HomeMy WebLinkAboutLEISTIKOW ANNEXATION & ZONING - ANX110003 - CORRESPONDENCE -Page 2 of 2
From: lesloujen@comcast.net [mailto:lesloujen@comcast.net]
Sent: Tuesday, September 06, 2011 12:02 PM
To: Karen Weitkunat; Darin Atteberry; Aislinn Kottwitz
Subject: Mormon Temple (reference Council SAR #17129)
Please, no Temple. It will impact traffic. Streets are not safe now for our children, why add more cars?
The church is underestimatimg the impact. Please do not rush into this without considering us. Please
keep the area residential.
Leslie Hanson
Sent from Leslie's EVO
12/9/2011
Page 1 of 2
Ted Shepard
From: Debra Unger on behalf of Darin Atteberry
Sent: Thursday, September 08, 2011 4:08 PM
To: 'lesloujen@comcast.net'
Cc: Karen Weitkunat; Darin Atteberry; Aislinn Kottwitz; Diane Jones; Peter Barnes; Karen Cumbo;
Steve Dush; Polly Bennett; Mark Jackson; Joe Olson; Ted Shepard; Courtney Rippy; City Council
Subject: RE: Mormon Temple (Council SAR #17171)
Hello Ms. Hanson,
Thank you for contacting the Mayor, Councilmember Kottwitz and the City Manager to express your concerns
about the proposed rezoning of the Linden Park area in SE Fort Collins. Please see the following information
provided by Planning Technician Courtney Rippey in response to your concerns:
Currently the future LDS Temple property is zoned FA1-Farming in Larimer County and will come into the City as
U-E, Urban Estate, per the 1997 City Structure Plan and the Fossil Creek Reservoir Area plan. The U-E zone
district is a low -density residential zone district. In Fort Collins the. Land Use Code (LUC) allows for not only
residential uses but also complementary land uses. The proposed LDS Temple meets the Land Use Code
definition of "places of worship or assembly" and, per the Code, is a permitted use in the U-E zone district,
subject to a Planning and Zoning Board public hearing.
Once the project development plan for the LDS temple is formally submitted, Staff will evaluate the project based
on the established criteria of the Land Use Code. Moreover, the project will be required to submit a traffic study,
ecological characterization study, photometric plan (a "study" showing the actual physical effects of sight lighting
and the degree to which exterior night lighting affects a property owner or neighborhood), and will be subject to
all site and design requirements.
Please note that a Development Review Outreach meeting is scheduled for Wednesday, September 14th from
7:00-9:00 p.m. in the Roundhouse Room of Fossil Ridge High School. The Community Development and
Neighborhood Services Department will conduct this first meeting on September 14th without the applicant
present in order to devote time to informing residents about the City's process regarding annexation, zoning and
development review, and to answer questions about the City's role regarding this annexation and future
development proposal.
The second neighborhood meeting (not yet scheduled) will be attended by the applicant, and sketch plans of the
Temple will be presented to the neighborhood at that time. At this second meeting, there will be an opportunity
to ask questions and express concerns about the proposed project. A third meeting will be scheduled to
demonstrate how public input has been considered as the applicant prepares a formal plan submittal to the City.
Please let us know if you have any further questions or concerns.
Regards,
Executive Administrative Assistant
City Manager's Office
Fort Collins, CO 80522-0580
12/9/2011
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Fort Collins was the place to live and we enjoyed being here. I am sorry to say I no longer
have this opinion of Fort Collins due to the city's continuing disregard for its citizens.
For us, the temple decision is the last straw. If/when we are able to sell our house we will
move out of Fort Collins. I will also make it a point to discourage everyone in my circle of
influence from moving here.
I never thought I would be writing such a letter... I am furious and my wife is in tears...
Enough is enough... '
Josh Landrum
2220 Merlot Ct. Fort Collins
12/9/2011
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Ted Shepard
From: Steve Dush
Sent: Friday, November 11, 2011 11:02 AM
To: Karen Cumbo; Courtney Rippy; Ted Shepard
Subject: Fw: Fwd: Morman Temple
Fyi
From: Josh L <Aland13@gmail.com>
To: Steve Dush
Sent: Fri Nov 11 09:29:28 2011
Subject: Fwd: Morman Temple
FYI - Got contract termination notice from party 3 this morning. Read below for details.
