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HomeMy WebLinkAboutREGISTRY RIDGE PUD, PHASE I - PRELIMINARY ..... APPEAL TO CITY COUNCIL - 32-95A - REPORTS - APPEAL TO CITY COUNCIL1* 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17. 18 i9 20 21 22 23 24 25 176 STATE OF COLORADO ) REPORTER'S CERTIFICATE COUNTY OF LARIMER ) I, Jason T. Meadors, a Certified Shorthand Reporter and Notary Public, State of Colorado, hereby certify that the- foregoing hearing, taken in the matter of Registry Ridge ODP and Registry Ridge Preliminary PUD, was held on Monday, December 11, 1995, at 300 West Laporte Avenue, Colorado; that said proceedings were transcribed b5 me from videotape to the foregoing 175 pages; that said transcript is, to the best of my ability to transcribe same, an accurate and complete record of the proceedings so taken. I further certify that I am not related to, employed by, nor of counsel to any of the parties or attorneys herein nor otherwise interested in the outcome of the case. Attested to by me this 2nd day of February, 1996. JaPh T. Meadors 5, West Oak Street, Suite 500 Fort Collins, Colorado 80521 (303) 482-1506 My commission expires January 6, 1997. 061 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 175 THE CLERK: Carnes. CHAIRMAN CARNES: Yes. We have preliminary approval.of Registry Ridge PUD Phase 1. (Matter concluded.) .: 0 b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 174 street, I guess for those who are fear -challenged, they could use that facility, and it would .be a six-foot wide combination of bikeway, pedestrian way.So I guess I'd offer -- MS. MICKELSEN: Intended it to be a bike and pedestrian surface. CHAIRMAN CARNES: And that would be six feet? MS. MICKELSEN: That's what -- MR. ECKMAN: City standards would require it to be eight to twelve feet wide if shared by bicycles and pedestrians. 4 CHAIRMAN CARNES: Okay. So -- MS. MICKELSEN: Joy, joy. CHAIRMAN CARNES: Okay. So we've got that clarified. Roll call, please. THE CLERK: Bell. MS. BELL: No. THE CLERK: Mickelsen. MS. MICKELSEN: Yes. THE CLERK: Colton. MR. COLTON: No. THE CLERK: Davidson. MR. DAVIDSON: Yes. THE CLERK: Strom. MR. STROM: Yes. 173 1 had detached sidewalks. 2 CHAIRMAN CARNES: That's what I said. If you 3 accepted -- 4 MS. MICKELSEN: Just checking. 5 MR. COLTON: She said she agreed to that 6 amendment. 7 CHAIRMAN CARNES: I thought you did not agree to 8 that -- 9 MS. MICKELSEN: I -said I didn't like it, but that 10 I would agree to it. Is that how everybody else sees it? 11 CHAIRMAN CARNES: It's getting late. So since 12 it did not carry -- 13 MS. MICKELSEN: Why don't I make another motion? 14 CHAIRMAN CARNES: Okay. 15 MS. MICKELSEN: I make a motion for approval of 16 Registry Ridge PUD Phase 1 preliminary, with the -- with 17 the -- excuse me -- conditions by staff, and the condition 18 that there be a detached sidewalk connecting to the nearest 19 city sidewalk, which is the Shields Street towards the 20 north. 21 CHAIRMAN CARNES: Do we have a second? 22 MR. DAVIDSON: Second. 23 CHAIRMAN CARNES: That was not the amendment I 24 offered. It also included a bikeway. But considering what 25 I'm hearing about City standards, applying those beyond the r: 172 1 motion stands unamended, and are there any further questions 2 or comments or discussion? If not, roll call, please. 3 THE CLERK: Strom. 4 MR. STROM: Yes. 5 THE CLERK: Bell. 6 - MS. BELL: No. 7 THE CLERK: Mickelsen. 8 MS. MICKELSEN: Yes. 9 THE CLERK: Colton. 10 MR. COLTON: No. 11 THE CLERK: Davidson. 12 MR. DAVIDSON: Yes. 13 THE CLERK: Carnes. 14 CHAIRMAN CARNES: No. 15 The motion did not carry. The motion failed. 16 Do we have another motion? 17 MS. MICKELSEN: Well, let me just get this 18 straight, Gary. We just went through all this because of an 19 amendment you made to my motion. 20 CHAIRMAN CARNES: I did not make an amendment to 21 your motion. 22 MS. MICKELSEN: A friendly amendment? I'm just 23 kind of curious where you stand. 24 CHAIRMAN CARNES: I'm not changing my position. 25 MS. MICKELSEN: You supported this project if it 171 1 amendment as restated or not? 2 MS. MICKELSEN: I don't know. I don't know. I 3 mean . . . if their Engineering and our Engineering comes 4 back and says there are areas where it's infeasible -- if 5 that's correct verbiage -- to have it detached, then I guess 6 I kind of question where that puts you. I mean, if they 7 literally say, we can do it detached to this point, and then 8 it's got to go attached, because of topography or land 9 ownership. 10 CHAIRMAN CARNES: With your permission, Mr. 11 Eckman? If we have a condition that a detached sidewalk, 12 bikeway, be constructed between this development north on 13 Shields, and connect with the other sidewalk, the existing 14 infrastructure, and that turns out not to be feasible," then 15 this Board, what options would it have at that point? 16 MR. ECKMAN: You could amend the condition, change 17 the condition. If.the condition required the detached 18 sidewalk, bike path, though, and it became impossible to do 19 that, you could either deny the project because it failed to 20 comply with the condition or you could change the 21 condition. You couldn't approve it without changing it, 22 though. 23 MS. MICRELSEN: I don't like it, but I'll do 24 it. Sorry. 25 CHAIRMAN CARNES: If there are no further -- the 168 1 CHAIRMAN CARNES: Okay. So the question is, 2 with the improvements on Trilby as now proposed would be 3 accepted by the City include sidewalks on Trilby? 4 SPEAKER: Would you repeat that, Gary. 5 CHAIRMAN CARNES: Okay. Before this discussion 6 of requiring detached sidewalk, bicycle path, north along 7 Shields, connecting this project to existing sidewalk, . 8 bikeway, infrastructure, before we even got into this, is 9 the City, as a matter of their standards, going to require 10 that sidewalks be built along Trilby Road -- for that 11 matter, along Shields, contiguous with this development?, 12 And contemporaneous with this development? We need some 13 help here. 14 SPEAKER: To answer your question for contiguous 15 to the development, yes, sidewalks would be required along 16 both Shields and Trilby. The issue over whether we require 17 off -site sidewalks or bike lanes or whatever we want 'to call 18 that, that is the thing at issue. 19 The City Code talks about off -site improvements 20 being required to handle automobile traffic. It doesn't 21 mention at this time sidewalks and bike ways. But it also 22 does require that the minimum off -site improvement be a 23 36-foot roadway, which, with a two-lane roadway, you can get 24 six-foot shoulders on that. 25 So I think in the PUD process, I'm assuming, if 167 u 1 about along Trilby Road, if we're needing to get extra land 2 there, are we going to have to be abutting into some of 3 those lots that are along there? And does that change -- 4 change something? 5 MR. STROM: I guess I would argue it's 6 connected. It;doesn't necessarily have to be connected both 7 places. It should be connected -- my preference that it 8 would go north on Shields, because I don't know who's going 9 to want to get over to College Avenue to ride a bike, 10 anyway. I don't know.. I certainly haven't investigated it, 11 and I assume the Engineering people would be looking at that 12 as part of the off -site improvements program. 13 SPEAKER: The proposal, as it stands, is to go 14 north on Shields only, not Trilby. 15 MS. BELL: I guess one of my concerns, clear 16 back,.several hours ago, was that the way these projects are 17 connecting up, it is feasible that someone might want to get 18 from that project down to the other, into that red zone 19 there, where some other commercial types of things'are going 20 on. And I think some sidewalk -- I mean, sidewalks are 21 around in every -- in my neighborhood, we have a sidewalk on 22 College Avenue, detached sidewalk, so people, you know, can 23 walk along there. I guess I don't understand why this 24 project is being exempted from that. Because it is in the 25 city. 166 1 understanding of what the amendment I proposed. It was for 2 detached all the way. I don't know what the maker of the 3 motion understood. 4 MS. MICKELSEN: I am the maker of the motion. 5 CHAIRMAN CARNES: You're the maker of the 6 motion? Okay. You seconded the motion? Okay. I guess if 7 that's unacceptable to you, then it's unacceptable. 8 MR. STROM: I think, if I would try to mediate 9 this. It seems to me that the optimum is to have it 10 separated, as long as it's a high-speed highway. And I'm 11 comfortable with that motion, because I know that when we 12 get to the final, if there are problems with it, and they 13 can demonstrate with reasonable evidence that it can't be 14 done or shouldn't be done in certain places, we will have 15 the option at that point of saying, you're right. You don't 16 need to do it all the way. And so that's why I'm 17 comfortable with the amendment as proposed. 18 MS. BELL: Just to make sure I understand this. 19 Are we are talking about along Shields and Trilby or just 20 along Shields?. 21 CHAIRMAN CARNES: We're talking about to the 22 existing sidewalk, bicycle path, infrastructure, existing 23 today. 24 MS. BELL: On both Trilby and Shields. I guess 25 the reason I'm bringing this up is because if we're talking 165 1 MS. MICKELSEN: I do think that if we rely on 2 the engineering staff and the City and the engineering staff 3 from the applicant to provide the safe and adequate design 4 for that walkway, bicycle way, then that should be enough. 5 CHAIRMAN CARNES: That's all we're asking. 6 - Further discussion? Comments? 7 MR. DAVIDSON: I would only support a divided 8 walkway also or bikeway also, for a couple of reasons. One 9 rea5on, cars travel down there at 60, 70 miles an hour, and 10 I would want to have a lot more than six feet of space on 11 the shoulder. Those shoulders aren't maintained very well 12 for the bicycle lane to begin with. That's pretty evident 13 from -anywhere you ride around in town. I think the shoulder 14 concept for bicycle travel is -- needs a lot of improvement. 15 MS. MICKELSEN: I'm not -- the motion I'm 16 supporting does not include a separated only bike path. I 17 think that's where it's possible and feasible, but where it 18 is not, I mean, I'm not willing to deny a project because 19 there's steep parts on the shoulder area and they cannot 20 get, you know, a detached six-foot bike/walkway.: 21 MR. DAVIDSON: Show me strong evidence they can't 22 do it in spots. 23 MS. MICKELSEN: That's why I'm relying on 24 engineering on both sides of the table to do it. 25 CHAIRMAN'CARNES: Maybe there was not a clear 164 1 MR. VAUGHT: Right. 2 CHAIRMAN CARNES: For final approval. 3 MR. VAUGHT: Right. Exactly. 4 MR. STROM: I guess I would just say, they 5 always have the option of coming back at final and saying, 6 there's some places here we just can't do this. Can we talk 7 about it. 8 CHAIRMAN CARNES: Right. 9 MS. MICKELSEY, Because I can think of some 10 areas on Shields that are very steep and that -- can imagine it putting a detached six-foot sidewalk would be kind of hard 12 to do. I also think that people who ride their bicycles 13 down that road, to some extent, must know what they're 14 getting themselves into. If I ride my bike down that road, 15 I know the speed of the traffic, because I drive my car down 16 that road. So I'm not going to make any assumptions that 17 once we put in a nice, meandering bikeway, that the safety 18 issues are going to be any different than they are now. 19 CHAIRMAN CARNES: Well, it's not safety, but 20 it's -- you know, we have -- trying to expand the range 21 of -- where we're seeing mobility options for people of all 22 ages and conditions and what have you, and to approve 23 something that may be -- because of our rules, an island, 24 except by getting in and out by four -wheeled vehicle, I just 25 can't -- that was the reason for my amendment. 163 1 CHAIRMAN CARNES: And also, staff input, 2 Engineering, as far,as how to make this clear to everyone 3 involved? 4 MR. VAUGHT: I think the street cross-section 5 that has been submitted to. engineering, and granted, we're 6 at -preliminary stage, they're reviewing it: It's your first 7 opportunity to voice your concerns. It's preliminary. But 8 the section that was submitted was two continuous north and 9 •southbound lanes and a six-foot paved bike lane on each side 10 of the road. If there's a desire to detach it, that does it create some problems in certain areas where the slopes are 12 more extreme, but it's a six-foot bike lane. It's much 1.3 better than what exists today that Mr. Colton referred to. 14 CHAIRMAN CARNES: I understand, but also, I 15 frequently travel that area, and I'm familiar with the 16 speeds and the situation there. So if there's a feasibility 17 problem, then I guess we need to know it now, if it might 18 save everyone a lot of time and trouble. Otherwise, if it 19 seems to be feasible from your -- the applicant's point of 20 view. and the city staff's point of view, then that's.-- 21 MR. VAUGHT:. We have no problem with your 22 friendly amendment, exploring what options that we have. 23 CHAIRMAN CARNES: Well, it was more than 24 exploring options. It certainly includes exploring options, 25 but it.is a requirement. , 162 1 MR. COLTON: I disagree with that 2 wholeheartedly. I try to ride my bike into Loveland several 3 days a week in summer, and the County just put in this great 4 road, and by the.way, they put a sign next to it, saying the 5 bike lane will come next year, and that comes to about this 6 location. Then you've got like about a three-inch shoulder 7 from there to the rest of the city. I'm not going to go 8 riding 'down there, even for that one mile, to get to the 9 nice bike lane, unless they put in -- unless.we get this 10 bike lane put in. So I think it really makes sense. 11 MR. STROM: I'm confused. Are you supporting 12 that? 13 MR. COLTON: Yes. Supporting what Gary said, 14 amendment. 15 1 MR. STROM: That's what I thought you said at 16 the end, but I wasn't so sure in the beginning. Thank you. 17 CHAIRMAN CARNES: Any further discussion? 18 MS. MICKELSEN: So, Gary, this sidewalk is not 19 just a sidewalk but a sidewalk slash bike path? 20 CHAIRMAN CARNES: Yeah, it's got to be separated 21 from the road by a reasonable distance so it's safe, because 22 I don't want any pedestrian or bicycle casualties on my 23 neck. 24 MR. LUDWIG: Would the applicant have some 25 additional input that may help resolve this? 161 1 your chances of surviving are about 95 in a hundred. If 2 you're hit at 40 miles an hour, your odds of surviving are 3 about 15 in a hundred. And I think people know that, so 4 they avoid the margins of .roads like this. And as part of 5 this following the rules, the City and/or the developer has 6 a responsibility for providing those connections, especially 7 when we have intervening open space and other things that 8 the City as a whole values. And I just -- I have a lot of 9 trouble supporting a proposal which may leave who knows how 10 many thousands of people stranded with no means of getting 11 in and out of here, other than probably a four-wheel 12 vehicle. And so I would make a -- I want to make a friendly 13 amendment here to require the connection of this development 14 through the nearest existing city sidewalk and be some type 15 of path that's separated from the road, and I don't really 16 care which side it is or what's involved, but•I would not 17 support this motion without such a condition., 18 MR. STROM: I•don't have a problem with that. 19 MS. BELL: I guess I'm a little confused to go 20 along with this as to why there isn't -- every place else in 21 the city, we require sidewalks. 22 CHAIRMAN CARNES: The --.would the seconder -- 23 MS. MICEELSEN: That's fine. 24 CHAIRMAN CARNES: Discussion? Further 25 discussion?'' 159 1 degree for the loss of their property -- 2 MS. WAMHOFF: Yes. If there's a right-of-way 3 that needs to be purchased, it would be purchased for that 4 right-of-way. But then also, too, if the City builds the 5 improvements, the City can request a reimbursement 6 agreement, which means at the time he develops, he needs to 7 reimburse the City for paving and improving his frontage to 8 the arterial section, whereas if he developed, he would be 5 paying for that already. Is -that clear? 10 CHAIRMAN CARNES: Other Board comments, 11 questions? 12 MS. MICKELSEN: I just have been pondering this 13 business about existing and approved. I think a lot of what 14 goes behind the word "existing" and "approved" are, things 15 like -- well, let me look at it the other way. You can't 16 put the day-care center out in the middle of nowhere and 17 expect people to come, although I suppose they would if they 18 were driving by. There are certain things you can't expect 19 to be there first, whereas there are also things like 20 shopping that, shopping centers, things like that, that are 21 on this .list that are pretty major -- major activities, 2.2 major expenses, major things that if you get some sort of 23 sense that this thing is going to happen, that -- that 24 that's a part of why they are allowed to use that as an 25 existing or approved regional shopping. And I'm just trying 158 1 understand that this development is -- because he was 2 talking about what happens on one side of the street 3 versus the other side, and it typically has been the 4 responsibility -- I know I'm a county resident. We end up 5 having to pay our share of having to widen the roads when 6 these sorts of things occur. So I'm just curious on his 7 behalf as to what's happening there. 8 MS. WAMHOFF: Okay. At the time, if he developed 9 his property, he would be responsible to do the improvements 10 along his frontage. If somebody does come in and widens it 11 to the arterial standards with a curb, better sidewalk, and 12 such, they may request a reimbursement agreement, which will 13 require that at the time he redeveloped his land that he 14 would be responsible to pay for those improvements that were 15 done, with a payback agreement. So until the time that he 16 redevelops, there would be no money or exchange of funds. 17 MS. BELL: So the road can go in there based 18 upon what he may choose never to redevelop. his land -- 19 MS.'WAMHOFF: He may choose -- he may choose to 20 do that, but like if the City came in and expanded the road, 21 then the City could put in a reimbursement. agreement so at 22 the time that it ever became redeveloped he would have to 23 pay for those improvements. 24 MS. BELL: So like the Prospect and Shields area 25 where those property owners have been reimbursed to some 157 1 course in this one as well, and'if I had my druthers, I'd 2 say, develop .the park,. because it's going to take the City 3 forever for do it, but that's just my. opinion. Thank you. 4 CHAIRMAN CARNES: Other Board questions, 5 comments? 6 - MR. STROM: Just a little bit of followup. Part 7 of the question that Glen asked was not just what will be 8 developed but when in terms of street improvements. And the 9 question has to do with whether -- whether that waits till I ' 10 after the people are there or whether that has to be done at 11 the front end so that the improvements are in place when the 12 people come. 13 MS. WAMHOFF: Basically, the improvements will 14' have to be done at the front end. As part of the 15 development agreement, we usually require all street 16 improvements, public improvements of any sort, which 17 includes drainage, streets, water, sewer, and those types of 18 facilities to be in place prior to more than 25 percent of 19 the building permits being allotted. So that requires that 20 those improvements be completed before a majority of those 21 units receive building permits. 22 MS. BELL: Regarding.the improvements on Shields 23 Street, and Trilby, I guess, will the property owners, such 24 as the gentleman who spoke earlier, will he be required at 25 some point to contribute to the street widening. Or do I 156 1 cross -sections and cross -falls and slopes and everything 2 look like, because we may have a general idea of what the 3 layout is, but we may not have exactly enough -- we do not 4 have any sort of street plans or anything at the time that 5 preliminary comes in. 6 - MR. COLTON: So you don't know whether to add 7 one lane and a lane or a bike path? 8 MS. WAMHOFF: Not at this time, no, not exactly. 