through. He felt that bridging Fossil Creek was
considered a minor crossing.
Furthermore, in the Land Use Policies Plan there is a point in protecting values of streams and
natural features in our town and to bridge that creek creates future problems to the city and
violates one the these natural land use policies plan.
Member Clements -Cooney stated that there really are some safety concerns in the neighborhood.
She would like to see that Mr. Bracke follow up maybe by placing a few stop signs, and
conducting some speed tests throughout the neighborhood. Member Clements -Cooney would
like for the citizens to consider that this neighborhood had not gone in yet and its just in review
24
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at the present time, so the people who are driving at speeds of 41 mph were the persons in the
Greenridge neighborhood. She felt that the concerns that the citizens brought up are valid and
do need to be addressed and that they should work with the city to resolve some of these
concerns.
Member O'Dell stated that she moved into an area about 7 years ago and a lot of the land
around her dwelling was not developed. She felt that when a person moves into an area like
that, one was taking the chance of what was going to be developed in that vacant area. She felt
that a realtor would probably not tell you because they are more concerned with selling a house.
Parkwood East was developed after she moved into her neighborhood. She had seen increased
traffic on her street and there has been problems with speeding. She felt that the city was very
responsive in the way of conducting traffic counts, placing stop lights and signs throughout that
street.
Member O'Dell felt it made sense to complete a project like this for the future of the city.
Member O'Dell moved to approve Paragon Point PUD Overall Development Plan, #48-91
for the reasons sited.
• Member Carroll seconded the motion.
Member Walker commented that the LDGS had a few valid points that support the various items
presented in regards to this project.
Mr. Eckman stated that the LDGS provides a criteria for review of master plans, which is now
referred to as overall development plans which also suggests that your review should be based
upon the conformance with the city's comprehensive plan. Specifically the master plan will not
be reviewed on the basis of specific design standards and criteria contained in this section of the
LDGS, but rather on the basis of conformance with the city's comprehensive plan.
Member Carroll felt that Southridge Greens Boulevard is basically a 9/10ths of a mile cul-de-
sac, which is not in conformance with the comprehensive plan. He suggested that if the original
developer came in with a plan in 1984 that showed a cul-de-sac that long that would not be able
to continue on as a thoroueh fare it would not have been approved. In that regard the
connection was shown on the plats as a through street.
Member Carroll also felt that the growth of the trees in the medians are a safety hazard, so it
appeared to him that the homeowners association take care of the medians as so they are not a
sight problem in the future. He felt that the safety concerns are important, but as far as the
speed concerns that needs to be taken up with the Police Department and City Council.
•
25
Member Carroll stated that it only makes sense to continue the road through and that the road
would only hold residential traffic. In fact, when the southern portion is built some traffic will
come south from the Southridge Greens Boulevard as to get to Trilby and continue east or west
from there. He recalled when Swallow Street was developed over the railroad tracts that it was
very difficult for the residents in that area also. For the interest of the city and the traffic
patterns it needed to be done as well as Southridge Greens Boulevard also needed to be
completed.
Member Cottier who also supported the motion stated that the land use that was proposed with
the overall development plan were entirely appropriate for the area. She also felt that the
developer had done an incredible job in maintaining open areas to preserve natural resources that
exist in that area.
Chairman Strom agreeed that in general the overall development plan is very sensitive to the
landscape and accommodates alot of difficult issues in the development of this property.
Secondly, he felt that a traffic safety study is also wise. Basically it comes down to the existing
traffic safety concerns of speed, sight distances verses the overall long term safety of emergency
access and the broader concern of general access for the whole area. He felt that the existing
concerns could be addressed by means other than continuing to block the street off.
Mr. Eckman stated had some concerns in regard to the criteria for the analysis for the overall
development plan and the analysis for the preliminary plan. The criteria for the preliminary plan
are the criteria of the LDGS which are called in that section of the code design standards and
criteria. But for the overall development plan the criteria is the city's comprehensive plan and
not the criteria of the LDGS.
Member O'Dell stated that the staff report lists several criteria. There were certain criteria that
relate to topographical or environmental issues such as #89, #91, and #92. There were several
other criteria that dealt with neighborhood parks. The Land Use Policies Plan also dictated what
should be located adjacent to other uses.
