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HomeMy WebLinkAboutSCENIC VIEWS PUD - FINAL ..... SECOND PLANNING & ZONING BOARD HEARING - 3-96A - DECISION - MINUTES/NOTES122 1 STATE OF COLORADO ) 2 COUNTY OF LARIMER ) 3 REPORTER'S CERTIFICATE 4 5 I, Leslie G. Arnold, a Court Reporter and Notary 6 Public, State of Colorado, hereby certify that the foregoing 7 hearing, taken in the matter of Scenic View PUD, was held on 8 Monday, March 10, 1997, at 300 West Laporte Avenue, 9 Colorado; that said proceedings were transcribed by me from 10 videotape to the foregoing 121 pages; that said transcript 11 is, to the best of my ability to transcribe same, an 12 accurate and complete record of the proceedings so taken. 13 I further certify that I am not related to, 14 employed by, nor of counsel to any of the parties or 15 attorneys herein nor otherwise interested in the outcome of 16 the case. 17 Attested to by me this 5th day of May, 1997. 18 19 20 21 , e lie G. rnold, Cou t Reporter 22 L--4 42 Westbrooke Court ort Collins, Colorado 80526 23 24 25 My commission expires September 6, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 211. 22 23 24 25 121 Well, let's see, we have still one more item, don't we? okay.' (Matter concluded.) * * 120 1 there still some places that there's some question marks. 2 It's kind of unfortunate. I guess if it's in a different 3 portion of town that wasn't affecting agricultural property 4 of the nature that it is, I would feel a whole lot more 5 comfortable. 6 So in that regard „I feel it's kind of 7 unfortunate that we're having to experiment with the best 8 technology that we have available with this property. I do 9 also feel a little bit uneasy about some of the things I 10 heard tonight, about a sense from the neighborhood that 11 there really hasn't been much of a sense of compromise 12 throughout this process. 13. I feel pretty badly about that and since, you 14 know, there's some real unhappiness on the part of the 15 people who feel that they really didn't -- weren't heard 16 from the very onset. I won't be supporting this motion. 17 Time for a vote, please. 18 THE CLERK: Chapman? 19 MR. CHAPMAN: Yes. 20 THE CLERK: Gavaldon? 21 MR. GAVALDON: Yes. 22 THE CLERK: Byrne? 23 MR. BYRNE: Yes. 24 THE CLERK: Bell? 25 MS. BELL: No. The PUD passes three to one. 119 1 really inclined to support the retention pond. I would 2 prefer another method of approaching this. I think we could 3 come up a lot further ahead; however, this is the best 4 solution given the situation that is out of our privy. 5 At the same time I feel confident about the 6i Homeowners Association and the Articles and Incorporations, 7 covenants, and bylaws are going to sound and fees are going 8 to be reasonable. I feel that the process will ensure that 9 this is public record and it does work. . 10 I feel that there's been good input from the 11 citizens here, and I don't want to downplay it, but I think 12 you all had made a big difference to it and making it work 13 and bringing the attention to the developer as that in 14 respect, I think there is more efforts that the developer 15 will need to ensure for the neighbors that he is a good 16 neighbor and the neighbors are going to have to help ensure 17 that it's maintained to be a good neighborhood and the 18 quality is there. 19 Because I felt that there has been 20 significant improvement since December, and I think all the 21 hooks and things are in place, but your efforts are still 22 needed in this, and hopefully that will continue. 23 MS. BELL: Well, I guess I feel that it's 24 kind of unfortunate that we have such a large project. I 25 know we have heard a lot of good testimony. It still -- 118 1 MR. BYRNE: For those folks that are here, I 2 know .there's been a lot of energy devoted, and I just think 3 it's important to sort of recap the thinking at least on my 4 part. It seems to me that the central issue is really the 5 density of the project. And that was not the -- that was 6 really not the question before us this evening. I think the 7 question before us this evening was: 8 Does the retention pond scheme, as outlined 9 by the developer, work? And I think from the question and 10 answer that we have just gone through for like the last 11 couple of hours to the extent that we can know it's not a 12 perfect science, but. itIs a.pretty decent science.. It seems 13 as though that the plan is feasible. 14 There's reasonable checks in place as the 15 project builds out 25 percent. Everything's got to be in. 16 place. And if it's not working, then things have to be 17 corrected. There is sort of an ongoing question about water 18 quality, and I think that's one of those things that perhaps 19 the ditch company could provide some measurement of water 20 quality periodically just to make sure that increase, you 21 know, to get people's confidence that there's not something 22 going on there. That we didn't expect to have happen. 23 MR. GAVALDON: I have a few observations from 24 the discussion tonight, I'm satisfied with Glen's inputs on 25 about the water quality and the storm drainage, and I'm not 117 1 than that. 2 MR. GAVALDON: So you have two or three years 3 under your belt with all the information for maintenance, 4 structures, fees, and to ensure that you have a viable 5 Homeowners Association in place? 6 MR. VEIO: Right. And we like to pick 7 somebody on those boards that's environmentally sensitive 8 too. That helps to keep the property and the canal clean 9 that way. 10 MR. GAVALDON: Which would be among the 11 owners in that area? 12 MR. VEIO: Absolutely. i 13 MR. GAVALDON: Thank you. 14 MS. BELL: Okay. Do we have any other 15 questions, or are we ready to move into a motion? Then 16 let's have one. 17 MR. CHAPMAN: I move that we approve Scenic 18 Views PUD final 3-96A, with the condition as stated in the 19 staff report which is the standard requirement to get the 20 Planning and Zoning Board -- I'm sorry to get the utilities 21 approved? 22 MR. BYRNE: I'll second. 23 MS. BELL: It's been moved and seconded that 24 the final,.the Scenic Views PUD be approved. Are there any 25 other comments? 116 1 you'll be involved in it and you'll have a ground 2 opportunity to put all those efforts in place, setting the 3 fee structures, Articles of Incorporation, bylaws and 4 covenants. How long would you be involved in it before you 5 handed it over in your projections? 6 MR. VEIO:. Well, as far as the condominium 7 declarations, those become a public document. What we do as 8 a development company is we specify what our philosophy is. 9 And in that Storm Water Quality Report, that's our 10 philosophy of how that property should be maintained and 11 cared for. So that philosophy gets transferred into that 12 publicly recorded document. And we adjust the voting rights 13 in such a fashion that it's going to be difficult for those 14 homeowners to change our philosophy. 15 MR. GAVALDON: So you'll have the opportunity 16 of putting all of the structure into place and divisions. of 17 responsibilities, and depending on how you cluster the 18 organization, all that would be foundation to the program? 19 MR. VEIO: Absolutely. 20 MR. GAVALDON: So how long do you feel you 21 would be involved in it, in your marketing projections? 22 MR. VEIO: Well, the marketing projections, I 23 think, it's probably going to take us somewhere between two 24 years and three years to sell all those units out. But I 25 think we will be involved in Fort Collins for a lot longer 115 1 maintenance, he's going to be on top of it. 2 MR. BYRNE: Plus they would certainly have an 3 indication that it's not working properly. 4 MR. VEIO: Oh, sure. We maintain they have to 5 keep service records of how many hours it was in service. 6 How many days it was in service. So we know the expected 7 life of the motors. We compare that to the number of hours 8 it's been run. You can figure that sort of thing out. 9 MS. BELL: So that's just the Homeowners 10 Association would have to budget as part of they're, being an 11 entity to maintain this facility? 12 MR. VEIO: Yeah. Just like the sprinkler 13 system. They have to do that for the sprinkler systems. 14 They have to replace those periodically throughout the life 15 of the development. This isn't any different. 16 MS. BELL: And looking at a realistic budget 17 to keep the price of homes within the range that your 18 proposing? That can all be done? 19 MR. VEIO: Yes. 20 MR. GAVALDON: I have a question back to 21 Homeowners. When the development started, the developers do 22 still hold the majority of the so-called voting shares in a 23 development until you get a majority of homes sold where the 24 homeowners will pick up the responsibility over the 25 developer. In your estimation, how long would you feel that 114 1 mechanism was going to be -- there's a maintenance person 2 on -site, and if that doesn't work, then there's a ditch 3 rider who comes, and if that doesn't work, then they get in 4 touch with the City? 5 MS. BELL: But that's my point. Who is this 6 maintenance person? who's paying them and -- it's the 7 home 8 MR. BYRNE: So the maintenance person. is kind 9 of the -- he's the guy -- he's the man on the spot? 10 MR. VEIO: The maintenance person is 11 responsible for all the ground maintenance in the complex. 12 When the home owner's budget is put together, there's a 13 reserve amount that's set aside for replacement of all 14 machinery. And that amount is allocated out of the monthly 15 assessment fee. So that creates the fund that you're 16 looking for. 17 And what you do is you estimate the life of 18 those pumps and you escrow that percentage of life each 19 month so there's money there when it goes out, if it goes 20 out. The other thing to keep in mind is that these pumps 21 they last quite a number of years. They really do. The 22 maintenance man will be checking it, monitoring it, oiling 23 it on an annual basis, to be sure, generally two or three 24 times a year. 25 So if there is anything that's going to need 113 1 I don't know a good word to call it, but we have similar 2 things regarding trees and different things where there's a 3 fund that's created 4 MR. DUVAL: You know an example -- maybe this 5 is an example, is what we do in our franchise agreement with 6 cable TV. For example with TCI or whoever is our cable 7 operator is we require them to post a letter of credit that 8 we can draw upon if we ever have to complete an upgrade of 9 the cable system or something like that. 10 So you can do something similar to that,. 11 where the City, if it turned out that no one was performing 12 as they were required to do, or should be doing, that the 13 City, stepping into, then, would be able to draw on some fund 14 or letter of credit or some security in which to pay itself 15 for going in and making the repairs and doing the work. 16 MS. BELL: That seems like it might be 17 logical since this system is going to be, as we've heard 18 Glen say, you know supposedly it's going to be helping quite 19 a bit. It's going to be preventing flooding. It's going to 20 be cleaning up the water, you know, if it can't be done 21 because there's no funds, or there's not a mechanism there 22 with the Homeowners Association to complete that, I think 23 there should be something in place to help maintain that 24 for, you know, for a reasonable period of time. 25 MR. BYRNE: Well, didn't we hear that the 112 1 been good, and you don't see it happening, but you know, you 2 only have to go back to the 180s and it did happen quite 3 frequently. 4 MS. BELL: So that question is kind of up in 5 the air. I think I heard you say it might be possible. for 6 us to put some sort of condition in there that would be part 7 of the agreement? 8 MR. DUVAL: Yes, you could. I guess what I'm 9 struggling with is, what should the terms of that condition 10 be? How is the City going to draft it into its development 11 agreement to be effective in a practical way to enforce, you 12 know, what your concerns are. And I understand your 13 concerns, it's just something we haven't done before, at 14 least I haven't been involved in. 15 MS. BELL: It's not like it's just a pump. 16 It's a pump. It's a wall. I mean it's, as has been . 17 testified to tonight, there's a lot of parts to this system 18 which makes it a hole, which makes it work. And so, you 19 know, I'm pretty sure it will be fine for five years or so 20 -- ten years, who knows. Then there will be that inevitable 21 point down the road where things are not working and, you 22 know, how does that all happen? 23 MR. DUVAL: Is what your thinking about is 24 requiring an initial deposit of some sum of money.into -- 25 MS. BELL: Yeah. Like in a mitigation fund. 111 1 have changed. Situations have changed. The. Board last year 2 -- two years ago decided that in order to take care of the . 3 landscaping that's in the medians along the street, that we 4 would go out and purchase raw irrigation water and see that 5 it got piped into the system that feeds that, and so yeah, 6 I think Homeowners Associations can be responsible. 7 And I would ask Bob and John, what do you 8 find that when Homeowner Associations are formed and the 9 covenants are correctly written, do they frequently fail to 10 perform? 11 MR. DUVAL: Sometimes. That depends on the 12 economic situation. There are certainly lots of examples in. 13 the recent economic bad times in the 180s when a lot of 14 Homeowners Associations did fail. By that situations where 15 you saw homes and condominiums and so forth being foreclosed: 16 upon, and it was, you know, it was a pretty terrible 17 situation. 18 So it's always possible that things can fall 19 apart. So there's no guarantees that the Homeowners 20 Association will always be there and will always make the 21 right decisions. 22 MR. CHAPMAN: I guess I was asking for some 23 kind of an assessment as to -- not whether or not it was 24 possible, but is it frequent? 25 MR. DUVAL: Well, in recent years things have 110 1 MR. DUVAL: Yeah. You're talking, you know, 2 30, 40, 50, -- I don't know how many years, but it could be 3 difficult to try to figure that all out in the beginning 4 here. 5 MS. BELL: I just know that in the 6 neighborhood that I lived in for seven years or so, we.ended 7 up having some significant storm drainage issues from the -- 8 what happened at the time of development -- some things that 9 did not get done properly. And, you know, it was a 10 significant amount of money that homeowners were then 11 assessed to have to take care of this problem. 12 And that just really seems like a burden 13 that's not fair. And I might be sort of leaping into 14 something. here, but I mean it's part of the report and. I'm 15 trying to understand, especially it was brought up in the 16 testimony tonight about these -- are supposed to be 17 affordable. What are the dues going to need to be like in 18 order to maintain someone professional. 19 This person is going to have to be fairly 20 professional I think to handle this. I don't know. I'm 21 seeing all kinds of heads shaking. Does anybody have a 22 response to that? Okay. Go ahead. 23 MR. CHAPMAN: I'm also on the Board of 24 Directors for our Homeowners Association, and it's been in 25 existence for, I guess, eight or nine years. Board members 109 1 And in my mind it would be a much more 2 prudent kind of thing to set up some sort of a fund. And I 3 don't even know, John, if this is possible, but I'm going to 4 float this out there, some sort of a fund by the applicant 5 that would pay for the ongoing services of somebody 6 knowledgeable in this besides a Homeowners Association, to 7 try to, you know, monitor this and educate people, and 8 monitor pond discharge, track the effectiveness of the pest 9 man. 10 I mean, this is pretty extensive what we are- 11 talking about here, and I'm sorry but I just don't see the 12 typical Homeowners Association being able, on a long-term 13 basis, they might be able to pull it off initially, with the 14 initial Board and whatnot, but it will get lost._ So, John, 15 is there -- is it possible for us to put some sort of a -- 16 it would be like a fund of some sort, you know. 17 MR. DUVAL: Well, this is probably something 18 that would be -- if you've made it a condition of your i 19 approval, it's something that would have to be negotiated 20 and probably set forth in the development agreement. And, 21 you know, it's theoretically possible that you could. You 22 set up a fund of some kind. You can get into issues of how 23 much is it going to be. A long a period of time is it going 24 to be needed for. 25 MS. BELL: Forever, I guess. 108 1 the slides, you know, you don't feel like it's coming in on 2 you or it's surrounding you. I think it makes it feel open, 3 and I think that's the way we are going to perceive it. 4 MR. GAVALDON: So the one at Scenic View is 5 going to be as open in relative size? 6 MR. VEIO: Right. I say it's going to feel 7 much more open because it's not as deep and the relative 8 size would be about two thirds of the size of the base we 9 saw in that set of slides. 10 MS. GAVALDON: Okay. Thank you very much. it MR. VEIO: Thank you. 12 MS. BELL: I have another. I don't know 13 whether it's a question, comment or what, about this 14 Homeowners Association responsibility, but I've read through 15 this. I've lived in a number of neighborhoods with 16 Homeowners Associations. I've been on the Board of 17 Homeowners Associations before. 18 And Boards change, and oh my goodness, all 19 sorts of things happen, and you very easily, I know from 20 definite experience, lose track of what is a really pretty 21 specific plan here for a Homeowners Association to have to 22 deal with, and I don't know. I don't know what I want to 23 say about that except I'm rather skeptical and need to have 24 a little bit more assurance about how this is all.going to 25 be monitored. 107 1 very similar. It's not going to look at lot different. 2 MR. GAVALDON: Even though the acreage is 3 almost 5X, so your taking the depth compared to the slope 4 and you're saying well, we got two thirds comparison but in 5 actuality, you are almost 5X. I'm just trying to understand 6 this so I can make a reasonable judgment. 7 MR. VEIO: Well, if I had a blackboard, I'd be 8 happy to show you how you calculate volume. You have an 9 inverted pyramid. And as you go up the inverted pyramid, 10 all your volume is up at the top, so that's where that pond 11 creates a significant amount of more volume than our pond 12 does, but at'the base it's only maybe a third bigger than 13 ours. 14 MR. GAVALDON: So you're looking at the 15 bottom like at the bow portion of it? 16 MR. VEIO: Right. That's maybe a third larger 17 than what we are taking about. 18 MR. GAVALDON: Is that consistent in 19 comparison? 20 MR. VEIO: I think it is. I think you got a 21 good feel for it. 22 MR. GAVALDON: Even though 30 feet versus say 23 16 feet? 24 MR. VEIO: I think the 30 feet feels maybe 25 more ominous, feels taller -- irrelevant, but I think from 106 1 retention pond.may not have ,been a fair comparison. 2 Is there something closer to the size of this 3 that you can elaborate on. Because I feel that there is 4 some concerns about that so I can get that addressed. 5 MR. VEIO: I think the easiest way to make 6 this comparison is that we measure both ponds in terms of 7 acre feet. So the pond -in Denver was 75 acre feet but you 8 got to remember, it's 30 feet deep. So it's nearly twice,;. 9 the depth as the pond we are proposing and as these ponds go 10 up at a four to one slope, the bulk of volume is about 11 15 foot to 30 foot. 12 If we took it on a square footage basis, and 13 we looked at actual bottom of the ponds, we estimate is 14 abouttwo thirds the size of those slides. 