9 They've submitted something in within the last couple weeks 10 of their proposed improvements, off -site improvements, and 11 we're. starting to look at those and evaluate those and see 12 what we need. As far as offset improvements, we are limited 13 in what we can require based on the City Code, and so that's 14 what determines what we can -- we can get. We cannot 15 require full arterial improvements off -site. But we will 16 require those improvements adjacent to their site, because 17 we can do so. 18 MR. COLTON: It's a little confusing, then, isn't 19it? Okay. And just one other question. I appreciate the 20 fact that the developers are donating the •park land, but one 21 thing of concern to me in general is, how many years is it 22 before those parks ever get built? In my experience, I've 23 lived in my house for six years, and the neighborhood park 24 has not been built, and I'm kind of wondering about the 25 adequacy of public facilities in general in the city, and of 155 1 CHAIRMAN CARNES: What we're questioning is the 2 statement here that we've given five points for connecting 3 to the nearest existing city sidewalk and bicycle path/lane. 4 MS. WAMHOFF: What it would be, it would not 5 actually be a sidewalk. It would be a shoulder area 6 alongside of the roadway that could be dedicated to bicycles 7 and pedestrians, but it would not be a concrete sidewalk. 8 But it could be a com -- pedestrians could walk along it, 9 but it would be more of a bicycle way. 10 CHAIRMAN CARNES: Doesn't sound like a sidewalk 11 to me. Thanks. 12 MR. COLTON: Just a question on that. At what 13 time does the road actually get improved, toward the 14 beginning of the development, towards the end of it? 15 MS. WAMHOFF: What do you mean by approved? 16 MR. COLTON: Well, I understood to be widened -- 17 MS. WAMHOFF: Well, right now we.know that -- is. MR. COLTON: Bike.lanes. 19 MS.'WAMHOFF: Okay. At this time, we're looking 20 at preliminary, and we•know that improvements have to'be 21 made, but we haven't looked at exactly what those 22 cross -sections will be. We'11'look at those in more 23 detail. At the time.it was approved for preliminary.. We 24 try to work those out prior to final and sometimes even 25 finish working that out after final and exactly what those 154 1 MS. BELL: And how about the sidewalks? We're 2 only -- what was the maximum amount -- amount of points that 3 that could receive? 4 MR. LUDWIG: I believe it's 15 points in that 5 category. 6 - MS. BELL: So you just gave it five because the 7 bicycle part is connecting, not the sidewalk. 8 MR. LUDWIG: Right. 9 CHAIRMAN CARNES: I'd like a clarification on 10 that, because the staff report indicates the sidewalk and 11 bicycle pathway. 12 MR. LUDWIG: I'll have to ask for clarification 13 from the Engineering Department. That is a difference in 14 what I've been under the impression, as far as full 15 improvements going to there. I don't know if Sherry Wamhoff 16 is here. I believe she is. Once again, in our review, it 17 was my assumption that, yes, the sidewalk -- it was stated 18 that public improvements would be connected through. Now, 19 if that varies according to the -- 20 CHAIRMAN CARNES: It says existing. to the 21 nearest existing city sidewalk. 22 MR. LUDWIG: Right. 23 MS. WAMHOFF: I think I can kind of address it. 24 I heard most of the question, as far as off -site, is that 25 what we're talking about, on Shields? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 MR. DAVIDSON: So that we interpret whichever way it suits our purposes. CHAIRMAN CARNES: comments? I don't agree with that. Are there more questions, 153 MS. BELL: Yeah, I'd just like to be reminded on number P, on the five points there. I guess that's because of the bicycle path that's going to go through, -- this property, per se, does not hook up to anything. But I guess this property is'fjoing to be -responsible for taking the path from its boundary through all the rest of it on to the existing? MR. LUDWIG: They're going to be connecting, as far as that bike path goes, all the way,to Clarendon Hills, as part of their final PUD, as well as there are connections from the cul-de-sacs, proposed cul-de-sacs, on the north end -- north edge of the property. MS.. BELL: These maps are not very good in terms of helping us see how all this works. 19 MR. LUDWIG: There are connections from the ends 20 of these cul-de-sacs out to Trilby, which will have a bike 21 path lane, as well as going up Shields Street to Clarendon 22 Hills, where the existing is. 23 MS. BELL: So.that's the connection -- 24 MR. LUDWIG: Yeah, as well as having that 25 continue on through the development. 152 1 points. 2 Other questions, comments? 3 MR. DAVIDSON: I'd also like to take issue with 4 the child care center, because the wording does not say 5 undeveloped, the plans, or proposed. It says 1,000 feet of 6 'child care center. I don't think it deserves five points or 7 five percent, because if you look at the wording for your 8 other density chart criteria, as an example,, for A, 2,000 9 feet of an approved, but not constructed. 5hey spell it 10 out. Okay. 11 You go down to C. Existing or approved regional 12 shopping center. D. Publicly owned but not developed. And 13 then the next line down, whether developed or not. 14 I think, clearly, if it doesn't add the comment 15 "whether developed or not," then it doesn't get that 16 credit. And I think you definitely totally misinterpreted 17 that statement, and I think it should be stricken from the 18 earned credit. 19 MS. MICKELSEN: I would disagree. I don't have 20 mine sitting in front of me, but if it doesn't specify that 21 it's for an approved, it doesn't not specify. And I don't 22 think you can hold it to a hard line when it doesn't provide 23 all the information. I mean, it's leaving -it open. I'm not 24 the one to make the call and say there's a reason they left 25 it open. 151 1 to this project. 2 MR. LUDWIG: As is the case with several 3 projects that have come through, we've required that they 4 submit an itemized list of the facilities they're going to 5 provide, and of course, that's an estimate of the cost at 6 thi-s time. Those points are based on that cost figure. So 7 by granting approval, they are locked into.building those 8 facilities. 9 CHAIRMAN CARNES: I have a clarificar'ion on 10 that. This -- the phase that's been identified for those 11 facets is not part of this PUD. 12 MR. LUDWIG: It's not part of this preliminary. 13 That's correct. 14 CHAIRMAN CARNES: And there's no way we can 15 enforce this -- you know, the performance of this, then. I 16 mean, the actual construction of that, nothing the City has 17 the power to require. 18 MR. LUDWIG: Once again, the only thing would be 19 that on the ODP, it's listed as a recreational facility. 20 There is not a secondary use listed. So any different use 21 on it would have to come through. Now, granted, that isn't 22 a guarantee that that will get built. ,23 CHAIRMAN CARNES: I mean, it could never happen, 24 and we're powerless to do anything about that never 25 happening.' Personally, I have a real problem with giving 150 1 is -- never receives approval or whether it does receive 2 preliminary approval on it for housing. 3 Now, you alluded to, if it is approved tonight 4 for, you know, listing as a single-family residential on 5 Parcel N, would it develop. This would need to come through 6 a final PUD again, and it's our intent by the time a final 7 comes through, we should know prior to a final being 8 approved on that piece of land whether or not the City will 9 exercise that option or not to purdhase it for open space. 10 MR. COLTON:. Okay. So even though normally on 11 preliminary, that locks in the use of the land, in this 12 case, it isn't locking in the use for that land, because the 13 City has the option. 14 MR. LUDWIG: The secondary use is listed as open 15 space on the ODP. So . . . 16 MR. COLTON: Okay. 17 MS. BELL: So we are looking at how the bonus 18 points were awarded? 19 CHAIRMAN CARNES: Sure. 20 MS. BELL: On M, I would like some 21 clarification. We've had discussion tonight about how, you 22 know, how the day-care center has been deeded and all of 23 these things. We talked about the pool and all of this 24 stuff and whether it's going to actually occur and at what 25 point that's going to occur, since we're giving ten points 149 1 well, that this is kind of a conceptual plan, and like you 2 said, some people thought more development would be going in 3 there, some thought there would be less, and I don't know, I 4 guess the fact that it was an Urban Growth Area probably led 5 the people drawing the document to assume that something was 6 going to happen there, so they put it on there that way. 7 That doesn't mean it would have to happen that way. 8 And as far as the viewsheds, you know, 9 particularly interested, INd-think, in area N there, because 10 I drive. this road every day, so I know what it's like. And it once you get down south of the development there, basically, 12 a big ridge comes up; .and as far as I could tell by driving 13 along there, the McKee property would actually be a lot more 14 hidden from the viewshed -- viewshed than this one will. In 15 fact, that one, driving south, you wouldn't even be able to 16 see it. Coming north, you probably one. But this one 17 probably has a lot more impact on the viewshed- than the 18 McKee trust. And if we could leave N open, that might 19 mitigate that to some extent. 20 MR. LUDWIG: As far as Parcel N goes; it's my 21 understanding, and Tom can verify this, but the option to 22 purchase is -- has no bearing on whether or not this 23 receives preliminary approval for housing on Parcel N; that 24 the option that the Natural Resources Department has 25 obtained is.for a fixed price on. that property, -whether it 148 1 currently improved. 2 .That's all I've got for now. 3 MR. COLTON: I'd like some clarification on 4 Parcel N. Because this is included in this PUD. I 5 understood that there's an option on it, so if we approve 6 this, does this mean it's going to be developed? I don't 7 quite.understand how that works. 8 And also, I guess, I'd like to get clarification 9 on exactly what we're voting. on at this point in time. I 10 know Gary alluded to a phasing -type thing, and I assume we 11 either use the old development criteria, and you know, the 12 point chart. And that's what we go by. I'm not quite sure 13 what.you were alluding to. 14 CHAIRMAN CARNES: I'm saying in a general sense, 15 you know, what we're doing here is the first step towards, 16 you know, actual development, whereas the ODP provides a 17 potential but not the actual reality or the promise of it. 18 In other words -- 19 MR. COLTON: Right. So we evaluate it against 20 the point chart and -- 21 CHAIRMAN CARNES: Right. That's all. 22 MR. COLTON: And the compatibility criteria. 23 Okay. And just the other comment about the. 24 viewsheds. I was on the task force for the area between 25 Loveland and Fort Collins. And I think Tom put it very 147 1 law. Only if the applicant desires to, they, then, must 2 show you.why they"can'fail to comply with the law and still 3 be entitled to the variance, either because of hardship or 4 because of some condition that is equal or better than what 5 would have been proposed in compliance with the law. 6, MS. MICKELSEN:. Right. The last thing I wanted 7 to add was on transportation, as far as your comments on 8 Shields. And I'm just going to. read .this out of the staff 9 report. I 10 It says, on -site improvements to Trilby Road and 11 Shields Street will be required, as well as off -site 12 improvements to Shields Street as to Trilby Road to 13 approximately Clarendon Hills at the developer's -request. 14 .The designs for these improvements have not yet been 15 prepared. As part of any application for the first filed 16 PUD for the Registry Ridge ODP, the applicant must provide 17 utility design plans, blah, blah, blah. 18 But I have a feeling that the designs•are not 19 yet set, but if,you want to continue to be involved in how 20 that is designed or making your concerns aware of, you know, 21 you need to be in touch with the Engineering Department and 22 Transportation as they go further with the designs, assuming 23 this gets approval tonight. But it does look as if Shields 24 Street will get improvement from Trilby to Clarendon Hills. 25 And that's off -site. That's the whole segment that is not 146 1 Larimer County, around the city. 2 MS. MICKELSEN: So those.changes, any changes 3 that happen to. the UGA agreement, does not apply to property 4 that is currently annexed in the UGA. 5 MR. ECKMAN: I:would be very doubtful that the 6 UGA-agreement would be amended to regulate the incorporated 7 portions of the city, because the City would probably want 8 to keep that regulation with its own Board, for example, as 9 opposed to that Urban Growth Area board. 10 So -- and besides that, under the present law, we 11 are to look at the UGA as only the unincorporated area of 12 the county, under the present agreement. And that was one 13 of the questions that was raised, because there is some 14 different language in the UGA agreement than there is in our 15 Land Development Guidance System. But as you know, that 16 chart 1.12, which is the three -unit -per -acre chart, is a 17 mandatory requirement regarding density that has been given 18 to you by the City Council. 19 And-also.on the comment you made about the . 20 variance. You're absolutely correct about that. There 21 might be a way for the Board to grant a variance if one were 22 requested of you by the developer. But in the absence of an 23 applicant requesting a variance and giving you reasons why 24 the variance is justified, you cannot force a variance onto 25 an applicant. You can't -force an applicant to violate the 144 1 the lobby, and about the rules. 2 This Board does not make the rules. We have very 3 big policy and -- shall we say, policies and rules of the 4 type we're talking about are not made at this level. Our 5 job is to interpret and apply. We do have some authority 6 to,- you know, make exceptions to those for variances. And 7 so that's one thing that was appealed to us. And I'm not 8 going to invite an appeal, but you brought it up, and the 9 procedure's available from the City staff. 10 I think we did consider this fairly and try to 11 follow the rules and weigh the application of those, and now 12 the decision before the Board is, as Mr. Thieman just 13 pointed out, and as a Board member brought to our attention, 14 this is another aspect of phasing. The timing of 15 development. Because by putting in the Overall Development 16 Plan, we did not indicate when such might be approved, and 17 that -- or the timing as such. And that's what's before the 18 Board right now. 19 And so going' to bring it back to the Board and 20 open it up for additional questions, comments. 21 MS. MICKELSEN: I just wrote down a few things 22 from the various different comments from the neighbors. As 23 far as your requesting a variance, the request for a 24 variance comes usually from the developer. If the request 25 that you're making is a heartfelt request, but it is not 143 1 I wouldn't have slept very well tonight. 2 The other side of'the coin is, I do want to 3 develop -- I do want to congratulate Jim on having the Board 4 go in his direction. I,also felt that incumbent upon me to 5 let you know my feelings on the other side of the coin as 6 well. Thank you. 7 1 CHAIRMAN CARNES: Thank you. Any other public 8 input? 9 SPEAKER:• My name_is.Mark Thieman, and I live at 10 6600 Thompson Drive. As you know, what -- what you're 11 looking at here is a major change in the space that now 12 exist in between Fort Collins and Loveland. And what I 13 would like to ask you to do is to postpone this PUD, the 14 approval of it, until the Urban Growth Land Agreement is, 15 rewritten this spring. We're not talking about several 16 years,here. We're talking about several months, 17 postponement, on a project that is going to affect the land 18 in between Fort Collins and Loveland forever.. Thank you. 19 CHAIRMAN CARNES: Is there.any other public 20 input? 21 Okay. Bring it back to the Board. As one 22 member of the Board, I hear very loudly and clearly the 23 concerns, and appreciate the honest expressions, both pro 24 and con, of our decision, and you certainly do have the 25 right to appeal. .I think there's information out there in 141 1 be -- it's been suggested that there needs to be an overall 2 plan, and I know there is one, but some of the rules seem to 3 apply and some are not necessary. This one could be bent, 4 I think, before something of this magnitude can be 5 determined wisely. I also appreciate Bernie's position. 6 - But that whole point with the computer. If there 7 is no human input here, and if we're not looking at this as 8 a -- unlike a machine, I mean, if it meets all the points 9 criterions, and it's part --_I mean, all that could be piped 10 into a computer, and what are we all doing here? If it 11 meets all the requirements, what is it we're discussing? 12 If people don't actually know what's out there, 13 if they haven't spent time, and I don't know that they 14 haven't, I think it needs to be -- the big picture needs to 15 be looked at, and not just the development here, and -- 16 excuse me, a development there. I think you need to know 17 what McKee is going to do so you know how much traffic is 18 going to be there, so that you know where the developments 19 . are going to be. 20 If I can step over there once more, there was an 21 interesting point that I noticed just before. In the 22 overall view -- and yes, granted, there is quite a bit of 23 open space here. Open space to the east. The open space to 24 the east here, certainly, I.understand is a priority for the 25 City. But when people are driving -- and I did spend some 140 1 are in these two parcels here. 2 But these two, no, those are not flood plains. 3 Those are good land, and one of the wildlife issues that 4 hasn't been addressed, on any given day, you can drive south 5 on Shields or, for that matter, north on Shields, and see 6 raptors. almost every trip. I'm on neither side of this 7 issue, but having some stake in this matter, I just want to 8 make a few of my points known. Thanks. 9 I don't know how many of you on the Board have 10 actually spent some time out there, the different times of 11 day. I do appreciate the issues on both sides. I do 12 understand that it's a rough decision for you to make. I 13 think this will be important to possibly spend 'some time out 14 there. I'd be willing to invite the Board to have coffee or 15 watch the raptors fly.or whatever. 16 I also appreciate Mr. McQuarieIs position. One 17 issue here that I find very disconcerting is that it almost 18 doesn't seem as though the City knows what the County''s 19 doing or the County -- in order to make a decision of this 20 magnitude, I don't know that you can just look at the small 21 detail of this one development, although he's not here, but 22 I believe it was a Deputy City Attorney, I don't know his 23 name. He said that this approval should have no bearing on 24 what McKee is going to do. 25 I think that, probably, you know, there needs to 139 1 come out and see exactly what it is so you know what you're 2 looking at, and you'll know there's no real contiguous •3 development, and we don't want that:. Thank you. 4 CHAIRMAN CARNES: Thank you. 5 SPEAKER: Hi. I'm still Bob Furst. And the 6 answer, I believe it was Gwen that had asked the question 7 about -- it gave me some concerns to find out:that there 8 were some people on the Board that may or may not have been 9 in the area or don't remember what the land looks like. I 10 believe it was Gwen had asked what that big rectangle of 11 white space was in here. 12 So can I just go over there and point to a.couple 13 of things so that you can be informed? I think it's . 14 important to know what's out there before you -- I guess 15 you've made that one vote already. But to answer your own 16' question of what was there, I'd like to show you, if I 17 could. 18 CHAIRMAN CARNES: Feel free as part of your 19 %input. 20 z SPEAKER: This right here is my 20 acres. .This 21 little rectangle that's in the larger.rectangle -- oh. This 22 piece is mine. This is my neighbor's. Also 20 acres. 23 There are two.more pieces which originally were basically 24 were four 20-acre parcels here. I don't know exactly how 25 these have -been divided up so I don't know how many owners 138 1 CHAIRMAN CARNES: Thank you. other comments, 2 questions? 3 SPEAKER: My name is Varla Mylar, and I live on 4 the county side. I just wanted to say that we're 5 disappointed with the approval. And I'd like to invite any 6 of you who haven't been in that area to come out and see 7 what exactly it is. 8 Many times in the previous discussion, you were 9 looking for, and you were trying to find what contiguous 10 development there is. That's the.point. Your contiguous 11 people are people who live in five- and ten -acre lots and 12 people who live across the street. They have a different 13 kind of setup there. 