Mr. Eckman asked then if those criteria the one's which Member O'Dell based her motion on
and if so are they acceptable to the second.
Member O'Dell stated that it was part of what she based her motion on.
Member Carroll also stated that yes those criteria were part of his second.
The motion to approve carried 7-0.
071
Member Walker moved to approve the Paragon Point PUD, Preliminary, #48-91A with the
two staff recommended conditions.
Member Cottier would like to offer a third condition regarding construction traffic. In addition,
Southridge Greens Boulevard be barricaded at the very northern most portion of this project until
the first home is to be occupied.
Member Walker agreed to add that third condition to his motion.
Member Clements -Cooney seconded the motion.
Member Cottier stated that she was aware of the neighborhood opposition to this project and she
approached this from the prospective of looking at the overall development criteria and tried to
see what she could use to justify a negative vote. She felt though that the project did adequately
address all the criteria with respect to public services and safety. The project was also very
sensitive to all the resource concerns and site design issues.
Member Klataske stated that in his neighborhood a similar issue rose on an access concern. At
• the time of that hearing the neighbors also stated that they did not need the other access. Those
same people who were opposed to making that area a through street now use that on a daily
basis now. This area he felt does need a second fire access point for safety.
11
Mr. Olt brought up that as part of the motion the variance for the lower density requirement
needs to be stated as part of the motion.
Member Walker agreed to that suggestion.
Member Clements -Cooney agreed also to that suggestion.
The motion to approve carried 7-0.
Chairman Strom pointed out to the people in the audience who were opposed to the passing of
this project that they have the opportunity to appeal this to the City Council.
BLEVINS SUBDIVISION LOT 9 PUD - PRELEW NARY #42-91
Ms. Kirsten Whetstone gave a description of the proposed project. Staff recommended approval
with the condition that the final drainage report and the drainage and grading plans, including
an erosion control plan, be approved by the Stormwater Utility prior to final approval.
27
Mr. Kint Glover, applicant for Lot 9 PUD, stated that he would like to review what materials
he has for the presentation thoroughly. The architect on the project is Dave Knox. The utility
engineer is Don Parsons and Associates, which are represented by Jeff Couch. The first thing
to be reviewed is the footprint by Dave Knox and follow with a review of the map of the
location.
Mr. Dave Knox, architect for the project, reviewed a few of the key elements of the site plan.
One of the things they tried to complete is maintain a set back for the building and the parking
lot, so the sense of the front yard on the rest of the street is maintained. The building itself is
oriented for solar access on the main entry side. He felt that they have also tried to maintain
an area for recreational use.
From an architectural stand point in relating to the neighborhood, he found that most of the
houses on Blevins Court are rather simple houses with low sloped roofs. They have tried to
maintain simple masses and would propose to use materials similar to what the existing houses
are.
One of the main objections that had been brought up through the course of this project is parking
and traffic. This project has provided nine onsite parking spaces where the LDGS required a
total of six. They also felt that the primary tenant group that this structure would target is
students. He felt that this structure is within walking distance to the college, therefore not
creating any significant traffic impact during peak hours.
The developer would provide a fire hydrant on the cul-de-sac. The builder also would provide
privacy fencing and combined with landscape buffering would create a screen to the adjacent
properties. The building itself in terms of the percentage of coverage to the property is very
similar to what the single family houses are in this area.
Member Walker asked what the coverage of the building is on the lot.
Mr. Knox stated that the building coverage is 1956 sq. ft. and is 16 1/2 percent.
Member Walker then asked if there would be two stories on this structure.
Mr. Knox agreed.
Member Walker clarified that there would be a basement developed and a first floor.
Mr. Glover stated that by City Code it is considered to be one story.
m
Mr. Glover pointed out a few surrounding buildings in order to orientate the board of the
proximity to the campus. In terms of distance from Lot 9 Blevins Court to the Library or the
Business Building of the campus, the lot is closer than Corbett Hall or the Towers. Mr. Glover
stated that an engineer stated to him that the area in which Lot 9 is could be considered as off
campus housing.
Mr. Glover stated that he did not feel that this area should be zoned single family residential,
due to the fact of the proximity to CSU and the Holiday Inn which is less than a 1/4 of a mile
away.