15 MR. GAVALDON: But it just seems by sheer 16 numbers there is..a discrepancy, and it's significant in. 17 size. Is there an example in Denver that is closer to this 18 to compare to? 19 MR. VEIO: I suppose there is. I don't have a 20 list of them, so I couldn't tell you off -hand. 21 MR. GAVALDON: Because I'm trying to compare 22 apples to apples, and I think I have an orange. 23 MR. VEIO: Well, the square footage on the 24 base of the pond that we showed you in the slides .is about 25 -- our pond would be about two thirds of that size, so it's 105 1 area, and the two to three foot depth area is the water 2 quality volume. So you would have water standing in there 3 periodically, but it wouldn't be a permanent pool. 4 MR. VEIO: Perhaps I could clarify this, too. 5 MS. BELL: It's on page 12 of your report. g MR. VEIO: In that design, theoretically 7 wetlands take two feet to three feet, but analyzing our site 8 we really only need to have about that much water on a 9 regular basis to keep the wetlands going. So you don't 10 really have to have, two or three feet, but the retention 11 pond volume is deep enough, it's two or three feet. 12 And we think only a couple of inches are 13 going to be necessary in there to get that wetlands to 14 habitate. If we find that that's not going to do it, then 15 we have two to three feet of capacity to add additional 16 water. 17 MR. CHAPMAN: That helps. Thank you. 18 MS. BELL: So there's a potential that there 19 could be two to four feet of water? You're hoping not, but 20 there could be? Okay. 21 MR. GAVALDON: I have one final question. 22 This is going back to the comparison that was shared in the 23 slides, the Denver example. It appears, from some 24 citizen's views, that an example of this magnitude in Denver, 25 almost five times what we have here, this example of 104 1 would be basically three feet above that, and then it 2 flattens out. That part is intended to be dry most of the 3 time, other than during floods. 4 MS. BELL: Okay. Any other questions related 5 to that? 6 MR. CHAPMAN: Roger, I'm sorry, I had 7 difficulty following that. The very bottom of the retention 8 pond, as I understand it will be sort of a triangular shape 9 permanent wetlands. And what's the depth of that water? 10 MR. MEADEN: That would be where you'd be 11 about 16 feet from there to the very top. 12 MR. CHAPMAN:. The depth of water? 13 MR. MEADEN: The depth of the water is 14 basically going to be zero. You might have an inch or so 15 there. 16 MR. CHAPMAN: So there wouldn't be a 17 permanent wetland? 18 MR. MEADEN: It will be a wetland, but not a 19 permanent standing water. 20 MR. CHAPMAN: In the report that we.received 21 here, I thought that it said there would be two to three 22 feet of water normally standing in that bottom wetland 23 treating area; is that incorrect? 24 MR. MEADEN: Yes. That would be. It's the' 25 wetland bottom itself would be bottom of that water quality 103 1 MR. MEADEN: Yeah. Basically, the area in 2 the bottom of the water quality area of the pond is intended 3 to be flat. There wouldn't be any standing water per se, or 4 we are not designing to hold any certain amount of standing 5 water. Realistically overtime, you're going to have some 6 high spots and things that will develop, so you might have 7 like an inch or two of water standing or something like 8 that. But it's not something that's intended to hold any 9 certain depth or anything. It's intended to be flat. 10 MS. BELL: So you're saying an inch or two of 11 water will maintain the wetlands to the degree that they 12 need to be functional? 13 MR. MEADEN: Right. It's intended to be a 14 flat bottom, basically. And over time, it will develop some 15 high spots and low spots and things. So realistically 16 you'll have maybe -- you might have an inch of water, or two 17 inches of water standing in portions of it or something like 18 that. But most of it will not be standing water, and won't 19 be dry either. It will be relatively soggy in the very 20 bottom part. 21 MS. BELL: So from the center on out, how 22 many feet are we kind of talking about? 23 MR. MEADEN: The very bottom is sized at 24 about 8100 feet, which is intended to offset the loss of 25 wetlands. And then remaining portions of the pond, which 102 1 example. It's not a wetland though. It's just a detention. 2 MR. SCHLUETER: A good example that's real 3 similar to this is in the Nelson Pond -- Nelson Pond -- 4 Nelson Farm Pond, that's what it's called. And it's got a 5 wetland in the center of it. It's got water in it all the 6 time. We mow up to the edges. He leaves like -- I think 7 it's a 10 foot buffer around it so that the geese aren't 8 constantly walking out onto peoples' lawns and that kind of 9 stuff. 10 We have several of those around town. In 11 fact, we may be going back and retrofitting a lot of our 12 detention ponds. and putting in a extended detention 13 component astpart of our water quality when we reach in 14 100,000. 15 MS BELL: And this Nelson Pond, is that a . 16 recreation? 17 MR. SCHLUETER: It's an open space similar to 18 this one for the residents around there. 19 MS. BELL: So it's used in a recreational 20 fashion? 21 MR. SCHLUETER: Right. And it's all dry land 22 grass, and it's mowed only four times a year, I think four 23 or five times a year. 24 MS. BELL: Could you address this issue of 25 how much water you're thinking to have. oteil 1 filtration, the water cannot get out of there unless it's 2 pumped, so that way they can control the amount of water in 3 there, and at the same time, have a good viable source of 4 water to support the wetland. 5 M5. BELL: So the answer is, yes? There will 6 always .be some amount of water in there because there has to 7 be in order for there to be a wetland, and for it to 8 function properly. But because there will be a pump there, 9 it will keep it at an adequate depth, so that it shouldn't 10 be dangerous. 11 MR. SCHLUETER: That's correct. 12 MS. BELL: And what would that adequate depth 13 be, that it will be at most of the time? I guess it would 14 -- what you're saying then is it would be at this depth at 15 all times except when we have a storm event, at which point 16 it would be more than that. 17 MR. SCHLUETER: I guess I would have to defer 18 that to Roger, what he's expecting to keep for a depth. 19 Most of our ponds, they fluctuate so much, that I don't know 20 what he's planning to do here. 21 MS. BELL: Of course, that's what's unique 22 about this compared to what we talk about. in other parts of 23 the city is that there really is this groundwater thing, 24 and it isn't -- they're trying to make a wetland out of it 25 like over in Oakridge where we got kind of a similar 100 1 on for the next couple of minutes is this issue of the 2 groundwater. It's been a little unclear all evening, and 3 it's really what the neighborhood brings up quite a bit is 4 this issue. Is there really going to be because the ground 5 water is quite high, and that's a point of record, I guess. 6 In the digging of this, and even after that, 7 i's it logical to believe that there's pretty much always 8 going to be water at least in a portion of this, which would 9 make the bottom portion, that 16 foot portion, at least, 10 pretty much kind of muddy, like I think Mary -- I forget .11 which person was talking about that kind of sloping down in 12 there and would it always be kind of boggy in there? 13 MR. SCHLUETER: Okay. Actually on the four 14 to one. slope, that's why we have a four to one slope because 15 you can walk on it, you can mow it with a big tractor. You 16 don't have to worry about tipping it over, that sort of 17 thing. So as far as slipping down into this thing, it's 18 like walking anywhere on the slope. 19 There is the lower part. The pond is 20 intended to be wet to support the wetland habitat and the 21 plants in there. The water -- the groundwater source to 22 feed that is not coming from the bedrock. It's coming from 23 the D-watering system on the site. So it is groundwater 24 surface water on the site that will feed that part of the 25 pond. And without the bottom being opened to the m 1 comes the likelihood that something could happen that would 2 pollute the water. And the only instrument that's available 3 to mitigate that, is the pond and it's natural filtration. 4 There's no other, you know, some kind of pollution measuring 5 devices that, you know, water quality measuring -- my guess 6 is that there are devices like that, but that would be very 7 expensive. Does the ditch company go out and monitor water 8 quality on periodic basis, or is that something they haven't 9 been doing? 10 MR. SCHLUETER: To my knowledge they have not 11 been doing that. What -- Edwin Dell did tell me he has had 12 problems upstream of this site of people dumping oil into it. 13 and all their trash and that kind of stuff. And every 14 spring he has to clean it all up. So it's already occurring u 15 in this area. If we can get one more stretch that the 16 people are more vigilant in taking care of it, maybe they 17 can help clean it up for him. 18 MR. BYRNE: Okay. Thanks. 19 MS. BELL: I want to ask a couple more 20 questions or just make sure I.understand. So let's assume 21 that everything is working right, but after X-number of 22 houses get in there and Homeowners Association is rolling 23 along, if the pump breaks, they will be fixing it? 24 MR. SCHLUETER: That's correct. 25 MS. BELL: Now, what I really want to focus 98 1 The question I would have is, what about an event that 2 occurred, say on this development, that. could cause you know, 3 the kinds of pollution that could result in anthropogenic 4 effects on the water that Mr. Stetson's using. 5 MR. SCHLUETER: Well actually, I need a 6 dictionary to see what that word was.- 7 MR. BYRNE: Well, I think the point there is 8 it's just, you know, something that's unhealthy. 9 MR. SCHLUETER: Actually, the probability of 10 having it here isn't any greater than anywhere else. And 11' actually in this situation, you have got a way to go to trap 12 any kind of spill because it goes into a retention pond. 13 You'd have to turn the pump on to pump it out. So, you 14 know, to me it seems to look like a better situation. We're 15 trying get regulations like for gas stations, so if they 16 spill or something like that, they can go to one place and 17 put something to block it off like sandbags or something 18 like that. We're not quite to that point yet, and that 19 should be coming out this year. In this case I think, you 20 know, it's the on -site, the education part of it is a lot. 21 That's going to be part of our program as well. Education 22 sometimes is put down like it's not a big part of it, but it 23 really is. 24 MR. BYRNE: I guess the concern that I 25 certainly can understand, is that. with more intense use, 97 1 project. He has some concerns. The main one he had was in 2 the wintertime. What if we get a lot of icing in this 3 ditch, and at this point, it's being discussed but there, 4 you know, we don't get a.lot of runoff in the winter. It's 5 pretty much frozen until we get about late February and this 6 time of March is when we start thawing again. And then he 7 can run it down the ditch. It's not going to refreeze in 8 this ditch. 9 MR. CHAPMAN: I was out there on the site 10 yesterday, and the ditch appeared to be maybe a third full, it and I'm wondering do they maintain water in the ditch 12 through the winter, or is that just seepage? 13 MR. SCHLUETER: That's probably water from 14 other developments upstream, and the county, and the 15 property itself, just the snow melt. 16 MR. CHAPMAN: Well, so there already is water 17 in there in the winter, that's not something new? 18 MR. SCHLUETER: No, that's not new. 19 MR. CHAPMAN: That answers my questions. 20 MR. BYRNE: Just the question on water 21 quality. I think the term that Mr. Stinson used was an 22 anthropogenic which is stuff that's bad for people and 23 animals. And the point that I think you made earlier was 24 that using the retention pond and its natural filtration 25 will result on average better water quality than without it. F� 1 brought up a suggestion a little bit earlier about 2 eliminating two buildings to allow the wetlands to exist and 3 still keep the retention.pond. Is this a workable solution? 4 MR. SCHLUETER: I wouldn't recommend it. I 5 really like the idea that we are capturing that water from 6 CSU and treating it. 7 MR. GAVALDON: But wouldn't the wetlands help 8 treat it and get it to the pond, then it would be pumped to 9 the canal? 10 MR. SCHLUETER: I believe the extended 11 detention in the bottom with that wetland is a lot better 12 treatment than just running it.through an.open field.that 13 basically has some wet -- some of those little spots where 14 it holds water, and that's what it has been doing. 15 MR. GAVALDON: Okay. Thank you. 16 MS. BELL: Alex? 17 MR. CHAPMAN: Couple of more points of 18 clarification with respect to Dennis Stinson's videotape. I 19 think he made the statement, and I wasn't real clear that I 20 heard it, so correct me if I heard it wrong, that the ditch 21 company does not want the water. And the question is then, 22 is there an agreement with the ditch company that says it's 23 okay to pump this water into the ditch? 24 MR. SCHLUETER: The indications I have from 25 talking with Edwin Dow is that he is in favor with this 95 1 the Corps of Engineers' measurement is accurate. They're 2 real sticklers for detail. 3 MR. GAVALDON: And so to Glen, is there -- 4 has Natural Resource looked at that and given their inputs 5 on it? 6 MR. SCHLUETER: Yes, they have. Rob 7 Wilkinson is also a wetland delineation expert. And .he's 8 been certified to do those kind of things. I guess whatever 9 their organization is. And I'm surprised a lot of times 10 when I go look at wetlands and they come back and tell me 11 what's the size of it because it always looks bigger to me. 12. But they go on three parameters: The groundwater, the 13 hydrology, the soils and the plant life. And that's how 14 they determine it. And that's why you have to be certified 15 to do those things. 16 MR. GAVALDON: Okay. Another question is to. 17 -- if you can help me on this. The probability of the 18 system working, your estimation -- what is the percentage of 19 your confidence that this will work? The retention pond. 20 MR. SCHLUETER: I'm confident it will work, 21 otherwise I wouldn't be recommending approval for this. 22 MR. GAVALDON: So it must be pretty high 23 confidence? 24 MR. SCHLUETER: Yes. 25 MR. GAVALDON: Okay. Let's see. Alex a! 1 MR. GAVALDON: Glen or Bob, maybe I can get 2 your help on this,. but I would like to get back to this 3 wetlands difference. It seems that there's a significant 4 difference between 8,000 and 20,000 that the resident here 5 said that he's calculated, and the developer has gotten data 6 from the Army Corps of Engineers. And I'm just trying to 7 settle a discrepancy. I would like to ask the developer, do 8 you have that document available for the City? 9 MR. VEIO: Yes. 10 MR. GAVALDON: Would you be able to provide 11 that to them as our record? 12 MR. VEIO: That document is from the Corps of 13 Engineers, and it's in the preliminary plat submittal. 14 MR. GAVALDON: So we have it? 15 MR. VEIO: You have it in the City offices 16 now. 17 MR. GAVALDON: Okay. And the resident has 18 claimed that he did not see the Corps measuring, and I'm 19 just wondering how did we come up with such a discrepancy? 20 MR. VEIO: Well, probably the reason that 21 Mr. Hackney didn't see the Corps measuring is because he 22 didn't own the property at that point in time. He just 23 bought the property recently, and that was after the 24 property had been through preliminary approval and the Corps 25 of Engineers went out prior to his ownership, and I'm sure 93 1 MR. SCHLUETER: That's correct. 2 MR.. BYRNE: And at that point, the efficacy 3 of this whole system has to be demonstrated to be working 4 properly? 5 MR. SCHLUETER: Yeah. We actually require a 6 certification from their engineer which amounts to them 7 going out into the field, surveying it, checking pipes, 8 inlet -sizes, the pond volume. In this case, we are going to 9 be looking, does this really work? 10 MR. BYRNE: And what about if it doesn't 11 work? 12 MR. SCHLUETER: At that time he needs to come ;< 13. up with the fix for it, and there's a number of ways you can 14 fix different -- of these issues, so I think it's entirely 15 possible to do it. 16 MR. DUVAL: The way that gets enforced is 17 that in the development agreement that, at the point, they 18 don't get the certification or they don't provide the 19 certification, then they probably won't get any more building 20 permits. Maybe even COs for those buildings that exist 21 there. So it depends on how we draft the agreement, but 22 usually that's the leverage that used to get the 23 improvements made because they won't be able to go forward 24 with the development. 25 MR. BYRNE: Okay. Thank you. 92 1 wanted to, but we do analyze the parts that they have 2 claimed. 3 In terms of the recreational points, the 4 important thing to understand, and I don't know if I would 5 want to hazard to guess, is that as I was explaining 6 earlier, those points are claimed not just for the detention 7 or the retention area that there's other areas on this site 8 that make up the totality of what they claim and what was 9 finally awarded as eight percentage points. 10 And so to answer the question accurately, we 11 would have to rerun the calculation without any of the 12 detention area to see if they lost three points. The area 13 that I asked them to take out of the total calculation. 14 amounted to that area of created wetlands. If you look on 15 the site plan, as well as the associated side slopes and 16 that cost them two points out of the total of .ten. 17 So. if you assume that there's an accurate -- is or a relative measurement, it might drop them to somewhere 19 around 100 points, whether it would drop them below or not, 20 it's probably not fair to speculate, because we can run that 21 on the CAD system at the applicant's consultant's office and 22 get an accurate measurement of that. 23 MR. BYRNE: And then, Glen, just so it's 24 clear to me, at 25 percent of build -out, all the storm water 25 facilities have to be in place; is that correct? 91 1 pond and just let it run into the ditch the way it does now. 2 Has a developer thought about that? 3 MR. SCHLUETER: You have to ask him. 4 Actually, it's a lot more of a benefit to the City 5 downstream residents that it does go into this pond because 6 if it doesn't that ditch -- it spills places now, and it 7 would continue onto the east, too., So for ground control 8 it's definitely an advantage. 9 MR. CHAPMAN: That's all I have got right 10 now. 11 MR. BYRNE: Bob just -- I would ask for a 12 comment from you on the density chart. It seems like 13 clearly what the neighbors are hinting at is if, if this 14 parkarea is not included in the density chart then there's 15 insufficient points to approve the project. And Mr. Ward 16 mentioned that there were other places on the chart that the 17 developer could practically have taken some points, but 18 chose not to, either because they weren't aware or they felt 19 they had enough, and they stopped. What is you're sense of 20 that? 21 MR. BLANCHARD: Our process is that when we 22 get a submittal in, usually the applicant has filled out a 23 point chart of some kind, and thenwe analyze the points 24 that they have claimed. We do not go through an exercise 25 and point out areas that they could have claimed if they ef�. 1 he was making reference to the quality of water that comes 2 from the CSU Equine Center and depicting bacterial problems 3 and so forth in the detention/retention pond? Glen can you 4 speak to that issue? 