HomeMy WebLinkAboutBRICK STONE APARTMENTS ON HARMONY - PDP - PDP160019 - REPORTS - APPEAL TO CITY COUNCILATTACHMENT 1
City Clerk's
Public Hearing Notice
and
Notice of Site Visit
ATTACHMENTS
Agenda Item 10
1. City Clerk's Notice of Hearing and Notice of Site Inspection (PDF)
2. Notice of Appeal -Amanda Morgan (PDF)
3. Notice of Appeal -David Agee and David Ramsay (PDF)
4. Staff report to Planning and Zoning Board (PDF)
5. Materials provided to Planning and Zoning Board before the Hearing (PDF)
6. Applicant presentation at Planning and Zoning Board Hearing (PDF)
7. Citizen presentation at Planning and Zoning Board Hearing (PDF)
8. Verbatim transcript (PDF)
9. Staff powerpoint presentation to Council (PDF)
Item # 10 Page 9
Agenda Item 10
maintained ponds further down the drainage area. This project meets and exceeds the stormwater criteria for
water quality treatment and low -impact development requirements and detention for largerstorms.
It improves water quality leaving the site with 100% low -impact development (LID) treatments. The
requirement of the Code is for 50% standard water quality treatment and 50% LID treatment. Again, this
project is providing 100% water quality treatment via LID, which is an enhanced water quality treatment. The
runoff is reduced on this site in major storm events on site by the underground detention and delay in release
of the developed runoff to a two year historic (undeveloped) release rate. So, the water quality actually entered
into the Mail Creek drainage is improved... there's improved water quality going into the drainage area and
there's no impact to the floodplain or floodway or downstream flooding because of the onsite detention and
slowerrelease rate of those storms.
iv. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 15)
Applicant engineering consultant response - ...The City of Fort Collins has very high standards for the
detention water quality, W-th staff outlined in their report, and their regulations do indeed comply with that
Colorado modified civil law.
V. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 17)
Staff response - ... the Mail Creek floodway and floodplain is delineated... This project is outside of those
boundaries... this project does not impact the floodway or floodplain based on the delayed release from
detention with this underground system for the discharge into this drainage area.
Appeal Ground 2: Failure to Conduct a Fair Hearing
The Notice of Appeal asserts that the Board failed to conduct a fair hearing because it considered evidence
relevant to its findings which was substantially false or grossly misleading. Specifically, the Appellants intend
to introduce new testimony from a traffic engineer that the traffic study for the project was grossly misleading
as to current and future traffic conditions. Additionally, the Appellants intend to introduce new testimony from a
stormwater engineer that the Drainage Report for the project does not address the dangers of building such a
project in close proximity to the floodway.
Staff has not received any additional information from the Appellants to support their assertion that the traffic
study was grossly misleading or that the Drainage Report was substantially false or grossly misleading. As a
result, staff is unable to respond at this time to relevant new evidence.
Evidence from the hearing record that is pertinent to this assertion includes the applicant's traffic impact report,
the staff report, other documents submitted by staff, the applicant, and the public, and the hearing transcript.
SUMMARY
The subjects of these appeals include failure of the Planning and Zoning Board to conduct a fair hearing, and
failure to properly interpret and apply relevant provisions off the Land Use Code. The Planning and Zoning
Board issued a decision on October 13, 2016, to approve the proposed PDP.
On October 27, 2016 two separate Appeals to the Planning and Zoning Board Decision were submitted,
asserting that the Planning and Zoning Board failed to conduct a fair hearing, in that the Board considered
evidence relevant to its findings, which was substantially false or grossly misleading, and properly interpret and
apply relevant provisions off the Land Use Code, specifically:
1. Article 1, Section 1.2.2. (C) - Purpose
2. Article 1, Sections 1.2.2 (C) (E) (1) (M) and (N)
The record from the hearing is attached and thoroughly addresses the assertions from the two appeals.