Begin forwarded message:
From: Josh L <jjlandI3 a gmail.com>
Date: November 10, 2011 9:03:16 AM MST
To: kweitkunat cr fcgov,com, datteberry@fcgov.com, kohlson(i:-". _v .com,
bmanvell&fcgoocon, 1poppaw c�fcgoo com, akottwitzlwfcgov.com, mroxellnfcgov.com,
ghoraknfcgov.com
Cc: brenphotonyahco.com
Subject: Morman Temple
Hello,
My wife and I have been trying to sell our house for about 3 months. We have had three
prospective buyers so far and one of these is currently under contract to purchase our
house. The first two dropped out early when they learned of the massive Mormon temple
that was scheduled to be built across the street (we live in Westchase on Merlot Ct.). It now
looks as though the contract we currently have will also be terminated due to this temple. I
am EXTREMELY disappointed in the city for allowing this to be built so close to a
residential area! We would love to sell our house, buy a new one and put some money back
into the economy but unfortunately that doesn't seem possible.
How could you neglect your.citizens like this? This decision has destroyed the real estate
market in this area of town. There are two other houses on the market in the vicinity of ours
that are suffering the same fate.
Yes, we did receive the letters informing us of the plans and meetings. No, we did not
attend the meetings. Want to know why? We went down this road before with the airport
expansion and the addition of the flights to Vegas. Our efforts there were rewarded with
737's flying at low altitude directly over our house. I'm unsure if it's the Vegas flight but It's
not uncommon for jets to fly over at hours past the noise ordinance curfew. Try this when
you have a newborn.
We moved to Fort Collins almost 15 years ago and we were excited to do it. At the time
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narrow and winding, Fossil Creek Pkwy, was never designed to be a primary entry/exit point for the
neighborhood. However, this street is THE primary entry/exit point for residents -- experiencing twice the traffic
of the next busiest entry/exit point. This demonstrates that developers' traffic studies are not a crystal balls. In
this case, the failure of the developer's traffic study to adequately predict traffic patterns (a traffic study which
was reviewed and accepted by the city's traffic engineers) has created a hazardous situation for our children.
This is deeply concerning when you consider a report entitled, Dangerous by Design 2011, which was recently
presented to Congress at the introduction of The Safe and Complete Streets Act of 2011. The report documents
the more than 47,700 pedestrians killed and 688,000 pedestrians injured in the U.S. between 2000 and 2009 --
equivalent to a vehicle striking a pedestrian every seven minutes. Children are disproportionally represented in
these statistics. During an eight year period, children who were walking or biking to destinations including
schools and parks accounted for 25 — 30% of all traffic deaths.
Any development will exacerbate existing traffic issues within the area. Pedestrian safety necessitates that
infrastructure corrections must precede proposed developments, 1) in order to make sure they are
implemented and, 2) in order to save children's lives. Westchase residents have already experienced the city's
lack ability and/or resolve with regard to correcting traffic issues that resulted from inadequately reviewed
traffic studies. The city proposed the installation of speed bumps to resolve the issue the exists on Fossil Creek
Pkwy but they will not proceed until a majority of residents respond to a survey, in favor of the proposed
installation. The last report from our HOA indicated a total of 183 responses out of the 415 households in the
Westchase neighborhood. Seventy percent of respondents support the installation based on a response rate of
40 percent. These are significant numbers. But the city determined this data is insufficient to justify proceeding
with the traffic correction. Personally, I think the city should reevaluate their definition of "affected population"
since many in cul-de-sacs and side streets are not exposed to speeding traffic in front of their homes.
Regardless, residents are forced to contend with traffic issues that resulted from poor traffic planning.