5 MR. SCHLUETER: Actually, right now the water 6 comes across Overland Trail. does get somewhat filtered 7 through this wetland that is formed over the last probably 8 10 years, and then that would continue into the ditch right 9 now. So I imagine they're getting quite a bit of nasty 10 stuff from CSU already into the ditch that their using. And 11 that this now would go into the detention pond where it has 12 a lot greater chance of either dropping out or being taken 13 up by the wetland materials in terms of the actual wetland 14 part of the pond, so you know,.it seems like it's going to 15 be better. 16 MR. CHAPMAN: So however polluted.or nasty it 17 is now, it will be less nasty after going through this 18 designed wetland process? 19 MR. SCHLUETER: That's my belief. 20 MR. CHAPMAN: Okay. I guess another thing 21 occurs to me, if that continues to be a problem, looking at 22 the plat of the layout of the buildings, the two buildings 23' on the far north could be eliminated, and just leave that 24 wetlands where it is, and let it do whatever it does and 25 avoid taking that equine water into this retention/detention 89 1 and liability for anything that occurs on that property. I 2 think some comments were made that the City is going to have 3 liability and is going to have to deal with that in the 4 future. My opinion based on the thing called the Colorado 5 Governmental Immunity Act, the City of Fort Collins, I think 6 would have no liability for the kinds of things that might 7 occur on that property simply because we approve the 8 development. We're not going to have' liability for that in 9 terms of torte liability because of governmental immunity, 10 but -- and that the liability, as Bob has said, would be on 11 the Homeowners Association. 12 MS. BELL: And so this is really a private 13 detention pond park. And so that's why there's not access 14 to it from any other way than through Scenic Views itself? 15 MR. BLANCHARD: It's not publicly dedicated 16 for access or for recreational purposes. It's designed to 17 be a facility for the residents of this community. 1g MS. BELL: That's -- that's a kind of 19 standard thing. There's a lot of examples of that?- 20 MR. BLANCHARD: I think there's a lot of 21 examples of that for detention pond and for private parks as 22 well. 23 MS. BELL: I'd like other Board members to 24 pick up -- I'm sure I haven't hit everything. Go.ahead. 25 MR. CHAPMAN: In Dennis Stinson's videotape, 88 1 MR. BLANCHARD: I'll start. Homeowners are 2 required in the guidance system as a way to guarantee 3 maintenance of those portions of a project that require 4. maintenance. And so in terms of liability maybe John would 5 be able to help, but I know .from my previous experience with 6 Homeowners Associations is that we had insurance policies 7 for liability purposes, and my assumptions is that the 8 liability issue has to be dealt with, with the Homeowners 9 Association because they're the entity that's responsible for 10 the overall maintenance and guaranteeing that the project 11 continues to implement the way it's designed. The developer 12 sells the product, and once he sold the entire product, he's 13 no longer involved in it. That's typically the case unless 14 special arrangements are made. So unless John contradicts 15 it, I think you have to assume that the Homeowners 16 Association is the entity that -holds the responsibility for . 17 what occurs on the property that they're responsible for. 18 MR. DUVAL: Yeah. I would agree with that. 19 It's my understanding this project -- that the area that's 20 going to be used as the detention storm drainage area is 21 going to be owned by the Homeowners Association not by the 22 City of Fort Collins; is that true, Glen? 23 MR. SCHLUETER: That's true. 24 MR. DUVAL: That being the case, it's the 25 Homeowners Association will ultimately have responsibility 87 1 MR. BLANCHARD: And I checked the file, and 2 there's comment sheets from them, and the only indication on 3 their comment sheet is that the wetlands need to be 4 mitigated and replaced within the detention pond. So 5 without looking back at the preliminary file, which I did 6 not bring with me, without doing that, my assumption would 7 have to be that Natural Resources, and knowing their 8 tendency towards protection of wetlands in the city, that 9 they were satisfied with the measurements and with the 10 mitigation that has been proposed. 11 MS. BELL: Okay. About this definition of 12 dry, could you give us a definition of dry? 13 MR. SCHLUETER: My definition of dry is the 14 same as any laymen. It's not =- you can walk on it. You 15 can play on it. You can use it. 16 MS. BELL: So it was talked about here 17 tonight? Something about significant -- no significant 18 pools of water, things like that? 19 MR. SCHLUETER: Correct. 20 MS. BELL: I think I had -- I don't know who 21 should answer this. This Homeowners Association question 22 about who is going to actually be the watchdog on this, and 23 whose going to pay for it, and whose going to be liable and 24 things like that. Who wants to go ahead and tackle that 25 question? W 1 We haven't heard much discussion of that because what I 2 heard was a little contradictory and I'm, by no means, even 3 close to very knowledgeable on this. But you do need 4 certain kinds of plant materials to be a filtration system. 5 And the bluegrass or the kinds of grasses that will be more 6 kind to the human body,, will those. be adequate? Could you 7 just elaborate on that a little bit more? What will 8 actually be -- plant product be in this wetlands to ,make it 9 effective? 10 MR. SCHLUETER: Actually I haven't had a 11 whole lot of discussion. Tonight's the most I've heard, -but 12 from what I'm understanding from our water quality person on 13 staff, is that it's the contact with the soil that is the 14 biggest -- takes out the most pollutants. And the grasses 15 themselves just slow it down as it goes through it. and 16 allows porosity into. the soil. And if Roger can add to 17 that, maybe you can ask him later. 18 MS. BELL: Okay. And I just want to clarify, 19 Glen, that to your knowledge the Corps of Army -- you know, 20 the engineers did go on to site and we do have an accurate. 21 measurement of this wetland that's being replaced? 22 MR. SCHLUETER: Actually it was then ,Natural 23 Resource Department that reviews that portion of it, and we 24 take their results. So I believe it has been reviewed by 25 Natural Resources several times. 85 1 start digging a hole, if they have any of these, they're 2 going to have to deal with it. 3 Actually, at 25 percent build -out of the 4 subdivision,he's required to have all the storm drainage 5 facilities in, so we will know way up front if he has to do 6 any fixes to his original design. 7 MS. BELL: So you're saying we don't really 8 know whether the pond in question might be affected, but if 9 it is,he'd have to fix it? . 10 MR. SCHLUETER: Right. We've used slurry 11 walls. It never encircled something like this before. 12 We've used slurry walls for cutoffs. We've used PVC linings.. 13 for ditches, clay linings for ditches. We have done' underdrains..; 14 to dewater some of our detention ponds because a lot of our 15 ponds are down into the groundwater, and so we have to dewater>,!_. 16 them. But we usually try to do it with gravity instead of a 17 pump. So I think it's entirely possible. It's just a matter 18 of making sure it gets built right. 19 MS. BELL: But will this pump be loud? I was 20 just wondering as I was sitting here trying to imagine if 21 pumping out quite a_ bit of water? 22 MR. SCHLUETER: Electric pumps aren't very 23 loud usually, no. 24 MS. BELL: Is that -- really? Okay. About 25 the plant products created -- that will be in the wetlands? 84 1 sort of a drainage facility? 2 MR. BLANCHARD: I believe it was a detention 3 area at preliminary. And as is allowed under a guidance 4 system, they claimed appropriate points for that at that 5 time. 6 MS. BELL: So we don't really know where this 7 concept of a neighborhood park has come to into focus? 8 MR. BLANCHARD: Well, when I first went to 9 the neighborhood meeting, there was a conceptual plan as 10 neighborhood meetings sometimes are, that included area that 11 is much larger than what is under consideration right now. 12 There was property to the north, there was 13 property to the east that. Mr. Veio had hoped to.develop, and 14 in that,.I seem to recall in the. neighborhood. meeting 15 drawing there,was. a park area shown But you know, that was 16 not part of the original -.submittal. 17 MS. BELL: Okay. Back to Glen. A crucial 18 question seems to be, will the detention pond dry up the 19 water resources on the Happy Heart Farm or even downstream, 20 further? 21 MR. SCHLUETER: Actually, the way they are 22 isolating the pond, you know, groundwater is kind of a 23 science, but yet it depends on -- like they're talking about 24 fractures in the subsurface and things like that.. It 25 depends on a lot of factors. And when they get in there and 83 1 final has to be in substantial compliance with the 2 preliminary. So you look at that aspect of it. But to go 3 back and say that this whole process is flawed because the 4 preliminary PUD may have had some procedural defect in it. 5 I'm.not saying it did, but even if you claim that, or 6 decided that, I think we are beyond that point. 7 MS. BELL: Thank you. Bob, it's been stated 8 that on the original approval there was a designated 9 neighborhood park. Could you clarify that information? 10 MR. BLANCHARD: To the best of any knowledge, 11 there was no designated neighborhood park. The park that 12 most people are talking about is the area that was shown to 13 be awarded points for recreation according to the guidance 14 system. And the other important thing to understand that 15 those points were not just awarded for the detention or 16 retention area. 17 If you look on your large blueprint site. 18 plans, they calculated, you know, they've taken advantage of 19 everything that meets the strict definition of the guidance 20 system. And the open space and the recreation area winds 21 throughout the entire development. It's not just a 22 detention area. 23 MS. BELL: But on the original approval then 24 at the preliminary, you're saying that this area was not 25 designated as a neighborhood park? It's always been some 82 1 his half of Orchard. And so that's the flaw he's talking 2 about. 3 MS. BELL: What I would like to know is, the 4 implication in the discussion on the videotape, was that 5 somehow flawed the process, and that it's typical that we 6 are supposed to have those things in place before the 7 granting of a preliminary. 8 MR. SCHLUETER: The last couple of years we 9 have requested those, but I'm not -- you might ask John if 10 there's any legal ramifications. 11 MR. DUVAL: Yeah. I think on that, what 12 you've had occur is that a preliminary was approved. The 13 appeal period, the 10 day or 14 day appeal period to the 14 City Council passed. The time period in which to file any 15 kind of judicial review or seek judicial review of the 16 decision on the approval of the preliminary was a 30-day 17 period from the date of approval. 18 So really the preliminary decision is a final 19 decision, in other words nobody appealed it. To challenge 20 it based on that particular flaw, if needed it was a flaw, 21 and that having occurred then there really is no -- at this 22 point, grounds to say that the preliminary was invalid in any 23 way or defective in any way. but now your here at the final 24 -- for approval of the final PUD. 25 The LDGS says that the preliminary -- or the 81 1 you need a brief break before undertaking this, or -- I 2 certainly do. I'd like to take no more than five minutes . 3 because of the hour getting late, but I do need to stretch 4 and use the restroom. Thank you. 5 (A brief recess was taken.) 6 MS. BELL: Welcome back. We're discussing 7 the Scenic View's Final PUD, and at this point we have heard 8 from the applicant and from the residents in the area. And 9 we will be bringing it back to the Board at this point for 10 discussion. And I would like to begin with a few questions, 11 and I hope that they'll encompass a few of the problems that 12 we've heard about tonight. 13 First on the storm drainage easements being 14 in place at the time of preliminary. Glen, could you 15 address that, please? 16 MR. SCHLUETER: Sure. The original -- at the 17 preliminary stage we asked for letters of intent. Actually 18 it's not argued by a lot of developers whether we even have 19 the right to do that. Mr. Veio did comply and did give 20 letters of intent. The one area that Mr. Stinson is talking 21 about is actually Mr. Stinson's land, that there was 22 supposedly -- Orchard right-of-way already dedicated. 23 During the preliminary review and between. 24 preliminary final, it was discovered by the engineering 25 department that the Orchard right-of-way is not dedicated on 80 1 downstream. We have that right. But to exercise that right 2 we have to follow condemnation proceeding against 3 Mr. Stinson. We have both the other properties and the 4 natural drainage under contract, so we don't have to present 5 easements for those properties. 6 Mr. Stinson has been adamant against this 7 project from day one. He doesn't want to see a development, 8 that's his right. 9 MS. BELL: Could you finish up, please. 10 MR. VEIO: Yep. So we've tried to negotiate 11 with him. 12 MS. BELL: 'Cause I kind of suspect that the 13 Board will ask many of the questions you're attempting to 14 rebuttal to. 15 MR. VEIO: Well, I would like to be able to 16 address your questions specifically about the negotiations. 17 I would be happy to mention everything that I said, and we have 18 the residents here that can verify what was said, as well any 19 other questions I would be happy to answer as well. Thank 20 you. 21 MR. BELL: Well, Mr. Duval, do you think that 22 that can conclude our public portion of the evening? 23 MR. DUVAL: I think so. 24 MS. BELL: Okay. So we are going to bring 25 the discussion back to the Board at this point. Do any of 79 1 that it is too small. You don't have to do anything 2 Federally or State with this land, and it was the City's 3 Natural Resource Department that requested that we move the 4 wetlands area to the retention pond, or asked us if we would 5 and our development plan and we agreed to do that. So 6 there's really not an issue there. 7 It was done by an independent party and 8 certainly the Corps knows what they're doing. You know, the 9 reason we have a retention pond in this design is because we 10 were not able to negotiate an easement, a downstream 11 easement with Mr. Stinson and only Mr. Stinson. As you saw 12 in his tape, he has a lot of things he's objecting to. We 13 'have tried to discuss all of those issues in an intelligent 14 and objective fashion with him since -January of 1996 when we 15 first purchased this piece of ground. 16 We also were intent at'purchasing the 17 property to the east, and that's how we got in the 18 negotiations with Mr. Stinson and the adjacent landowners. 19 I don't want to go through all the bickering back and forth, 20 and the offers and the rejections and all that, but believe 21 me, we have done everything that we feel is reasonable, more 22 than fair, and willing to compensate for more than market 23 value of that land. 24 By Colorado law, we have the right to use 25 that drainage easement and drain the water from this site 78 1 So it's not something that's, based 2 necessarily on sketchy information. We did provide a copy 3 of the most recent letter from Earth Engineering consultants 4 which.outlined the effectiveness and recommended the 5 possibility of going either with a slurry wall or some other 6 method to cut off the groundwater flow to the site. 7 And again that's not anything that's an 8 unknown or new technology. It's a little bit unusual in a 9 case like this for a detention pond or a drainage situation. 10 MS. BELL: Let us know that that's the end of it the rebuttal period. 12 MR. VEIO: Could I kind of wrap up some of the 13 comments? 14 MS. BELL: Can you do so in one minute? 15 MR. VEIO: I'll try. 'There were a lot of 16 statements made about the negotiations.with the 17 neighborhood, and I think we owe it to the P&Z Board 18 members to explain those negotiations. Some other points 19 that the residents made that I think need to be cleared up. 20 The Corps of Engineers are the ones that documented the 21 wetlands area. 22 We called them way before preliminary and 23 asked them to go out and to look at the wetlands, measure 24 it, and determine whether it needs a permit. They went out 25 and they measured it at 8,000 square feet, and they said WA 1 percent, which would be based on the rainfall numbers. A 2 couple of other things, I just wanted to clarify. On the 3 water quality, to characterize storm water as a hazardous 4 waste, I think is an extreme position. Granted that any 5 kind of urban development does create a potential for some 6 hazardous substances at some point or something, but the 7 runoff from this site wouldn't be any different than storm 8 water runoff from any other part of the city. 9 So in that respect, it's really not 10 different. And a lot of the best management practices both 11 for the construction phase and as permanent installations 12 and things, they have been researched by the EPA, been in 13 use for a number of years in the Denver area, and to some 14 extent in.Fort Collins also. So they're really not a new 15 technology or anything. Let's see.-- 16 MS. BELL: Does that pretty much conclude the 17 rebuttal? 18 MR. MEADEN:' One other thing -- few other 19 things i wanted to clarify with respect to the groundwater 20 conditions and things. There have been a number of studies, 21 and I know one gentleman mentioned that there were only two 22 test borings, and there have been, I don't know the exact 23 number of borings, but there have been about either three or 24 four studies that have been done out there with numerous 25 borings. 76 1 down. And that's an assumption that's made. 2 It could be made a little bit longer,.a 3 little bit shorter depending on what works best for the 4 ditch company or within their constraints and basically 5 coming down the last column here as we're taking our 6 percentage here for each.of these storm events for a year 7 and converting to a number of hours. 8 And on an average year basis, this would be 9. the number of hours here that you would have average water 10_ spilling above the water quality value volume here. So we 11 got 217.7 there which comes out to about 9 days there. And 12 we've got basically the same scenario repeated here. The 13 top column here is with the site only, and the bottom column 14 here, or the bottom table is including the site and runoff 15 from the area to the west from CSU. 16 And this number here is substantially higher 17 just because you have the.extra runoff volume coming in, and 18 that's going to tend to fill up the water quality volume and 19 start spreading out much more frequently. So if you're 20 looking at number of days for the site only, it would be 21 about 9.1 days and for the site and CSU and everything that 22 would be coming in from upstream, it would be about 48.5 23 days here and that's more -- closer to around 15 percent or 24 so. 25 So it's substantially less than the 71 75 1 foot depth where it's starting to spread out into the main 2 portion of the pond. 3 And when you get into a larger -- larger 4 storm then you are hitting that 40 hour period here. So 5 that's when it's starting to spread out to the main portion 6 of the pond. So we have got a time here to draw down based 7 on the low -- on the low rate pump which pumps out the. water 8 quality volume. 