Item # 10 Page 8
Agenda Item 10
ii. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 16)
Applicant environmental consultant response - ... The fringe wetland is basicallyformed from the steep slope
there; it's not very wide... so in terms of it being a large-scale wetland, it's certainly not; it's sort of long and
linear... it was our conclusion that we're essentially improving the amount of habitat, particularly to avian
species and other predators... or you know, small mammal species that would be around there... the buffer
zone... increasing it, making it better, bringing in native species... you know, trying to introduce a better
ecosystem there. And then with the fencing, really trying to protect this, you know, and make it a visual
amenity to this... not only to this development, you know, but to the whole area in general.
iii. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 17)
Staff response - ...So, the reason I'm mentioning that is that this area would be ... the minimum buffer standard
would be 50 feet there. The size of the wetlands is less than a third of an acre, and our buffer standards... our
table there, it's a standard starting point of 50 feet for a wetland that's less than a third of an acre. And so
that's why Environmental Planning started with that ... the 50 feet baseline... there's the impoundment there and
the dammed portion, and then it continues southeast, Mail Creek ditch ... then directly south is the Mail Creek,
and that would be a portion ... so below that dammed structure... would start with a 100-foot buffer. In our buffer
table, we do have it called out, 100 feet, for tributaries to Fossil Creek, that is correct, but that does not start
until well after this section, this property.
4. Storm Drainage Impact
The appeal asserts that the storm drainage from Brick Stone will be in the form of a concentrated flow that has
been altered significantly from existing conditions. As a result, the storm water drainage will erode the creek
bank and cause costly damage to Fairway Estates property.
Evidence from the hearing record that is pertinent to this assertion includes the staff report, other documents
submitted by staff, the applicant, and the public, and the hearing transcript. Such pertinent evidence includes
the following:
i. Evidence pertinent to the Assertion from the Staff Report (Page 4)
...The building is setback and buffered from the existing Mail Creek drainage area, incorporating landscape
planting and screening to mitigate and minimize potential impacts on existing natural habitat and the Fairway
Estates neighborhood to the south of the project.
ii. Evidence pertinent to the Assertion from the Staff Report (Page 8)
...The project will preserve existing highest value habitat and ecological value onsite as the buffer zone includes
the Mail Creek Impoundment and its fringe wetlands as well as the stormwater drainage feature on the western
portion of the parcel. The project will further enhance existing site and buffer zone conditions by planting a large
assortment of new native trees and shrubs, reseeding with a dryland seed mix comprising native grass and
wildflower seeds, performing weed management practices, and improving the quality of stormwater entering the
nearby fringe wetlands and Mail Creek Impoundment.
The proposal will maintain and enhance the Mail Creek Impoundment and its shoreline as a wildlife movement
corridor through the planting of new native vegetation and the stormwater drainage feature will remain vegetated
and not piped.
iii. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 6-7)
Staff response - In looking at storm drainage, there were concerns about the quality of outflow from this site
into the Mail Creek impoundment area and drainage, and the Fairway Estates Homeowner Association
Item # 10 Page 7
Agenda Item 10
ii. Evidence pertinent to the Assertion from the Staff Report (Page 11)
...the development meets the transportation requirements in the Land Use Code and LCUASS...
iii. Evidence pertinent to the Assertion from the Poudre Fire Authority (PFA) Email Response
of record (9/23/16)
PFA response - ...The Operations Division has evaluated the impact on our response and at this time does not
see a significant impact on our ability to respond. Should our response become an issue, PFA personnel will
work directly with those involved in the project or the City's Traffic Operations division. We don't have any
concerns about the proposed development from this perspective at this time.
iv. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 14)
Applicant traffic engineer consultant response - ... As for the crossing over, Harmony Road is one of the most
heavily travelled roadways in the community. The median is landscaped... the eastbound left turn into the
Harmony Market has a median that sort of prohibits any type of cheating on it... it's not going to be a normal
occurrence by any means. This actually completes the sidewalks system in the area which would also
enhance the residents at the adjoining apartment complex... This connects the sidewalk; it connects them to
two enhanced crosswalks, either at JFK and Hogan and at Harmony Road ... or at College Avenue. So it does
improve safety.
V. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 19)
Staff response - ...we're always interested in also looking at the safety component, and especially once we
heard about some of the concerns... of the other neighbors; we took a really close look at that. You know, and
in terms of the pedestrian safety, our biggest concern right now is that we have pedestrians that are in the road
edge of Harmony Road... That is a huge concern for us, and the ability to get our pedestrians onto sidewalks,
which is where they really should be, is something that was very important for this particular project... The
addition of a bus stop that is in the close proximity to the apartments that are proposed as well as the Harmony
Road Apartments, I think is also an important component to make sure that we have full -accessible facilities
that are getting from both apartments to a really closely located bus stop.
3. Environmental Impact
The appeal asserts that Brick Stone will negatively impact the existing "eco structure" of the Fairway Estates
neighborhood. The appeal specifically mentions LUC Section 3.4.1.E, Natural Habitats and Features,
Establishment of Buffer Zones and asserts that the buffer zone standard for a tributary of Fossil Creek is 100
feet while the developer is proposing an average of 68 feet of buffer.
Evidence from the hearing record that is pertinent to this assertion includes the staff report, other documents
submitted by staff, the applicant, and the public, and the hearing transcript. Such pertinent evidence includes
the following:
i. Evidence pertinent to the Assertion from the Staff Report (Page 8)
The general buffer distance for wetlands less than one-third of an acre is 50 feet as measured from the outer edge
of the habitat. On the project site, the 50-foot general buffer was measured from the 0.037-acre fringe wetlands
associated with the Mail Creek Impoundment. Application of the standard buffer results in approximately 1.25
acres of habitat buffer zone ... This development project is proposing a natural habitat buffer zone of 1.58 acres
covering approximately 36% of the site area ... The proposal will maintain and enhance the Mail Creek
Impoundment and its shoreline as a wildlife movement corridor through the planting of new native vegetation... Site
visits and the Ecological Characterization Study discovered no known occurrences of habitat for sensitive or
specially valued species.
Item # 10 Page 6
Agenda Item 10
Evidence pertinent to the Assertion from the Staff Report (Page 6)
...the access, parking and circulation system provided with the project is adequately designed with regard to
safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development
and to and from surrounding areas...
ii. Evidence pertinent to the Assertion from the Staff Report (Page 10)
The proposed trip generation for the project includes 63 trip ends during the AM peak hour and 77 trip ends during
the PM peak hour. With the limited access, all trips into the site must come from the west, and all trips leaving the
site will head to the east. This is typical of all right -in, right -out accesses on arterials, which are further controlled
by continuous medians.
The TIS [Traffic Impact Study] reviewed the Level of Service (LOS) for vehicles at the adjacent intersections. At
the JFK intersection, LOS remains good both with and without the development. For the Harmony Road / College
intersection this is a fully built out intersection, without any further mitigation anticipated. The impact of this
development on the function of that intersection is <1%. The project does not generate enough traffic to warrant
an Adequate Public Facilities review, and the minimal operational impact meets the qualification for `nominal
impact' in the Larimer County Urban Area Street Standards. At the access into the property from Harmony, the
development does warrant the construction of an eastbound right turn auxiliary lane from Harmony into the
development's access.
iii. Evidence pertinent to the Assertion from the Staff Report (Page 11)
Based on the analyses, investigations, and findings documented in the TIS submittals, the development meets
the transportation requirements in the Land Use Code and LCUASS. No new signals or modifications will be
required with the construction of the project... an eastbound right turn lane is required into the access...
iv. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 6)
Staff response - ...There are allowed U-turn movements at these intersections ... if it ever warrants a change to
those intersections and those turn movements were taken away... there... are some options that are
available... This project meets all of the transportation requirements of the Land Use Code for level of service
requirements.