Mr. Glover gave a brief slide presentation in order to refresh people's memories of the area in
which Blevins Court is located. He started by showing a house located across the street from
Blevins Court and then went on by showing property along Whitcomb. Most of the houses in
the area show vehicles parking in front yards, etc. which leaves for an unattractive sight. With
the Blevins Court project there would be more than adequate parking for that structure. Mr.
Glover noted that the sorority and fraternity houses in the area are actually well kept along with
the married housing units.
• Mr. Glover stated that most of the area is investment property which are considered rentals.
There are 22 lots in the subdivision and 3 are actually owner occupied, 2 are business/owner
occupied, 2 are quasi -rentals, and the balance which is around 15 are non -owner occupied
property. At the neighborhood meeting there was a suggestion that this neighborhood could
develop a trend in returning to an owner occupied neighborhood. Mr. Glover researched this
statement and pointed out that one of the lots since 1983 has changed ownership 3 times from
one investor to another investor.
C, J
The use of Lot 9 Blevins Court, Mr. Glover believed, had already been determined. The
location, economic values of the houses, traffic, and the location of various other buildings in
the area has contributed to the factor of the neighborhood having low probability of every going
back to being single family residential. Mr. Glover felt that for the price of what these houses
are sold for, that a family would choose to purchase something newer in the southeast or
southwest without those negatives.
Mr. Glover felt that what they have proposed with Lot 9 Blevins Court PUD is a plan that
addresses the parking problem, the trash problem, and the landscaping problem. By the project
being a PUD it has requirements for landscaping which the City can enforce, which is not the
case with any of the existing properties.
Mr. Glover felt that one of the benefits to this project is that the people who occupy this triplex
will either attend or work at CSU which is in walking distance.
P•ws
AMR 1
Chairman Strom asked for public input.
Ms. Emily Smith, Vice President of the Prospect/Shields Neighborhood Association, stated that
the primary importance to their association was the preservation of a sense of neighborhood
entity, neighborhood compatibility, and maintenance of acceptable quality of life. Ms. Smith
stated that this neighborhood had reached the balance point where further assimilation of high
density developments and their accompanying intensity of human activity can contribute directly
to individual neighborhood deterioration.
Ms. Smith stated that the association gives careful and critical evaluation to each high density
infill proposal. The association seeks a high quality development on Lot 9, which is compatible
with and has the least impact upon the existing fragile neighborhood.
The concerns and recommendations of the association were first viewed regarding the proposal
of Lot 9 in early June of 1991 and still remain the same today. The association recommend that
the appropriate building for this site is a duplex, which consists of 2 bedrooms per unit and six
parking spaces.
The proposed density is too high for this fragile area. She felt the density to be incompatible
with the existing single family residences. If residential infill residences such as this project are
viewed in isolation, then these neighborhoods would face ultimate deterioration.
Parking and traffic are main concerns for any development on streets adjacent to CSU. Not only
are there not enough parking spaces for current residences, but the area is already over burdened
by off campus housing. Any development on Lot 9 must provide one parking space for each
unit, plus one parking space for each bedroom. The parking guidelines used by the planning
staff are usual for sites that are remote from the CSU campus, but do not apply to lots
immediately adjacent to CSU.
In May a traffic signal will be installed at the Prospect/Whitcomb intersection. There is also
a daycare planned for the northeast corner of the Lake StreeuWhitcomb intersection. The
University is also currently in the initial stages of implementing the circulation system and access
plan which will eliminate approximately 1300 parking spaces from the campus. Without doubt
those few changes will bring increased traffic and parking to this area.
Noise and light must also be buffered on this sight. Any project built on this sight must buffer
the perimeter with a 6' solid privacy fencing and 4' evergreen trees on 5' spacing. Inside and
outside lighting must be sensitive to neighbors. The attention must also be given to windows
on the northwest and east sides of the buildings. Outside lighting must be adequate for the
safety of the residents but not overly lighted.
30
�'�' u I I►l M Y
Approval of the applicant's proposal establishes a precedence for other properties to be approved
for basement apartments that would further increase the bedroom density. She felt that this was
a legitimate concern since several residents in this neighborhood already have basements that
could be set up as apartments. In the.past the Zoning Department did not allow these properties
to offer their basements as apartment rentals.