9 And then the area that starts spreading out 10 into the main portion of the pond, is kind of represented in 11 this -- in this column here if you take that volume divided 12 by the 500 gallon a minute pumping range, then you get the 13 number of hours that would take to draw that down. And for 14 like a two-year storm, for example, it's about 14 hours.in 15 pumping time. 16 When you get down to 100-year storm, then 17 it's about 72 hours so we are saying it's going to take: 18 about 3. days to pump that volume down. 19 MS. BELL: You have about 5 minutes, just -to 20 let you know. 21 MR. MEADEN: Okay. This column over here -- 22 we're basically taking this time that it takes to draw down 23 and adding 24 hours to it. We don't want to pump into the 24 ditch when there happens to be a big storm coming.through 25 there so, we are waiting 24 hours before we start drawing it. 74 1 basically has -- we did an analysis based on the number of 2 storms per year, that's based on the rainfall distribution 3 and things, and that part kind of correlates to the 70 4 percent, or the 71 percent for the rainfall. And we have an 5 average number of storms per year. 6 We've got a runoff volume, per year that's 7 based on a rational C co -efficient which is kind of a -- 8 it's kind of a hydrologic parameter and converts it to 9 runoff volume from rainfall and everything that's kind of in 10 accordance with the City criteria. So we have a runoff 11 volume that's associated with each one of those storms and 12 our pond depth. 13 In this column, here is in inches and that 14 basically shows the depth which would be above.the water 15 quality volume. And depth below the water quality volume 16 would have water in it more often and for longer periods of 17 time. But it would not be what I would call like the 18 recreational portion of the pond which would.be on the 19 fringes or the fringe areas of it. 20 And then we've got the draw down time to draw 21 that water quality volume down is in this column here, so 22 when you get into a real small rainfall say .01 to .1 23 inches. It only takes about 10.1 hours to draw that volume 24 down. So that's basically saying that when you get a 25 rainfall that small you're not even getting up to that three 73 1 quality ponds and things for about four or five years now. 2 It's kind of evolved based on experimental studies and 3 studies they have done. And we've got a water quality 4 volume that basically covers a depth of two to three feet. 5 That would be below the main portion of the 6 pond. And that's designed to empty in a period of about 40 7 hours to provide what they have found to be an optimum or an 8 optimal drain time for the water quality purposes to get out 9 sediment and other parameters to the extent practical and 10 things. And the area above that volume would be flooded 11 much less often. 12 Normally, the water quality volume would be 13 designed to drain or to discharge in a period of 40 hours. 14 So you have a gravel filter and a perforated pipe that will 15 go around it and that will normally drain out relatively 16 slow by gravity to a normal storm sewer outlet or channel or 17 something downstream. In our case since we don't have a 18 gravity outlet, we have a pump there. 19 That's basically going to pump that volume 20 out at a rate of 70 gallons a minute which will empty that 21 volume out in a 40 hour time. When you get to a larger =- a 22 larger duration storm, then you're going to start filling up 23 that low level volume, and you'll be going up and filling up 24 a little bit above that. 25 And if you look at this, this chart here 72 1 direct your comments towards, you know, how much uncertainty 2 is there. We know from recent history that sometimes we try 3 to do some of these storm water things, and they don't 4 always work out quite the way we had planned. So there's 5 sort of a departure from practicality and -- what's 6 theoretically possible and practically possible.. 7 MR. VEIO: Okay. 8 MR. MEADEN: Yes. My name is Roger Meaden. 9 I'm with JR Engineering. I was involved a lot in the design 10 on the drainage system and the retention pond for the site. 11 I did want to clarify a few things with regard to the 71 12 percent number and things. There!s a.couple of distinct 13 issues that we need to think about when we are talking about 14 the storms. 15 The 71 percent -- do we have, that slide here? 16 We have this one also that would be kind of -- the 71 17 percent here is basically based on percipitation events or 18 rainfall events which isn't necessarily the amount the time 19 -- what I'll. call the recreational portion of the pond would 20 be wet. In the pond, we are going to have a, water quality 21 volume which would be at a depth of three feet, the way it's 22 currently designed. 23 That's designed in accordance with urban 24 drainage. The urban drainage and flood control district 25 criteria down in Denver has used this procedure for water 71 1 straight site planning things beyond -- the things that are 2 related to the detention pond, I think that our 3 interpretation, staff's interpretation has been that the 4 preliminary is, in fact, in substantial conformance. 5 The final is in conformance with.the 6 preliminary. The only modifications in the design that were 7 made, were made as a result of the Planning and zoning 8 Board's direction for the condition of approval for changing 9 the circulation between the housing types. So as far as 10 LDGS and the point chart is concerned, I think that this 11 project is in pretty solid shape. 12 If we want to go through some of that in more 13 detail, we can. Otherwise, I'll let Bill get into some of 14 the technical discussion of the detention pond. 15 MS. BELL: Looks like there's about 10 more 16 minutes. 17 MR. VEIO: I think what I like to do is to 18 have our hydrologist, who couldn't be with us in Denver 19 because it snowed like crazy that night, have him address 20 some of these technical issues on how much water is going to 21 be there, and the design of the pond, and how it works and 22 so on. 23 MR. BYRNE: I think just for my education, 24 you know, one of the things that keeps on coming up is the 25 certainty with which this can be done. If you could sort of 70 1 calculations and additional administration. There were 2 additional points that could have been taken for providing 3 neighborhood facilities beyond the required amount for 4 providing handicapped accessible units which are part of 5 the plan, but were not taken points for. 6 So if there is a technical issue on points, 7 even if we decide that the open space recreational points, 8 the way they've been granted over the years, were suddenly 9 not going to do that anymore tonight, then we shouldn't just 10 dismiss this project out of hand on the basis of the density 11 chart because there are a number of other points that could 12 be claimed by this. project, if. the applicant had been aware 13 that the typical interpretations might not ever•be in 14 effect anymore. 15 So I think just on the basis of meeting the 16 points, there are 150 to 175 points that would be possible. 17 If all ofthe possible categories had been utilized to their 18 utmost, based on the intended project, so -- and we don't 19 want to get into all that in detail. 20 I just want to be sure that it's known that 21 it's -- there are other ways that points could be taken on 22 this project that we didn't complicate the application with 23 because we were comfortable that given the way the point 24 chart has been interpreted over the years, there were 25 adequate points here. The other factors as far as the 69 1 And I'm not a scientist,; I don't know all of 2 this stuff that we have talked about all the statistics, but 3 I can logically figure out, that any area that starts with 4 water in it, that starts out wet, when you start digging 5 down, you're going to get it wetter not drier, no matter 6 what you do. And I would like to recommend that we deny on 7 those basis. Let me turn these in for you. 8 MS. BELL: Thank you. Are there any other 9 folks who wish to approach the Board and discuss this matter 10 tonight? Okay. I'm going to close the public input portion 11 and bring it back to the applicant for his turn to do a 12 rebuttal. John, what do you think is an appropriate amount: 13 of time based upon the information that we heard? 14 MR. DUVAL: I would say 15 minutes. 15 MR. WARD: Okay. I think most of the points 16 Bill will go over in detail. I can address questions on the 17 point chart. One thing that should be remembered is -- the 18 applicant went through the point chart, filled it out on the 19 basis that other projects have been given points under the 20 LDGS. 21 There are many detention ponds, the private 22 park out at Oakridge, the recreation area at Village East 23 are two of the more visible ones around town. 24 But not all of the possible points. on the 25 point chart were taken because they involved elaborate a 68 1 were, to be discussing a single-family project that would 2 allow him to affordably create a park at the end of Orchard 3 where he would make a cul-de-sac and a neighborhood area that we 4 could all enjoy. Put in a park, a real park, a real 5 pavilion and picnic tables that wouldn't be under water all 6 the time. 7 This actually was, in my opinion, since he 8 never did try to contact us during the week and waited until 9 just before this final to contact us, shows how willing Mr. 10 Veio was, willing to negotiate with us in the first place for 11 a much more permanent, safer, attractive solution for this 12 retention pond-. 13 I don't feel we ever even negotiated the 14 retention pond. I'm kind of the opinion tonight it was 15 never up for a compromise in the -first place. This. 16 multifamily unit in the retention pond has never been an 17 issue in the compromise. We were always working towards the 18 park with the single family unit in a way to -- he puts it, 19 the,bottom line is money, whether I can make it or not. 20 And that's nothing we've ever discussed. I 21 will go ahead and submit these. I think I made all of my 22 points that I was going to. I would like to just reiterate 23 that this retention pond, no matter how it has been 24 presented, will be placed in an area where there's already 25 existing water. 67 1 said, but I think you've heard 'it all many times. 2 What my husband and my mom and I have done, 3 we went through the neighborhood on Saturday to try and 4 catch as many folks as we could home. We managed to get 5 surveys from 18 members of the neighborhood that kind of 6 addressed this situation. I'd like to submit those when I'm 7 done here. 8 What -- the point that I wanted to address 9 mostly was the fact that the landowners and the neighborhood 10 have been trying to negotiate with Mr. Veio for well over a 11 year. And he has never come down on the density or changed 12 the project plan in any way to suit the neighborhood when 13 the lower density in one area over my grandmother's land and 14 changed it in the plot plan, or run the storm water 15 easements to improve the future neighborhood was drawn up 16 and discussed. 17 Mr. Veio's response was -- this was last 18 Wednesday. "I.will let you know by Friday March 7th, 19 Saturday the 8th at the latest." And when we wrote this up, 20 he never left a message or tried to contact any of us. He 21 did reach me this morning, approximately 11:00 o'clock, and 22 stated that at that time, financially, it just wasn't. 23 feasible to do a single family portion of this plan which 24 was the basis of our negotiations since December.. 25 The entire basis as he drew it up was that we W 1 was no compromise with the developer reached. 2 I did hear that -- he said it would be dry 71 3 percent of the time, which means that it's going to be wet a 4 third of the time, more or less. And then one final point 5 is that if the wetlands are indeed a great deal larger, than 6 the developer said they're going to go take up an awfully 7 much larger area at the bottom of this retention pond. Is 8 that going to, in fact, leave any area at all for recreation 9 even assuming it is dry? 10 That's, you know, how many points get removed 11 for taking up the whole bottom of this thing with wetlands. 12 And one final thing was, Mr. Veio, the developer, himself, 13 said that he really didn't like the retention pond.very well 14 at all. He would prefer, to have a detention pond and a 15 park. And I'm not quite sure why, but it seems that there 16 must be some reason why he has now decided that the.. 17 retention pond is the,way to go. 18 I would really urge you to reject this on the 19 retention pond. Thank you. 20 MS. BELL: Thank you. Next. 21 MS. HAZEL: Hi, Madam Chairperson and Board 22 members. My name is Tara Hazel, and I have been given a 23 small lot right adjacent to my grandmother's property .that 24 would be located in this area. I.would just like.to say 25 that I would reiterate everything that everyone else has 65 1 and he's gone back to Denver. Who deals with that situation 2 at that time? What if it isn't a park at all, and his eight 3 points that he has now, which it sounds like it makes a 4 difference between the density that he's proposing. 5 What happens at that point in time? The 6 developer's gone. The development's built and the park 7 doesn't exist. Also, the point about pollution I thought 8 was an interesting one. In the developer's water quality 9 plan, he talked about the grass at the bottom of this 10 detention pond being part of the filtration system, and I 11 don't have that in front of me any longer. 12 It was stolen along with my purse earlier 13 this evening, but it seems to me like it was 15 or 20 14 percent of the pollutants were supposed to be filtered by 15 the grass at the bottom of this thing, which also doesn't 16 make me think it's going to be much of a recreation area. 17 This isn't where I would want to put a blanket down and play 18 with my granddaughter on the grass that's filtering the 19 pollutants off the parking lot and the rooftops, not to 20 mention the water that might be coming from CSU. 21 Another point is, this was sold at the 22 neighborhood meeting as a neighborhood park. At this point 23 in time there is no other access to the park besides through 24 the Scenic Views Development. All the land around. it on 25 the other side is private property at this time since there 64 1 or three feet of water left in there after a major storm. 2 He said something about it would take 7 hours to pump out 21 3 inches, I'm not quite sure, and that's assuming all the 4 pumps and everything are functioning as they were designed, 5 and there aren't any foul-ups there, but that still leaves 6 several days.. 7 It sounds to me like, when there -could be 8 significant kept water in there, that could present a hazard 9 for small children, especially, at the bottom of a slope. I 10 wonder who is going to be liable for accidents? Is it going it to be the Homeowners Association? Is it going to be the 12 developer? Is it going to be the city? Where is this 13 liability going to be assumed? 14 If it is the Homeowners Association, it 15 sounds to me like they're going to have to purchase .a pretty 16 substantial bond. One wonders if the homeowner's dues is 17 still going to keep this in the area called affordable, if 18 they have to pay for this kind of bond and maintenance 19 person ,to take care of the pump. I'm also concerned about 20 who is going to be liable, and what happens if this thing 21 doesn't work? 22 What if this retention pond, that is supposed 23 to be a park turns out to be wet and muddy at the bottom 24 most of the time? What happens? Who takes care of that? 25 The development's already built. Developer has his money, 63 1 as it pertains to soluble pollutants, has not been resolved. 2 The developer to date, has no agreement with the ditch 3 company at this time. If you agree that this retention pond 4 withstanding water one out of three days, April through 5 September, that's what it works out to. If you look at it 6 mathematically at six months of the year, one out three days 7 you can use it, if you're lucky. And it's not mud. 8 MS. BELL: Bob, you need to finish up, like 9 now. 10 MR. DAVIDSON: Okay. Basically, if you see 11 this as a recreational, you give them the credit, they pass. 12 If you don't give them credit for recreational space, they 13 don't pass. You can't approve them. Thank .you. 14 MS. BELL: Next. 15 MS. DAVIDSON: My name is Mary Davidson, I'm 16 Evelyn Anderson's daughter. She owns property next to the 17 proposed retention, pond. And my daughter and her family are 18 also proposing to move into this neighborhood at some time 19 in the future. I have some real concerns around safety 20 issues with the pond. One of main ones is that there could 21 well be several feet of water in this pond. 22 This water, is it going to be at the bottom 23 of a slope? It is proposed to be a park. Kids are supposed 24 to be able to play there. Kids will be used to going to play 25 there. I don't know how many days that there might be two 62 1 So it doesn't really lend itself to a very 2 good example. And we also are talking about groundwater 3 with a cutoff trench around the pond that's not deeper than 4 the pond. Even if it's lined, what good does it do. I live 5 in the neighborhood south of that. I've saw reports. We 6 have perched water tables. We have bedrock one and two feet 7 below the surface and it's cracked. g We have water come right up through there. 9 We have a canal alongside of me, behind me, that is plastic 10 off -- it has, plastic to seal it off, it has clay, it has 11 gravel, and it has pipe taking the water from the canal away 12 from our neighborhood. But yet we still wind up with the 13 water table rising whenever we.have a lot of rain. 14 So I don't see how this can happen at all 15 with the trench. The pond itself is not -- 16 MS., BELL: Are we getting confused on how I 17 wanted to do that -- 18 THE CLERK: It goes off, but it's not loud 19 enough. I can't make it any louder -- 20 MS. BELL: Because I wanted to have it at 21 three minutes and then four again. You need to finish up. 22 MR. DAVIDSON: Okay. In summation, a 12 inch 23 -- a 12 feet deep retention pond with a pathetic definition 24 for dry, cannot possibly be construed as a recreational area 25 if you're still in touch with the real world. Water quality 0 r*a 1 A significant permanent -- a significant 2 permanent or long lasting area of deep, soft oozing mud is 3 okay, I guess 4 to 12 inches of deep, suck -your -shoes -off mud, 4 is not my idea of a recreation area unless you -- you're 5 into swamp buggy competition. A large hole 12 feet deep and 6 no place for children to be playing, especially if it's 7 filled with water, especially with sidewalks leading down 8 into it. 9 85 percent dry, which this report says, can 10 be muddy and can be many individual pockets of standing 11 water. Page 2, section 1.1, second to the last typed line, 12 15 percent means 55 days per year of standing water of 13 significant area. They also -- what they also don't tell 14 you, if you look at the chart for water, April through 15 September is the most water we get, and that's when this 16 retention pond would be under water most of the time or very 17 muddy. 18 So the time when people would most use it as 19 recreational, it wouldn't be available. So in other words, 20 we can.use it as recreational if we want to picnic in 20 21 degree weather during the wintertime, very good. I also 22 noticed that with the picture of the Denver retention pond, 23 that was taken this month. If I look at the chart also, 24 April is the lowest precipitation month, .41 inches. How 25 coincidental. m 1 dry state. Water quality and a plan which addresses 2 particulates, but no real resolution or guarantees regarding 3 soluble pollutants other than education. 