2. Pedestrian Safety
Similar to Ms. Morgan's appeal, this appeal raises the issue of pedestrian safety for the residents of the
Harmony Road Apartments. Additionally, the appeal asserts that residents of Brick Stone will not utilize
pedestrian crossings and will cut across Harmony Road on foot and through the median break creating a
safety issue.
Evidence from the hearing record that is pertinent to this assertion includes the staff report, other documents
submitted by staff, the applicant, and the public, and the hearing transcript. Such pertinent evidence includes
the following:
i. Evidence pertinent to the Assertion from the Staff Report (Page 10)
Access to the property will be limited. Based on the Harmony Corridor Plan, the major arterial classification of
Harmony Road, and current standards, the only permitted access will be a shared access driveway with the
property to the east, and that access will be limited to a right -in, right -out configuration.
...With the limited access, all trips into the site must come from the west, and all trips leaving the site will head to
the east. This is typical of all right -in, right -out accesses on arterials, which are further controlled by continuous
medians.
Item # 10 Page 5
Agenda Item 10
driveway can do so safely... It looks to me like there's a paved sidewalk along the west side of the Harmony
Apartments... the people in the Harmony Apartments could use that sidewalk to stay out of the drive and then
get up to the sidewalk atHarmony.
Xi. Evidence pertinent to the Assertion from the TIS Memorandum, Supplemental Information,
dated September 12, 2016, by ELB Engineering, LLC (Page 1)
Applicant traffic engineer consultant response - The... project will eliminate a critical gap in the pedestrian
system of the area. Residents of the project will be able to go to either College Avenue or JFK to cross
Harmony Road. A pedestrian analysis was completed for the project and it was found to meet the standards
set forth by the City of Fort Collins for pedestrian level or service... The project will construct the third lane of
Harmony Road and also construct a bus stop...
APPEAL NO. 2 - DAVID AGEE AND DAVID RAMSEY
The Notice of Appeal asserts two grounds for appeal: (1) that the Board failed to properly interpret and apply
relevant LUC provisions; and (2) that the Board failed to conduct a fair hearing because it considered evidence
relevant to its findings which was grossly misleading.
Appeal Ground 1: Failure to Properly Interpret and Apply Relevant LUC Provisions
The Appellants assert that the Board failed to properly interpret and apply relevant provisions of the Land Use
Code, Article One, Section 1.2.2 (C), (E), (1), (M), and (N):
The purpose of this Code is to improve and protect the public health, safety and welfare by
(C) fostering the safe, efficient and economic use of the land, the city's transportation
infrastructure, and other public facilities and services.
(E) avoiding the inappropriate development of lands and providing for adequate drainage
and reduction of flood damage.
(1) minimizing the adverse environmental impacts of development.
(M) ensuring that development proposals are sensitive to the character of existing
neighborhoods.
(N) ensuring that development proposals are sensitive to natural areas and features.
Specifically, the Notice of Appeal raises four issues: traffic safety, pedestrian safety, environmental impact,
and storm drainage. With regards to environmental impact, the Notice of Appeal cites LUC Section 3.4.1.E,
Natural Habitats and Features, Establishment of Buffer Zones. The Notice of Appeal asserts that the buffer
zone standard for a tributary of Fossil Creek is 100 feet while the developer is proposing an average of 68 feet
of buffer.
1. Traffic Safety
The appeal asserts that the traffic associated with Brick Stone would negatively affect traffic safety and cause
"extremely dangerous traffic conditions." The principal issue relates to the right in, right out access to Brick
Stone causing the need for "U-turns and other irregular traffic maneuvers."