Ms. Smith stated that the association supports a duplex with 2 bedrooms per unit with a
condition of providing a parking lot with six parking spaces, and landscaping/lighting for that
development.
Ms. Dee Colter, who lives in the area feels that a balance should be kept in the neighborhood,
and not let this area turn into a neighborhood of just mass students.
Chairman Strom closed the public input portion at this time.
Member Walker commented that one of the issues on this project is that the area is single family
residences. He was concerned with the issue of overloading a site. He felt that this site was
• being maxed out. He agreed that this area of town is critical to the proximity of CSU and that
the applicant had painted a picture of this area being run down. Member Walker suggested to
build something more appropriate for the area, instead of inserting this type of project which
could be detrimental to the area.
Member Cottier commented on the density issue of this project. She felt that in computing the
point chart it appears thee. ,is project has gotten credit and achieved sufficient points to qualify
for 11 units an acre by virtue of the fact that it is close to a school and day care center. It
appeared to her that the intent of the point system that people living in this project could use
those types of services, which in this care does not apply. She also felt that the density is
appropriate because of the surrounding densities with the married housing, Holiday Inn, and
other surrounding buildings. It is a student area and she felt that a single family home would
not appeal to very many people.
Member Walker stated that the whole area needs to be redeveloped or redefined. There are
single family houses located in this area but if they have 3 or 4 bedrooms then they have 3
people living in them. Member Walker also stated that he would like to see a project built there
with more options for different types of people to live there. As suggested by one of the
speakers in regard to it being a duplex, he felt that was a great idea.
Chairman Strom wanted to know how a duplex would provide options that a triplex does not.
0 31
P & Z MINUTES
December 16, 1991
Member Walker felt that a duplex would not overload the site. It would create less intensity of
use on the site, and more amenities that might appeal more to someone who works at CSU and
out of the student age population.
Member Walker moved to deny the Blevins Subdivision Lot 9 PUD, Preliminary, #42-91.
Member O'Dell seconded the motion.
Member O'Dell felt that because this was a neighborhood in some kind of transition she felt that
people needed to look forward and try to figure out what project will make sense in the future
for this site. In reviewing this project and what immediately surrounds it, the building itself
does not seem too big, but the surfaced area is so much more than the adjacent properties that
it is incompatible.
Member O'Dell sited all development criteria number 26 and 33 in the LDGS. The building
does not fit in aesthetically with the adjacent properties. Number 36 refers to parking and she
felt that there is too much parking for that site.
Member Clements -Cooney stated that if this project was a development in itself it would be a
great development. However, sticking a development of this sort into the single family
residential neighborhood does not fit in with the overall site consideration.
Member Carroll stated that he would support the motion, but reluctantly. He felt that this is a
lot that has set empty for 35 years and part of the things that are important to the City is infill.
This project will most likely be used by students and that there is a very good chance that those
students will walk to campus and create less traffic and parking problems. Member Carroll felt
that any building placed on this site will most likely be used by someone who was connected
with the University. However, he also felt that this project seemed to be a bit of a push. The
single family residences that are located there are basically rentals, but felt that this project is
putting in a seven bedroom units verses a three bedroom unit which triples the use in that
particular area.
Member Corder stated that her earlier comments were presented in a positive way, but she felt
she had been swayed by her fellow board members. However, she feels that the proposed
density is appropriate for the area in general. On the specific site, there is too much asphalt for
that area.
Member O'Dell stated that she felt it is real feasible to do a duplex and that she did not want
to encourage the decrease of parking spaces, but at the same time when one looks at the
percentages of coverage the parking is very high.
32
Chairman Strom struggled with some of the concerns, but felt he supported the issue. He is
concerned about the hard surface coverage, but it appears to him that it is a reasonable trade off
given the fact that those cars will be off the street and will be kept out of the front yards.
Chairman Strom noted that in generally speaking, the reason that one see's problems in the area
now is because the structures do not suit the demand for use in the area. He is not sure that this
is the best development for this site but it appears to be a reasonable development.
The motion to deny carried 5-2.
NOTE: Member Corder left the session after the vote was taken at midnight.
SOUTH FORT COLLINS VETERINARY CENTER PUD PRELUYUNARY #46-91
Mr. Steve Olt gave a description of the proposed project. Staff recommended approval with no
conditions.