4 The actual wetland which is up for grabs, 5 depending on who you talk to for area, as far as retention 6 pond goes, the P&Z has had many proposals, development 7 proposals, questionable bonus points awarded -- detention 8 ponds which don't retain water. Now we are being told that 9 retention ponds are also okay for parks. That's a new one 10 on me. 11 Now the Planning Department will have you 12 believe it's acceptable to classify retention pond which 13 does not retain standing water as recreational space for 14 families and children. This project requires you to grab 15 points for the retention pond as recreational space in order 16 for it to attain its minimum 100 points required on the 17 residential density chart. 18 How can a retention pond be classified as 19 recreational if it retains water and will be muddy most of 20 the year? The definition of "dry" is a very loose term 21 indeed. Dry by the City definition, or in this report, I 22 should say, the definition means no significant permanent 23 pool of water. Well what is significant? And what is 24 permanent pool of water? This is page 4, section.2.1, 25 paragraph 2, last sentence. 59 1 presentation as a citizen, which he is doing. 2 So the City and the City Attorney's opinion 3 on that is that like -- that's not only true with Board 4 members, it's true with council members and all Boards of 5 Commission members in the City of Fort Collins. So they 6 have a right, a constitutional right to make their 7 statements known in these issues. 8 MR. VEIO: Well, most ethical board members 9 that I've seen when they abstain from vote, they also 10 abstain from the floor. Thank you. 11 MR. DAVIDSON: That's one interpretation. 12 This approval tonight -- are we starting the four minutes 13 again? 14 MS. BELL: Uh-huh. 15 MR. DAVIDSON: This approval tonight hinges 16 on three main points as I see it. The retention pond and 17 how it functions as designed, the water quality, and the 18 actual wetland area that really exists. And most of my 19 remarks will be referred to -- referring to the report, The 20 Storm Water Quality Management Control Plan by Rocky 21 Mountain Research Institute. 22 Retention pond which does not -- a retention 23 which does not retain water and will be a muddy quagmire 60 24 to 70 percent of the time is rationalized as recreational 25 space due to three picnic tables and a very misleading term, 58 1 that we are talking about tonight, but that also points out 2 the fact to me that perhaps,there was some compromise that 3 could have been made long before this make -shift solution 4 has come to the table. I still.think there's a possibility 5 that we can have -- you know, the original design that was 6 presented at the preliminary hearing with the park and with 7 the water going in the storm drainage, so thank you. 8 MS. BELL: Thank you. Next. 9 MR. DAVIDSON: Bob Davidson, 1203 Cascade 10 Court, Fort Collins. I can put some picnic tables and 11 gazebos on the ground between the north and south lanes of 12 I-25, does this qualify as a recreation area? I notice too, 13 that the Denver retention pond had sidewalks all the way 14 around, probably because it was the only dry spot you could 15 walk. 16 MR. VEIO: Excuse me, Madam Chairman, isn't 17 this gentleman a member of the Planning and Zoning Board? 18 MR. DAVIDSON: Private citizen also, sir. 19 MR. VEIO: And if he is -- 20 MS. BELL: Excuse me. Mr. Duval, could you 21 clarify this issue for us? 22 MR. DUVAL: Yes. Under the City's charter, 23 he's declared a conflict of interest. He has to remove 24 himself from participation in the Board's decision; however, 25 as a citizen, he has a constitutional right to make his R 57 1 70 percent of the time. And I'm hoping I'm understanding 2 right, that this particular retention pond is going to be 3 moist most of the time. And that's not an environment that 4 I would•let my children play in. 5 So as a park, to substitute for the 10 points 6 for the park, I just don't see that being a valid 7 substitution. I'm always concerned when mechanical things 8 are the system that we are relying on pretty heavily because 9 mechanical things fail. The other thing I'm concerned about 10 is the fact that CSU's interest of draining across this area 11 is becoming the neighborhood's problem. 12 And I appreciate the fact that this problem 13 has emerged, but I don't think it should be at the 14 neighborhdod's expense through the retention situation. The 15 bottom line is for me -- it's being presented that this will. 16 work, but there's even a more workable situation and that is. 17 obtaining easements and getting the storm water where it's 18 supposed to go, in the storm water drainage. 19 And what I'm not hearing is the compromise. 20 I recently worked with a developer that came through on 21 consent very recently. And we compromised, and I don't hear 22 that happening in this situation. I'm hearing that there's 23 a lot of meetings going on, and I'm hearing there's a lot of 24 discussion, but it sounds to me like one of the original 25 concerns was density. And I understand that's the issue 56 1 things that's really concerning me is the illogical 2 comparison that we were offered in a pretty substantial 3 portion of the developer's presentation. 4 The fact that there are kids playing in a dry' 5. area,. to me is pretty evident that it's not dangerous. I 6 wouldn't be concerned with my children playing in an area 7 like that either; however, when he said that the time that 8 it did fill up, there was quite' a bit of water in. there, now 9 that's the time I would be a little concerned. Now new 10 water source -- I lived in an.area where a mechanical system 11 failed and created a water -- I don't really want to call it 12 a flood,.it not only brought out the. earthworms, but it 13 brought out the kids. 14 They were interested in that and it was new, 15 it was fun.and exciting.. And it is the.parent's. 16 responsibility to make sure that their children are 17 monitored all,of the time. But I still don't want to see'a 18 neighborhood tragedy. The other piece to that, which has 19 also not been mentioned, I like to point it out again, the 20 size comparison. He said it was one -fifth. The retention 21 pond he's talking about is one -fifth the size of the slides 22 that he showed us. 23 And it's just not -- it's an illogical 24 comparison. Also, if I understood him correctly, the Denver 25 pond bed that we were shown -- he said that it would be dry 55 1 pond will -- would have to be redesigned to handle a larger 2 offset for the wetlands that would be destroyed, and 3 secondly, that as of February llth, the Corps of Engineers 4 did reissue the nationwide permits. 5 Basically anything over a third of an acre, 6 up to three acres does require Corps notification. The 7 Corps would have to be consulted, and with these new 8 revisions to the regulations -- an environmental assessment 9 would have to be completed, so it would have to bring in the 10 Corps for consultation. 11 I would request that that be done, I would 12 request the formal delineation be done, so that we know 13 exactly how many acres of wetlands are being impacted here. 14 And again, that would subsequently affect the design of this 15 pond, which again, you know, maybe it will work, but I'm 16 very unsure about a lot of information that's been provided, 17 and I would request that a strong bond be put on that. 18 So with that, I would just ask that this•. 19 information be considered and that until the proper data 20 have been collected, that this be put on hold. 21 MS. BELL: Thank you. Next, please. 22 MS. YERBIC: Hi, I'm Gayle Yerbic, and I 23 live in the neighborhood, and I want to state up front that 24 I haven't really been following this issue that closely. 25 I'm just responding to what I heard tonight. And one of the 54 1 make. Again, we want to be unbiased in this and make sure 2 we have a system that does work. The issue of bond, I 3 think, is crucial. A detention pond is one thing, that's 4 pretty commonplace. Retention is very unusual. You know, 5 the slides were fantastic. I don't know what football field 6 that was taken of, but that's fine. 7 We can take things out of context. We can 8 get the best pictures in the world. I'm not impressed. I'm 9 talking about real, real site specific information that I 10 have yet to see. The other issue is wetlands. I would like it to spend a couple of minutes on that. I'm on the north 12 boundary of this .property, and I've come into this process 13 kind of late in the game. 14 Eight thousand square feet has been a number 15 that's been. thrown out. And just recently I went out there, 16 and I actually paced off. the wetland. I am a biologist. I 17 have done wetland delineations. I understand the systems 18 quite well. I paced it off. I mapped it.. I digitized it 19 and that acre is closer to 20 thousand square feet, a half 20 of an acre. And I haven't seen -a formal delineation to 21 prove otherwise. 22 I just know there's eight thousand square 23 feet have been mentioned. So I happened to go out there and 24 my opinion -- in my opinion it's closer to half an acre. 25 The significance of this is twofold. One is that now the. 53 1 Dennis went into quite a few items here, and so I don't want 2 to spend time rehashing some of those points. 3 I would like to state that I'm very 4 supportive of those points with particular concern with 5 retention pond. I think the -- excuse me, the issue of 6 potential groundwater seepage into that pond. That 7 question has really not been answered. I'm concerned if it's 8 -- whether bedrock that this is going down to -- that there J 9 haven't been enough borings on that site. 10 There has only been two borings for an entire 11 three or four acre site. And that the possibility of 12 fractured bedrock is not uncommon so that seepage into this 13 area is quite possible. I don't see the data to reflect 14 anything different than that. And I would request that 15 additional studies be conducted in those areas to assure all 16 of us that this pond would be structurally, have structural 17 integrity and not have problems down the road. 18 I'm also very concerned about the homeowners 19 being the watchdogs of something that's built by a 20 developer that will be out -of -sight, out -of -mind shortly 21_ after this project is up and running. I believe it should 22 be an independent consultant that should be hired or 23 selected by the City and that -- reports information back to 24 the City that it not be the Homeowners Association. 25 I think that's a very important point to 52 1 then the existing neighborhood and much higher than would be 2 considered under the new land use plan. 3 And that allotted density variation hinges 4 upon the assumption of a park. This 16 foot deep hole in 5 the ground is most certainly not a park, and the park hinges 6 on storm drainage easements that have never been granted; 7 therefore, ladies and gentlemen, we urge in the strongest 8 way that you deny the final approval to this project on 9 substantive and procedural grounds. 10 And we hope to hear a motion to that end. it Thank you. 12 1 MS. BELL: Thank you, Dennis. Okay. I guess 13 we're ready to move on to the other folks..that are here 14 tonight that want to speak to us. I think 4 minutes will 15 probably be appropriate, and you'll hear a little beep at 3 16 minutes and at the 4 minute point.. So someone would like to 17 step forward and begin. And I'll remind you that we have 18 two podiums, so the next person who wants to speak could be 19 preparing. Just state your name and sign in for the record, 20 please. 21 MR. HACKNEY: My name is Phil Hackney, I live 22 at 720 South Overland Trail. I'm an adjacent landowner 23 that, just for the record, has not been invited to the last 24 four meetings. I don't know why but I've been kept out of 25 that loop. Maybe my concerns aren't an issue with Mr. Veio. 51 1 questionable as to the effectiveness of it as a water 2 quality function and without any baseline studies. It is 3 left to the Homeowners Association to watch what happens 4 after the hole is in the ground and to fix it somehow when 5 it fails. 6 It does not mitigate for the size and 7 diversity of the existing wetlands that would be destroyed. 8 The hole is dangerous in its depth and steep sides and 9 dangerous in its concentrations of hazardous residues. This 10 hole is no solution at all. It is a whole set of dangerous 11 problems and liabilities that the city and the ditch company 12 assume, not with the developer, but with the Homeowners 13 Association if they sign off on this. 14 These are the substantive issues that tenet 15 with this retention pond. At the very least, this hole 16 should be monitored and bonded heavily for 5 years before 17 any buildings are constructed. Any consideration of 18 approval must be conditioned. Above all, this open pit is 19 not a park. It is an unworkable attempt at solution to 20 procedural error at the beginning of this process. 21 When the required Storm Water Utility stamp 22 was affixed to the preliminary approval;. when the necessary 23 easements were never there; easements weren't granted 24 because the developer would not reconsider any elements of 25 plan, including the density that is completely different 50 1 Mr. Veio's.project must mitigate for the loss 2 of that long established water quality area. It has been 3 stated by others in the record on December 16th that rebuilt 4 wetlands just never do quite as well as the naturally 5 diversified ones that nature puts in. Even if it's by 6 accident. And we strongly. disagree with the developers 7 contention of size of this wetland. This has implications 8 in two very important regards. 9 First, how much wetlands he must transfer 10 into an already pretty full retention hole. And secondly, 11 that the existing wetlands now may fall into the size needed 12 for further study under the Corps of Engineers Federal 13 Regulations called, I believe, Permit Number 26, effectively 14 including this piece.that we estimate being larger than the 15 requisite one third of an.acre. 16 We want verification of the area size 17 calculation by an independent source before any further 18 action is taken on that wetland. I will sum up. This 19 project's final approval rests upon the assumption that a 20 very big hole, in the very wet ground of our last remaining 21 open space in our neighborhood can be substituted for 22 originally, what was a park. 23 It is a bad, temporary solution to storm 24 drainage problems. This huge hole is destructive of 25 existing natural water relationships. It is highly 49 1 and other living things. 2 Anthropogenic possibilities in this storm 3 drainage scenario. Our position is this, we are sure that 4 there is a relationship between the water quality of our 5 farm, its mission and its produce and the community that we 6 are a part of, and that we serve. We will not be a storm 7 drainage hazardous waste experiment. The Happy Heart Farm 8 and the Rogers Park Neighborhood demand that thorough 9 baseline studies such as event mean concentration statistics 10 be applied before, not after, this proposal is final. it And that the studies be paid for by the 12 developer, and that we really take these studies to the 13 community to dialogue the values of water quality, not just 14 hear the relative numbers in parts per millions. The health 15 and well-being of our farm, our neighborhood, our community,.: 16 and our river are at stake. It is time and the place to 17 draw the line. 18 There is an existing line of water quality 19 that is established already in our neighborhood that was put 20 in place by Mother Nature herself. The developer contends 21 she did this accidently. This is an existing wetland on the 22 northwest property boundary of this project which has been 23 there for nearly 10 years. It is the diverse and effective 24 biological response to water quality of the water volume 25 that flows through that area. 48 1 this retention pond. We are not satisfied with the 2 Homeowners Association being left with monitoring of the 3 experiment to sort of watch to see what really happens.. 4 The other critical unresolved substantive 5 issue, still water quality. Water quality issues .in the. 6 relationship to storm drainage are new territory, but very 7 timely issues to the Storm Water Utility, to the City, to 8 the ditch company, and to many people in this community. 9 Water quality issues are not new to us at the Happy Heart 10 Farm, are terribly important issues to my farm -sharing 11 families. 12 The ditch company has clearly stated that the 13 water pumped from this holding area can be, quote,. "In no 14 way contaminating," end quote. But .where's the.science that 15 defines contamination? The water quality expert for the 16 City, has told me that standards have not been defined, that 17 the science is unsure of the effects of some drainage on 18 irrigation water, and that the technology is unproven. 19 He has also stated that any datafication 20 would be expensive, lengthy, and extremely variable and 21 difficult to state except in highly relative terms. He also 22 stated that the Happy Heart.Farm has the most direct need 23 for water quality issues to be addressed that he has 24 personally ever heard of in this city, and that it is true 25 that there are anthropogenic, meaning not good for people 47 1 liability for the thing when it fails. The Homeowners 2 Association =- the Homeowners Association is given a list of 3 things to watch. 4 A set of instructions on how the pump, and a 5 set of instructions which are called the non-structural BMPs 6 or BUMPS to post on the bulletin board as the main way to 7 mitigate the soluble pollutants that the structural BMPs or 8 BUMPS, in this case the permanent retention part of this, 9 and its skimmers and the transferred wetlands biological 10 controls that they will try to hit and miss at. 11 But the Homeowners Association has no 12 instruction because there aren't any on what to do if and 13 when something goes wrong with this theory, or the wet/dry 14 pond, or the transferred wetlands plants that might not make 15 it, or the pumping that could necessarily be pretty 16 constant. 17 The Homeowners Association, not the developer,. 18 will be liable as with the City and the ditch company when 19 this fails if they sign off on this radical plan. But it 20 will be the neighborhood, the ecosystem, and the Happy Heart 21 Farm, that will pay the cost in losses of health and safety. 22 So we have real concerns with safety hazards 23 of the pond, concerns with the effect on water volumes in 24 the ditch, volumes in the groundwater basin and water 25 volumes in the down slope ponds that could be affected by 46 1 How much water and for how long is unknown 2 with really no way to calculate these amounts before the 3 hole is dug. And yet, this holds real consequences as to 4 maintenance, seasonal flow function levels, and other 5 liabilities for the ditch company. As we stated in 6 December, the ditch company does. not want to carry those 7 liabilities. 8 A large part of the pond is supposed to stay 9 dry except in storms, and that portion of the hole is to be 10 for the sedimentation of the•pollutants that stick to 11 particles that come with the storm water running from the 12 rooftops and parking lots. This sedimentation process will 13 allow heavy metals,. bacteria, and other particulate. 14 pollutants to, settle out onto the ground and the vegetation 15 to be concentrated there. 16 And then ,the neighborhood kids can come slide 17 down the steep banks and roll around in that concentration 18 of hazardous waste, if it ever really gets dry enough in 19 there to work that way. The soluble pollutants: gasoline, 20 oil, pesticides, are to be handled mostly by an educational 21 campaign monitored by the Homeowners Association. 