The proposed development for the Leistikow Annexation contains a parking lot, roughly the size of Lowe's Home
Center. It will be open from early morning until late at night, five days a week. It is foolish to assume that the
traffic generated by this development, a development that exits directly into the Westchase neighborhood, will
not deleteriously, impact traffic issues that already exist. The infrastructure must addressed early in this process
and it must be properly designed and in place before the development proceeds.
Thank you for your time and consideration.
Devin Hirning
City of Fort Collins/Westchase HOA resident
720-663-9094
12/9/2011
Page 3 of 4
Thank you for your time and consideration.
Devin Hirning
720-663-8094
Below you will find the statement prepared for the November 3, 2011 Planning and Zoning Board hearing. Due
to time limitations, I was unable to read the statement in its entirety.
I was disheartened to learn of the October 20, 2011 Planning and Zoning board meeting. I understand the
Leistikow Annexation decision was invalided, since residents were not properly notified of the meeting.
However, the video record shows the applicant made his case, the issue was discussed and the board issued a
decision in support of the applicant during that meeting. These events serve to propagate the impression that
land use decisions are made before resident concerns are given due consideration. In this case, residents who
oppose this issue are burdened with the task of undoing a decision that has already made.
A resolution came before the Fort Collins City Council on November 1, 2011, concerning this Leistikow
Annexation (Agenda Item #21). The Planning and Zoning Board rightfully declined to include their decision in
this resolution and I thank them for this action. But despite a lack of input from residents, city staff
recommended the adoption of this resolution on first reading. Though the resolution was eventually pulled
from the city council agenda, a similar resolution will appear at a future city council meeting and should reflect
decisions made tonight. The resolution contains a section on Environmental Impacts which contains the
following statement, "The site [the Leistikow property] is not within 500 feet of a known natural habitat or
feature." I would like to know why this section was included and who did the research to back up their
conclusion.
it is a well-known fact that the Fossil Creek Reservoir is a nesting ground for bald eagles. Bald eagle nesting sites
are protected by federal law. The Fort Collins Audubon Society is currently investigating reports of an eagle's
nest located near the intersection of Trilby and Timberline. Since the Leistikow property abuts this intersection,
it is very possible that it contains this and other nesting sites. Regardless of the Audubon's findings, based on the
known existence of bald eagle nesting grounds in this area, the U.S. Fish and Wildlife agency must be consulted
in order to assess whether a development on this site violates federal regulations. The statement that appeared
in Tuesday's resolution is at the very least premature and indicates either poor research, poor judgment or both.
The video of this board's meeting on October 20, 2011 included a discussion related to traffic impacts of the
proposed development on the Leistikow property. I disagree with statements that were made and I disagree
with the apparent conclusions. There are known and existing traffic issues involving the Westchase
neighborhood. First, the only way to exit Westchase is by using the high -traffic Timberline Road. Second, the
East/West routes for pedestrian traffic consist of Trilby and Kechter roads — two roads that have shoulders less
than two feet wide in places, falling significantly short of the current requirement of six feet shoulders according
to Larimer County Urban Street Standards. It should be emphasized that these three roads are the only routes
available to children who must bike to schools and the nearest parks.
There is another issue. Steve Gilcrest and members of the City of Fort Collins Traffic Engineering department
have met with the Westchase HOA in response to a number of complaints that span several years. These
complaints relate to the amount and speed of traffic within the Westchase neighborhood, the bulk of which
come from Fossil Creek Pkwy. At a Westchase HOA Board Meeting, members of the city staff explained that the
12/9/2011
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at the annexation and zoning stage.
For your information, consultants for the Church of Jesus Christ of Latter-day Saints initiated a Conceptual Review
with City representatives on October 3, 2011. Staff informed the applicant that while the site is not located
within 500 feet of a natural habitat or feature, that there are two Red -tail Hawk nests in the area and should the
project move forward, construction timing and buffering would need to be addressed as per the requirements of
Section 3.4.1 of the Land Use Code.
There will be opportunities for citizen input on land development issues at the future neighborhood information
meetings that will be scheduled prior to a submittal for a Project Development Plan.