Member Carroll asked if the major item that brought this project off consent onto discussion was
• the noise level.
Mr. Olt stated that initially the use was something that had not been resolved, such as the mixed
use concept, which is part of the point charts. That was not determined and the noise level
study had not been provided. That is why staff felt this item could not be placed on consent.
is
Member Carroll asked if both of those items have been resolved to staff satisfaction.
Mr. Olt stated that yes, both items have been resolved to staff satisfaction.
Mr. John Dengler, John Dengler & Associates, stated that when they first began planning this
project the two main issues that they knew they were always going to have to deal with was the
existing wetlands designation, and the outdoor dog runs. Mr. Dengler stated that they have
worked very closely with staff on both of those issues. In regard to the wetlands, instead of
filling this low site for construction, 53 percent has been preserved as green open space and
have consolidated the wetland into one location on the south end of the property. By doing it
that way the land can remain as a wetland all the time by the additional drainage that would go
to that area, thus enhancing the vegetation and wildlife possibilities.
Mr. Dengler stated that this project was compared to the projected noise level of a similar
project that Dengler and Associates just completed in Denver and that has been open since April.
To date there has been no complaints from the neighbors regarding this facility as far as noise.
33
[WWAMItRVI M
Chairman Strom stated that the noise study which was submitted mentions that as one of the
location descriptions that the closest residential unit as being approximately 200' feet to the dog
runs and wanted to know what that meant.
Mr. Dengler stated that the reason the noise study was taken at that location was to facilitate the
major concern which was the people to the west. What they did was a cross section through the
site which basically shows the end of the kennels, shows the landscape buffering in the fence
on the property line, the existing low wetland drainage within the railroad easement, the elevated
railroad tracks, then more distance and an existing concrete lined ditch. When one adds up this
buffer distance one ends up with 256' to the face of a building. So the noise level of the dogs
barking and facing the direction of the neighborhood took it and compared it to 250' and that
was the reason for that distance.
Chairman Strom wanted to assume that the 60 decibels is the maximum with a barking dog at
250', and the ordinance as he understood says that the maximum is 55 decibels within the
residential zoned property. How does one look at the application of requirement for mitigation.
Does first in time give a person first in right and will the multi -family residential, should it ever
be developed west of the railroad tracks have to concern themselves with the noise level or does
one have to be concerned with specific noise levels meeting the ordinance at this point in time.
Mr. Eckman felt it would be difficult to buffer against a speculative use and since the
surrounding uses are unsure first in the right seems appropriate.
Mr. Dengler added that the fence that was behind the kennels was downhill from the kennels in
this situation in Denver was only 3' high and there was no landscaping or 5' elevated railroad
track in there. Mr. Dengler stated that all those factors would add to the noise buffering.
Chairman Strom stated that the higher fence being the barrier and above the line of sight means
that the railroad berm would have little or no effect. What sort of fence is being proposed.
Mr. Dengler stated a 6' solid wood fence would be put in place.
Mr. Eckman stated that on page 5 of the LDGS says when a use is the first to develop on two
adjacent vacant parcels the first use shall provide the necessary buffer to any reasonable future
use. Mr. Eckman noticed that the surrounding zoning is all highway business except to the west
where is planned multi -family.
Chairman Strom stated that the noise would probably not be a problem, but the noise study
which was presented raised a question to him about getting the same reading at 100' as you
would at 200'. Just by going from a 100' to 250' one should lose better than 6 decibels.
34
Dr. Rainey Corbyn, stated that if one looks at the study, one of the issues pointed out was the
measurement of background neighborhood noises registered from 50 to 57 in the neighborhood
surrounding the facility in Denver.
Chairman Strom stated that the question is if one gets a reading of 50 decibels before insighting
the dogs to bark and then receives a 10 decibel increase from inciting dogs to bark where does
that increase come from. He felt that there are questions to him in the noise study that just do
not make sense.
Mr. Frank stated that this was only a preliminary plan and that further information could be
gathered and brought back to the board at the final.
Member Klataske also had concerns with the noise level. He questioned the noise level at night
when the surrounding residential units were trying to sleep. He felt that study should also take
place in relation to time.