22 I see it that way because it is not the 23 developer who is to designate for monitoring, maintaining, 24 or repairing the pond and its pumps. It's the Homeowners 25 Association that has stipulated to this task and the. implied M 1 purported function to deal with the soluble pollutants, at 2 least in the part, as it states in the developer's 3 prospectus. Lots of questions rise to that surface almost 4 like water seeking its own level. 5 The plan itself states that the so-called 6 water quality pond, the retention part of the pond, must 7 have water permanently in it. And at this pond and the 8 wetlands will be charged with groundwater and runoff. 9 Nowhere is there a statement that the bottom of this pond is 10 to be sealed, or that it butts into an impervious layer of 11 bedrock. 12 In fact, to the contrary, that it has to have- 13 groundwater charging the permanent pond. Now the wet pond 14 and the dry pond are the same hole, just with varying 15 degrees of depth. And all the depths are below the existing 16 surface of this natural basin which has been shown to always 17 hold lots of water at just two feet below grade. The point, 18. water seeks its own level. 19 Since the deepest part of the hole must have 20 groundwater constantly charging it, the entire hole will 21 constantly have water in it. Lots and lots of it. The hole 22 pond will be permanently wet unless the pump is running 23 constantly which it will need to because the pump will be 24 pumping the entire basin's water, and.where? Into the 25 Pleasant valley Irrigation Ditch all year long. 44 1 We raise serious objections to this hole as a 2 neighborhood around the safety of this so-called attractive 3 nuisance, which in December, was shown to be eight feet 4 deep, now in this incarnation is 11 feet deep in most 5 places. In the pond, the deepest part, the current revolution 6 of this hole has been plotted out. It's a state-of-the- 7 art water quality pond; it has water permanently in this, and 8 it is 16 feet below the surface grade. 9 The temporary solution is becoming a bigger 10 and bigger hole that gets deeper and deeper, and the plan 11 for the hole is full of holes. Let's start with the 12 so-called structural BMP, or Best Management Practices, or 13 BUMPS for short. 11 feet down there, a portion of the hole 14 is to be for the sedimentation fallout of the particulate 15 group of pollutants that will come with storm water running 16 from the rooftops and parking lots of this proposed 17 development. 18 This part of the pond is proposed to stay dry 19 except in storms because it will be sealed off from the 20 subsurface water basin that it sets in within an impervious 21 8 foot slurry wall on the sides. This so-called extended 22 detention part of the pond is 5 feet above the so-called 23 retention pond. 24 So in that part or 16. feet down, which must 25 be kept permanently wet so that it can try to perform this 43 1 downstream such as the stock watering pond that has been 2 used by farmers before me and myself at the Happy Heart 3 Farm. Note, that my pond is presently full, and has been 4 all winter, even before the recent snows. 5 It's historically full in the winter and the 6 fall, the driest times of the year. That pond on my land is 7 a part of the agricultural significance of Happy Heart Farm 8 and just digging that hole will have affects on that water. 9 Will this retention pond dry up my historical agricultural 10 use of this water? Bringing that subsurface water to the 11 surface makes it surface water. 12 And this could have implication to state 13 level agencies. Specifically to the Poudre River Commission 14 as surmounts in ownership. Any pumping into the Pleasant 15 Valley Ditch will have impacts on volumes in that ditch. 16 And if pumping is to be done during the winter season, as 17 will probably have to be done seasonal maintenance of the 18 ditch will be effected. 19 All this without any baseline study as to 20 amounts and results of those amounts, and this is just in 21 the digging of the hole so far. Let me state again, that 22 this hole should in no way, be misconstrued as a park. Its 23 purpose really, and its design, is to function as a 24 temporary solution to the unresolved challenge of the Storm 25 Water Utility -- Storm Water Drainage Utility. 42 1 easements that never were granted. This project should be 2 denied on these procedural grounds. 3 Now the substantive concern which we have 4 shown on the December 16th 196 and to the present are all 5 ready a matter of record, which we shall review and try to 6 clarify tonight. But all these are merely reactions to the 7 poor temporary solutions that have since been posited around 8 the initial lack of the required storm drainage easement. 9 Please note again, that all these arguments 10 which we presented on December 16th of 196 are a matter of 11 record for this continuance tonight. We shall restate some 12 of the strong objections we made then, and hopefully make 13 them more current to this which we think is the fourth 14 generation of.this retention pond's design. 15 This huge thing, 3 acres big and 16 feet 16 deep, is proposed to be dug in a basin that has, since 17 records have been taken, been shown to be full of water. 18 The slides we showed you then, show that the water is two 19 feet below grade, even at the driest times of year. We are 20 tremendously skeptical that this hole can be dug.without 21 filling with water in the process which will then need to be 22 pumped into the ditch if the hole proceeds. 23 He will be pumping the subsurface water of 24 the entire basin. This attempted drainage of this natural 25 basin will effect all of the pond's and the natural flows 41 1 pond of the original plan design submitted at the. 2 neighborhood meeting and to this Board at preliminary, was a 3 part of a designated neighborhood park which had since 4 become more and more.a neighborhood hazardous waste holding 5 facility. 6 This.so-called park is in its present 7 incarnation, a three acre, 16 foot deep hole in the ground, 8 that is proposed to function', really, as a storm drainage 9 pollution waste filtration system. We will most definitely 10 say more about the substantive reasons why this temporary it bad solution won't work for us'as a neighborhood. But 12 germane to the procedural category.is this: 13 This dangerous detention pond is not a park. 14 And it was a park that this Board and the neighborhood was 15 shown. And it was a park which granted this developer 10 16 points of density that allowed him to bring a preliminary 17 plan before you that is of a much greater density than ' 18 currently exists in the surrounding neighborhood. It is a 19. much greater density than would be allowed if this project 20 is considered under the newly approved City Land Use Plan. 21 Among many other items,.it was, the 22 disagreement over density which prevented the granting of 23 storm water drainage easement. The preliminary approval of 24 density of this plan was granted based on points of a park. 25 That park's design and function was based on storm drainage 40 1 shown from the proposed detention pond to the existing 2 drainage system, which abuts my property. 3 And those signatures were not obtained. This 4 error should have kept the project from proceeding to the 5 preliminary hearing of this Board. It is an integral part 6 of that level of hearing before this Board. And it is 7 integral to the real planning of such a large scale project. 8 But rather than conjecturing on how that 9 happened, or placing blame for it, it would be more to the 10 point as to what should have been done to correct it, rather 11 than taking the proper action which would have been to start 12 over again. With that important required element in place, 13 the,Storm Drainage Utility has chosen to offer so-called 14 solutions to the. developer that are, in their own words, 15 temporary, bad solutions.. 16 But that continued to receive that 17 department's approval stamps, including the big hole before 18 you tonight. Our position is this: This project should 19 have been rejected, sent back to the point where it should 20 have been in the beginning with the requirement that the 21 storm drainage easements be in place as a first step in 22 really planning this project. 23 An important correlating point proceeds from 24 the generations of temporary solutions that have since been 25 divined to the, storm drainage problem. The small detention 39 1 About traffic congestion, flow patterns, and 2 safety, noise and stress levels. The storm drainage runoff 3 from this project was questioned at that time. These issues 4 were addressed by the city Planning Staff and approved as 5 being in compliance by this Board. But specifically, the 6 designated park area was a completely different picture than 7 what is being passed for one tonight. 8 Also, questions concerning the need for an 9 Overall Development Plan, met with some.very difficult to 10 understand and rather shaky procedures. It's most important 11 that the Storage Drainage Utility stamp required to bring 12 this project to preliminary hearing was granted in error. 13 Because there never was a continuant easement granted 14 contrary to information provided by the developer. 15 This error should. have kept this project from. 16 proceeding to the preliminary hearing of this Board. And I 17 note, for the record, the project comment sheet, this one is 18 dated 3-14-96 to Mitch Haas, the planner at the time, and I 19 think this was from Matthew Fater, I can't really read the 20 signature. 21 But it does state that a letter of intent 22 from each affected party owner is needed by the plan 23 revision date, here noted as April 3, 196. And that off- 24 side drainage construction easements are needed for the 25 construction of this swale. The design of the swale must be N 38 1 part the official record for the final hearing of this 2 project. That all of those points remain a concern to the 3 neighborhood. I will review those, points which we maintain 4 are grounds to deny final approval of this project. And we, 5 therefore, ask that a motion be made to that effect. 6 Our points that night and this evening fall 7 into two categories. The first being the failure to follow 8 prescribed City rules of procedure as it applies. to the 9 elements of the LDGS. And the second category of concerns 10 relate to the substantive issues which are parts of this 11 project and which we feel strongly put the neighborhood at 12 risk. 13 The categories are very much related.and 14 overlap. We shall address the -procedural .concerns first. 15 Some: history ---please carefully note that the. plan before 16 you tonight up for approval is a. significantly different 17 plan from the one that we saw at the so-called neighborhood 18 meeting, held more than a year ago on January 18th 196. 19 It's also a very altered plan from the one 20 that was granted conditional preliminary approval by this 21 Board way back on Earth Day, April 22nd of 196. It's a 22 matter of record that at both of those meetings, citizens 23 raised numerous questions about neighborhood compatibility 24 of such a huge density. About the inevitable loss of 25 irreplaceable wetlands and wildlife. 01r1 1 submit to you. 2 I have the actual written copy of the video 3 for you to turn into the records, in case you need to review 4 it or anything like that. And also a memo from the storm 5 water that I think the Board should really review -- to go 6 over that Dennis wanted you to see. I'm just here on his 7 behalf. 8 MS. BELL: Maybe we can have those brought up 9 here, and we can review them. And then we'll enter them 10 into the record. Thank you. Okay. Let's roll. 11 (The following is a videotape commentary 12 from Mr. Dennis Stinson.) 13 MR. STINSON: Ladies and gentleman, good 14 evening. I'm Dennis Stinson of 2820 West Elizabeth Street, 15 The Happy Heart Farm. To help facilitate these proceedings,' 16 I will be addressing you tonight as the authorized 17 designated speaker for the City recognized Rogers Park 18 Neighborhood Group. 19 I will be covering my neighbor's concerns 20 within the allotted 20 minutes of time, and also speaking 21 about our concerns at the Happy Heart Farm in the same time 22 frame. Tonight's meeting is a continuance of the final 23 hearing which started on December 16th of 196. 24 It's important to note that all of the 25 elements of our position which we made on that date are a "A 1 make. 2 MS. BELL: Okay. If we hear some new 3 information we will, of course, do that. Okay. We are now 4 ready to hear from the public on this matter. Now I 5 understand that we have a video that we're -- that the Board 6 is going to want to see. And so what I'm wanting to know 7 is, do you have -- is this video part of the organized 8 neighborhood presentation, or is it separate from that? 9 Do we have people that want to speak on their 10 own behalf, or those who represent a group? What are we 11 looking at? Okay. There's two people who want to speak on 12 their own behalf -- four people who want to speak on their 13 own behalf. Is there anybody else?. Five people? Okay. So 14 we have the video and then five, people who want to talk? 15 Is that what it's kind of looking like? 16 Okay. Why don't we begin then with the video -- oh, what? 17 Okay. Keep in mind, I think the video runs nearly the 30 18 minutes in length, so if you could just keep your, remarks 19 brief that's fine. 20 MR. HAZEL: My name is Steve Hazel, and I'm 21 here representing Dennis Stinson. Dennis is acting as the 22 authorized designated speaker for the Rogers Park 23 Neighborhood Group. Unfortunately, he's out of town and 24 unable to attend this evening. So prepared this video for 25 review by the Board in advance, and turned it over to us to 35 1 those are. That gets a little too technical. 2 MR. GAVALDON: What is the percentage of 3 usage available to the Denver retention pond as you had said 4 some 97 percent here, your projections? 5 MR. VEIO: Let me answer that a little -more 6 clearly. I'm going to bore you to death with these charts. 7 MR. GAVALDON: Just a summary will be fine. 8 MR. VEIO: In our pond, as an example, what we 9 did is we looked at the rainfall that occurs in Fort Collins 10 on that site month by month. And what we find is that 11 71 percent of the time that pond is dry. And when we 12 compare the Fort Collins rainfall patterns to Denver 13 rainfall patterns, they're almost identical. The only 14 difference is in April and May. 15 April and May we get a little more snowfall_ 16 here and a little more water in April and May, but the rest. 17 of summer we get a little less water than Denver does. So I 18 would say the impacts -- the usage of that pond is about the 19 same as we have here, almost identical 20 MR. GAVALDON: Thank you. 21 MS. BELL: Okay. Are there any other Board 22 questions or can we move on to public input? Okay. Thank 23 you. 24 MR. VEIO: I would -- Madam Chairman I like to 25 be able to respond to any of the comments that the .neighbors 34 1 bottom of the pond shortly after it gets excavated and 2 planted. Where most of the water is going to come from on 3 our site is from CSU. This table that we have up here shows 4 the impact of CSU's water on our site. Now remember, I said 5 that 91 percent of the storm events do not create on -site 6 water on our site.' 7 What we're seeing here is we're getting 21 8 inches of water in that pond. That's CSU's water. That's 9 water that should have an easement, but doesn't. It comes 10 to my site. I've got to do something with it. So I'm' 11 putting it in this retention pond. And I can pump that 12 water out in 7 hours. And with the 24-hour delay, I can 13 pump it out of there in 31 hours. 14 So again, we are right back to having a 15 recreation, base in that basin.very quickly. Yes. 16 MR. GAVALDON: Back to your Denver example. 17 Is this similar impacts from another large area that you're 18 mentioning that CSU is impacting this area. Is there 19 comparing data? 20 MR. VEIO: Yes and no. That particular site 21 also has a canal that is adjacent to it. It has a 22 substantial amount of runoff like we're getting from CSU, 23 and we've got to put it somewhere. And that's one of the 24 purposes of that pond. It's a place to hold it. The 25 release rates and all that I can't see how comparable all 33 1 park very quickly again. 2 We can get into how often it rains and how 3 many days -- I don't want to get into all that. When we -- 4 am I getting too much detail for you? 5 MS. BELL: No. What I'm also curious about 6 is, we have a lot of testimony about high groundwater, and 7 so I'm presuming that there should.always be some kind of 8 wetness if you're going down 12 or 16 feet in the area, when 9 we heard it's wet 18 inches. So could you address that? 10 MR. VEIO: Sure. I don't have that slide up. 11 When we build the retention pond, basically we are 12 excavating a hole all around the perimeter. And when we 13 excavate that hole, we build the slurry wall that Glen was 14 referring to. This is a concrete wall that goes down eight 15 feet below the groundwater. Below the earth surface and 16 down into the bedrock. 17 And what it does is, it builds a wall, a 18 permanent wall around the base of the basin. So the water 19 can't come in, and water can't come up. It keeps the water 20 out. And it will still be moist in there probably because 21 it will take a while for it to dry out over time. But 22 basically the groundwater is not going to come up there 23 because the water goes down -- the wall goes down into the 24 bedrock and the -water cannot go through the bedrock wall. 25 So the groundwater will disappear in the M 32 1 the public hasn't seen, or had a chance to really study. 2 The first table here shows that if you add -- to get the 3 amount of runoff -- to get actually enough water from the 4 storm water, to create any level of depth of water, you have 5 a half an inch of rainfall. 6 And what we see when we look at the rainfall 7 statistics for this area is that 57 percent and 33.8 percent 8 or 90.9 percent of all the storm events in Fort Collins do 9 not generate enough water for runoff from the actual site 10 itself. So 90 percent of the storms that we get, or 90 11 percent of the storm days we don't have any runoff from our 12 site; however, when we look at the next 6.6 percent.of the 13 storms, then we are getting between a half inch and one inch 14 of water on the ground. 15 And that translates into a pond depth of one 16 foot. So in six percent of the storms, we have one foot of 17 water all across the park. 18 MS. BELL: What do you mean all across -- 19 MR. VE2O: The wetlands area. And you have a 20 foot above that all the way across the detention area. Now 21 with the pumping system there we're proposing that would 22 take about an hour and a half to get rid of that water, 23 that's it. So if you have a foot of water with the pumping 24 system that we have, in an hour and a half it's gone. So 25 what that means is that we are going to get the use of that 31 1 MS. BELL: Presumably, the high water table 2 also helps take care some of that? 3 MR. VEIO: I'm sorry, I didn't here you. 4 MS. BELL: The high water table also provides 5 more of a moist soil condition than -- 6 MR. VEIO: That's true. When we put the 7 slurry wall in, it will tend to dry up the groundwater, but 8 it's still going to be fairly moist at the base. It will 9 stay that way. 10 MS. BELL: So some of the questions that you 11 didn't answer yet, are related to how much water will be 12 there when. So if you could address these, I think those 13 are primary concerns of the Board and the neighborhood the 14 time before. 