Regards,
url Wendy Bricher
Executive Assistant
City Manager's Office
(970)221-6506
From: Devin Hirning [mailto:devin@hirning.us]
Sent: Friday, November 04, 2011 12:31 PM
To: City Leaders
Cc: Steve Dush; Ted Shepard
Subject: Council SAR #17577 / Devin Hirning re: Nov. 4 P&Z hearing and pending Nov. 15 resolution
Councilmembers-
I would like to draw your attention to is a section entitled "Environmental Impacts" that appeared in a resolution
that before you on November 1 and will likely return in a resolution before you on November 15. It is my
understanding that environmental issues are not considered at this point. In fact, Alison Holloran of Audubon
Rockies considered appearing at last night's P&Z hearing but was told by the city planner that the discussion
would focus on annexation of the property, not would not yet include development of the site. If environmental
issues are not considered at this point in the development process, why are they included in official documents
and recommendations?
Additionally, I watched P&Z Board members discuss traffic issues with the Leistikow's attorney on the video
record of the October 20, 2011 meeting — a meeting that did not include residential input. Westchase residents
have reason to doubt the accuracy of traffic predictions and to refute the blanket statements often offered such
as , "development pays its way." The city is currently involved in an attempt to correct an issue resulting from
poor traffic planning in our neighborhood. The effort is led by Steve Gilcrest and is discussed more fully below,
(relating to Fossil Creek Pkwy). At this point, it appears the issue will continue, unresolved. But again, if traffic is
not an under consideration at this point, why is it being discussed in the absence of residents with alternate
views?
I do appreciate that both the P&Z Board and Ted Shepard allowed residents some leeway last night. However, it
is confusing to residents when they are informed issues are irrelevant at this juncture, yet they are included in
official discussions and reports. The current process allows several opportunities (and no apparent time limit) for
applicant input. Yet residents are expected to sit quietly while applicants respond the limited time available for
their input. Residents and nonprofit agencies should be allowed equal opportunity to refute issues raised by city
staff, the applicant and the P&Z Board.
12/9/2011
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Ted Shepard
From: Wendy Bricher on behalf of Darin Atteberry
Sent: Monday, November 14, 2011 10:31 AM
To: 'Devin Hirning'
Cc: Darin Atteberry; Diane Jones; City Council; Karen Cumbo; Mark Jackson; Polly Bennett; Ted
Shepard; Steve Dush; Steve Roy; Carrie Daggett; Paul Eckman
Subject: Council SAR #17577 / Devin Hirning re: Nov. 4 P&Z hearing and pending Nov. 15 resolution
Dear Mr. Hirning,
Thank you for contacting the City Manager and members of City Council regarding the Nov. 4 P&Z hearing and
pending Nov. 15 resolution.
Please see the information below provided by Ted Shepard, Chief Planner, in response to your inquiry:
On November 1, 2011 City Council considered, on First Reading, items relating to the Leistikow Annexation.
These items included an Agenda Item Summary along with the Resolution and Ordinance. The City Council has
established a standardized template for use on a city-wide basis for the Agenda Item Summary document.
This template is intentionally organized into several sub -sections so that Council receives written information on a
variety of topics in a consistent format. Following the template is required across all City service areas and
departments regardless of content. The template requires the author of an Agenda Item Summary to address
"Environmental Impacts." This is a sub -section under "Background and Discussion," The template is silent on
whether or not environmental impacts are relevant to the topic at hand. Staff is expected to follow the template
and failure to do so could risk the item being pulled off the agenda.
For the Leistikow Annexation, under "Environmental Impacts," Staff provided the statement:
"The site is not within 500 feet of a known natural habitat or feature. As with any development, any significant
trees are to be preserved but if preservation is not feasible, then mitigation per Land Use Code Section 3.2.1(F)
would be invoked. "
This is a true statement based on the initial field inspection by the Current Planning Environmental Planner. It
was intended to provide a very brief overview. It would have been a more accurate statement, however, with
the inclusion of the following:
"Environmental impacts associated with land development are not reviewed at the time of annexation."
Environmental issues are not reviewed as criteria by which to evaluate an Annexation. Rather, such issues are
reviewed in conjunction with a Project Development Plan per Section 3.4.1 of the Land Use Code. As evidence,
please note that neither the Resolution nor the Ordinance relating to the Leistikow Annexation refer in any way to
environmental considerations.