14 And we'd like to see on one of those pictures 15 maybe some idea of how 500'homes would look in the middle of 16 this land with all this open space around. I don't think it 17 would look nice, and as neighbors, I don't think we'd 18 appreciate it. And it's not just us. It's many people, my 19 friends, who five in the middle of the city.who enjoy coming 20 out and seeing the open space. It's something we enjoy and 21 it's.not just for us. It's for everybody. 22 And we just -- if any of you can visualize what 23 Clarendon Hills looks on that piece of land, and now we have 24 open space, and if .you could see another picture, I don't 25 think we'd want to see that.. So again, I'd invite you to 137 1 There's a need, from that perspective, for the 2 City and the County to be willing to -work much more closely .3 together. Again, I appreciate the opportunity, the time 4 that you give in making real important decisions. I wish 5 somehow, for the developer, that the developer would address 6 some of the concerns that grow out of your coming into our 7 neighborhood, creating more problems, playing by the rules, 8 but not meeting a responsibility to address things that 9 really greatly and significantly impact our lives. That 10 would be true for the City. Thank you. it SPEAKER: I'm Jeff Wellman. I live at 15n4 west 12 Trilby, right across from the development. My concern is 13 about the wildlife, okay. There's going to be 512 homes 14 homes in this thing. How much more pollution is that going 15 to increase? I can walk out my door in the morning, and my 16 back field, there's two or three deer. You look across the 17 road right now in the wheat fields, -this -time of year, you 18can see foxes. 19= Granted,'they're giving 102 acres on the other 20 side of Shields,' but what's going to happen to the wildlife 21 in this area? That's one thing my kids enjoy.' They're 22 young, they're nine and seven and 17 months. That's one 23 thing they look forward to.in the morning is seeing these 24 animals. What's going to happen when we have all these 25 homes in there? Thank you. 136 1 appreciate your weighing all of the issues. I admire and 2 respect people that do that and can do that. 3 But I want you to know that there is an aspects 4 of your weighing and going by the rules that doesn't include 5 the effect that your decision has on me as your neighbor. I 6 know of no way, based.on your rules, that you are in a 7 position -to do anything about Shields Streets that is, 8 develop half of the road for a short distance, one side of 9 the road. 10 I've heard no reference or concern by.the 11 developers or by the City of addressing those kinds of 12 issues. At the same time, I have every reason to believe 13 that what I'm speaking to is a need to look•at this in a 14 little bit different perspective, that if a developer must 15 tie into city utilities. 16 I don't believe the developer is tying into 17 water, City water utilities. I believe they're tying into 18 the Loveland/Fort Collins water district utilities. But if 19 we require the -developer and the City to make sure that we 20 extend the boundaries of the cities, that that extension is 21 contingent upon, one, being a good neighbor. And not 22 looking at developments that go on. and on for years that 23 leave open space adjacent to Shields Street. So the road is 24 never developed. For me, that's not being a good neighbor 25 or being fair. 135 1 Urban Growth Agreement that said that -you have to maintain 2 the character and density of the existing development along 3 common boundaries,.why aren't we applying that rule? 4 Somebody needs to explain that to us yet. 5 I guess I thought you had more power to make 6 exception to or offer variances and -- on the application of 7 the rules. And I --•I wasn't prepared for two speeches 8 tonight, so I'll quit mine. There may be other of my 9 comments here, that we may have comments. 10 SPEAKER: My name is Dean Miller. My comments 11 will be fairly brief. I sense that you have played by the 12 rules. My sense is the City staff and the developer, that 13. you have played by the rules. You have come into my 14 neighborhood, and you have told me that you will be my 15 neighbor. I have driven up and down Shields Street for 30 16 years. And.you come into my community as my neighbor: 17 I heard'a reference, I believe, that the 18 developer has to provide a sewer line -- is that correct? 19 That ties into the City utility? -I'm stuck, as your 20 neighbor, being a county resident, because I live in county 21 along Shields, where developers develop half of the road, 22 and then may not be developed until they finish that phase 2.3 which comes adjacent to the road. 24 So what I want to share with you as a neighbor 25 is I feel.that you have played by the rules, certainly. I 134 1 stop this dense development in an island. 2 It is always going to be way out there. It's 3 surrounded by county. So we are appealing again.for a 4 variance to this. It is on the, fringe. It is different. 5 It just seems like we shouldn't have to apply the same set 6 of -rules, necessarily, to -- there have to be exceptions, 7 and I,guess I thought that was your role to do this, the 8 balancing, and to -- to know when we make exception and how 9 we -- how we apply things. 10 Somebody just said, gosh, if it's always going 11 to be three units per acre, and that's a rule, then you can 12 do that by computer. And I.guess I felt that we were kind 13 of talking about this balancing thing, and I didn't -- I 14 didn't just hear that here. 15 When it came to the vote,'I heard all the -- I 16 heard all the input, and I heard a lot of you saying you 17 feel a lot better about if it wasn't way out there and if it 18 wasn't so densely developed, and yet you seem -.stuck on that 19 rule. So I guess you could do that by computer, then. Why 20 do we have these meetings? I guess I'm confused. 21 But I'm here to say that we are appealing for a 22 variance on this to have it at .,a much lower density. I know 23 it was annexed 12 years ago, and those were from old rules. 24 I still don't understand, and if somebody can answer this 25 forme later,.I would appreciate it., When I read from the 133 1 Board and make a presentation of the PUD? We've made a 2 number of references to it, up.to this point, in a piecemeal 3 fashion. 4 MR. VAUGHT: Well, we intended for our earlier 5 presentation to be a combination of the,ODP and 6 preliminary. So we don't have additional information to 7 present to you, -but are available.for any specific 8 questions.' 9 CHAIRMAN CARNES: Okay., Thank you. 10 Is there any public input at this point on the 11 specifics? Please come forward. 12. SPEAKER: I'm still Leanne Thieman. Obviously, 13 we're extremely disappointed. Phase 1 says that you want to 14 put 510 houses across the street from us. It still seems 15 totally inappropriate. I think it is an island. It is 16 different. 17 I know you have.the capacity to change the rules 18 that you seem so tied to. And if you don't, then we 19 certainly-havea process that we can get a. variance on this 20 land and on this development. 21 Know that we will be appealing to the City, 22 Council immediately. We are small in number now, but we are 23• very organized. We .are extremely determined, and very are 24 very committed, and we feel like we are stewards of the 25, land,•and we're going to•take this as far as we need to to 132 1 MR. DAVIDSON: Approval. 2 THE CLERK: That was yes? Strom? 3 MR. STROM: Yes. 4 THE CLERK: Bell? 5 MS. BELL: No. 6 THE CLERK: Mickelsen? 7 MS. MICKELSEN: Yes. 8 THE CLERK: Colton? 9 MR. COLTON: No. 10• THE CLERK: Carnes? 11 CHAIRMAN CARNES: Yes. 12 We have approval for the Registry Ridge ODP, and 13 the Board will go on recess now for ten minutes. 14 (Recess.) 15 CHAIRMAN CARNES: The Board's now considering 16 Registry Ridge PUD Phase 1 preliminary, and we've combined 17 our consideration of the ODP as well as the PUD in terms of 18 staff presentation, outcome presentation, and public input, 19 and I think we're back to I don't think we have any 20 further staff presentation, do we? 21 MR. LUDWIG: I hasn't planned on it, unless• 22 there was specific items you wanted to be stated. 23 CHAIRMAN CARNES: Any Board questions of staff 24 regarding the PUD at this point? 25 Okay. Would the applicant like to address the F09P4 1 and that decision was made fairly a long time ago to extend 2 the City services to this location. 3 And'so I think a lot of those issues that have 4 already been decided by our predecessors or the Council or 5 whomever regarding the incorporation in this area. I think 6 it's a rather odd -- odd piece of -- odd parcel, to say the 7 least, as far as how did this come to be incorporated in the 8 city, and it's -- as we're -- I think we're voicing the 9 awktitardness of that, the past decision, but it's a fact 10 now. It's incorporated in the city. 11 And so, you know, I hear fellow Board members., 12 loudly and clearly and every time I've been listening and 13 weighing and all the information I have, and it's the most 14 sensible proposal I think we could hope for for this type of 15 use, and -just a question of, is this type of use that's in 16 the best interests of this area and the city overall. 17 Again, considering that we already have approved 18 adjacent to this in an area that's been identified as, by a 19 lot of citizens working very hard, and the staff, as one 20 that we would like to see remain open, so that's -- that's 21 my summation of what I've heard here tonight. 22 Okay. .Roll call, please. 23 THE -CLERK: Davidson. 24 CHAIRMAN CARNES: Motion for approval. 25 (Inaudible.) 130 1 incorporated area in the city. I've been amazed -- I guess 2 I'm satisfied there's been a lot of very careful 3 consideration and weighing of all the considerations we've 4 weighed here tonight by the staff, by the applicant, .and by 5 the neighbors, pretty realistic appraisal and balancing of 6 those. 7 As far as the density, we do have a comparable 8 number of units already approved. And so -- and- we, as a 9 city, na'r have the option, if we approve this, of basically 10 transferring that density to this site as perhaps more 11 suitable than where it's currently -- we have _currently 12 approved the same number of units. 13 The fact it's in -the city limits carries a lot 14 of weight with me. It's already there. The fact that we 15 have existing areas that either are in the County, unlike - 16 and already developed, in the way of the county, or we don't 17 want developed, that would -- it's sort of -- not exactly a 18 physical barrier, but we have essentially areas that we want 19 to remain open that, sure, if we went ahead and developed 20 it, it would provide contiguity. So the contiguity thing is 21 a bit off. 22 We're already providing police and fire services 23 to .this area, more or. less. adequately, and we don't have 24 real good information about how good that service is now, 25 but we do have certain standards that have to be maintained, 129 1 need the density over here, and I guess it just doesn't jibe 2 in my mind, why we need to have it at this location, and yet 3 at another location, it's okay to say, the City doesn't need 4 it, and it's okay.to have open space. 5 1 MR. STROM: Well, I think it's two different 6 issues. I mean, the areas that we develop, we have an 7 established city policy that says three units to the acre, 8 minimum. But that doesn't. preclude us from having open 9 space areas, you know, within the urban development. And 10 certainly, the open space areas in the parks and the 11 recreation corridors, bike trails, and so forth are part of 12 what makes it a wonderful city to live in. 13 So I really think it's two different concepts , 14 entirely. I mean, the areas that we are developing, we've 15 said, the City has said through the City Council policy, 16 should be at three units to the acre. Minimum. That 17 doesn't mean you develop everything. And•I -- frankly, I'm 18 not totally satisfied with what we get from three units to 19 the acre. But-thatIs the policy that we have. And you 20 know, that's one of the things I'm sure we'll be looking at 21 through the Comprehensive Plan. 22 CHAIRMAN CARNES: -If there are no'further Board 23 comments, questions, whatever, the Chair would like to make 24 a few comments. 25 And I see'this as a really unique corner on an 128 1 small lots next to open space., Instead of spreading a 2 little bit of open space along for:everyone, which is kind 3 of the urban sprawl.thing. 4 And I like the variety, which is kind of leaning 5 towards what Bernie is saying, that if you're willing to 6 draw the lines here, there,, and everywhere, then you -- you 7 accomplish some common goals versus what I call spreading it 8 out over, you know, neighborhoods. 9 -*MR. COLTON: I guess I just feel -- need to 10 respond to one thing, I guess. Bernie, you said that, you 11 know, you got to put people somewhere, so we need to have 12 the density. But at the same time, we're asking for a, 13 dedication of 700 units, potential units, of development 14 right next to it. 15 And if we're really concerned with getting as 16 much development at three acres per unit as possible within 17 the .Urban Growth Area, we shouldn't even be asking for the 18 dedication of that open space, I guess. What I'm saying, 19 otherwise, what is wrong with trying to get that open space 2.0 and instead ,of•having 700 units, have 400 units that the 21 developer is agreeable to, it, because we just -- you know, 22 we've traded, it sounds like,.a thousand, two thousand. units 23 of potential development over by the, railroad tracks, saying 24 it's desirable to have open space. 25 Yet at the same time, saying we need more -- we F411r1 1 it's not very easy to subdivide them effectively. But even 2 if they did, why would that be a problem to add density in 3 an area that's already developed? 4 MR. DAVIDSON: My concern is we're adding 5 'density before we build out to it with other city 6 development. 7 MS..MICKELSEN: Bob, I understand what you're 8 saying because a lot of what I've been concerned about. 9 It's a leapfrog, in a sense -- in my t'eart, it's a 10 leapfrog. But legally, it is not. You know. we cannot sit 11 here and say, "Gee, whiz, I don't like the location," which 12 is what I'm saying, I don't like the location, so I'm going 13 to deny this or vote against it, because no, I don't like 14 the location. But it is in the city limits, it is in the 15 Urban Growth Area, and it -- it now comes down to where you. 16 stand on the policies, on which ones are more important to 17 you. And I thought I would throw,in my two cents' worth on 18 fringe development. 19 I think if you look at'the area between this 20 Trilby Road north to Harmony, you've got a heck of a lot of 21 variety. And not just lot sizes, because it's rural. You 22 have a lot of variety. You've got gullies in there, and 23 you've got a lot of things going on. And if you want 24 variety in a community, you often see the abrupt change. 25 And that gives you.a large lot next to small lots. And Ir 9 126 1 concerns about this, as far as I'm concerned, if I look at 2 density and development around this area, to me, it's a 3 leapfrog, and it's going to create more problems in the 4 future because other developments will be able to be -- 5 other land will be able to be developed based upon this 6 approval. Where I stand, yet, I'm not real sure, but I'm 7 not real impressed with some of the justification for it. 8 MR. STROM: Could you tell me what land is going 9 to become developable because -- should we approve this one? 10 MR. DAVIDSON: Well, being we don't get a good 11 enough overview of what's all around this property as I 12 would like to see it, it's sort of hard to judge. But based 13 upon what I've seen visually out there, even if it's estate 14 lots, I could foresee those subdividing somewhere down in 15 the future when they feel impeded upon by this development. 16 That would be a possibility. I'm sure there's some other 17. land, large land ownings there, which will also precipitate 18 this also. 19- MR.-STROM: Well, I guess I would have to 20 respond that we're at the city"limits line, and if I'm not 21 mistaken, we're at the Urban Growth Area boundary for part 22 of this. 23 MR. DAVIDSON: I realize that. 24 MR. STROM: And in terms of subdividing some of 25 those larger lots, one of.the problems with large lots is 124 1 I see a network, the transportation network, 2 within it. I see pedestrian network within it. I do have 3 concerns about the -- what will and will not happen as far 4 as schools, parks. 5 Anybody else want to add -- anybody else want to 6 add -first to the pros of this before we go any further? 7 MR. STROM: Well, you know, I think it meets a 8 significant number of the policies of the Comprehensive 9 Plan. 10 1 MS. MICKELSEN: I.do, too. I mean, I think, 11 like you said, it's a weighing thing, that we're weighing 12 what it does to what it doesn't do. And, you know, it's 13 each one of us has to weigh the ones that it does and how 14 much -- how important those are to us compared to the ones 15 it doesn't. 16 MR. STROM: I'd like to make one additional 17 point in terms of the soft edge concept. 18 MS. MICKELSEN: Okay. 19 MR. STROM: 'I mean, if we think about some of 20 the -- and Glen, you said you'd been in England recently and 21 were looking at some villages over there. I've been places 22 in Europe as well. And I've certainly looked at books.and 23 articles on communities and looked at some of this new 24 urbanism. 25 . And I don't happen to think that soft edges is 123 1 have -- I mean, I have a feeling, you -know, where you would 2 stand to some extent. What if it didn't have that off -site 3 open space across the road? I mean,' that's a pretty 4 substantial chunk of land to be dedicating and optioning. 5 MR. STROM: Frankly, -it's a hypothetical that 6 I'm -not faced with. 7 MS. MICKELSEN: This is true. 8 MR. STROM: It's -- you know, I can't answer 9 that. Certainly, the open space, both internally and 10 off -site, I think, are significant contributors to the 11 concept of preserving the corridor. And preserving some 12 sense of open space along the major arterials between two 13 communities. So certainly; that's part of what I'm weighing 14 in my view on this project. 15 MS. MICKELSEN: Okay. 16 MR. STROM: But would I necessarily change my 17 mind if it wasn't there? I can't say. 18 MS. MICKELSEN: Okay. So let me kind of boil 19 down some of the pros. We've got open space dedication and. 20 option on land that natural resources has identified as 21 desirable. This is good. We have land that is already in 22 the city limits -that is being brought before us with three 23 units per acre, which is good by our plans, even though 24 we -- I mean, to me, I recognize that this is way out there, 25 and I would rather see it a little bit closer. 122 1 east to have the -- if they're going to have to..travel from 2 a different part than from this existing location. That's 3 my thought process. 4 MR. STROM: Perhaps it would, although, you 5 know, we look at the result of months of study.in this 6 corridor in a fair amount of detail, you know. Tom said 7 that they didn't look at precise lines because they 8 couldn't. If you look at the result of that study, their 9 preferred land use scenario talks about developing this 10 property at cluster densities. 11 CHAIRMAN CARNES: Other Board member comments, 12 questions. 13 MS. MICKELSEN: I understand a lot of what 14 Bernie says, and I support a lot of what Bernie says, 15 because I do believe that within the city limits, we do need 16 to stick to our guns as far as density, because we will 17 never get our densities that are required for transit unless 18 we do. 19 I guess there's no point emphasizing about .what 20 you wish you could change, and there's no. point in trying to 21 hold this hostage to a plan or future changes, part of the 22 City Plan. This is before us tonight under the plans that 23 we have before us tonight. 24 And you know, one of the things that I ponder 25 is, you know, Bernie, where..would you stand if it didn't FP41 1' mind. 2 MS. BELL: So he's saying he'd rather.have fewer 3 people traveling more miles than a ton•of people traveling a 4 lot of miles. 5 MR. STROM: But what I'm saying is it's a 6• fallacious argument. You don't necessarily put as many 7 people in this location, but you have to put them 8 somewhere. And if you don't develop.within the city limits 9 to some minimum density, standards, they're going to spread 10 out further. They're maybe not going to go in this 11 corridor. They're not going to drive down Shields. But' 12 they're going to go further east or they're going to go 13 further north. 14 You just can't have it both ways. I mean, you 15 either pack them in and give them options to hopefully 16 develop some alternative transportation.modes that will make 17 it attractive to them, or you spread them out and•let them 18 . drive. 