Evidence from the hearing record that is pertinent to this assertion includes the staff report, other documents
submitted by staff, the applicant, and the public, and the hearing transcript. Such pertinent evidence includes
the following:
Item # 10 Page 4
Agenda Item 10
V. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 6)
Staff response - ...This project meets all of the transportation requirements of the Land Use Code for level of
service requirements.
vi. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 8)
Staff response - ...it is a right -in, right -out limited access turn that we are allowing the applicant to use. We're
not allowing any kind of left turn movements. It is a safer approach for accesses onto these... higher speed
arterial roadways that we have, is to limit those to right -in, right -out... That's what the Harmony Corridor plan
assumed and that's what we're requiring of the developer... This actually completes the sidewalks system in
the area which would also enhance the residents at the adjoining apartment complex...The
woman... mentioned that it didn't concern safety... it does concern safety. One of the photos in the Traffic
Impact Study (TIS) showed a gentleman in a wheelchair in the shoulder of Harmony Road. This connects the
sidewalk; it connects them to two enhanced crosswalks, either at JFK and Hogan and at Harmony Road ... or at
College Avenue. The project is also adding a bus stop.
vii. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 15)
Traffic Engineer consultant response - There's a mention that the bus won't stop there... now it will. So their
travel needs are actually being enhanced. Yes, there will be additional traffic in the driveway, but it's a
residential development. The main traffic is during the peak hours; it's relatively low from an urban standpoint.
It's going to be a better situation that what exists now; it completes the travel environment for a lot of different
modes. Itpassed all the levels of service requirements for bicycles, for peds, for transit, and for automobiles.
viii. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 18)
Staff response - ...The adopted access control plan that exists along Harmony has identified where the most
appropriate locations would be for access points along Harmony... it is well known in our industry that the
extent to which, along our arterials, that we can combine accesses, that that is really the safest way to
approach access out onto our arterials... And what we're asking this development to do is to complete that
third lane across their entire frontage so that we're extending the ability for that turning traffic to merge into the
through traffic. And if we add another driveway in the vicinity of that merging, that that is really a less safe
approach than trying to push that access as far east as possible... The drive ... was already built at a 30-foot
wide drive. So a typical driveway would just be 24 feet, and it was... because it was anticipated and planned to
be a shared access for both of those properties, it was already built to a 30-foot standard.
ix. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 19)
Staff response - ...we're always interested in also looking at the safety component, and especially once we
heard about some of the concerns... of the other neighbors, we took a really close look at that. ... In terms of
the pedestrian safety, our biggest concern right now is that we have pedestrians that are in the road edge of
Harmony Road... That is a huge concern for us, and the ability to get our pedestrians onto sidewalks, which is
where they really should be, is something that was very important forthis particular project... The addition of a
bus stop that is in the close proximity to the apartments that are proposed as well as the Harmony Road
Apartments, I think is also an important component to make sure that we have full[y]-accessible facilities that
are getting from both apartments to a really closely located bus stop.
X. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 20)
Applicant planning consultant response - ...I think that's another benefit of this project to the Harmony
Apartments will be the maintenance... Not only will the drive be continually kept clear, the sidewalk along
Harmony will be diligently kept clear, as well as the paths through the site... there's maybe some options there
that we could pursue, to look at ways to ensure that anyone that's using a mobility device that's using the
Item # 10 Page 3
Agenda Item 10
permitted in the Harmony Corridor (H-C) zone district, subject to a Type Two, Planning and Zoning Board
review.
APPEAL NO. 1 - AMANDA MORGAN
The Appellant asserts that the Board failed to properly interpret and apply relevant provisions of the LUC,
Article One, Section 1.2.2 (C).
Section 1.2.2: The purpose of this Code is to improve andprotect the public health, safety and welfare by:
(C) Fostering the safe, efficient and economic use of land, the city s transportation infrastructure, and
other public facilities and services.
The Appellant states:
'Testimony was offered at the October 13, 2016 Planning and Zoning Board hearing stating that the Brick Stone
Apartments project does not meet these sections of the Code... "
"...The majority of the residents are dependent on mobility devices... who will have to cope with the safety
issues...because of the shared driveway concept... Because of our special needs, we are extremely
concerned that our safety and lives will be at risk"...