Regarding the wide-ranging discussion among members of the Planning and Zoning Board at their October 20,
2011 hearing, please note that Board members were advised as to the limited scope of an Annexation
consideration. This advisement was given to the Board by City Staff at the Board's Worksession of October 14,
2011. Board members, however, may take liberties with their discussion as there are no sanctions for doing so.
The Church of Jesus Christ of Latter-day Saints has issued a press release indicating their desire to construct a
temple on the property described by this annexation. Staff continues to emphasize to all interested parties that
the annexation and development of land are two distinct processes, each governed by their own set of standards
and regulations. For example, concerns about traffic on adjacent streets, natural habitats and features and
architecture are land development issues that can only be addressed at the Project Development Plan stage, not
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within Chapter 2 of the Municipal Code.
In terms of your concerns regarding the LDS temple massing, once we receive more specific
information regarding the square footage and height proposed upon submittal, we will review
those items against the established Land Use Code standards. Comparatively speaking, there
are existing, similar developments in Fort Collins adjacent to established neighborhoods.
Specifically, Timberline Church at 2908 Timberline Road, and Faith Evangelical Free Church
at 3930 South Shields Street have a total building square footage of 115,640 square feet and
72,000 square feet, respectively. The applicant has indicated that the LDS temple would be
around 27,000 square feet and two stories in height.
All in all, I hope this information helps you further participate in the development review
process. I would urge you to remain in contact with the Community Development and
Neighborhood Services department and to ask questions if necessary. We recognize that area
residents may have unique knowledge about the character of the areas in which they live and
work and the history or other perceptions you can provide can help ensure a safer, more
livable and sustainable community.
12/9/2011
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Ted Shepard
From:
Courtney Rippy
Sent:
Wednesday, November 16, 2011 12:23 PM
To:
Ted Shepard
Subject: Reply to LDS Temple SAR
Ted,
Below is my response to the LDS temple SAR.
Thanks, Ivj v S
Courtney
Thank you for your e-mail. We value your comments regarding potential future development in
the Westchase neighborhood area. I'd like to take the opportunity to provide you with some
background and process information to give context around the potential Church of Jesus
Christ of Latter Day Saints (LDS) temple project.
The property in question for the LDS temple is zoned in the City as U-E, Urban Estate, per the
1997 City Structure Plan and the Fossil Creek Reservoir Area plan. The U-E zone district is
primarily a low -density residential zone district however does permit complementary land uses,
such as a place of worship or assembly. The proposed LDS Temple meets the Land Use Code
definition of "places of worship or assembly" and, per the Code, is a permitted use in the U-E
zone district, subject to a Planning and Zoning Board public hearing.
Additionally, it should be noted that the applicant has not formally submitted an application to
the City. Once the project development plan for the LDS temple is formally submitted, Staff will
review and evaluate the project based on the established, objective criteria of the Land Use
Code. Moreover, the project will be required to submit a traffic study, ecological
characterization study, photometric plan (a "study" showing the actual physical effects of sight
lighting and the degree to which exterior night lighting affects a property owner or
neighborhood), and will be subject to all site and design requirements.
Based on the proposal's compliance with the applicable standards, (Municipal Code, Land Use
Code, Larimer County Urban Area Street Standards (LCUASS), City Plan, Subarea Plans,
etc.) the project planner will write a staff report making a recommendation of approval, denial,
or approval with conditions to the Planning and Zoning Board. While the project planner may
be aware of neighbor concerns regarding a project, in the staff report they can only address
what is prescribed by the Land Use Code. Neighbor concerns, like yours, are provided to the
Planning and Zoning Board through the project file and records of all received comments.
Also, appeals of any final decision of the Planning and Zoning Board can be filed with the City
Clerk's Office within 14 days of the date of a decision. The applicant, anyone who spoke at the
hearing, received notice of the hearing, anyone who has sent written comments before appeal
or a City Council member can file an appeal. More specific procedures for appeals are located
12/9/2011