19 MS. BELL: I think one of the issues that we're 20 talking about -- Bernie, I think your point- -is well taken, 21 that this has to go somewhere. Maybe part of what this 22 discussion is.exploring is, is this a good place for this to 23 take place, given all,of the open space -concerns that have 24 been identified based upon months of study, you know, with 25 this corridor issue. Maybe it.would.be better to be in the 120 1 that the City wanted, so perhaps we could get the open space 2 dedication plus a softer edge, which I think would be 3 preferable to open space and a hard edge out there. And we 4 haven't even heard whether that's a possibility or not at 5 this point in time. And -- 6 - MR. STROM: Well, perhaps we could, but how does 7 that answer your question about 'alternative transportation 8 modes or access to employment centers? 9 MR. COLTON: Well, if we have less density, it's 10 less of an issue as far as -meeting that. I think the higher 11 density you have, the more you need to be close to those 12 things, because all the automobile trips out there, and if 13 you have a lower density, then you have less need for the 14 mass transit and less people driving that distance. 15 MR. STROM: Except that alternately, with the 16 same number of people, the less density you have, the more 17 you spread them out, and the more they drive. 18 MR. COLTON: What I'm saying is if this is:near 19 the edge of the city and we have a choice of high or low 20 density away from. things, I would go with the low density 21 away from things, because there's not going to be other 22 things going in anywhere between here and Harmony, probably 23 Harmony Road, of any commercial or employment, and over to 24 probably close to College or this Registry, whatever -- I 25 forget the other name. So that's what's going through my 119 1 proposal is phenomenal. I don't think I've ever seen one 2. like it. The only -- I.:mean, someone has raised the Two 3 •Ponds issue. The Two Ponds issue is -.a totally different 4 situation. Two Ponds was a foothills development. 5 Major employment centers. I don't know. You 6 can -argue that one in outlying areas. A lot of cases in the 7 past several years, I've argued against fringe development. 8 But usually when I've done that, I've been arguing because 9 there are major gaps between -the existing development and 10 what's being proposed.. And I don't see that here. 11 Everything basically from here back to the city, not -- you 12 know, not totally completely developed, but there's a. 13 pattern all the way back to the core of the city that's 14 developed. 15 You know, to me, sure, there are trade-offs. 16 Does it answer every.concern I have? Probably not. Does it 17 answer major concerns?. It does. Does it give us something 18 important that we want? It does. And that!,s where Income 19 down on it. 20 CHAIRMAN CARNES:• Okay. Further discussion? 21 MR. COLTON: May I say something? 22 CHAIRMAN CARNES: Sure. 23, MR. COLTON: -Well,,.I don't know exactly if the 24 developer would pursue having lower density. I've heard, 25 it's stated, that.the builder would come in and do anything 118 1 An I off -base here? 2 MR. STROM: I think so. He. certainly needs -- 3 what he's basically doing is arguing his position in terms 4 of the vote. 5 CHAIRMAN CARNES:. Okay. So -- okay. 6 - MR. STROM: If I could respond to a couple of 7 things. A lot of what'we do, this Board, is basically 8 balancing. And it's looking at policies, sometimes, that 9" conflict and saying what are -we are losing, what are we 10 gaining, who wins, who loses, and how much. 11 Looking for examples, a question of alternative 12 transportation modes and conflicting that, if you would, 13 with the whole concept of the soft edge. If you're going to 14 have alternative transportation modes in this kind of a 15 location, if you're'going to give people an opportunity to 16 ride buses or transit, you're basically looking at higher 17 densities than we've got here now. Three units to the acre 18 is a minimum we basically permit in the city of Fort 19 Collins. And it's in the city of Fort Collins. 20 So I look at the overall concept of the 21 development. I look at the open space. The internal open 22 space is on the order of 21 to 23 percent, depending on 23 whether or not you count the school site. You look at the 24 off -site open space that they're dedicating and offering to 25 the City, and the ,amount of open space involved'in this 117 1 This certainly isn't a Woodland Park PUD, because 2 up there we had a lot of urban development and services 3 right next to it. -You know, I haven't have been involved 4 with some of the others, Sunstone. I don't know how those 5 ever got passed, but I don't see this meeting some existing 6 land use policies', and until we get -new ones coming out of 7 the plan, I guess I wouldn't be supporting it. 8 MR. ECKMAN: Might I suggest that., as'far as w 9 some of your comments or concerns regarding the policies 10 that you think this does not comply with, if:you could 11 indicate some of those specifically; and I might also add 12 that I do not believe that it would be appropriate to base a 13 denial solely upon the idea of some wisdom in -waiting -until 14 the City Plan has been developed. Rather -- 15 MR. COLTON: Based it on the policies, you know, .16 of the 3B, alternative transportation; 3D, location of 17. residential developments close to employment, recreation and 18 shopping facilities; 79B, close to employment centers; 79C, 19 within walking distance to existing or planned elementary 20 school. Let's see. What was 27. 21 CHAIRMAN CARNES: I think we've got a point of 22 order here again that we have a motion on the floor for 23 approval, and we're having discussion.about that,, but we 24 don't have a motion for denial, and you seem to be citing a 25 basis for.a -- your vote on what's on a different motion.- 116 1 aspect of this is great, and I'd really like to be able to 2 keep that. But then you look at this island of. development 3 out in an island -- you know, of three units per acre 4 development out among the sea of either open space or one to 5 five or one to ten, and I start getting back to why do we 6 set-up the density criteria in the first place, and that's 7 effective utilization of services, close to schools, close 8 to employment, close to shopping. 9 And frankly, I'm skeptical as to whether the 10 school will ever happen here, whether the commercial will 11 ever happen here, maybe even the day-care, because Phase 1 12 is 500 -- I know we aren't discussing Phase 1, but I'm 13 skeptical that those extra phases would ever come in, and so 14 I think we're going to end up with an island of density out 15 here where people have to travel a long ways to do anything, 16 and I think that goes against a lot of the things -- a lot 17 of the land use policies. And also, I'm not sure that 18 that's what we'll want coming out of this, when we get done 19 with our Comprehensive Plan. 20 And if I were solo flying tonight, I would say ,21 have a lot less density on this, and the heck with the 22 three -unit -per -acre requirement. And I'm not sure what's 23 going to come out of the City Plan, so I guess I would be 24 inclined to deny this until we do get the City Plan done and 25 we know more of what we wanton the edges of the city. 115 1 know., how do we interface, and I've not been convinced over 2 the past month that we're doing a very good job of 3 interfacing urban -like development with these fringe 4 properties. 5 I think there's certainly plenty of policies 6 that have been brought .up tonight between Glen and Gary and 7 other Board members that do not support this project. I 8 didn't list them all down when I was taking notes, because 9 it is already part of the public record, but there certainly 10 seems to be as many policies that this project is not 11 supporting than it's meeting. 12 So from.that regard, I feel very uncomfortable 13 about giving approval to a project, as someone tonight very 14 aptly mentioned, you know, its kind of forever. Once we say 15 that this is what's going to happen on here. 16 CHAIRMAN CARNES: Well, point of order. We have 17 a motion on the floor, and we need a second to, .I think, to 18 discuss -- have further discussion. Is there a second to 19 the motion? 20 MS. MICKELSEN: I will second it in order to 21 further the discussion. 22 CHAIRMAN CARNES: Okay. We have a motion and 23 second. And further discussion? 24 MR. COLTON: Yeah. I guess Glen relayed a lot 25 of my feelings on this. You know, I think the open space 114 1 So my argument has to be, I don't see how you 2 could -- I don't see what the property owner -- or what's 3 going to happen differently that's going to change the 4 context. 5 MS. BELL: Just in terms of comments. I guess, 6 to follow up on what Jennifer's saying, timing, and I don't 7 even know if this is something that's legitimate for us to 8 be ruling on, but at least it's a comment I feel inclined to 9 make. 10 Since I've been on the Board for a year and a it half, any number of projects have come before us that 'have i2 been in these outlying areas, and they've all been very, 13 very difficult to deal with. Because we're looking at a lot 14 of issues, one of which is how to interface urban 15 development with the rural character of outlying areas. 16 And so in terms of timing, I'm a little bit 17 concerned about how the magnitude of how many units could be 18 potentially on this and the fact that we are really right in 19 the midst of a'Comprehensive Plan review, and take -- it 20 makes me really uncomfortable to be potentially approving a 21 project that may be in direct conflict with many of the 22' objectives that we're trying to look at, one being this soft 23 edge concept that some of the folks in the audience have 24 talked about tonight. 25 I think it's a really difficult dilemma, you 113 1 Ridge ODP with the conditions as cited by staff in their 2 amended memo. 3 CHAIRMAN CARNES: Do I hear a second? 4 MS. MICKELSEN: I have some internal battles I'm 5. fighting with this project, and I'm not sure how -- how I'm 6 supposed to deal with these. Part of the battle is its 7 location. You know. Part of me says that this is fine for 8 this location, but the timing is rotten. That there needs 9 to be some development -- the phasing philosophy that. needs 10 to happen before this. And yet I recognize what it does 11 offer. And at this point, I'm -- I'm still rather perplexed 12 behind what I would like to see and what I see before me. _ 13 MR. STROM: Well, since I had the motion on the 14 table, I guess it's appropriate to make some comments in- 15 response. 16 When you're talking about phasing, you have to 17 look at what's possible. You look at the property to the 18 north. It's developed in, whatever you want to call them, 19 estate lots. So there isn't anything likely to happen 20 there, anytime in the foreseeable future. 21 You look to the west, and you're looking even 22 farther out. You look to the east,' and it's under urban 23, development at the present time.• You look to the south, and. 24 not only are you farther out, but you're looking basically 25 at areas that; we want. preserved for the corridor. 112 1 attorney. 2 MS. LILEY: Except for the option properties, 3 again, all of,the dedications have already been executed by 4 the applicant and they're put into an irrevocable escrow. 5 And the time frame is that they will automatically be 6 released by the escrow agent upon final approval. So it'll 7 be a simultaneous transaction. 8 Everything that we can do has already been done, 9 including providing the City -with environmental audits, all 10 of the title work, putting partial releases of deeds of 11 trust into escrow, and et cetera. And as a final approval, 12 then assuming all of those conditions are met, that deed 13 will automatically go to the City for the dedications. 14 MR. DAVIDSON: Are we talking final approval of 15 this PUD, first PUD? 16 'MS. LILEY: yes. Final approval of the first 17 phase only. 18 MR. DAVIDSON: Right. 19 MS. LILEY: Right. The entire thing will be 20 dedicated. 21 MR. DAVIDSON: Okay. Thank you. 22 CHAIRMAN CARNES: I guess the Chair will 23 entertain a motion, if there is one at this point, if there 24 are no further questions. 25 MR. STROM:' I move approval of the Registry 111 1 seen on the Ponds. There are other issues there. But I 2 think as staff has indicated, it's a fairly significant 3 amount of open space, and that if we continue to.add more 4 open space, then we're going to continue to add the density, 5 and perhaps•different types of housing that may be less 6 appropriate for the compatibility with the existing . 7 residences. So it's a trade-off, I guess, or balance of 8 achieving adequate open space, which.we think we've done, 9 and still maintaining some single-family wit17 a mix of 10 multifamily. it CHAIRMAN CARNES: So you feel that, you know;• 12 you've provided lots of opportunities for internal 13. circulation by all those different modes up to today, that 14 sort of thing? 15 MR. VAUGHT: Absolutely. The simplest way is 16 the city sidewalk that will be on all the streets. But 17 there's a secondary network that goes all the.way through 18 the development. 19 CHAIRMAN CARNES: Okay. Thanks. Any further 20 questions? Okay. 21 MR. DAVIDSON: Frank -- or maybe Mike would know 22 this, too. What's the sequencing of the dedication of•the 23 park and also the open space that does not have an option on 24 it? 25 MR..LUDWIG: 'I'll defer to Lucia Liley, the 110 1 existing features help with that, but in terms of whether it 2 be a B corridor or natural or open space, whatever it might 3 be, it seems a little choppy to me, looking at the Overall 4 Development Plan in terms of what you filed on the ODP here, 5 you show as open space. I don't see that sense of 6 conductivity. Maybe it's there. I just don't see it. 7 MR. VAUGHT: I'm searching for a slide that was 8 in staff's presentation that shows the open space. 9 CHAIRMAN CARNES: _Okay. That's . 10 MR..VAUGHT: I don't recall, Mike, the 11 calculation, but this was the areas that fell into the 12 description of active recreation, which staff defined as 13 10,000 square feet with a. minimum width, I recall, so we had 14 to provide them a document that shows where all those areas 15 were. And that doesn't include the park site. 16 But there is a network of open space that ties -- 17 there are small slivers that tie in between each of these 18 cul-de-sacs that tie back into a trail system that takes you 19 to. the rerecreation area. There's a trail that cuts across 20 this area that, again, is too small to count, that takes you 21 into the park. There's a trail system that cuts in through 22 each one of these cul-de-sacs. It gets you back into a 23 network of sidewalks. And then there's an open space.around 24 each one of these clusters. 25 So perhaps it's not equivalent to what you've 109 1 other amenities that are being offered within the site. 2 1 The second part of your question is, we looked 3 at higher density and higher intensity, multifamily uses 4 along the arterials, because, typically, we do have a 5 greater ability in those types of densities to increase your 6 setbacks. 7 , So.with multifamily along here and commercial 8 here, we can look at more significant buffers. As far as 9 getting a feeling that you're driving along -the countryside, 10 though, and the closest house is back in this area, no, we 11 haven't pursued that, because of the amount of open space 12 that's being dedicated across the street. 13 I will point out that the hundred -year flood 14 plain line does come right across this area, so there will 15 be no development in this zone, and there's quite a wide 16 area. The dotted line comes all the way back to here, so 17 there's a very large green zone that will.be.:maintained 18 within both this plan and the existing residences that.occur 19 there. So I don't think it's going to have the intensity of 20 a city, urban street, with the type of uses.that we're . 21 proposing. 22 CHAIRMAN CARNES: I have sort of a related 23 question. I've seen, like I say, the Ponds ,a couple of 24 times and some others. And I don't get the sense of there 25 being quarters here. Maybe in some areas, the terrain, the 108 1 regarding clustering. One person's mitigation and buffering 2 and sprawl is, like you say,someone else's open space or 3 whatever. 4 But having been to England recently and driving 5 along and you're in a country, all of a sudden, you're in 6 thi-s little village, which is very compact, if we still 7 wanted to maintain the three units per dwelling, is there 8 another way we could design the entire residential area so 9 we get more like ten units per acre in the interior and then 10 bigger open spaces all around the outside or something like 11 that, which would give the appearance of a lot more open 12 space than what this may have with some larger lots and so 13 forth and then some residentials? Just wondering if you had 14 thought about that or a comment on that? 15 MR. VAUGHT: Well, we have considered that. I 16 think the whole concept of clustering can get interpreted 17 as -- two ways. One is that we're clustering the 18 development potential on this piece of property and 19 maintaining the open space off -site as well as the open 20 space that is within the property. 21 Two is then looking at individual components of 22 the plan and saying, does that represent a cluster? Staff 23 has said there's really no definition of a cluster, other 24 than, perhaps, it has its own identity in terms of its 25 product, and it might have general access, then, to the 107 1 doesn't go there? 2 MR. LUDWIG: It's school or residential. 3 Ms. BELL: Or,residential. Okay.. Because a 4, school means -there'd be extra -- I guess one of my concerns 5 when I look at this ODP is -- I mean, we're talking about a 6 lot -- about a lot of off -site open space, but. this Board 7 has also had discussions with other projects. 8 I'm thinking of the Ponds area. That project had 9 a lot of interior open space -that could be enjoyed by the 10 residents. ,And I'm trying to visualize, you know, how 11 that's going to work. If that ends up being gobbled up 'with 12 more houses. there. Just a concern I have. I guess I'd like 13 to see there be more -- more internal open space in this 14 ODP. 15, MR. LUDWIG: Once again, the increase in the 16 open space in other areas would mean that there-wouldbe 17 higher density in certain areas, too. It would-be more 18 clustering of development. I think on this proposal,. 19 between the wetlands that are at the southern portion of the 20 property, the park site, the school site goes in there. °21 That would be additional open space. As well as the buffer 22 on the north edge of the property. I guess staff felt it 23 was substantial. 24 MR. COLTON: Just one question or comment,;I 25 guess, on the clustering again. Mr. Vaught, just a question 106 1 there's still three dwelling units an acre. If the school 2 does go in and the City buys that southern portion of the 3' property, it's still at three dwelling units per acre. 4 That's what we did in our review, just to make sure that 5 regardless of what scenario was being built, we maintained 6 the -three dwelling units. 7 MS. BELL: So it won't necessarily get more 8 dense if the school doesn't go in? 9 MR. LUDWIG: No. -What I listed as a number was 10 including the school not being put there. That 702 units 11 was a maximum. And that assumed that everything developed, 12 the school area was residential, as well as the southern 13 portion. 14 The minimum number that was listed in the ODP 15 staff memo indicated if no housing was built on that 16 southern one-third south of the wetlands and nothing -- a 17 school was built on the school site. So that would be the 18 minimum, and that would be five hundred -- I believe this 19 memo says 597? 20 Yes. 189.5 acres would be with a school on the 21 property, no residences there. And the open space to the 22 south, with no residential on it. And that would take their 23 acreage down to 189.5 acres. 24 MS. BELL: I guess what I'm trying to get at is, 25 what are the alternativesfor that site if the school 105 1 MR. VAUGHT: Under option to the City. With the 2 exception that these two pieces are being dedicated. 3 MR. LUDWIG: The secondary uses that.are listed 4 on that ODP are proposed open space. So the primary use was 5 the medium -density residential, and then proposed open space 6 was -listed. So . . . 7 CHAIRMAN CARNES: Is there further Board 8 discussion? Questions? Comments? 9 MS. BELL: Just to clarify, if the school 10 doesn't go in there, that becomes more houses, or could it 11 remain as additional -- as more of a section to that 12 neighborhood park and rec center there? What's happened 13 with that? 14 MR. LUDWIG: That, once again, gets more to the 15 preliminary PUD. But part of the issue on that is we have 16 to maintain a three -dwelling -unit -per acre basis on the 17 Overall Development Plan. And in the LDGS, when it talks 18 about that three -dwelling -unit -per -acre calculation, it says 19 what can be taken out of the density calculation. 