HomeMy WebLinkAbout912 WOOD ST. (PATEROS CREEK) - MOD - MOD120004 - DECISION - MINUTES/NOTESPlanning & Zoning Board
June 21, 2012
Page 29
The preferred plan will also allow for the sustained costs of the proposed amenities and open
space restoration.
The preferred plan advances the Land Use Code, supporting Plan Fort Collins principles
Board Questions
Member Schmidt said in one of the Save the Poudre letters it said something about the storm water
drainage. Is this sewer connected project correct? Russell said they've met with Stormwater staff quite a
bit. They've not yet submitted their PDP (Project Development Plan). The drainage as they envision
now is they will never discharge anything directly into the Poudre River. There is no way that is
something that would be allowed. They would like to explore some of the more green development
practices (bioswales, percolation and filtration, retention rather than) rather than surcharge the storm
lines through there. Ex said at the time of the final plan approval, all standards relative to storm water in
the Municipal Code will have to be met.
Chair Smith noted the project had been vetted at the Board's June 15 worksession.
Public Input
Karen Livingston owns the property to the west of this proposed development. At one time it was known
as the Twin Willows Teahouse during the prohibition era. So maybe when the Harts (original owners)
were vegetable gardening, we were doing she doesn't know what. She said her property is currently a
county approved boarding stable. Having said all that, she would like to say that having lived next to the
trailer park, which had very nice people; she is encouraged to see the vision presented here. She has
some concerns not necessarily related to the density proposal this evening but she thinks the vision is
there.
End of Public Input
Board Discussion
Member Schmidt said she basically supports the modification just because it makes the lots smaller and
living across from a large lot subdivision; you have more people with more grass/lawn mowing and thinks
that really ruin the atmosphere along the trail. She thinks the smaller sized houses and when the PDP
comes we can mitigate more as far as lighting standards to have some sensitivity to the area. It looks
good and the smaller/closer lots will be much more beneficial to the open space.
Russell said relative to the studies Ex reference; greater density can be favorable to storm water quality.
Member Schmidt made a motion that the Planning & Zoning Board approve the Modification of
Standard, MOD 120004 for Pateros Creek based on findings of facts and conclusions in the staff
report in essence because the modification would not be detrimental to the public good and that
it meets the general purpose of the standard equal to or better and it's nominal and
inconsequential. Member Hatfield seconded the motion.
Chair Smith said he will be voting in favor of the motion. The standard is very clear and the way the
modification to the standard can be achieved is very clear. He thinks the applicant has laid out a very
convincing case on how that could be done. It looks like it will be an excellent project. He said a
modification justification is one issue that is not an easy but in this case it is very clear that it is nominal
and inconsequential when considered in the context of the development. He'll be supporting it.
The motion passed 6:0.
Member Schmidt said she does have some of the same concerns expressed by Natural Areas staff. And
those can all be address at the PDP stage.
Planning & Zoning Board
June 21, 2012
Page 28
the standard for which the Modification is requested equally well or better than and in a manner that is
nominal and inconsequential when compared with a plan that complies with the standard for which a the
Modification is requested.
Russell said there have been several names for the Cache La Poudre River according to sources in the
Fort Collins Local History Archive. The earliest name was Pateros Creek. He said early farmers found
that the and climate, availability of water, and mineral elements inherent in the soil produced some of the
most favorable environments for gardening and farming in the state. He provided a chronology of the
owners of the property from Henry Hart in 1886 to current day owners who purchased 17.34-acre site in
September 2011.
Russell said the owners' intent is to rehabilitate the site, including the riparian woodlands and habitat that
was severely damaged from the previous owner. Their goal is to transition it from a mobile home park
and transform it into a beautifully landscaped home development, with a theme that highlights its
agricultural heritage of gardens and orchards. Their emphasis is quality not quantity and making it a
place people want to stay the rest of their lives. He said it will be a setting where families can renew their
contact with nature while enriching the minds of their children.
Russell said the proposed plan is equal to or better than the density compliance level plan in meeting the
intent of a cluster development. Additional amenities can be provided with the proposed plan including
community gardens, additional open space trails, open space restoration, a community pavilion and
gathering area and a fishing pond with enhanced habitat.