15 MR. VEIO: Okay. 16 MS. BELL: In easy to understand language. 17 MR. VEIO: You're asking for a lot. 18 MS. BELL: I guess to make it simple for my 19 understanding is -- I would imagine there would be different 20 water amounts in the created wetlands versus the detention, 21 being that there might be more water more often in that 22 16-foot portion than in the 12-foot portion. Is that a 23 logical assessment? 24 MR. VETO: That's true, that's true. What I 25 have here are some tables to -- that you may have seen, but 30 1 MR. CHAPMAN: Okay. The other point I wanted 2 to make, you're talking about making tables out of metal. 3 I've seen some neat concrete ones that might be a thought. 4 MR. VEIO: We thought those would be ideal for 5 the picnic benches, they're heavy, they don't go anywhere, 6 you can anchor them down, and I haven't seen a pavilion 7 where they've done those that I like the aesthetics of it, 8 but I'd certainly be open to that. 9 MR. CHAPMAN: That's all I had. Thank you. 10 MR. BYRNE: You mentioned grass as far as 11 lining the pond, would that necessarily have to be irrigated 12 then, or how do you keep the grass alive? 13 MR. VEIO: The grass is -- first of all you 14 have the natural rainfall in the area which will keep it 15 going, obviously.. You have two sources of water on the 16 site. You"have the storm water which comes across the canal 17 and hits the riprap just on the embankment on this side of 18 the canal. Then it drains down here into this wetlands 19 area. 20 There is this other storm water pipe that 21 does the same thing from the opposite direction, so you have 22 it being fed by those two pipes. In addition to that, we 23 have an irrigation well on our property that allows us to 24 irrigate all this property if that amount of water isn't 25 sufficient. 29 1 ground. 2 The run off from the CSU Equine Center comes 3 across the road in a ditch, runs through a little wetland, 4 and then ends up either soaking into the ground or going 5 into the canal? 6 MR. VEIO: That's right. 7 MR. CHAPMAN: In the proposal that you have 8 before us, the rain that falls on the property will 9 essentially fall on impervious services, run off into the 10grass swells, be cleaned up to some extent there, and then 11 drop into the retention pond and be cleaned up further. So 12 it won't soak into the ground perhaps as much -- or it will 13 not soak into the ground as much as it does now, but will 14 end up the. ditch, cleaned, as will be the Equine Center 15 water. 16 MR. VEIO: That's right. 17 MR. CHAPMAN: Is that a good summary? 18 MR. VEIO: That'.s a very good summary: The 19 only thing I would add to that is in a storm -- a.heavy 20 storm condition, in the existing state, you get a lot of 21 overflow into the canal, and onto the adjacent properties. 22 That will not happen with this design. 23 MR. CHAPMAN: There will be flood mitigation 24 as a part of that. 25 MR. VEIO: Absolutely. 28 1 MR:.VEIO: There's a maintenance man that's 2 responsible for the entire site. Because of the size of the 3 development and number of homes that will be there, a 4 maintenance man can be on -site all the time as a resident 5 there. And one of their duties -- we have a long list of 6 duties that are identified, as well as spelled out in the 7 Storm Water Quality Management Report. 8 And. their duties are to check the pumps on a 9 regular basis, especially before we head into the rainy 10 season, and to make sure that they're operative. And then 11 if they're not, the ditch company suggested the first thing 12 you do is, you call me. And the ditch rider will be down 13 there in a flash. And if he cannot solve it, he said to 14 call this gentleman over here. 15 So there is a procedure, a definite 16 procedure, to make sure those things are always operative. 17 MR. GAVALDON: So that would be a part of the 18 homeowner's bylaws or declarations? 19 MR. VEIO: That's correct. 20 MR. GAVALDON: Okay. Thank you. 21 MR. CHAPMAN: Just a couple of -- really one 22 clarification, I guess, and then a point. Currently, when 23 it rains, the water runs across an open field that has some 24 grass in it, and eventually ends up in -- whatever runs off 25 into the canal. Some of it, no doubt, soaks into the 27 1 MR. VEIO: I think the depths are very 2 realistic.. I think the slides give you a very accurate feel 3 of what that depth feels like, and it doesn't feel like 4 you're down here in some coal mine or tunnel, you just don't 5 feel that way. 6 MR. GAVALDON: Do you have similar prevention 7 techniques in Denver that you have -- that your proposing 8 for the Fort Collins retention pond? 9 MR. VEIO: Prevention in terms of what? 10 MR. GAVALDON: The walls, the pumps -- 11 MR. VEIO: Yes, yes -- 12 MR. GAVALDON: Similar apparatus -- go ahead. 13 MR. VEIO: Yes. In the State Water Quality 14 Control Act, once a city reaches 100,000 in population, as 15 of the 1990 census, then it becomes subject to a lot of 16 these improvements that we are talking about here. Only 17 three cities in Colorado meet that test: Denver, Lakewood, 18 and Aurora. Fort Collins will be having to meet that test 19 in the year 2,000 at the next census. 20 So these standards don't apply to all the 21 municipalities as yet. 22 MR. GAVALDON: So on at the pumps and the 23 information that you had shared, what is the -- has there . 24 been any data about breakdowns, or any problems with impacts 25 on this retention pond in Denver? 26 1 detail, but I think that will give you the idea. Thank you. 2 MS. BELL: That concludes your presentation 3 then? 4 MR. VEIO: Yes. 5 MS. BELL: Are there questions by the Board? 6 MR. GAVALDON: I have one question if I may 7 ask. The Denver example, what is the square footage of that 8 that you showed.in your slides? g MR.-VEIO: I don't know the square footage. 10 They measure them in acre feet. That particular pond is 11 about five times the size of ours. 12 MR. GAVALDON: Our's is 167,000 square feet 13 according to the drawings. 14 MR. VEIO: I go by acre feet. So -- 15 MR. GAVALDON: So what is Fort Collins then? 16 I don't have it. 17 MR. VEIO: Ours .is about 14.2 acre feet, I 18 believe. 19 MR. GAVALDON: 14.2. So it's over 60 acre 20 feet the Denver one? 21 MR. VEIO: It's around 70-something acre feet. 22 MR. GAVALDON: 77 something. So the 23 perceptions and the depth and all that is somewhat relative? 24 Is that a fair assumption that you share -- that you agree 25 with? 25 1 worse than 100-year storm, we will never have water going 2 down the natural channel and flooding people down the 3 stream. 4 The major benefit to the city and to the 5 residents here of this type of system, is that you get 6 better water quality that's going into the canal than you 7 have now. And it's a flood control measure. And the city's 8 own studies for the West Palm Basin, the engineering 9 consultants estimated that it was going to cost $2.7 million 10 in property damage downstream over the next 50 years by 11 putting the retention pond in. 12 We don't have that problem. It will not 13 happen. All those residents will be saved that anxiety, 14 that trouble, that property damage. There are other 15 elements here that impact water quality. The water quality 16 outlet structure itself sits at the bottom of the wetlands 17 area. There is a riser pipe here that's perforated. 18 The size of these holes are determined 19 through other very complex engineering calculation to trap 20 particulate and filter water. In addition to that, we have 21 a steel mesh skimmer. We have gravel filters. So the water 22 that will pass through into this pipe and go into the canal 23 is much cleaner than it is today. So that's kind of a 24 summary. 25 We can talk about a lot of those things in 24 1 activity. 2 This little seven horsepower pump will get 3 rid of any water. Then there's a big, big guy here when we 4 get the flood. And that will pump it out at a very fast 5 rate, but it could take 8 hours to 24 hours depending on how 6 bad the storm was. Then we have grass swells that we are 7 putting in, again; these are kind of depressions in a 8 V-shape that trap storm water, stop, particulates. They rest 9 in the grass, and those that don't, will gradually work 10 themselves down into a detention area. 11 We have an underground storm sewer pipe that 12 traps the water from CSU. The big problem with the 13 development site isn't so much -the water that we are trying 14 to trap for our development, but it's all the water from 15 CSU. 16 CSU has never obtained an easement to drain 17 across this, property. We've discussed the issue with them. 18 We're getting somewhere, but we are not there yet. So what 19 we did is we designed this facility to capture all of CSU's 20 water, treat it; put it back into the canal for future use 21 downstream. 22 This detention pond as it now sits will hold 23 the 100-year storm. Twice the 100-year storm for our site, 24 and once the 100-year storm for the CSU water that comes 25 across. So we will never have, unless we have something 23 1 in run parallel to the canal here. And the first thing that 2 you do when you put your buildings in, is you develop these 3 grass buffer strips. 4 And what the grass buffer strips do, is they 5 filter the storm water as it runs across the property. 6 You'll get some kind of the particulates that come off the 7 roofs, especially in new construction. They drop in these 8 buffer strips and they get filtered out there. Then during 9 the construction phase, we have these gravel filter inserts 10 that are ahead of the storm sewer system which would end up it over here in the water treatment facility in the retention 12 pond. 13 But the gravel filters will stop a lot of 14 debris and particulate during the construction period. Then 15 this acts as a normal storm sewer throughout the rest of the 16 year after the projects built this area down in here, we 17 call the retention pond. This is really where this wetlands 18 area is going to be sitting, right about in here. 19 And this.is two to three feet deep, and it's 20 been designed by J.R. Engineering to make sure that•all the 21 water that's filtered through the wetlands here is treated 22 properly, and it's safe to discharge through this double 23 pumping system back into the canal after a major storm. It 24 works. There's two different size pumps in here.. One is 25 for minor storms which is about 91 percent of the storm 22 1 We can do this with our marketing program 2 where the ads will run in the newspaper. The public 3 relation's articles that we will be writing, talking about 4 how the canal is a natural resource and how to look at it, 5 and how to treat it. And then as we leave the project, 6 hopefully after it sells out, our Homeowners Association can 7 continue that message through all the residents, the 8 visitors that come there, and literature they pass out. 9 And the city has an excellent series of 10 pamphlets that address these issues about water quality and 11 what not to do, and how to treat pesticides and so on. And 12 what you are to do with cans and aerosols and. things like 13 that. That's all in a series of seminars that we'd be 14 putting on for residents. 15 So that's block number one. Block number 16 two, public and resident education. Is that sharp enough 17 for the audience to see? I wear glasses. I'm not a good 18 judge here. Is that better? Good. Okay. 19 MS. BELL: I just like to let you know that 20 you have about nine minutes. 21 MR. VEIO: Nine minutes? Okay. Thank you. 22 My engineer, Roger Meaden, is with J.R. Engineering and he's 23 in the audience here, and he can answer any technical 24 questions after I get through, maybe•when there's.a 25 cross-examination period. The bike paths that we're putting 21 1 saying that there are different techniques that we can use 2 in terms of site design to improve water quality and improve 3 water as it flows across the site. What we've tried to do 4 in this illustration is to point out all of the different 5 techniques that we're using on this site. It's very intense 6 storm water management techniques. 7 When you put them all together like this, you 8 create a synergy effect. When you have one of them alone, 9 it does this, you have another one, it does this, but when 10 you put them all together, the sum is greater than the 11 whole. And if the public would like to read the Storm Water 12 Quality Report, they'll get a clear understanding of that. 13 Basically what happens here is we get a 14 storm. Water goes down, starts to run across the property. 15 The first thing we try to do is to educate the residents and. 16 the public that storm water is not drinking water. The 17 canal is not drinking water, but it's a place that you don't 18 want to litter. And there's things you do not want to put 19 in the canal. 20 In the discussions we've had with the ditch 21 company, they have a long list of the problems that they 22 have maintaining the canal, keeping oil spills out of it, 23 and this, that, and the other thing. And the thing they 24 champion is education, education, education. So through our 25 sales office, we can educate everyone that comes on -site. 20 1 and they'll still stand up against a bad flood. 2 The other thing I learned is that as I 3 watched these people in the pond, they make a trip all the 4 way around the pond. And some of them come in from 5 different directions and access it and go down in the pond, 6 and they like�the idea of going around it. In our current 7 design that we propose to.you, we only show one access point 8 and one handicap trail going down to the base of the basin. 9 And I think what we need to do is to wrap 10 that around its slopes, and actually cut out a handicap trail 11 in the slopes, and wrap it around both sides, and then kind 12 of serpentine down on the base. And I can show you a sketch 13 of that if you like to see that. But I think it's real 14 important that people circulate through the pond, rather 15 than have it just go down to the bottom like we have it now. 16 Okay. So that's kind of my analysis of the 17 pond, and why I think it's a recreation facility. And I 18 think people will use it, and they'll have a lot of fun with 19 it. In the few minutes we have left, I'd like to give you a 20 quick overview -- what do we got here? We should have one 21 more slide. Well, let's try it this way -- there we go. 22 Okay. Now what we have here is what we call best management 23 practices. Now this is the kind of terminology that storm 24 water engineers use all throughout the country. . 25 And by best management practices, they're 19 1 up. So we would propose in our landscape plan, we would 2 change that and modify that so all the slopes would be 3 regular grass. 4 The other thing that the residents down there 5 mentioned was that they couldn't understand why we don't 6 have some kind of pavilion or covered area, so they could 7 get out of the sun on.a hot summer day or even out the 8 elements if things change. So one of the things that we 9 would propose in our plan, is putting a covered pavilion in 10 for picnic areas, for social gatherings, for family outings, 11 and things like that. 12 But we have to make it out of metal. And I 13 noticed one of our meetings earlier tonight, the metal is a 14 little sensitive depending on where it goes. The problem 15 that you get into is, that at some point the pond will have 16 water in it. There's going to be that 100-year flood or 17 that 50-year storm or 10-year storm, and the water is going 18 to rise. 19 And the residents said it only happened once 20 in Denver since they built it, but it rose, and it rose to 21 where you noticed there was a lot of water in there. So we 22 got to have something that will withstand that. Maybe it's 23 aluminum, or maybe it's a combination of some type of metal 24 that's impervious to rust,, or maybe it's fiberglass, where 25 we could put those pavilions out there and they can be used, 18 1 that -- are you going to put grass in that pond? And I 2 think in talking to our neighbors here, plus the neighbors 3` that were there in Denver -- absolutely you have to plant 4 natural grass. 5 And the reason that you do is that the type 6 of wild grass that's in a lot of the, ponds around town, if 7 you fall on it when you're a. little. kid, it picks you. It 8 sticks right in your hands. It's abrasive, you know, it 9 shouldn't be allowed. We should put natural grass in there. 10 So one of the -things we learned from them, for sure, is that 11 all the grass on the bottom will be kind of a bluegrass or 12 kind of a fescue variety. And it will be soft just like a 13 regular park. 14 The other thing that happens is on the 15 slopes. These slopes are also planted with natural grass. 16 And one of the residents who lived across the street said -- 17 I told her I was a developer, and I want to learn about this 18 thing and how to do it right. And she said, for Pete's 19 sake,, make the slopes grass too,so we can go out there with 20 a blanket, we can sit down, the kids can take a nap, we can 21 eat lunch, we can sit there and watch the view. 22 And in the wintertime, we can put our skis 23 on, we can go up or down or we can sled. The kids love to 24 sled here, but when they fall, even in the wintertime when 25 there's snow, on that natural grass, it just tears them all 17 1 to that direction, it goes to about 26 feet deep. 2 This is 10 to 15 feet deeper than the 3 detention pond that we're proposing. And I think if your 4 objective, and if you look at this pond, you have to agree 5 that what we're proposing can't possibly be anything other 6 than active recreation for kids or parents. Okay. This 7 distance right here is 26 feet. That's 10 feet to 12 feet 8 deeper than the park that we're proposing. 9 The total time that these people were in the 10 pond was less than an hour. They walked back out just a 11 different way that they came in. Now, they're up on the top 12 of the street there next to the houses, and they're walking 13 back home. Now one of the things that we learned -- I 14 interviewed these people because I wanted to see, as 15 neighbors, how do they use this park. 16 How often do they use it. How can it be 17 improved. How do they like it. And I learned something 18 there, and I learned that we need to make some changes in 19 the pond that we're proposing. The first thing that we 20 would do is that we don't want to plant natural grass. 'In 21 this park the City and County won a national award for -- 22 for public works because it's a flood control pond. 23 They won a national award for this project. 24 They didn't plant any natural grass. And I think.one of the 25 things that came out in our meetings with the neighbors is 16 1 look like happy kids. They're using the detention basin as 2 a recreation area'as active open space. They're having fun, 3 and moms, they're back there, and they don't have a care in 4 the world. They don't have to worry about their kids like 5 they would in a park. Now there depth right here, by the 6 way, that's 20 feet. That's 20 feet.. 7 So these people are walking at a depth of 20 8 feet below grade. And it's not objectionable space. Here 9 are the kids again. They're way out in front of mom. Mom's 10 way behind. You can't find them, and they're. safe. There's 11 no cars, nothing to bother them. And now they're going 12 deeper into the detention pond. Now they're approaching the 13 depth of about 22 to 24 feet. And mind you, our pond at 14 this' level is 12 feet maximum. So it isn't as deep. 15 Here's two other kids coming from the other 16 direction,. so they're interacting. They're playing in the 17 basin. It is an active recreation open space. It doesn't 18 have to have the perception that we think it does. Now we 19 get an idea of the group. The kids were playing. They 20 slowed down. They waited for moms to catch up. 21 We've got two moms with two babies and two 22 strollers, four kids ahead of them, and then we had some 23 neighborhood kids that they were interacting with. The 24 depth here is 22 feet. Right there it's 30 feet deep all 25 along here. It goes from 30 feet maximum depth. As it goes 15 1 December. So it's a nice gradual slope, and that's the same 2 kind of walkway that you're going to see in the bottom of 3 our pond and going down into our pond. 4 And as we see here, the couple, the two 5 parents with their.babies and children are making their way 6 down toward the bottom of the pond in the morning. Now here 7 comes another mom with her two kids walking down the bottom 8 of this pond, and it's 10:01, one minute later. So people 9 are using this in the middle of the day, and I didn't do any 10 kind of selective photography. 