'If that 20 is not previously dedicated., we cannot take it out of the 21 density calculation, so we have,to assume there would be 22 three dwelling units an acre on that, on that parcel. 23 What we did is establish to make sure that under 24 any scenario, they maintain three dwelling units per acre, 25. whether the school went in.or not. If, it does go in, 104 1 that for me again. 2 MR. VAUGHT: That area is a part of the 3 Ridgewood Hills ODP that is labeled medium density 4 residential, and this one is multifamily, and this one is 5 convenience center, office. And those are the parcels that 6 Tom -alluded to, were turned 90 degrees from what Tom's map 7 was illustrating, that the City does have under option. 8 And then the Ridgewood Hills development. This 9 is the entrance off of Trilby_ to their first phase. So 10 their first phase is right here, and this is some of the it planning information that we received from Cityscape as to 12 their preliminary concepts that they're looking at for the 13 balance of that property. And looking at Shenandoah, we 14 have already accommodated the potential for those 15 connections to occur. 16 MR. STROM: I'm sorry, Frank. The brown there 17 that you indicated is approved as multifamily? 18 MR. VAUGHT: This is, yes., 19 MR. STROM: On the ODP piece to the east, what's 20 that one? 21 MR. VAUGHT: This one is called medium -density 22 residential. I don't recall what that density or that total 23 number of units is -in that area. 24 MR. STROM: That whole piece from Shields east 25 is either being dedicated or is under option to the City? 103 1 MS. BELL: I think there was. That's why I'd 2 like to see it. It just seems like we do this all the 3 time. We look at these little things instead of the big 4 picture. 5 MR. LUDWIG: Did you.have another slide in 6 there? 7, MS. BELL: What's the big white space? 8 MR. VAUGHT: This is the.railroad right-of-way 9 that cuts through the property. 10 MS. BELL: Is the other just flood plain? 11 MR. VAUGHT: No, there's a portion of flood plain 12 that comes in this area where there are more wetlands. 13 Here's the creek crossing. 14 MS. BELL: But everything is colored but yet.. 15 there's like a rectangle in there that's not. What is that? 16 MR. LUDWIG: That's county residential -- it's 17. in the.county._ It's not in the city limits. . 18 MS. BELL: And it's residential, currently? 19 MR. LUDWIG: There's existing residences. 20 MR. VAUGHT: There's a residence here. Another 21 here. I think these are large.-- large lots that go in this 22 direction. 23 MS. BELL: And,the green area is the open space. 24 MR. ,VAUGHT: Right. 25 MS. BELL:- And..the brown area is -- just review 102 1 in future months. 2 And then the Shenandoah PUD that you'•11 be 3 reviewing next Monday night. And having worked on 4 Shenandoah, I know that we're sensitive to that, .and that we 5 are looking at every opportunity to make those connections, 6 so it is physically possible to live here and get on a 7 system of trails and get all the way to a community or 8 neighborhood center on College Avenue. Or an office park. 9 Or other types of uses that you could get to, in a 10 pedestrian -friendly way. I think we are looking at it in 11 those. 12 CHAIRMAN CARNES: Okay. Thank you. That was 13 sort of an extracurricular question there, but . . . other 14 questions, comments? 15 MS. BELL: Well, just a comment that I think 16 we're talking about something that's really important to the 17 way our community looks, and that is the whole picture as 18 opposed to these -- these smaller ones. I don't suppose we 19 have a picture 'available to us tonight of what this greater 20 picture might look like, since I'm the one with the concerns 21 about how this, you know, -looks currently? If I'm to be 22 supporting it, I guess I want to know how it does fit into 23 the whole picture a little bit better. 24 MR. LUDWIG: I believe there was a slide in 25 there that was showing the— 101 1 presentation at the Senior Center, and I think in general, 2 the urban plans that he presented were of much larger scale 3 and magnitude. than we're considering at 240 acres. and 700 4 units. I think it would be closer to four sections of land 5 or four or five thousand units that he considered, given the 6 kinds of land uses and mixed uses that he included. 7 I think, though, that if one considers that 8 there has been a. master plan ODP approved on this square 9 mile and that you're considering another portion of that 10 next Monday night, and that this piece ties into it with the 11 open space along Shields, that every opportunity should be 12 explored to look at this as the village and not just look at 13 one piece of it. And that wherever we can make those 14 connections physically, we should do so. 15 Now, their pieces of property also are different 16 than.-- than Calthorp's, perhaps, in some instances, in that 17 we have topography here .that he didn't deal .:with in San 18 Diego, along the ocean front, and we have drainage ways that 19 are natural features that we have to preserve, and we have 20 bluffs that have desirable elements to them. So we have to 21 be sensitive in how we address it and how we integrate it. 22 But I think the opportunity exists to look -at 23 Ridgewood Hills, which only has an ODP on -- it has an ODP 24 on it and preliminary and final on one phase of it, so it, 25 perhaps, will be coming back in front -of you in recent -- or a 1 the -- 100 2 MS. BELL: If we approve this now, we're, in 3 essence, saying -- are we, in essence, saying the 4 configuration of this is just fine the way it is? If we 5 don't like the configuration, is this the time to mess with 6 it?- 7 MR. LUDWIG: Yes. 8 MS. BELL: As opposed to later. 9 MR. LUDWIG: At a -later time, the applicant 10 might propose to change the layout of the ODP. it CHAIRMAN CARNES: They would initiate it, not 12 us. 13 I have a question of the applicant. 14 Specifically, we've seen urban -- a lot of urban design 15 here. We even have a booklet, Urban Village, that was 16 placed on our desk here tonight, and we had -- graced with 17 the presence of Peter Calthorp, and he was presenting lots 18 of examples of traditional -type developments. 19 And if there's ever a prime opportunity for a 20 village, I guess it would be this one, considering the 21 likely, you know, isolation of this, in -- from other 22 urban -level developments. How would you relate this to an 23 urban village and any possibility for improvement on it that 24 occurred to you? 25 MR. VAUGHT: I attended the Calthorp �37 I the only area within the city limits that's adjacent to this 2 parcel. 3 And so, I mean, we've had this discussion off and 4 on for a.number of years as to whether it makes sense to 5 just look at development within the city limits or whether 6 we ought to be looking at urban development in general. In 7 fact, I think if we wait for -- well, let me'restate that. 8 I think I'll just leave it at that. 9 If you look at the city limits line, where this 10 particular property adjoins the city limits, it's the- 11 property to the east of Shields Street which is the most 12 contiguous portion of that, is below the.ridge, and it's they 13 property we say we want for open space. So it is, in fact, 14 as close as you can get to development, I guess, within the 15 city limits. 16 CHAIRMAN CARNES: Other questions? Comments? 17 MS. BELL: So when we're taking a look at the 18 general concept of this ODP and each of these parcels, we 19 are,.in essence, approving, in general, the notion that on 20 Parcel C would be commercial, office, et cetera. And when 21 and if we got down to the preliminary phase on one of those 22 parcels, and we felt like the commercial development, for 23 instance, should be in a different place on this ODP, is now 24 . the time to address that? 25 MR. LUDWIG: Now or. at the time -- I mean, •if 1 plan says that residential development will guide the 2 transit routes. 3 So I would say there would be. an opportunity in 4 the future for a transit route in this area, with that 5 number of units. With what's going in on Ridgewood Hills on 6 development, there would definitely -- I'd be surprised if 7 there wasn't an opportunity to do so. 8 Once again, we debate -- the policies are -- 9 we're looking at encouraging -development at three dwelling 10 units an acre in the area, and to go less -- there's two 11 conflicting policies right there in the Land Use Policies 12 Plan. One says developing at three dwelling units an.acre, 13 and the other saying is, well, how far out are we. 14 There's a conflict there. And like we said, the 15 best we can do is to try and address it, I guess, through 16 what the other plans are saying, the further guidance, you 17 know. Like I said, the Land Use Policy Plan was adopted in 18 .179, and there have been further plans that have been done 19 since that time to help to clarify what the land use 20 policy's intent: is. 21 CHAIRMAN CARNES: Thanks. Other Board 22 questions; comments? 23 MR. STROM: .I guess I just have one thought.in 24 terms of contiguity issue. If you look at a map of the city 25 limits, the Ridgewood Hills property to the east is really 97 1 existing levels of police and fire protection. Parks. And 2 utilities should not be allowed to develop until such 3 services can be adequately provided and maintained. 4 And it seems like we have been dancing around 5 that a little bit, especially with regard to parks. I don't 6 know about -- again, I guess we didn't get any response at 7 all from police services, as far as serving this magnitude 8 of development at this distance? 9 MR. LUDWIG: There weren't any concerns. There 10 was a response, but no concerns. 11. CHAIRMAN CARNES: No concerns. Okay. Policy 12 Number 49. The City's Land Use Policies Plan shall be 13 directed toward minimizing the use of private autos and 14 toward alleviating and mitigating the air quality impacts of 15 concentrated use of automobiles. 16 And that was a public concern we heard expressed 17. here tonight as well. What do you do with putting something 18 the size of-- if this is fully developed, something the 19 size of Wellington at this location in.terms of the 20 concentration of, you know, not near employment centers, et 21 cetera? 22 MR. LUDWIG: As far•as the.opportunity for 23 transit, I kind of alluded.to, that,.that Land Use Policies 24 Plan does say that it needs to be close to existing transit 25. ofa sort. ,.However,. the conflict is that the master transit 96 1 We've already heard we don't have a phasing plan for the 2 city's Urban Growth Area. So in terms of contiguous to 3 existing city development within the city limits, what are .4 we are looking at here, nearest such development? 5 MR. LUDWIG: The nearest such development to 6 this would be the Ridgewood Hills area, which is, right now, 7 the phases that are being built are on top of that ridge. 8 So to strictly meet that land use policy, the area that we 9 want as open space would have to be developed. I mean, to 10 strictly be contiguous to existing development. However, 11 the closest is Ridgewood. 12 CHAIRMAN-CARNES: Yeah. Okay. And how far away 13 is that? 14 MR. LUDWIG: The top of that ridge is about a 15 half mile. 16 CHAIRMAN CARNES: Okay. And then going north 17 from there, what would be the nearest development within the 18 city limits? 19 MR. 'LUDWIG: Within the city limits, 1 believe, 20 is Clarendon Hills. 21 CHAIRMAN CARNES: Clarendon Hills? 22 MR. LUDWIG: Which is approximately 23 three-quarters of a mile to a mile. 24 CHAIRMAN CARNES: Okay. Then another one was 25 Policy Number.27. Developments with requirements beyond 95 1 should be and how -- how mandatory those ultimate uses 2 should be. The fact is, there's always the opportunity to 3 amend an ODP to better reflect the market at the time the 4 development actually occurs. 5 But it's when the actual awarding of the points 6 occurs at preliminary where it becomes more critical that if 7 those points are based on planned services, like I know 8 :we're going to discuss when,we talk about the preliminary 9 PUD, that if points are awarded, then it becomes more of an 10 issue that probably the ODP probably would be recommended -- 11 it would be recommended that the ODP not be changed. 12 MR. STROM: I guess part of what I'm thinking 13 about here is that because we're getting a preliminary PUD •14 at the same time as the ODP, we have substantially more:- 15 detail than we might in some cases have with an ODP, and I 16 think we have to be careful about picking at the details .17.. when what we're really -- I mean, we'll get into that'when 18 they get this PUD, but we need to focus, at the ODP stage, 19 on.the,concepts. 20. CHAIRMAN CARNES: The chair has some questions 21 under the Land Use Policies Plan And again, evaluating the 22 ODP., Number 22 indicates preferential consideration shall 23 be given to urban development proposals which are contiguous 24 to existing development within the city limits or consistent 25w with the phasing plan.for;the city!s.Urban Growth Area. 94 1 developing over the last decade is that we've had a series 2 of large property owners who have come in with a master plan 3 so that the City gets an idea of where different'services 4 and different types of land uses -will be occurring in the 5 future. And so for that purpose, we can begin to plan as 6 infrastructure is built and.begin to get an idea of what the 7 city is going to build out as. 8 And in terms of the phasing, however, phasing is 9 more related to specific development proposals that's -- 10 that's characterized by the Planned Unit Developments, 11 because it's at that stage where you actually get into the 12 real business of extending services and where it's critical 13 that we begin to locate closed plan services and planned 14 commercial areas and employment centers. If I'm getting at 15 the right direction, you can nod your head. 16 But the idea is that the ODP is more 17 conceptual. It gives us an understanding of how a larger 18 piece of property is going to be developed, what all of the 19 different amenities are going to be in a neighborhood. 20 That's why the debate had occurred about a year and a half 21 ago about whether or not ODP should ever be changed. It 22 never came to fruition, was never actually debated. 23 But I know it's been a concern to this Board, 24 it's been a concern of Council, and it's been a concern of 25 the staff, about what role ODPs play and how specific they 93 1 time. You know, if had you to write something down to bank 2 on. But we are still looking at that in terms of corridor 3 implementation, and there may be some ways of moving that 4 density off of that .property, but they would be speculative 5 at best today. 6 - MR. BLANCHARD: I think it's also an error•to 7 characterize our review of the Registry Ridge proposal as 8 being dependent on what happens with McKee. In fact, in 9 Tom's presentation, I believe it was the fifth phase of 10 the -- or the fifth area for the open space acquisition, was 11 the only part that was referenced to perhaps being dependent 12 on whether or not McKee develops. And that's that area to 13 the west of Shields on the south end of the property. 14 CHAIRMAN CARNES:. Go ahead. 15 MR. STROM: Bob or Mike, could you give us a 16 little bit of context for ODPs, particularly in terms of 17 phasing? And what I'm looking for, I guess, is my sense of 18 the whole concept of ODP process is that the City would like 19 to see landowners, particularly of large parcels, come in- 20 and give us conceptual design, preliminary planning kind of 21 thing, and that it isn't necessarily germane to the concept. 22 of phasing, which becomes more of an issue when you get to 23 actual PUD plans? 24 MR. BLANCHARD: I think that characterization is 25 accurate. I: think if you look -at the way the city Is been 92 1 end as opposed to the south end, and it seems like we all 2 think that logic dictates that it should have been on the 3 south end. 4 Is there any .chance at all that, you know, could 5 change, that logic could prevail and to put it on the 6 south? Because it just seems like we're making a decision 7 here a lot based on what's going on on that piece of 8 property, and it impacts that entire open space. area. 9 SPEAKER: I think -you gauged it correctly, that' 10 part of the concern was that the McKee property was right in 11 this heart of what was the corridor. I think the way some 12 people have looked at it as that, regardless, they would 13 still be maintaining a very large chunk of open space, about 14 640 acres. 15 With respect to the location of the development 16 portion of that, I haven't given up yet. It's sort of the 17 way I'm looking at it. We have a staff planning team from 18 the County, Loveland, and Fort Collins. We meet weekly on 19 various implementation issues on this. 20 Certainly, this is a serious proposal. We do 21 know that the McKee people were willing to sell that land 22 earlier, and we haven't had any recent contact with them, 23 but intend to reinitiate that. I can't make any promises 24 one way or another. I think your best indicator would be 25 that it does have preliminary approval at this point in 91 1 MS. -BELL: So this development with,700 houses 2 or whatever, by, the time all of those fees are paid, would 3 be able to fully develop this six acres. 4 MR. LUDWIG: , I would assume, yes. 5 CHAIRMAN CARNES: Other Board questions? 6 Again, this is -- we're confining our discussion 7._ to the ODP. proposal here. • • g MS.. MICKELSEN: Point of clarification, again -- 9. again, for myself. We are measuring•the ODP against the 10 Land Use Policies Plan? 11 MR. ECKMAN: The LDGS says you're measuring it 12 against the entire Comprehensive Plan, of which the -well, 13 the Land Use Policies Plan is a part. 14 MS. MICKELSEN: You know, part of me struggles, 15 because, granted, we're not looking at the PUD at this 16 moment, but we measure it against the LDGS. And, you know, 17 I'm just pondering this -.for the moment.. is CHAIRMAN CARNES: While the other Board members 19 are thinking about any questions they may have, the Chair 20 did .a review, of the Land Use Policies Plan and came up with 21 some questions also about certain -- certain ones. Go 22 ahead._ I I. 23 MS. BELL: While you're looking through that, I 24 did have one -more question. Back on this -McKee trust. thing, 25 the McKee trust -says that their cluster will be on the north all 1 that was completely flooded this summer and made -- do you 2 know what I'm talking about? In the -- does somebody over 3 there know what I'ai talking about? Okay. 4 The reason.I'm bringing that up is I have a 5 question regarding that. Did that developer develop that 6 park or was that something that the City developed? My line 17 of reasoning on this is, this is a lot.of homes, and I think 8 that these people need a park much sooner than what -- you 9 know, the City does not have_.a very good track record; you 10 know, via the last bond issue, of approving moneys for 11 developing parks. So kind of see where I'm going with that. 12 MR. LUDWIG: And in this instance, I guess, I'd 13 have to refer to the fact that the property's being 14 dedicated. In all other instances, the City would have to 15 be purchasing this land for a park site. So they're already 16 getting the land at no cost. And so the development of it, 17 I mean, generally, this could cost quite a bit more to 18 develop a park in this area, certainly. 19 MS. BELL: There's no precedent, then; for 20 developers to be building -- to be actually develop the park 21 as part of the -- 22 MR. LUDWIG: That's what the park land fee that 23 we collect is for, is for the development of the parks. 24 It's currently an $813 per dwelling unit fee that they pay 25 to the City for the development of parks in that area. 89 1 MS. BELL: Okay. Thank you. I have -- did the 2 person on the parks -- , 3 MR. LUDWIG: I believe K-Lynn left. As far as 4 answering your questions regarding the parks, in both the 5 ODP packet and -- or in the staff memo and the preliminary 6 PUD-staff memo, there was a memorandum from Mike Powers, who 7 is the director of the CLRS division, and in there, he 8 indicates that once again, that the proposal to dedicate a 9 six -acre par)C site adjacent to a proposed school site 10 interior to the development is -- is consistent with the it existing Parks and Recreation master plan. 12 Now, the level of the development of that park 13 does hinge on whether or not a school does get built there 14 or not, because currently,. on the Ridgewood Hills ODP, there 15 is a school site designated there also. And our. indication 16 from the school district is, they're not planning on 17. building two schools in. the north. So the level of the 18 development of this park will hinge on whether or not the 19 school site is on this project. Regardless, there will be a 20 development of a park. .The extent and how many amenities 21 are to be determined later. 