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HomeMy WebLinkAboutTIMAN PROPERTY (FORMERLY FRONT RANGE) - REZONE & STRUCTURE PLAN AMENDMENT - 3-00B - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes September 19, 2002 Page 22 Ms. Manci replied that there is a buffer established for the redtail hawk nest that is in the Land Use Code. There is not one for the ferruginous hawk, and in those cases where there is not a specific buffer for a sensitive wildlife species that need protection, then we engage the best local expert. For this site it would go to the Colorado Division of Wildlife and the raptor specialist. Member Colton asked how much is the buffer for the redtail hawk. Ms. Manci replied one -quarter mile. The Division of Wildlife has been out there looking at the site and there is concern about any development on the site that would impact the night roosting activity. There was also some contact with a ferruginous hawk expert and he is also concerned with any development on the site. Member Torgerson moved to recommend to City Council approval of the Timan Property Structure Plan Amendment, #3-0013 for the reasons cited in the staff report. Member Bernth seconded the motion. Member Colton stated that he would be supporting the motion. He thought that the only changed condition is better information about the roosting. He hoped this could be a win win situation in that the applicant will work with the city to make sure there is an adequate buffer. The motion was approved 6-0. Member Torgerson moved to recommend to City Council approval of the Timan Property Rezoning, #3-00B for the reasons that were cited in the staff report. Member Bernth seconded the motion. The motion was approved 6-0. Planning and Zoning Board Minutes September 19, 2002 Page 21 do some surveys and he found zero to three depending on what night he surveyed. On 55% of the visits to the site, there were ferruginous hawks night roosting. There are also bald eagles during the day on the site and they may also be there roosting at night. Mr. Hendee responded that the flip now gets development very close, if not, outside of the quarter mile criteria even though it is not established as a federal requirement and enables the property to be developed in a way that it protects that habitat. Planner Mapes added that if you look at the three zone districts and that there is so much overlap between the zone districts and similarities with multi -family housing and commercial uses that the standards for protecting that resource will probably result in about the same intensity no matter which one of these zones occurs next to it. He did not think there was a difference. To try to speculate on how exactly it would develop and what the difference in intensity would be — it would be such a fine point that he did not think he could say. The key is just getting the supermarket, which was the focal point of this discussion all along. Director Gloss added that the focal point of the neighborhood center would be a grocery store. If a semi trailer were to pull into Safeway at 4:00 a.m. with a night roosting site, it would be pretty obvious what the impact would be with the NC designation on that end given what we know about the nesting and roosting sites. That was the main reason we looked at supporting the flip of the Neighborhood Commercial designation from one end of the site to the other. No matter what is developed you still have to deal with the same buffer standards. The intensity could be different in that you would not be predicated on putting a grocery store, which is a large structure with parking on that end of the site. Member Craig asked why, if has been documented, that the ferruginous roosting has been there for several years, how was that overlooked if both the applicant and staff knew of this when the property was rezoned in January. Director Gloss responded that information was provided with the previous rezoning application, there was an ecological characterization submitted. The information that we received at that time is different than what we have today. Mr. Hendee added that previously it was not conclusive that there was the roosting. The outcome of the hearing was if the zone district was appropriate. The follow up after the rezoning was to immediately conduct a more detailed study. Member Colton asked if there was discussions regarding what the buffer should be since there is not one established. Planning and Zoning Board Minutes September 19, 2002 Page 20 explained that medium density looks like apartments and condominiums. There is a three-story height limit. They would be typical walk up apartments done to city standards. Director Gloss reported that regarding the South College Access Plan, those access points are based on the traffic operation of College Avenue and they would not change with this project no matter what development occurs here. Those access points would stay the same. Member Colton asked about the staff report saying that the reason for this request is that hawk nesting and roosting sites have been discovered within the currently designated neighborhood commercial and medium density areas and a natural resources buffer to protect them precludes a supermarket anchor development which is the focal point of the whole set of designations. He would like to hear how this change would give equal to or better than protection to the natural resources than the current zoning. Some of the other explanations that were from the applicant about changed conditions and so forth really did not seem to be applicable from what the zoning is today. Things have not changed from six months ago and he is relying on the fact that this will help the natural resources buffering. Mr. Hendee replied that after the initial rezoning the roosting site of the hawk, which was brought up at the first hearing had further study done. Based on the location it would have precluded any development in the area because of the hawk roosting site. In looking at this for the long term there is anticipation that over time the use by the hawks there will change. Karen Manci, Natural Resource Department reported that there is a redtail hawk nest nesting — a pair nested on the site this year and they did rear three young. The other use by hawks is night roosting and day roosting during the wintertime. There are confirmed records of ferruginous hawk's night roosting and staying the night in the cottonwood trees towards