Russell said in addition, the larger lot size associated with the density compliance plan does. not meet the
intent of a cluster development as effectively in terms of providing a compact development form with the
objective of preserving and enhancing open space. The additional amenities provided in the proposed
plan create an increased sense of community and meet City Plan objectives more effectively.
Russell showed photos of the site and slide of conceptual plan, courtyard sketch/plan, architectural
product type, and a chart comparing preferred plan to density compliant plan. In addition he spoke to
buffers to the river. They asked themselves how they could do this project without encroaching in the
300 buffer. He explained how they laid the development out on the site.
He said relative to the development proposal and the request for the modification of standard:
• The modification of density from 2 DU/Acre to 2.36 DU/Acre is nominal and inconsequential when
considering the overall impact, character of the development and ability of the proposed plan to
meet or exceed all other standards within the Land Use Code.
• Concerns such as increased traffic are irrelevant when considering an additional 6 units. The
mobile home park included 49 lots with 45 structures, whereas the Proposed Plan includes 41
lots
• Character concerns of increased density are alleviated through a net residential density of 4.75
DU/Acre, which is less than the standard of 5 DU/Acre.
• The preferred plan is equal to or better than a comparable plan which meets the density standard
of 2 DU/Acre in that it exceeds the Urban Estate open space standard of 50%, at 53% open
space.
• This objective meets the overall intent of the cluster plan of preserving open space, through a
compact development.
• In addition, the preferred plan will allow restoration of the entire open space to.a level comparable
with the adjacent Poudre River Flood Plan forest.
Planning & Zoning Board
June 21, 2012
Page 27
correspondence from the applicant's ecological consultant. When checking resources in scientific
literature, she found it was well documented that any development affects the ecological integrity of
natural system. She could find no literature studying the effects of 2.0 dwelling units (du)/acre against
2.36 du/acre or that is it detrimental to the public good. She provided a memo dated June 19 that
outlining a total of eight studies, key findings are as follows:
• Species composition differed most significantly between undeveloped sites and developed sites,
but not higher versus lower density
• Even clustering residential units did not have a significant effect on species composition and
wildlife use
Miller et al (2003) examined sixteen study sites in Larimer and Boulder counties. As one of the study's
sites was located on the Poudre River just west of the Pateros Creek site, she contacted the study's
primary author to ask him if he had any concerns with the ecological integrity of the river as a result of
the increase in density. She asked him if he thought if there was any effect specifically related to density.
He said "... 1 doubt that this level of increase would negatively affect the riparian bird community,
assuming that species composition is similar to what I observed." Ex's literature summary conclusion
was there was a clear pattern amongst the papers that the addition of six units will not be detrimental to
the public good. She said there are a large number of users on the Poudre River Trail (recall the Miller et
al. 2003 study). The average number of users (based on 29, 24-hour periods) was 567.7 individuals and
the median number of users was 472.
Ex met with Natural Areas senior staff who stated six additional homes do not make a difference on the
ecological integrity of the Poudre River corridor. No net degradation to the site that does not already
occur from 35 housing units, which is consistent with the literature. They do have other concerns with
the project design and staff will coordinate a discussion prior to the full PDP being submitted to the
Board. It is anticipated the meeting will take place in July.
Ex'met with Long Range Planning staff to assess whether there were any City Plan policies associated
with the parcel and whether the increase in density would be detrimental to the public good from a city
Plan perspective. The staff informed her the most critical City Plan objective related to the Urban Estate
Zone is Policy LICV 27.5 — Cluster Development which states Meeting with LR planning staff
Use cluster development pattems to preserve scenic view corridors or natural features; provide
open space for the common use and enjoyment of residents and the broader community;
preserve cohesive blocks of agricultural land; and/or create transitions between more intense
urban development and rural or open lands.
Staff concluded the application is not detrimental to the public good and recommends approval of the
Request for Modification of Standard to Section 4.2(E)(2)(c), which would allow the pending Pateros
Creek Project Development Plan to have 41 dwelling units at a density of 2.36 dwelling units per gross
acre. If granted, per Section 2.8.1, the Modification is valid for only one year by which time a P.D.P.
incorporating the Modification must be filed.
Applicant Presentation
Craig Russell, RLA. Russell + Mills Studios, 141 S. College Avenue, Suite 104 said that the pending
P.D.P., with 41 dwelling units at 2.36 dwelling units per gross acre, will promote the general purpose of
Planning & Zoning Board
June 21, 2012
Page 26
exact right time. He thinks it's a bit of a missed opportunity and they make look back and wish they had
it again if they don't proceed with it.