22 MS. BELL: I'm just kind of curious. I'm 23 thinking.like oak Ridge, for instance, up near the 24 railroad. They have --.I guess that's considered like a 25 neighborhood pocket park type thing. It's also the drainage 88 1 widths with six-foot bike lanes on each side, is what we're 2 proposing along the Shields and Trilby .areas, with a center 3 turn .lane as you approach the intersection that would allow 4 that left turn movement. 5 MS. BELL:. So just trying to keep it more 6 rural -looking, and the pedestrian accesses would be internal 7 to -- I guess something that I'm feeling a little concerned 8 about is I'm looking at this ODP, and I understand all of 9 your rationale, you know, for what you've done here, but you 10 know, one of the things we're trying to achieve in this 11 community is pedestrian access to their own community 12 things. And I don't see that really happening the way this 13 current ODP is set up. I think it could happen with maybe 14 some adjustments, but that's just a concern that I have that 15 this. Board has been discussing a lot on other projects. 16 MR. VAUGHT: There is a network that perhaps 17 doesn't show up on your reduction of internal walkways that 18 are in the green space areas that connect into the, 19 recreation,area, and then on through to the park site. 20 There are gaps in lots that occur that allow for connections 21 over to Trilby and then directly into the commercial 22 center. Now, that will be enhanced as the commercial center 23 becomes a reality, if it does, in terms of connecting both 24 the city sidewalks that occur on the streets and the open 25 space walks. 87 1: some:office`space. Anything else being - or does that sum 2 that up?,, 3 MR. VAUGHT: I think that -- well, some 4 neighborhood service retail. You would probably have a 5 complement of retail that include a dry cleaners, those type 6 of neighborhood uses. 7 MS. BELL: Could you give me a reference point 8 for not -- something else in our community that that might 9 be like? _ 10 MR..VAUGHT: Perhaps Park Central would be the 11 first that comes to mind, at Prospect and Lemay. There's a 12 7-Eleven, a.video store, dry cleaners, small restaurant. ` 13 Those -- at least there used to be bike rental store. 14 MS. BELL: About that same size? 11 15 MR. VAUGHT: Uh-huh. 16 MS. BELL: Okay. I guess that was all on that. 17 'Oh, no.. I.did have one more for you,.Frank.- In your first 18 presentation, when you were first up,.you were talking about 19 curb,and gutter. Is there going to be curb and gutter with 20 this project or no curb and gutter? 21 MR. VAUGHT: It will be developed on -site to 22 City standards. At this point, the Engineering Department, 23 though, is saying it's inappropriate to consider curb, 24 gutter, and sidewalks on Trilby and.Shields, but they're 25 saying that it does need to be improved, minimum two-lane 85 1 defined in the.LDGS. However, there isn't.a requirement 2 that they have to.. They are providing, though, neighborhood 3 service convenience uses to this project. 4 CHAIRMAN.CARNES:..I think for purposes of 5 facilitating this discussion at this point, maybe we just -6, need to focus on the ODP. Otherwise, it can get pretty 7 confusing in a.hurry. We're talking about Land Use Policies 8. Plan.: So other Board questions? MR. DAVIDSON: I'd like -to make some exception l0 to some credit you gave for the child care center. I, 11 realize this probably .won't make or break anything. 12 CHAIRMAN CARNES: That's part of the PUD. 13 MR. DAVIDSON: I'm sorry. I'm sorry. 14 CHAIRMAN CARNES: Could we limit our attention 15 at this time to the ODP? 16 MS. BELL: I just have a couple of questions. 17 ;. Do we.have.any criteria regarding the size.of .this park, .•18 based on the number of units that this park area will be 19., serving and could.I just have a quick update on kind.of 20 what's happening.with.parks.in this general area. 21 MR. LUDWIG: I believe.Kevin Cameron was here 22 earlier from.our Parks Department. 23 MS..BELL: Let me.-- I'll just run..through•a 24 couple of my other.questions while we're waiting for her. 25. MR: LUDWIG:-.Okay... 84 1 three dwelling units per acre. Unless a property is 2 previously dedicated, At cannot be taken out of the density 3 calculation. 4 And so since the school site had not been 5 dedicated to the.school district, we had to include that in 6 the- density calculation,and for that purpose, that's. what 7 the secondary.use was, ,and that's how we calculated that, to 8 make sure they were still three dwelling units an acre. 9 CHAIRMAN CARNES: _Other Board questions? 10 MR. COLTON: Yes, clarification. It's obviously 11 not near employment and probably never will be near major 12 employment, given its location, I would assume. And then 13 the question on this shopping center. Is there a certain 14 criteria for the type of definition of a shopping center 15 here, having a good-sized grocery store, which I think Mr. 16 Vaught said would not be the intention here, so I'm 17 wondering if a neighborhood convenience center, which I 18 understand, is a gas station and 7-Eleven, would meet the 19 criteria of the neighborhood shopping center.as discussed in 20 the criteria in the land use policies. 21 MR. LUDWIG: We, once again, as far as the... 22 Code -- codified of those land use policies is the 23 residential uses point chart, and they are claiming --.just 24 a second here. They are not claiming any points for being 25 located near a neighborhood.shopping center as it might be 83 1 whole process is. 2 MR. LUDWIG: First of all, as it was alluded to 3 earlier, the property is located in the Thompson Valley 4 school district, not the Poudre R-1 school district. 5 So basically, in the review of this project, the 6 applicant did contact the school district about the building 7 of a school there. And.the documentation that I got from 8 the school district, when they originally submitted their 9 proposal, we were not willing to award points for a school 10 unless we had a commitment from the school district that, 11 yes, they were going to build a school on that site. 12 And the letter that came back from the school 13 district said that while they were generally looking at 14 locating a school in this area, meaning in the northern 15 portion, they were in the process of updating their school 16 master plan for facilities and were not comfortable in 17 committing to •any specific site at that time. And so 18 therefore, we did not award any points for being in 19 proximity to a school. 20 However, once again, our policies encourage 21 mixed use, and by showing that on there, we felt -- showing 22 it as a primary use, was achieving a mixed -use goal. 23 Now, the secondary use that is listed is for 24 residential, and that goes back to actually a 1.12, which is 25. our All -Development criteria requiring a minimum density of 82 1 list of policies on the left-hand side and some explanation 2 on the other side. 3 So I think that, when it says that in reviewing 4 these development proposals, the listed concerns will be 5 used as criteria, I think that concerns are probably 6 intended to be the policies. And then I -- it says 7 additional specific policies may need to be established in 8 order to achieve the list of concerns. If they haven't been 9 established, there wouldn't be anything to consider except 10 the ones that are listed. 11 CHAIRMAN CARNES: And so what I understand you 12 said was that is that it is proper for us to evaluate the 13 Overall Development Plan as distinguished from the PUD 14 that's before us also. It is proper to go through this, as 15 far as our consideration of the proposal for the ODP; is 16 that correct? 17 MR. ECKMAN: That's correct. As far as the ODP 18 is concerned. 19 CHAIRMAN CARNES: So Mr. Colton, did you have 20 any additional questions on this? 21 MR. COLTON: I guess the question on the school 22 is, since there's not a commitment, that it is not next to a 23 planned or existing school? Is that probably the way I 24 should interpret it? Because I kind of wonder how many 25 people it takes to even have enough for a school, what that 81 1 (Video portion of tape restored.) •2 CHAIRMAN CARNES: Mr. Eckman, I'd like some 3 clarification on this point. We go to page 24 of the Land 4 Use Policies Plan. And 3, it says the City shall promote 5 3A, 39, 3C, 3D, et cetera. Then the explanation or 6 discussion, it says, in City review of development and 7 redevelopment proposals, the list of concerns will be used 8• as criteria and proposal evaluation. Additional specific 9 policies may need to be established in order to achieve a 10 list of concerns. 11 So what I hear -- what we're doing here is we're 12 doing this review of -to see to what extent -- we know the 13 ones from the staff report, that staff feels this proposal 14 meets, and then there's some that perhaps it would not . 15 meet. And so can you clarify a little more about, you know, 16 this plan versus the LDGS and what we're starting to look at 17 .here? 18 MR. ECKMAN: The LDGS, on page 91, says that the 19 overall Development Plan does not -- is not to be reviewed 20 on the basis of specific design standards and criteria 21 contained in this section but rather on the basis of 22 conformance with the City's Comprehensive Plan.•• 23 And then the Land Use Policies Plan is a part of 24 the City's Comprehensive Plan. When it says -- and I didn't 25 have a copy as you were reading, but I do now. You have a 80 1 currently have guidelines. They were codified into the 2 residential uses point chart. And that point chart simply 3 states they need to achieve 60,points to develop at three 4 dwelling units per acre. .And through whether it's base or 5 locational criteria, and that is what they've done. 6 - As far as a phasing plan, that is at least a 7 component of the Comprehensive Plan update. That is one 8 item in the Land Use Policies Plan that has never been 9 adopted by the City. We've never done that phasing plan 10 yet. So that is coming up with the Comprehensive Plan 11 update.. 12 As far as the transit. I know the Land Use 13 Policy Plan references that transit should be -- that 14 development should follow transit. Well, there's a 15 difference. with that in the transit plan. A couple weeks 16 ago, I believe it was indicated that the transit follows the 17 development, is how the mass transit plan is adopted in the 18 City. 19 So there are some conflicts, and that is one of 20 the purposes right now in the updated Comprehensive Plan, is 21 to resolve some of these conflicts between projects not, 22 meeting all of the policies, the Land Use Policies Plan, and 23 meeting some of them. I guess I have to just refer once 24 again that they are guidelines and not regulatory or 25 codified elements. 79 1 other alternative modes of transportation. And 78, again, 2 residential development should be directed into areas which 3 reinforce our phasing plan. So I really need to understand 4 this phasing plan. 5 SPEAKER: So would you please respond to that 6 general line of questions? 7 SPEAKER: Sure.. First of all, I'd like to 8 begin, just,a little bit of explanation about the Land Use 9 Policies Plan. A key word that's in the very beginning of 10 that document is that they are policy guidelines. 11 Basically, these guidelines were codified by the LDGS, as 12 far as several of the items that you had questions were 13 proximity to employment, access to school and this sort. 14 Those were codified by the LDGS in the residential -uses. 15 point chart. There are, obviously, several of them. 16 That was one of the' issues, when we were 17 reviewing this., was, you. know, what -- basically, as far as 18 the transit and that, those are all base locational criteria 19 in the LDGS, and there currently isn't a requirement that 20 there be certain percentage of points that come straight 21 from base on location. It currently does not designate 22 that. I.know the Board did consider that and made a 23 recommendation to the.Council, but that has•not been.adopted 24 yet. 25 So basically what .we're looking at is we 78 1 seems to be out a long ways from other developments. And I 2 guess that probably pretty well covers it. 3 SPEAKER: If I might interject here.You've 4 mentioned a number of elements of the•-- what's called the 5 Land Use Policies Plan, and according to that, we are to 6 review every proposal with respect to this plan. It's got, 7 oh, like.97 different parts to it. And the staff, in their 8 report, did identify the policies with the specific policies 9 which this proposal, they felt, met. And so I hear your 10 question as being, which policies -- there may be some 11 policies that perhaps it does not meet, and you have 12 identified some of those? 13 SPEAKER: Correct. 14 SPEAKER: Okay. 15 SPEAKER: In fact, some of these are at odds 16 with each other. The requirement of three -- gets to the 17 heart of the requirement of the three units per acre yet 18 close to existing development and so forth. 19 SPEAKER: And specifically those are, again? 20 You mentioned 3B. 21 SPEAKER: Yeah, 3B, 3D, I guess 79, B, C. and D. 22 22, 23, 24. Again, a lot of those have to do with different 23 types of utilities.and so forth and whether they're in 24 place. I guess -- I didn't mention number 50, which is mass 25 transit leads, although that.was kind of covered by the 77 1 planned neighborhood and regional community shopping 2 centers. I'm not sure,,maybe you could clarify, whether a 3 neighborhood convenience center with maybe a 7-Eleven meets 4 a criteria of a neighborhood shopping center per this 5 guideline. 6 - And this also highlights that you should have 7 easy access to major employment centers and walking distance 8 to an existing or planned elementary school. I guess my 9 question is, if the school district has not commited to a 10 school here, would this not be a violation, perhaps, of that 11 aspect as well. 12 And then there's a lot of policies in here 13 regarding phasing, and I can't -- I'm not an expert on all 14 of these, but like 22 and 23 and 24, where it talks about 15 preferential treatment, consideration given to urban 16 development proposals which are contiguous to existing '17 development within the city limits or consistent with the 18 phasing plan for the City's Urban Growth Area. 19 I guess I need a little more clarification on the 20 phasing plan for the City's Urban Growth Area, because it 21 talks about, in point number 23, the expansion plan to 22 services and facilities, including utilities, 26 is -- yeah, 23 available of existing services. There's just'a lot of them 24 in there that deal with the phasing, and I guess I have a 25 question as to how that applies to this development. It 76 1 locating the residential development within the corridor.. 2 So there was a basic philosophical difference 3 given the fact that the corridor plan was in process at the 4 time, and the question about whether it was appropriate to 5 locate development just outside of our Urban Growth Area 6 when part of the site itself was actually located within 7 Loveland's. 8 SPEAKER: Thanks, Bob. 9 SPEAKER: Glen? - 10 SPEAKER: Yeah, Mike. My understanding is we 11 need to evaluate it in the Comprehensive Plan and the land 12 use policies plan. You outlined maybe eight or ten elements 13 that support this usage. And I guess I have a question on 14 these other elements and whether you think this supports 15 these other elements or not. 16 3B, which is to promote alternative 17 transportation mode. I guess the question there is, will 18 this be promoting.alternative --.does it have any access to 19 mass transit or other alternative modes? And then 3D says 20 the location of residential development, which is close to 21 employment, recreation, and shopping facilities, and I guess 22 I'd like to understand what employment opportunities are 23 nearby. 24 And this is also highlighted more in point 79, 25 Item Number 79, which talks about easy access to existing or 75 1 concerns, and then narrow it down to, what's the specific 2 proposals, of which there are two that are before us now. 3 So who would like to start? 4 SPEAKER: Mike, a couple of questions. First 5 would be, what is the closest existing sewer and water, City 6 sewer and water? 7 SPEAKER: It's to the north on the railroad 8 tracks, about, I think it's about a mile and a half. The 9 applicant would be required to extend that -- those services 10 to the site at the developer's expense, not the City's 11 expense. 12 SPEAKER: Okay. And this sort of goes back to 13 another question about McKee trust. I guess I've heard a 14 lot of bad things about McKee trust in the past. So I'm. 15 wondering, if the City was so opposed to McKee trust in the 16 past, in this area adjacent to this development, why are 17 they so strongly recommending Registry Ridge? Tell me 18 the -- I guess give me a comparison here. Give me a better 19. feel. I've heard some of it but not all -- 20 SPEAKER: The issue on the McKee trust that City 21 Council debated, before they sent a letter to the County, 22 was the fact that it was on approximately 900 acres and they 23 were clustering all the property to the north. But yet the 24 lower third, the southern third of that site, was located 25 within Loveland's Urban Growth Area, but yet they were 74 1 county residences to the north proposed. The combination of 2 those setbacks with�the landscaping and a transitioning of 3 the density. The lowest density in this entire development 4 is on the northern portion of this proposal. And gradually, 5 then, transitioning back into the multifamily portion and 6 that sort. 7 So from that perspective of being compatible, we 8 felt yes. Is it identical to the county? No. And it can't 9 be. Because, once again, we'..re dealing with, under current 10 policies, it's in the city limits. It's in the Urban Growth 11 Area. It's required to develop at three dwelling units per 12 acre. 13 SPEAKER: Thank you. I think the Chair has 14 asked enough questions, and hopefully, we've pretty well 15 covered all the concerns that have been raised both before 16 our hearing tonight and at the hearing from the public 17 side: We have the applicant's responses and inputs. 18 So I'm going to bring it back to the Board for 19 Board questions and comments, and then I'd like to draw it 20 down to -- we're really looking at two things here. We're 21 looking at an Overall Development Plan, and then we're also 22 looking at a proposal for a preliminary Planned Unit 23 Development, given that Overall Development Plan being 24 approved. And so I'd like to kind of keep it open as far as 25 the kind of questions we've been asking, general issues, 73 1 otherwise be developed, will not be developed as a result of 2 that dedication. But I think the short answer is that we 3 don't have a good definition of clustering within the city 4 limits. 5 SPEAKER: Thank you very much. And one final 6 question that was raised, I think more than once, is this 7 notion of a soft edge versus a hard edge, and I know we 8 don't have any policy on that, no clear definition. Would 9 there be any discussion, any helpful hints, on that? 10 SPEAKER: In reference to the density, it's kind 11 of a balancing here. We're trying to -- I mean, as far as 12 the open space. As far as the corridor planning goes, staff 13 felt that we were getting the best we could get for -= for 14 an advisory document. We're meeting that document, and you 15 know, technically, an advisory document, on a legal basis, 16 would be carrying less =- less weight. 17 As far as the density goes, we do have a minimum 18 requirement of three dwelling units in the city, and it has 19 been reinforced by recent City Council action. So is it too 20 high? We require three dwelling units per acre. This is at 21 3.07. This is the minimum number of units to still meet 22 three dwelling units an acre. 23 Is it compatible with surrounding uses? Staff 24 felt yes.' By a combination of things. Of how it's 25 buffered. First of all, there's generous setbacks to the 72 1 SPEAKER: Thank you. I guess one question 2 that's come up, both under public input and a couple Board 3 questions, and that's in the corridor plan that's the 4 advisory document, there's reference to clustering. And I'd 5 like to hear from someone who is a part of that exactly how 6 that might -- might have been -- we have a definition of 7 residential is,three or more units as shown there. Was 8 there any illustration of that or definition of clustering? 