11 I just went over there in the morning and I 12 sat there and just said let's see what happens, and sure 13 enough people are using this place. And it's deeper, much 14 deeper than ours. The other thing that you notice here, 15 look how far ahead these kids are of mom. Two kids out 16 here, two kids out here, and when we see the close-up. 17 There's two moms there with two babies in strollers. 18 The point I'm trying to make is that children 19 in one of these basins, can fearlessly trot on ahead of 20 parents, and there's no danger from automobiles, there's no 21 danger from traffic, and there's no noise pollution. It's a 22 really quiet, safe place. And kids can run and play all day 23 long with no obstructions and no fear. Here's the little 24 kids that we're looking at off in the distance. 25 Now they look like normal kids to me. They N 14 1 the basement -- or the basin bottom. This basin is a 2 minimum of 15 to 16 feet deep. 3 Now, that would be the maximum ours would be, 4 and that would only be in where we are treating the water 5 quality and the wetlands area. Overall, ours is about 6 11 or 12 feet deep in the flat part, so it's 15 to 16 feet. 7 Now the pictures we're looking at, these ponds start 'at 15 8 to 16 feet, and they go to a depth of 29 to 30 feet deep. 9 And we'll see some close-ups of what that 10 relationship is between people who are using the park. 11 Thesepictureswere taken 10:00 a.m., Thursday, of last 12 week. And what we see here.-- what we see here are some 13 parents going down the handicap or bicycle trail like we 14 will have. And out in front of them quite a distance is two 15 small children. 16 Actually, at this distance you can't see them 17 too clearly, but.you will as we move on in the slides. Now 18 here at 10:00 o'clock in the morning, is a senior out there 19 doing a fast walk at 10:00 in the morning at the bottom of 20 the detention pond. Where you see him,.that depth is 20 21 feet, so that'.s 8 feet taller than the dry area in our pond. 22 The other thing 2'd like you to notice is 23 that these tree plantings are planted all along the slopes. 24 The slopes of this detention pond are the same as ours. 25 They're four to one,, not two to one as presented back in 13 1 One thing we should talk about is what our 2 product's going to look like. You know, there's a lot of 3 concern about are we going to be devaluating the 4 neighborhood. There's been some properties that have been 5 recently built around the neighborhood that I'm not real 6 pleased with, and I want the neighbors to know that we are 7 going to build quality type of housing that you see here. 8 This is what the bridge across the canal will 9 look like. It will have a Victorian theme as well as all 10 the architecture on the condominiums. We are going to 11 change the'roof profile on the condominium buildings here. 12 They'll have more of a Victorian Farm Architecture to fit in 13 with the Fort Collins location where it's at.. 14 And all the duplexes that will be.built will 15 have brick fronts as you see here. It will look just like 16 this product. We don't intend to change that at all. Now, 17 what I would like to show you here are pictures of a 18 detention pond that was built in the city/county of Denver 19 last year. It too, represents the current state of thinking 20 in detention pond design. 21 What I would like you to look at here is that 22 there are apartments and condominiums and homes which border 23 this basin, much like our property. It has houses that are 24 built on three sides of this basin. What we are looking at 25 here is a picture of walkway or bikeway that leads down to 12 1 that there was a better understanding of how these things 2 work, how ponds work, and how the water would be treated, 3 how the quality of water would be improved over the existing 4 water that goes into the canal today. 5 That was the impression I had. Then from 6 that point, what we wanted to accomplish was to look at 7 compromise, perhaps in the site plan. Look at some of the 8 other issues that bothered the neighbors. The neighbors' 9 primary concern was the perception of this retention pond 10 being a huge hole in the ground that wasn't going to do 11 anybody any good, would be worthless, would be an eyesore 12 and so on. 13 What I.'ve done tonight is I have some slides 14 I'd like to show you what a retention pond like ours will 15 look like. Whoops, wrong slide cassette. The other section.. 16 there. Sorry about that. We had three additional meetings 17 since February with the same three landowners. No further 18 representative from the Rogers Park Neighborhood, so I met 19 with Mrs. Anderson, her daughter, and Dennis Stinson. 20 And then our last meeting was with Mary's 21 daughter and her husband who really had some interesting 22 insights, and I think helped bring the issues together. Now 23 this is kind of an overview of all the different elements in 24 the water quality plan we have for the site. I'm going to 25 skip .ahead, and we will come back to this later. PJ 11 .1 issues. 2 Once we knew what the design issues were, and 3 we had the report put together, we asked Storm Water to hold 4 a meeting with the neighbors so we could present the storm 5 water report and the finding and overview to those .6 neighbors. So that meeting was held in early February, and 7 the people that were there were: Evelyn Anderson, her 8 daughter, Mary Davidson, Bill Roberts, Dennis Stinson. 9 These were the three closest landowners, plus 10 we had a representative from Rogers Park Neighborhood, who I 11 think is also here tonight. At that meeting, the objective 12 was to explain the report to them because it's somewhat 13 technical. 14 We wrote it in a fashion though more as an 15 educational document, so that any future citizen that wants, 16 to know what water quality is all about in terms of storm 17 water, what a detention pond is versus an extended detention 18 pond, or what a retention pond does, the differences between 19 those, and how you mitigate the water quality issues as a 20 developer or builder, would be in that report. 21 So it really is kind of an educational 22 document. And that's the reason we did it in the fashion 23 that we did. In our meeting we went through all different 24 tables. We addressed the issues that the neighbors had 25 about water quality. I went away from that meeting feeling 10 1 basin? Will it really function as a park? Will it look 2 like a park? Will people use it as a park? And then what 3 about water in this thing? Is it going to flow all the way• 4 up the top all the time? How.often is water going to get in 5 it? Is it going to be a dangerous place, a safe place? How 6 is that going to work? 7 Well, in order to answer those questions, we 8 undertook a fairly extensive engineering analysis of the 9 site, and those issues, the water quality, storm water state 10 of the art design, and so on. And put together the Storm 11 Water Quality Management Control Plan that you should have 12 had as part of your packet, as members. 13 I think the unfortunate thing is probably the 14 audience may not have read that, or had a copy, of that, and 15 they're not familiar. with a lot of the charts and.tables. 16 And if we have time, I have copies -- overlays of all those 17 tables that we can get into maybe on rebuttal. The other 18 thing I like to talk about is the ongoing discussions we've 19 had. 20 I think one of the things that became very 21 clear to me is that we were supposed to come up with a 22 win -win situation for the neighbors and ourselves as 23 developers. Well, we spent the first month of January 24 really looking at the issues that you asked us to.look at 25 and tried to design the site so that we could answer the 0 1 MR. WARD: I'm Eldon Ward with Cityscape 2 Urban Design, the planning consultant on this item. And 3 most of my brief presentation has just been covered by staff 4 and the Board questions as Bob said. The basic planning 5 decisions, for the most part, were made with preliminary and 6 the final is in substantial conformance with the 7 preliminary. 8 To my knowledge, nothing on the site plan has 9 changed except the detail design around the detention pond. 10 And Bill Veio, the applicant, is going to give a detailed 11 presentation in that area. So there are other members of 12 the planning and engineering team that are here to answer 13 questions. 14 But I think Bill is going to give the more 15 detailed presentation on the specific issues that we're 16 still talking about that led to tabling it in December. 17 1MR. VEIo: We have some slides that I hope 18 will give you an impression of what this retention pond will 19 look like, and then also explain how the water quality 20 features work on the site and so on. When we left our 21 meeting last December, we got a copy of videotape just to 22 make sure we understood what the issues were at that time. 23 And the issues, I felt, that we were supposed 24 to answer was the storm water quality retention basin 25 appearance. Now, how is this going to look as a retention 8 1 issues; isn't that correct? 2 MR. BLANCHARD: Yes. The land use was 3 decided at preliminary, so that's not an issue any more. 4 Basically the layout was decided at preliminary, and there 5 was some change in the design of the detention or retention 6 area that affected the layout. Those decisions had already 7 been made. 8 The December discussion focused on mostly the 9 storm water issues, and the water quality issues, and how 10 that pond was going to function. And whether or not a ten 11 feet deep hole was really a recreation area. 12 MR. BYRNE: And then you mentioned there are 13 some differences, that I assume, that we're going to hear 14 about those as we go forward. 15 MR. BLANCHARD: Right. I've explained the 16 differences in the design of the pond, in terms of side 17 slopes depth, and if there's additional changes, I think the 18 applicant's consultant will make sure that you're aware of 19 those. 20 MR. BYRNE: Well, what I was referring to is 21 the differences between neighbors and -- those differences. 22 MR.'BLANCHARD: Oh, you'll hear those. 23 MR. BYRNE: Okay. 24 MS. BELL: Okay. We're ready to move on to 25 the applicant's presentation then. J 7 1 So it's going to be like a separate area where the water 2 can't infiltrate, and it can't go out either one. It will 3 be all controlled, and that cutoff wall will go down to 4 bedrock which is -- actually the pond goes even deeper than 5 bedrock, so it will be somewhat into bedrock. To give you 6 all the details, I think I'll let the applicant get into all 7 his charts and better diagrams of it. But that's pretty 8 much it in a nutshell. If you have any, questions, I'll be 9 glad to answer them. 10 MR. BLANCHARD: Madam Chair, procedurally 11 too, the other point to make since the last hearing is that 12 our neighborhood resources center has facilitated at least 13 two neighborhood meetings with the applicant that I'm aware 14 of in an effort to resolve the issues, and they didn't work 15 out. And so that's why we're back here tonight with the 16 proposal as it's changed from the December meeting. 17 But there had been an effort to facilitate 18 and mediate some of the differences, and so there has been a 19 number of things going on in the interim two -month period 20 that you should be aware of also. 21 MS. BELL: Does the Boara nave any questions 22 of Glen or Bob right now? 23 MR. BYRNE: Just a point of clarification. 24 we continued this because some of the things.that.you just 25 mentioned, so what we are here to talk about are just those C= 1 MR. SCHLUETER: I was trying to find a design 2 or a site plan that would show it a little bit more clear. 3 I'll just describe it. Basically, what they've done there, 4 as you can see in your packet, there's the water quality 5 control plan that he has included in that. That is a pretty 6 comprehensive review of where water quality is these days. 7 And actually this is a very similar thing 8 that we are going to have in our manual, once is comes out 9 this year. As far as what he is doing on the site for water 10 quality, besides disconnection of impervious services on the 11 site -- which we haven't got a lot of that detail yet. But 12 the main part of the system would be the retention and part 13 of the component of -- I guess it's a retention, detention 14 pond depending on how you want .to look. at it. 15 That lower point of the pond will capture, 16 what we call a water capture volume, and treat it in that 17 part of the pond before it's pumped into the irrigation 18 ditch. And also the oils will be separated off, as well as 19 the sediments. So this is really pretty much the 20 state -of -art water quality as we know it today. 21 The additional issue was about ground 22 water -- because the groundwater we had seen slides•before 23 where the groundwater was like 18 inches below the surface. 24 To address that, what they're planning to do is a cutoff 25 wall completely surrounding the pond, I guess you would say. 5 1. also. 2 The memorandum goes into the definition of 3 the recreational use from the guidance system. And unless 4 there's questions on that, I didn't intend to go over that. 5 But what I did was -- I determined that it was appropriate 6 to subtract and not count the area that is labeled as 7 created wetlands as part of the recreation space, so they 8 recalculated the total area, minus the created wetlands as 9 well as the side slope areas that were directly associated 10 with that area. They reduced the number of points claimed 11 for recreational uses from ten to eight. Still gave them a 12 total of a hundred and three points which allows them to 13 develop it over ten units per acre which was their request. 14 So unless there is specific questions on the recreational 15 interpretation, Glen can briefly summarize the storm water 16 related issues, and we can get right into the applicants 17 description or any Board questions that there might be. 18 MS. BELL: Excuse me, Bob, so just to make 19 sure that I understand you. In essence, you only used the 20 detention portion to calculate? You didn't use the side 21 slopes or the created wetland? 22 MR. BLANCHARD: I used the side slopes 23 associated with the detention area, but I subtracted those 24 that were associated directly with the wetland areas. 25 MS. BELL: Okay,. 4 1 analysis, take away a couple of points that had previously 2 been approved because of this redesign; however, the fact is 3 that on the point chart he still obtains a total point count 4 that allows him to develop at the density that he's 5 requested, so it didn't impact that. 6 But to summarize real quickly the changes to 7 the pond that were submitted back to the City, the depth of 8 the pond was increased, it had previously been 10 feet deep, 9 and it was increased to 12 feet. And the -- in an area that 10 on your large site plan handouts,. an area that was called 11 created wetlands. It actually is a depth 16 feet. 12 And what that's done is create a detention 13 area'-- a detention area on the 12 foot depth. And the 14 retention area is focused into the wetland.area at 16 feet. 15 The side slopes had been decreased. They had previously 16 been a two to one ratio, they're now a four to one ratio. A 17 five-foot path, walkway path, has been provided down the 18 sloped area on the north side of retention area to provide a 19 paved access to the part that we are calculating and 20 allowing the recreational points to be claimed for. 21 You might note on the site plan that the 22 landscaping had been rearranged slightly, but the fact is 23 that the numbers of types of trees have been retained from 24 the preliminary. And also the fact that a couple of picnic 25 tables have been added to the floor of the retention area 3 1 As you recall it, the December meeting when 2 this was continued, the specific discussion item centered 3 around the fact that the detention pond had turned into a 4 retention pond. And considered the design of that pond, and 5 focusing on the -- what I call the actual feasibility of the 6 pond, it's functionality, in other words, what impact does 7 the depth of the pond have on the groundwater? 8 Will the underdrain system back water into 9 the sanitary sewer bedding? In addition to that, which was 10 the primary discussion, there were a couple of additional 11 issues that included the issue of water quality, the fact . 12 that the water from the retention pond was to be pumped into 13 the ditch and the impact that would have on downstream 14 users. 15 And also the question came up about the 16 ability of retention pond to meet the requirements of the 17 residential uses point chart as it related to recreational 18 open space. What I like to do is discuss my interpretation 19 of the ability of that pond to meet the recreational active 20 open space parts of point chart and turn it over to 21 Glen Schlueter to discuss the groundwater issues and the 22 water quality issues real quickly.. 23 The applicant made a number of changes in the 24 design of the retention pond that affects its recreational use. 25 And the ultimate result of that was that I did, in my M 2 1 MS. BELL: We are ready to take up the matter 2 of Scenic Views PUD, final request. Bob? 3 MR. DAVIDSON: I'm going to step down because 4 I have a conflict of interest. I live in proximity to this 5 development. and received notification, and I also have 6 problems with it. So I'm going to step down and play Joe 7 Citizen. 8 MS. BELL: Okay. I guess that leaves us 9 still with four, so we can make decisions, but just barely. 10 Okay. Well, let's begin then with a staff presentation to 11 bring us up to date on this project. 12 MR. BLANCHARD: Good evening, Madam Chair, 13 members of the Board. I inherited this project after Mitch 14 left for the mountains a couple of months ago. And what you 15 have in your packet just as a way of. summary, is a memorandum 16 that Glen Schlueter and I prepared in direct response to the 17 motion for continuance in December trying to address those 18 issues that were specific to the motion. 19 I did not amend the staff report. It is. 20 attached in the packet, but rather than amending the staff 21 report, we tried to address the issue straight on in the 22 ordinance. What I like to do is briefly summarize that 23 ordinance -- or the memorandum, and then we can turn it over 24 to the applicant. Well, we can answer any questions, then 25 turn it over to the applicant as well as the citizens. MEETING BEFORE THE PLANNING AND ZONING COMMISSION Held Monday, March 10, 1997 At Fort Collins City Council Chambers 300 West Laporte Avenue Fort Collins, Colorado Concerning Scenic Views, PUD, Final Request Members Present: Gwen Bell, Chairman Alex Chapman Jerry Gavaldon Mike Byrne Bob Davidson (recused) For the City: Bob Blanchard, City Planning Office John Duval, City Attorney's.Office Glen Schlueter, Engineering Department