Evidence from the hearing record that is pertinent to this assertion includes the staff report, other documents
submitted by staff, the applicant, and the public, and the hearing transcript. Such pertinent evidence includes
the following:
i. Evidence pertinent to the Assertion from the Staff Report (Page 6)
...the access, parking and circulation system provided with the project is adequately designed with regard to
safety, efficiency and convenience for vehicles, bicycles, pedestrians and transit, both within the development
and to and from surrounding areas...
ii. Evidence pertinent to the Assertion from the Staff Report (Page 10)
Access to the property will be limited. Based on the Harmony Corridor Plan, the major arterial classification of
Harmony Road, and current standards, the only permitted access will be a shared access driveway with the
property to the east, and that access will be limited to a right -in, right -out configuration.
...With the limited access, all trips into the site must come from the west, and all trips leaving the site will head to
the east. This is typical of all right -in, right -out accesses on arterials, which are further controlled by continuous
medians.
iii. Evidence pertinent to the Assertion from the Staff Report (Page 11)
...the development meets the transportation requirements in the Land Use Code and LCUASS...
iv. Evidence pertinent to the Assertion from the Hearing Verbatim Transcripts (Page 5)
Staff response - ...the Harmony Corridor Plan and the Harmony Corridor Standards and Guidelines... provided
guidance for access... looking at the Harmony Corridor Access Control Plan.. already mentioned the shared
access drive...
Item # 10 Page 2
Agenda Item 10
STAFF
Pete Wray, Senior City Planner
Tom Leeson, Director, Comm Dev & Neighborhood Svrs
Cameron Gloss, Planning Manager
SUBJECT
Consideration of Two Appeals of the Planning and Zoning Board Decision to Approve the Brick Stone
Apartments on Harmony Project Development Plan.
EXECUTIVE SUMMARY
The purpose of this item is to consider two appeals of the Planning and Zoning Board (the "Board") decision to
approve the Brick Stone Apartments on Harmony Project Development Plan. On October 27, 2016, three
appellants, Amanda Morgan, David Agee and David Ramsey filed two separate Notices of Appeal of the
Planning and Zoning Board decision approving the Brick Stone Apartments on Harmony Project Development
Plan.
Appeal No. 1 - Amanda Morgan
This appeal asserts that the Board failed to properly interpret and apply Land Use Code ("LUC") Section
1.2.2(C). Specifically, that the access proposed to be shared by Brick Stone and Harmony Road Apartments
creates safety issues for the residents of Harmony Road Apartments.
Appeal No. 2 - David Agee and David Ramsey
This appeal makes the following two assertions:
The Board failed to properly interpret and apply LUC Sections 1.2.2 (C), (E), (1), (M), and (N). Specifically,
this appeal raises issues related to traffic safety, pedestrian safety, environmental impact, and storm
drainage.
2. The Board failed to conduct a fair hearing, by considering evidence relevant to its findings which was
grossly misleading. Specifically, the Appellants intend to introduce new testimony (1) from a traffic
engineer that Brick Stone's traffic study was grossly misleading as to current and future traffic conditions;
and (2) from a stormwater engineer that the Drainage Report for the project does not address the dangers
of building such a project in close proximity to the floodway.
UND ( DISCUSSION
The Brick Stone Apartments on Harmony Project Development Plan (PDP) represents a request for the
development of a 3-story multi -family apartment building and ground level parking on approximately 5 acres of
existing vacant land, located at 201 E. Harmony Road. The proposed PDP includes 116 market rate
residential units, with a mix of 1- and 2-bedroom units. The building includes a 56,700 SF parking garage with
197 parking spaces. Access to this site will be from Harmony Road on an entry drive shared with Harmony
Road Apartments which is located to the east of the proposed project. The proposed multi -family use is
Item # 10 Page 1