9 SPEAKER: I think. -Tom -- 10 SPEAKER: There really wasn't any more definition 11 of clustering than the slide that Mr. Vaught presented 12 earlier. I think one version of it is represented by the 13 McKee Charitable Trust property, where that property is 14 zoned in the county, and would -- could have developed or 15 could develop at one unit per 2.3 acres. And what they 16 proposed and the County approved was to move all the density 17 to one end. That's one version. Another might be smaller 18 areas.of development at various places on it. 19 I think there is a distinction which many people 20 in the audience have made clear tonight between the zoning 21 in the County and the zoning or PUD in the City. And so the 22 clustering within the City, I think, is more problematical, 23 and I think the best approximation to it is that we've seen, 24 probably does represent the off -site open space dedication 25 where there is, you know, definitely units that might 71 1 shot of looking to the south. 2 In the background there, you can see large 3 estate lots that are just to the south along Trilby Road of 4 this proposal. And once again, you're starting to see the 5 beginning of the ridge, which is to the east on Shields 6 Street. 7 And once again, that ridge, and to the left of 8 the picture, you're just starting to see the development S" that occurs along -- that exists along Trilby -Road. 10 Once again, further north. 11 Then looking back down in the background there, 12 you can seethe county residences that line Trilby Road. 13 And then back down to the south. 14 These.are taken from Shields Street at the 15 southern portion of the property. This is approximately at 16 the boundary of the off -site open space dedication on the 17 east side,' so I'm sort -of standing on the dedication there. 18 Once again, the view of the foothills: 19 These are the large estate lots that I was 20 referring to in earlier slide. And then to the south. 21 And then this is a slide of the proposed open 22 space, which is the'102 acres that's proposed to be 23 dedicated. Once again, as Tom referred to, the ridge is 24 a -- is a major concern,, coming back then. So . 25 And that concludes the site shots I took. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70 process now. SPEAKER: So that would be a distance of -- SPEAKER: Three miles. SPEAKER: Okay. SPEAKER: Actually, four miles. . SPEAKER: First of all, this slide was taken from the southeast corner of Shields Street and Trilby Road. Looking to the north, you can see the existing county residences there on the corner of Shields Street and Trilby Road. Looking at the site, this is looking to the west, down the boundary of Trilby Road, towards the mountain -- foothills. Once again, this is more of just a panoramic view, looking from that same spot towards the middle of the property and to the south. This is along the west property line, this PUD, looking down the fence line from Trilby Road. And the next slide will show you this pretty dramatic rise in the terrain from that corner of the property up, which, a majority of this corner, is going to be the storm water detention area, so protecting that setback. Here, I'm standing about halfway down the west property line of the project, and it's basically a panoramic 1 values. I've heard some references to mitigating or 2 protecting certain viewsheds here, certain areas. And that 3 was addressed in -the corridor plan, which is an advisory 4 document. Are there any staff assessments of the impacts of 5 the development on the vistas in this area? 6 - SPEAKER: I think from our review, we were 7 looking at the setbacks that are proposed along Trilby Road 8 and from Shields Street on the north edge of that property. 9 Once again, the property, as -far as its contiguous boundary 10 to Shields Street, it only goes down about halfway down the 11 site, and once.again, the larger setbacks. I do believe 12 that Mr. Dowling requested to look at some of the slides, 13 and I thought that might be helpful for the Board. 14 SPEAKER: Okay. Could we have a view of the 15 scenic values, then? 16 SPEAKER: Pardon? 17 SPEAKER: Could you please go ahead and show us 18 the slides? 19%• SPEAKER: Sure., 20 SPEAKER: While Mike's going to fix the 21 projector, we checked on the location of the nearest fire 22 station, and probably the one that would service this, at 23 least right now, is the one on Harmony, to the east of 24 College. I know that the Poudre Fire Authority is looking 25 at locating one to the south, but they're still in that 68 1 street somewhat. And also, improvements would be placed 2 on,-- for this project along Trilby and up to the existing 3 improvements that are being done for Ridgewood Hills. So 4 there are improvements along both sets of streets, but along 5 their frontage and off -site also.. But the extent of what 6 those include has not yet been completely determined. 7 SPEAKER: There's some question about, I think 8 it's clear that included in those improvements would be a 9 bicycle path or bicycle lane -as well as sidewalks? Is that 10 correct? 11 SPEAKER: There probably would be ability for 12 bicycle lanes or at least .a shoulder, maybe, that would 13 accommodate bicycles. There would not be a walk required, 14 necessarily, along Shields. Maybe along Trilby, up to 15 Ridgewood Hills. That might be. something there. But we 16 really haven't looked completely into it. We've gotten a 17 submittal on what they've proposed for the area, which we're 18 in the process of reviewing, and will determine based on 19 what we see and what we can require, based on the Code. 20 SPEAKER: Okay. Any other Board questions 21 regarding the streets, improvements? 22 Okay. Thank you. 23 Frank Dowling had some questions under public 24 input regarding, you know, the open space, natural areas 25 plan,.the. corridor. We've talked about that. Scenic 66 1 If you took a list of all the intersections that. meet a peak 2 hour warrant -- and that basically means it's very difficult 3 to make a left turn out of it during the peak hours -- that 4 the list is quite substantial. I believe that geometric 5 improvements would help that intersection significantly 6 without the signal. It will be signalized some day, but not 7 in the very near future. 8 I think I hit them all. There was an issue 9 concerning when SIfields Street south of Horsetooth would be 10 improved, and I.-- 11 SPEAKER: Yes, Bob Furst, public input. I had a 12 question about the impact on that far north from increased 13 traffic from this development. 14 SPEAKER: I'll defer that to Sherry from the 15 Engineering. Department. She's more familiar with that, when 16 those improvements would take place. It came up. 17 I missed the question about maintenance. That 18 once it became a City roadway -- currently, it's two county 19 roads, County Road 17 and County Road 34. We would maintain 20 it. Whenever we took over responsibilities of the roadways, 21 I would imagine that's when we took over responsibility for 22 maintenance. 23 SPEAKER: I guess we included Trilby? 24 SPEAKER: When we took over the responsibility 25 for them. Right., 65 1 A couple of questions came up in terms of the 2 existing volumes. There's currently approximately a 3 thousand vehicles a day on Trilby. There's probably eight 4 to ten thousand a day on Shields Street. Shields Street 5 traffic has grown significantly over the past few years. 6 It's becoming -a major corridor between Fort Collins and 7 Loveland. We do have some problems at the intersection of 8. Trilby 'and Shields currently. It has to do with the 9 geometric problem. That problem exists whether or not this 10 development is approved, or it's not approved. It has to do 11 with the need for some auxiliary turn lanes and the 12 narrowing of Shields Street south of Clarendon Hills. 13 If you've ever been out there and observed it, 14 as vehicles are making north and left -bound, on left turns, 15 people actually drive on the shoulders to get around them. 16 There is a need currently for north and southbound left -turn 17 lanes. This development does provide that, and 18 improvements, I believe, are going to be required to -- on 19 Shields Street, including the center left turn lanes along 20 it. 21 The intersection is close to meeting warrants 22 right now, actually peak hour warrants, which means that it 23 would be eligible for a traffic signal: However, we 24 generally don't install signals based on peak hour 25 warrants. There's a number of warrants that could be met. 64 1 They would have to address the volume concerns, out to the 2 natural drainage way, which is immediately north of his 3 property. One of their solutions was to propose a 4 detention/retention-facility, whichwould actually percolate 5 into the ground, but their latest design does not include 6 any -kind of retention. It's just detention, which means 7 it's just temporary stored, and then it will drain out. 8 SPEAKER: So we may come back later. Have you 9 recommended any conditions? _ 10 SPEAKER: No. It looks like we're on track. 11 SPEAKER: Okay. Thank you, Mr. Schluter. 12 Mr. Miller also mentioned traffic. And I think 13 we had a recently -- did you say the applicant just 14 submitted an update on the traffic study tonight? 15 SPEAKER: Yes, it was in September, and Eric 16 Bracke of our Transportation Department -- I'm sorry I'm 17 deferring everything, but I'm going to the experts. 18 SPEAKER: So has staff had the opportunity.to 19 review all the evidence, studies; and evaluate this? 20 SPEAKER: Yes, we have. 21 SPEAKER: Thank you.. Yes. 22 SPEAKER: I have had an opportunity -- excuse 23 me. I have had an opportunity -to review it and don't have 24 any real issues with the reports that have been filed so 25 far. 63 1 SPEAKER: Now, what would-be the nearest fire 2 station? Just curious. 3 SPEAKER: I'm trying to think. 4 SPEAKER: Perhaps later.,' 5 SPEAKER: Yeah. 6 - SPEAKER: That's okay. We have a question about 7 storm water impacts. Detention, retention, off -site 8 easements, existing problems. None were noted in the staff 9 report. What are the issues, if "any, as far as the City's 10 staff is concerned? 11 SPEAKER: Glenn Schluter from the Storm Water 12, Utility is here. I believe in the staff memo, there was an 13 extensive letter, I believe, regarding the -storm water 14 detention and some existing problems that are occurring out 15 there on the north side of Trilby Road. So I believe,, 16 Glenn, can you address that? 17 SPEAKER: -Thanks. 18 SPEAKER: The primary issue that I'm aware of 19 was the -outflow to the -north that goes across Mr. Wilson's 20 property, and we had met with him briefly out'in the field 21 with him, and the design engineers are working on a 22 solution. They need to get their surveyors out there and 23 try to resolve his concerns. 24 Basically, the outfall is a legal existing ` 25 outfall, so they have every right to drain that direction. M 1 correct? We'll get clarification from her regarding the 2 obligation of the developer. 3 SPEAKER: No. The only thing that has been done 4 is to put a deed, a signed, executed deed, into an 5 irrevocable trust escrow. The church has voted to accept 6 it.- So, again, it's contingent on approval, obviously, of 7 Registry Ridge, and automatically, if that is approved, it 8 will come out of escrow and become property of the church 9 for a day-care, and of course_, cannot be changed. The use 10 of it, unless the ODP were to be amended and approved by the 11 City at a future date, if it were requested, and that would 12 be discretionary. 13 SPEAKER: So -- okay. 14 SPEAKER: Let's see. Mr. Miller had a number of 15 concerns about fire and police response times. I know it's 16 within the city limits, and we are providing service to 17 that. Have -we had any response from fire, police, regarding 18 this proposal? 19. SPEAKER: There were no comments or concerns 20 expressed by either. Once again, the Poudre Fire Authority 21 does not just -- I mean, they take care of .both county -- 22 they serve both county and city limits, so that's the same 23 service between the two. However, we .did not receive any 24 concerns or comments from the police department about 25 providing service to this area... 61 1 rationale for approving it was that they really had 2 dedicated, or will dedicate, 640 acres as part of it. 3 SPEAKER:. This might be a better question for 4 Mr. Vosburg,.I don't know,_ regarding the McKee and how their 5 conceptualization of clustering versus the clustering that 6 we're doing in the Registry Ridge, how would those two 7 compare in terms of viewing it on how many acres and the 8 degree of clustering?. 9 •SPEAKER: Maybe we should do this later. 10 SPEAKER: I think so. Let's finish -with the 11 public's questions, get the staff response, and. then we'•11 12 come back to that. So if you'll hold that, please. 13 Leanne Thieman had one other -question that I 14 note here, .that, again, I think we've had a response from 15 the applicant that's very specific regarding the day-care. 16 Leanne thought that would be unlikely, and•I- guess, Mr. 17 Eckman, could you translate what we were told about the 18 placing that in escrow, the day-care? 19 SPEAKER: As I understand it, there was an• 20 agreement that had been reached with the church and has been 21 executed whereby the church will operate the day-care 22 center. So -- and I would have to seek verification from 23 Ms. Liley, but I gather that the developer, -if the 24 development proceeds, the developer is obliged to the church 25 to establish .that day-care .center. Or would that not be m 1 do you know the status? Oh, well. 2 SPEAKER: I think the question was, what was the 3 status of McKee.Charitable Trust property. 4 SPEAKER: Right. We're developing a bunch of 5 open space, and housing right to the south of.us, anyway. 6 What's the kind of impact on this? Like you said, is Area 5 7 worth.acquiring if you have development to the south? 8 SPEAKER: Well, I think that is a decision we 9 would need to make later as -- you know, once we know better 10 the status of the McKee project. My best understanding on 11 it, as based on a conversation with Mr. Legg from Larimer 12 County, as.recently as a week ago, is that they do have 13 preliminary approval on that, and as you know, that involved 14 conservation easement on 640 acres to the south. So they're 15 clustering their units to the north there. But they 16 haven't -- haven't any indication of that project moving 17 ahead in the near future. 18 SPEAKER: And one other thing. In the plan.for 19 the corridor, McKee area was not in,there, right, either in 20 the preferred or the alternative area. That wasn't showing 21 any development with McKee -- 22 SPEAKER: Well, no, it wasn't. And as the Board 23 is aware, the plan is an advisory document at this point in 24 time, and the City of Fort Collins did oppose that 25 approval. The County did approve it. And I believe the 59 1 Fromme Prairie over in this area, certainly a locus of 2 activity. 3 Part of what's going on here is the prairie dog 4 colony and the size of the area. And we have observed that, 5 we'feel that an area of at least a hundred'acres is 6 important to maintain use by wintering raptors, and that's 7 part of the motivation for what we were trying to achieve in 8 our discussions with the applicant here. 9 SPEAKER: What type of -- I realize you need a 10 larger acreage, but one thing I think of, .if this were to 11 become open space, is Area 4, which is an option. If that's 12 factory homes and things of that sort, you'd have a much 13 higher density here. I wonder how great an impact that 14 would be on that raptor area, even though it's a sizable 15 area. 16 SPEAKER: It would certainly move activity'away 17 from there, soI would expect some decrease in activity in 1s this area. I think part of the question as well, though, 19 relates to this whole picture of green over in here, where 20 we are working very, very hard to protect very substantial 21 areas of both cropland.and grassland further to the west, 22 abutting the'foothills. 23• SPEAKER:' Thanks. 24 SPEAKER: Tom, I don't know if you're the right 25 person or not, but what•is•the status of McKee area and -- 58 1 is not that we don't feel it would be desirable open space, 2 but it does have at least an ODP approval for.an affordable 3 housing project there; and given the need for affordable 4 housing in this community, we feel that further discussion 5 needs to occur before we would move ahead and acquire that 6 site. 7 We have, I think, maintained the ability to meet 8 the spirit and intent of the corridor plan with respect to 9 Area 5, but frankly, we're waiting to see what we might be 10 able to work out with the McKee Charitable Trust and what 11 that might evolve as well. Purchasing this area for open 12 space, if McKee develops, may not make a lot of sense. If 13 it doesn't develop, it probably makes a whole lot of sense. 14 I hope I've addressed your questions. If you 15 have specific ones, I'll try harder. 16 SPEAKER: Quickly, while Mr. .Shoemaker is at the 17 podium, would other Board members have questions of him at 18 this time? 19 SPEAKER: What type of raptor population do, we 20 have in that area? 21 SPEAKER: One of the resource value in this area 22 is its use as a wintering habitat for eagles and. hawks. The 23 major area where -- and I don't have specific numbers at my 24 fingertips. We do consider that one of the areas that has 25 higher -than -usual wintering raptor activity, the Cathy 56 1 ambitious. It also is meant to be conceptual at this point, 2 meaning hard boundaries. We didn't -- weren't able to take 3 the study -area to look at, you know, is this boundary 4 exactly right? But generally, to give a vision of the. 5 future land use scenarios. 6 - With respect to the area involved in the 7 off -site dedication, this area was clearly identified as 8 desirable open lands in this plan and had previously been 9 identified in the City's natural areas plan, at least the 10 area between the top of the bluffs and,the railroad tracks. 11 The main reason for that was the significant natural feature 12 of the bluffs and the remnant native prairie bluff -type 13 vegetation there. We felt that if you're traveling north or 14 south on Shields and want to have a view of those bluffs, 15 that keeping the area between the railroad tracks and 16 Shields open was also important to accomplish. 17 With respect to this area in here, I'll be 18 really honest. At the point 'in time when we.were putting 19 together the plan, we were looking at -- it was a very 20 difficult process. Mr. Colton was involved in this as . 21, well. And there was sentiment that none of this should 22 happen or none of this was feasible, and we'd have colored 23 areas all through this, to the sentiment that all of it 24 should be green. 25 And with respect to this area, you know, I think 55 1 adopted earlier this year, I think our thinking -- I don't 2 think, I know our thinking about open space and natural .3 areas in this region had evolved quite.a bit. 4 And so rather than a one -mile buffer or one -mile 5 separation between the two cities, we expanded the study 6 area dramatically and included, at least for the 7 consideration of context, from Harmony Road all the way down '8 to 57th Street in Loveland. And I think what we did, and •9 was also -to look at various open space considerations; 10 agricultural protection, areas around the airport, 11 significant natural areas, and that sort of thing, in 12 forming the recommendations about a sort of a vision of a 13 preferred land use scenario for this area. 14 I think the most important thing to notice is 15 that there's an awful lot of green on this area, or on this 16 map. It is, in my judgment, ambitious at this point in 17 time, even given the overwhelming support for open space 18 approved by the voters recently. I don't have the exact 19 acreage .here, but I think just in•comparing, if you envision 20 the known hypothesis being either brown or yellow throughout 21 the entire study area, you can see that the plan that was 22 approved as -a preferred land use scenario did envision quite 23 a bit of open land. And a major step forward from where we 24 were before. 25 Two points, I guess. One is that this remains 54 1 the -- I think those would be the two to start with. It 2 seems like that's the big picture we're working from at this 3 point. 4 SPEAKER: I'd like to defer to Tom Shoemaker, 5 the Director of Natural Resources, as far as the open space 6 plan and the ---I'm sorry, the corridor plan. 7 SPEAKER: Again, Chairman Carnes and members of 8 the Board. I guess what I would like to do is give you just 9 my perspective on both the open space dedication and what 10 we've done in reviewing that, and also give you my 11 perspective as one of the staff members who was involved in 12 preparing the corridor plan. And if. you have specific 13 questions, I know you'll let me know of them. 14 Mike, if you could help me find the slide that 15 shows the different parcels on the off -site dedication. 