Mr. Dengler stated that there is a note on the plan that all dogs are to be inside from outdoor
kennels by 7 p.m. and then are not allowed back outdoors til 8 a.m.
• Member Klataske agreed that measure would take care of the noise level then at the later times.
He also referred to adding additional water to this drainage area, and what provisions are made
to clean the kennels and where does the runoff water go.
•
Mr. Dengler stated that the waste goes directly to the sanitary sewer and the outdoor kennels are
totally covered by roof and so there is no introduction with stormwater interfering with sanitary
sewer and vice -a -versa. At the end of the runs, both indoor and out there are drains that are
sized properly and take the waste directly to sanitary sewer. All the stormwater runoff goes
beyond these drains back to drainage on the ground down to the new wetlands.
Member Klataske then stated that there would be no opportunity then for accumulation of waste
in the wetland areas.
Mr. Dengler then agreed and also stated that there is no possibility of additional stormwater run-
off in the sanitary sewer.
Member Walker agreed that maintaining the dogs inside after a certain hour would be a great
idea. His concern is generally in regard to having enough data here to decide whether there is
a noise concern or not.
35
P & Z MINUTES
December 16. 1991
Mr. Olt felt that it was necessary to better clarify what the concerns are, and what kind of
information is necessary to alleviate the concerns that are being expressed about the noise levels.
The only area he felt that was in great concern was the area to the west. He felt that the noise
level studies fit within all criteria with the other surrounding areas, and that the only area to
be truly resolved is the residential neighborhood to the west.
Chairman Strom felt that the main area is having a study that is not very definitive in terms of
what the noise levels actually are.
Member Walker stated that approximately 250' of distance and a wooden fence would be
sufficient.
Chairman Strom stated that he felt it was best to do a preliminary approval of this project with
a condition of that there would be a demonstration that the noise was appropriately mitigated.
Member O'Dell stated that she agreed with that condition.
Member Walker also agreed with that condition.
Member O'Dell moved to approve the South Fort Collins Veterinary Center PUD,
Preliminary, #46-91, with the condition that at final a follow-up study or explanation of the
distances and decibel level be provided at final.
Member Carroll seconded the motion.
The motion to approve carried 6-0.
BLEVINS SUBDIVISIG\' LOT 9 PUD PREL5UNARY #42-91 was brought back in
front of the board for reconsideration
Mr. Glover stated that it appeared with perhaps some adjustments or alterations to that project
that perhaps might be acceptable to the board as well as the planning staff. Mr. Glover stated
that the planning staff supports it and the board was not sure which way to vote and it seemed
to him that some items can be altered to satisfy those concerns. He would be open at a future
date to discuss those concerns.
As the neighborhood proposes a duplex of 2 bedrooms a piece, he felt was economically inviable
to go through the PUD process that way. It would almost be better to build a three or four
bedroom house with one parking space like the rest of the neighborhood.
36
U lt�l 11t�
Chairman Strom asked Mr. Eckman what are the terms of procedure for an issue of
reconsideration.
Mr. Eckman replied that the question of reconsideration must be made by a motion, and the
motion must be made by a member of the board who voted on the prevailing side. Anyone can
second the motion and then only takes a simple majority to reconsider. If the motion were to
pass then the principle question is back before the board.
Member Carroll stated that as far as the original application goes he was one of the five that
motioned against and is not inclined to reconsider. He stated that he would certainly consider
another use on the project with a density of perhaps where it was. He also is not inclined to
discussing this issue any further right at this point and due to the lateness of the hour.
Member Walker stated if they had been able to add some conditions that would have given an
approval, he felt he would have considered it, but as of now the board does not like to get into
the habit of redesigning something at the table.
Chairman Strom asked nor. Frank what effect this would have on the processing if it were
• brought back to the table as opposed to having them come back.
Mr. Frank felt that a final action has been made on this project, so the applicant would have to
resubmit and go through the process again.
Member O'Dell felt that her vote was on the line.
Member O'Dell moved to reconsider with the condition that Mr. Glover meets with the
neighbors regarding the replanning of this project.
There was no second.
Chairman Strom stated that the motion died due to lack of second. He then asked Mr. Frank
to work with Mr. Glover to make sure what his options were in terms of appeal to City Council.
The meeting adjourned at 12:40 a.m.
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