the south end of the site. The ferruginous hawk is a Colorado species of concern and is a more sensitive hawk species, especially at night because they are more vulnerable. The reason in our code that we don't have a designated buffer distance back from a ferruginous hawk at night roost as we do with the bald eagle night roost, which happens to be one quarter mile, is because there are not a lot of recorded ferruginous hawk night roosting activity that we can gather enough supporting data for that particular distance. They are a sensitive species and it is a very rare event to find a communal night roost where they are not just sleeping one ferruginous hawk in a tree. On this site in 1994 and 1995 winter we had up to six ferruginous hawks roosting together in the clumps of trees. This last year the applicant had a consultant go out and Planning and Zoning Board Minutes September 19, 2002 Page 19 Public Input Ray Allman, representing commercial property owners in the area addressed the Board. Mr. Allman stated that they were not against the project, and asked with this change, would the main entrance to the site be on Skyway and not Trilby? He felt that if the main entrance was going to be on Skyway there are some problems that are posed by Skyway as it is now. As it is, it is on a hill and all they have now on the plan is a "rearage road" as they call it that will be coming through the property. It was not supposed to be a main access point originally in the plan. It was acknowledged in the South College Access Plan that they did not have the ability to put a "rearage road." Mr. Allman was also concerned with the additional traffic and that it might "kick in" the South College Access Plan and have the frontage roads closed off to the commercial properties, and as it is now, there is no "rearage road." Carol Henderson spoke on behalf of the Aurora Hills Association, which is west of this property and has 35 homes. Ms. Henderson stated that Skyway is in very poor condition, it is narrow, and is a hill going west. She felt that the road needed to be addressed. There are also eagles that live in the large cottonwood trees and she was hoping that there would be some allowance for that. The homeowners that live in Skyview and Aurora Hills asked for clarification of what Medium Density Residential is and what it looks like. She also asked if the noise would be mitigated. Public Input Closed Chairman Gavaldon asked Planner Mapes to address the issues brought up by the citizens. Planner Mapes clarified the questions regarding the main entrance moving to Skyway versus the main entrance being on Trilby. The reason staff initially felt that it did not matter which end the Neighborhood Commercial was at was because a street would run on the site north to south and connect Trilby to Skyway. That would be for anyone who would be accessing the site from Skyway from subdivisions to the east and west and likewise from Trilby. He did not think that there was a "main entrance." Skyway and Trilby are sub -standard by city standards. That would be addressed at the time of the development review of a Project Development Plan. The key is that those streets are there and are very good connections coming from neighborhoods. The improvement would be with any development on the site. Planner Mapes addressed the traffic. Reversing the designations should not add any traffic. There may be some slight difference on Trilby or Skyway. The traffic that would access this site will not be affected by which end the Neighborhood Commercial is on. The rest of the site is zoned for commercial and medium density. Planner Mapes Planning and Zoning Board Minutes September 19, 2002 Page 18 The motion was approved 4-2 with Members Colton and Craig voting in the negative. Project: Timan Property Rezoning and Structure Plan Amendment, #3-00B Project Description: Request to amend City Structure Plan designations on a 57-acre property, located on the west side of South College Avenue, from Trilby Road to Skyway Drive; and to rezone accordingly. The amendment is essentially a north -south -flipped rearrangement of the designations currently in place on the site. The resulting change moves the Neighborhood Commercial designation from the northwest corner of College/Trilby to the southwest corner of College/Skyway. The current designations were recently approved, on January 15, 2002. The proposed designations include about 18 acres of Neighborhood Commercial Center (NC) at the College/Skyway corner; about 18 acres of Medium Density Mixed -Use Residential Neighborhood (MMN) extending south to Trilby Road on the western half of the site; and about 21 acres of Commercial Corridor (C) along the east half of the site fronting College Avenue. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence: Clark Mapes, City Planner gave the staff presentation, recommending approval of the rezoning. Planner Mapes gave a visual presentation of the property. Bruce Hendee, BHA Design and applicant on the project stated that they did not have a presentation. This was something that staff has supported and is a logical choice that works for the applicant as well. Chairperson Gavaldon called the meeting to order at 6:32 p.m. Roll Call: Meyer, Colton, Craig, Torgerson, Bernth and Gavaldon. Member Carpenter was absent. Staff Present: Gloss, Eckman, Shepard, Wamhoff, Moore, Mapes, Stringer, Stanford, Manci, Alfers and Deines. Agenda Review: Director of Current Planning Cameron Gloss reviewed the Consent and Discussion Agendas: Consent Agenda: 1. 2. Discussion: 3. #30-02 4. #31-02 5. #3-00B 6. #31-95 7. #37-02 Minutes of the April 4, August 15, and September 5 (Continued), 2002 Planning and Zoning Board Hearings. Resolution PZ02-07 — Easement Vacation. 1225 Redwood Street Rezoning and Structure Plan Amendment. Taft Hill/Hull Rezoning and Structure Plan Amendment. Timan Property Rezoning and Structure Plan Amendment. Hearthfire PUD, Second Filing — Final. 701 Wagner Drive — Modification of Standard. Member Torgerson moved for approval of Consent items 1, less the September 5th minutes and item 2. Member Craig seconded the motion. The motion was approved 6-0. Project: 1224 Redwood Street Rezoning and Structure Plan Amendment. Project Description: Request to rezone 1225 Redwood Street from I, Industrial, to C-C-N, Community Commercial North College. The parcel is 5.5 acres in size and located on the northwest corner of Conifer Street and Redwood Street.