Member Stockover made a motion to deny Item 7, 220 E. Olive Modification of Standard,
#MOD120005, based on findings of fact that it is detrimental to the public good and not equal to
or better than what is required. Member Carpenter seconded the motion.
Member Schmidt asked if she could make a motion to the positive. Member Stockover said he did not
think that was proper and that we should vote on the motion on the floor.
The motion passed 4:3 with Members Kirkpatrick, Schmidt and Smith dissenting.
Project: Pateros Creek, 912 Wood Street, Modification of Standard, #MOD120004
Project Description This is a request for a Modification of Standard to Section 4.2(E)(2)(c) which caps
the maximum, overall average density in clustered residential projects in the Urban
Estate (U-E) zone at 2.00 dwelling units per gross acre and 5.0 dwelling units per
net acre within a cluster development plan for Pateros Creek, a pending P.D.P.
While the proposal meets the net density standard by proposing 4.75 dwelling
units per net acre, the request seeks a maximum density of 2.36 dwelling units per
gross acre which would result in six additional dwelling units from 35 to 41. The
parcel is 17.34 acres in size and located on the east side of Wood Street,
approximately % mile east of North Shields Street. The site is developed and
formerly known as the Bender Mobile Home Park.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence
Member Campana recused himself and left the meeting.
The recorder reported since the work session, written documents received were: Memo from
Environmental Planner Ex dated June 19, email from Gino Campana dated June 18 regarding response
to Gary Wockner letter, and a letter from Save the Poudre (Gary Wockner) dated June 21. Copies were
in the Board's read before packet.
Environmental Planner Lindsay Ex said Pateros Creek is a proposed clustered residential development
project, pending the annexation and zoning of the property by City Council. This request is for a stand-
alone Modification of Standard, which is allowed per Section 2.8.1 and, if granted, is valid for only one
year by which time a Project Development Plan incorporating the Modification must be filed. The request
has been evaluated by the criteria of Section 2.8.2(H) and found to be in compliance due to the pending
P.D.P., with 41 dwelling units, being equal to or better than a plan with 35 dwelling units. The plan, as
proposed with 41 dwelling units, would only diverge from the standard in a nominal and inconsequential
to a plan that would have been capped at 35 dwelling units.
Several Board members requested additional information on the comments by Save the Poudre during
the June 15 Work Session.
Ex said she researched the scientific literature on the topic, obtained trail counter data for the Poudre
River Trail, met with Natural Areas senior staff and Long -Range Planning staff, and additional
Chair Andy Smith called the meeting to order at 6:00 p.m.
Roll Call: Campana, Carpenter, Hatfield, Kirkpatrick, Schmidt, Smith and Stockover
Staff Present: Kadrich, Eckman, Holland, Lorson, Shepard, Ex, and Sanchez -Sprague
Agenda Review
CDNS Director Laurie Kadrich reviewed the agenda
Citizen participation:
None
Andy Smith asked if there were any audience or Board members who wanted to pull items from the
Consent Agenda. Member Schmidt asked that Item 3, Mountain Sage Community School Site Plan
Advisory Review be pulled from the Consent Agenda.
Consent Agenda:
1. Minutes from the May 17, 2012 Planning and Zoning Board Hearing.
2. Poudre School District Cooper Home Site Plan Advisory Review, # SPA20003
4. Bucking Horse Project Development Plan, #PDP120001
Member Schmidt made a motion to approve the consent agenda consisting of the minutes from
the May 17, 2012 Hearing, Poudre School District Cooper Home Site Plan Advisory Review, #
SPA20003, and Bucking Horse Project Development Plan, #PDP120001. Member Carpenter
seconded the motion. The motion was approved 5:0:2 with Members Campana and Kirkpatrick
abstaining.
Discussion Agenda:
3. Mountain Sage Community School, 2170 W. Drake Rd, Site Plan Advisory Review, #SPA120004
5. Planned Development Overlay District Pilot with Related LUC Amendments
6. Elderhaus Office, 1008 Mantz Place, Addition of Permitted Use, # PDP120011
7, 220 E. Olive Modification of Standard, #MOD120005
8. Pateros Creek, 912 Wood Street, Modification of Standard, #MOD120004