16 On -site up there in the last part of Lucia's speech was 17 off -site, when she was talking about the deeds. 18 Okay. I think I'll -- can the cameras get this 19 map okay so that you all can see it? Okay. 20 Starting with the bigger picture, this is the 21 preferred land use scenario for the plan for the region 22 between Fort Collins and Loveland. On a historical basis, 23 when we refer to the corridor plan, we were talking about 24 this one -mile strip between the Urban Growth Areas of 25 Loveland and Fort Collins. When the plan was redone and 53 1 the density. 2 So I think the point that Frank was making is, 3 it's real difficult, when you have that minimum requirement 4 and when you see what has been done very recently, to know 5 how to deal with this issue and meeting the.City's 6 requirements while understanding that the neighborhood might 7 want a lower density. We feel at this point that all we 8" can do is comply with that three dwelling units per acre in 9 the absence of anything we see that would dictate that w 10 either the Board or Council would approve a variance to 11 that. 12 I want to correct one point that Frank made 13 about the deeds. The deeds have actually all been put in 14 escrow. They're fully executed and have been put in an 15 irrevocable escrow. They've been reviewed and approved by 16 the City. And those are deeds for all the on -site open 17 space, deeds for the park site, and a deed for the day-care 18 center. Thank you. 19 'SPEAKER:' Thank you, Ms. Liley. 20 Now, we'll bring it back to the Board for -- I'm 21 going to try to summarize the questions for the staff on the 22' part of the public. And starting with Leanne Thieman's 23 questions, I think some of those have been addressed by the 24 applicant. 'I'd like to also hear the staff address the 25 corridor, the corridor plan, and the open space dedication, 51 1 rules we•have to look to are what the City's adopted plans 2. and policies are; and right now, like it or not, those 3 require a minimum of three dwelling units per acre. 4 It's interesting to note, too, that what's 5 driving the IGA amendments that are coming back to the 6 Council in the spring, the driving force is really the 7 corridor plan. One of the implementation strategies, the 8 first one, recommended in the corridor plan, is for both the 9 cities of Loveland and Fort Collins to take'a.look at their 10 IGA agreements, and to the extent that the IGA provisions 11 are inconsistent with those areas in the corridor plan which 12 are recommended for open space or for a lower density of 13 residential, that they may amend them so that they don't 14 have inconsistent documents. .15 One point I want to stress is that if you look 16 at the:corridor plan, this area proposed for Registry Ridge 17 is not shown for lower -density residential or for open 18 space.: It's shown basically for urban residential 19 development at.three dwelling units per acre with the 20 exception of the one parcel Frank pointed out. And we have 21 agreed with the City to make an offer, basically, and to do 22 an option contract with the City, if they choose, again, 23 consistent.with the -intent of the corridor plan. 24 The'second implementation strategy of the 25 corridor plan'is to really look -- is to look•at a transfer 50 1 neighbors, and other members of the public have raised. And 2 then finally, it comes back to the Board, and for additional 3 questions of anyone here, actually. 4 So we'.re a bit out of the ordinary order. We're 5 trying something new. Please bear with us; and we'll have 6 an overhead projector here next time, or I don't believe 7 we'll be attempting this. 8 So would you please respond to the public's 9 concern about the IGA/UGA? 10 SPEAKER: Mr. Chair, members of the Board, my 11 name. is Lucia Liley. I represent the applicant. 12 There was a suggestion that perhaps there should 13 be -a tabling of this, if you will, or a waiting until the 14 IGA is amended. I wanted to talk just a minute about that. 15 I think that that would not address -- even if 16 the Board were to consider that, that would not address the 17 issues that the neighborhood is raising about Registry 18 Ridge, for the simple reason that no matter what the City 19 and County decide to do about IGA amendments, they would not 20 apply to property that is already annexed into the city. 21 That would apply only to properties within the Urban Growth 22 Area but not yet annexed. 23 I think there's been that discussion with other 24 projects and plans that have come up, but I think, again, 25 waiting wouldn't really accomplish anything, because the 49 1 type neighborhood center. It's just a local -- probably 2, have a neighborhood convenience center within�it and a 3 implement of small offices, again,.all of which would be 4 reviewed by this Board. So there would be two different 5 types of commercial. And I, again, won't dwell on the 6 appropriateness of mixed use, because it was addressed 7 earlier. 8 I think that hits the highlights of what I'can 9 address. Lucia, would you like to address the IGA? 10 SPEAKER: For the benefit of, I guess,. everyone 11 here, staff, Board, and public, we're trying an innovation 12 here in terms of facilitating.public input and the whole 13 process, because a lot of times these things have gone'on 14 for hours and hours and get very repetitious, and then we 15 remember, how can we forget, some of the points or address 16 some of the points. I 17 So if the projector had been here, we would have 18 had the staff presentation, which is the first order,•first -19 thing we do, and then they would have made-a.presentation of 20 a summary of issues identified.to that point -in time. Then 21; the applicant would have made their presentation and would 22 have had an opportunity to respond''to these in'their '23 presentation... And we would have public input. And then at 24 that point, the public would have had the benefit of hearing 25 the staff and the applicant's responses to these issues, the 48 1 points being awarded. And I believe that information is in 2 your packet, and it is very clear that they have given it 3 careful consideration and feel it is appropriate.. 4 The park land dedication has -- there is a deed 5 and process. that has been submitted to the City. It's being 6 attempted to be put in escrow so that that land is set aside 7 permanently, at no cost to the City, those six acres. 8 Should points be awarded for planned day-care, 9 the density chart is not specific when it comes to 10 day-care. It,is.in every other area. It either says it is 11 existing or planned. In this case, it just says day-care. 12 So we have to assume that because you're planning a large 13 piece of property that it has to happen at that planning 14 stage. We take it, however, one step farther, and a deed is 15 in escrow with Peace With Christ Lutheran Church, who are 16 very interested in at least a day-care facility if not a 17 school. 18 The commercial, I believe, was discussed and 19 questioned why there would be commercial at this location 20. and why there would be commercial at a future location.on 21 College Avenue. There two different types of commercial 22 centers being planned. One is a neighborhood community 23 center that would have larger uses in it as far as potential 24 food stores and retail centers. The nine and a half acres 25 on this site is not large enough to accommodate a Toddy's 47 1 planning terms. The City has a desire to maintain certain 2 minimum densities and have explored with the County the 3 whole concept of transfer of development rights that 4 suggests clustering and preserving open space. 5 And it's been our intention from the beginning to 6 not -be like the existing neighbors, because we're in the 7 city and they're in the county, but. to address those buffers 8 and the design considerations that we've presented this 9' evening and still maintain the City's desire to provide the 10 types of densities that they have felt appropriate to 11 enforce. 12 So I will -- I won't dwell on the specifics of 13 the density per se, because "I think we've done that in our 14 presentation. The -- I'll skip down to fire and police. 15 service. It's in the city limits. The improvements that 16 will be done will be at the developer's expense and those 17 areas will be maintained and served by City fire -and police. 18 The on -site wetlands, an independent firm was 19 hired to study the existence of and identify the perimeter 20 of those wetland areas, and they have been illustrated on 21 the map. 22 The point chart, as far as the off -site open 23 space dedication, that has had careful review by staff, and 24 has been presented to the Natural Resources Board to 25 determine its appropriateness for acceptance as well as 46 1 and again, close to Loveland. I'd like to appeal for 2 acreages, if not having open spaces. That's all I want to 3 say. 4 SPEAKER: Thank you. Is there other public 5 input at this time? Okay. . 6 - Hearing none, I,'11 bring it back to the Board. 7 I guess that we'll give the applicant opportunity to respond 8 to the issues that have been identified on the piece of 9 paper here and the ones that -have been identified through 10 public input. Not looking for new information but really to 11 be quite specific, as far as addressing particular issues 12 here. And then after that, other Board members may have 13 questions of you later on. And then we'll have the staff s 14 response to the questions. Would you like for me to 15 reiterate any of the ones for the public input? 16 SPEAKER: I think we tried to take good notes. 17 I think this will be a combination.of myself and perhaps 18 Matt Delich addressing some of the traffic issues. There 19 was a storm .water question at the bottom of the page that if 20 the Board ,wishes, we can have our engineering firm, Northern 21 Engineering, address that. And then I think Lucia Liley 22 would like to speak to some IGA/UGA issues. 23 As far as density, I think that we have 24 presented to the Board the options. Sometimes a soft edqe 25 could be looked atlas urban sprawl, from a standpoint.of 45 1 enjoyment of the particular one- or two- or three- or even 2 five -acre parcel, which is only'accessible to that 3 individual landowner. 4 So let me conclude my remarks. Thank you. 5 SPEAKER: Thank you, Ms. Asalyas'. 6 - SPEAKER: (Inaudible.) Vara Misa. I live on 7 Wine Flower Road, which is on the corner of'Taft and 8 Trilby. But I just wanted to say that not everybody can get 9 a choice of living either in the city or on a 200-acre 10 farm.' There are a few of us, like my husband and I, came 11 into this town a couple years ago, and we were looking for a 12 space that was not -- so we didn't have a neighbor right 13 next to somebody who could see out of our window. 14 And I think that a lot of people who would like 15 to live in an acre or two or three acres, and I think that's 16 a choice that people need to be given. And this being 17 people who like to live in the city can live right in the 18 middle of the city or close to work or whatever they find 19 convenient, and that's a style of life. 20 But for those who think that they could have a 21 little bit of space, being on the edge of town and bordering 22 the county, it would be very nice, and I'd like to -- I 23 don't want to reiterate what Leanne said, but soft acreage 24 is a choice, and for those of us who want it, I think the 25 City should look into that.' And this is being on the edge, 44 1 afterwards, this area of town, I would say that it really 2 was rural in nature. 3 From my point of view, of having grown up there, 4 it really doesn't look at all rural to me. I work currently 5 in a planning. and affordable housing component for the City 6 and -County of Denver, so I have some background in land use 7 planning and also some background in housing. 8 The majority of my comments are directed really 9: toward preserving some large chunks of open space, which I 10 believe this proposal does, in return for clustering of 11 homes, as I would say I personally don't find one or three 12 acres kind of tract housing particularly conducive to a 13 sense of rural character. And again, I have to speak, 14 that's my point of view. Rural to me is growing up on 200 15 acres, not three acres. 16 But I really find this proposal -- and as I 17 said, I studied it quite extensively -- certainly does seem 18 to preserve some buffers between the residential area. It 19 certainly provides a great amount of space, and open space, 20 which a number of individuals other than the individuals 21 just in the immediate neighborhood might enjoy. 22 And as I said, personally, I find that -- that to 23 be much more desirable, the creation of public open spaces 24 where individuals from outside the.immediate community may 25 enjoy those wetlands or those open spaces, as opposed to the 43 1 know, transition zones and space and distances between the 2 cities and towns as we grow, and again, just like to 3 emphasize that, and my opinion on that. 4 Also, I noticed when we were doing the slide 5 presentation, they flipped through a lot of slides of the 6 general area. And I was wondering, I don't know how 7 familiar -- I certainly know the Planning Board.here is 8 familiar with the area, but I was wondering if perhaps we 9 might look at those at some point this evening just so 10 everybody can get an idea of what it is we're talking 11 about. Thank you. 12 SPEAKER:. Thank you, Mr. Dowling. 13 SPEAKER: Good evening. My name is Susan 14 Asalyas, and I'm a property owner along with other members 15 of my family, a family farm, at the northeast corner of ; 16 Trilby and South Shields. And I'd like to thank the 17 planning staff. I've talked on several occasions with the 18 planning staff about this proposed development in order to 19 understand the integration of the housing and of the open 20 space. I'm speaking tonight in favor of this project. And 21 I thought about that.as I was sitting in the audience. I •22 thought, why do I like this? 23 Perhaps I have a little different perspective. 24 ••I grew up on'this farm. We moved there in 1954. And I 25 !guess -I'd -have to say in•1954, and for many years 42 1 Thank you. 2 SPEAKER: Okay. Thank you, Mr. Furst. 3 Please come forward and stand at both podiums so 4 we can get through this a little quicker. 5 SPEAKER: Good evening. Sign in here a second. 6 What I have to say is just brief. In a way, it 7 reiterates.-- 8 SPEAKER: Excuse me. Could you please identify �. 9 yourself? 10 SPEAKER: I'm sorry. Frank Dowling is my name, 11 and I live at 1704 West Trilby Road, which is roughly a 12 quarter mile to the west and the north of the proposed 13 development. 14 What I have to say is brief. In a certain 15 sense, it reiterates what Leanne Thieman has had to say, but 16 what I'd like to hit upon is just the fact that in this last 17 November 7th election, the citizens of both Larimer County 18 and the city of Fort Collins did voice overwhelmingly their 19 support for the open space concept. 20 This particular plan, or this plan in particular, 21 but I think it speaks to the intent of the open space plan 22 that people have for it, namely, more than just assigning 23 numbers and points and, you know, value criteria. Of 24 course, we do need to quantify things. I understand. But 25 the concept of there being visually and perceptually, you 41 1 me. Thank you. 2 SPEAKER: Thank you, Mr. Miller. 3 Please -- please, no applause. We're not voting 4 on audience response at all. We're here to get public input 5 and facts and opinions and things that will help us weigh 6 our -decisions. 7 SPEAKER: My -name is Bob Furst, and my property 8 is on the southern edge of the proposed development, on the 9 east side of,.that section in there, and mine is more of a 10 question that I'd like to have addressed, perhaps when Matt 11 gets up in addressing the traffic situation. I did attend 12 the neighborhood meeting last week, and Matt explained to us 13 that their projections were for a 2,000 more cars per day, G 14 as I understand it. 15 My question -- and I do understand that the road 16 will be widened or improved, clear up to Clarendon. Hills, 17 north of the.project. My question is, does the City have 18 any plan whatever to do anything with the intersection of 19 Horsetooth and Shields, since that is a bottleneck that 20 comes down to one lane, and no matter what we do north of 21 where we're talking about and south of where we're talking 22 about, if everything bottlenecks into one lane, it would 23 seem to me that 2,000 additional cars every day is going to 24 'back all the way up, and I don't know•if any provision has 25 been made. I'd Like to•have an answer if there is one.;- HE 1 amounts of open area between highways, between roads, 2 between streets, that not only are we devouring large 3 amounts of landscape, we are increasing the need for more 4 people to drive. 5. . By this type of development, we're increasing 6 pollution in the area. By increasing the amount of traffic, 7 it becomes a less hospitable place and friendly place to 8 live. 9 I believe now is the time to begin filling in 10 these spaces. I believe now is the time to reduce the 11 spiraling costs of extending and maintaining 12 infrastructure.. In my opinion, the proposed development 13 should be postponed for the welfare and benefit of those who 14 currently live in the area, as well as those who will be 15 moving into the area. 16 Until we can do, in my opinion, a better job of 17 keeping things more uniform, with better planning, and with 18 less costs for extending and maintaining infrastructure, I 19 believe that the best we could do, and perhaps at this time, 20 would be to postpone this proposed development, pending 21 completion of the Urban Growth Area plan. I thought that it 22 was to be completed in April of 1996, but I believe Leanne 23 projected May of 1996. 24 Thank you for your thoughtful consideration of 25 the issues and concerns which are.certainly important to 38 1 present time .during the busy times of day is a problem and 2 potentially dangerous at the present time, because of the 3 volume and because of the speed of the traffic. 4 In late summer, my wife heard a collision at the 5 intersection of Trilby and Shields. Out of curiosity, we 6 checked our watches at that time. A fire truck arrived in 7 approximately eight minutes. It took approximately 25 8 minutes for a Sheriff's deputy to arrive at the scene of the 9 three -car, collision. The deputy arrived, pulled into the 10 intersection, talked briefly with'the firefighter, and left 11 without ever getting out of the car. It was over an hour 12 before a state patrolman arrived. 13 I have concerns about the City and the County 14 having the resources to provide adequate protection and 15 services to the area. However, I believe fire protection is 16 adequate with the location of two stations just a few miles 17 away. 18 Now, it isn't clear to me who will have 19 responsibility for maintaining Trilby Road and Shields. At 20 Trilby, we have the County on the north side and the City on 21 the south side. This proposed development is isolated. I.f 22 you haven't seen it, it is truly isolated. 23 Even though it's annexed into the city, it is 24 really isolated and surrounded largely by county land. This 25 seems tome to be creating a problem and creating a 37 1 boundary. 2 A compromise would certainly be a much, much less 3 densely populated area. That's why we are imploring you to 4. please not approve this tonight, certainly not the. second -- 5 a development that is asking to begin tonight, and that we 6 wait until the Urban Growth Land. Agreement has been 7 rewritten so we can do this according to a very strategic 8 and carefully made plan., 9 Thank you. ., 10 SPEAKER: Thank you.. 11 Please --please refrain from demonstrations. 12 Thank you. 13 SPEAKER: My name is Dean Miller. My wife, 14 Jean, and I have lived at 1300 La Eda Lane since August of 15 1964. Our home is located one block north of Trilby and one 16 - block west of Shields. 17 In the past seven or eight years, traffic on 18 Shields and traffic on Trilby, this traffic, a lot of •this 19 - traffic, is going to the County landfill and recycling: 20 center. But in the last seven or eight years, the traffic 21 has increased dramatically. 22 Living in that area and waiting, sometimes, for 23 as many as 25 or 30 or more cars to pass --.that would be 24 cars going in both directions -- is already a problem. 25 Having to enter Trilby and having to enter Shields at the 36 1 instead of using 80 minutes, I could have 15 instead of 10. 2 Also, when you consider -- and I learned that 3 the three units per acre -- really hasn't been technically 4 proven in Fort Collins, and I learned this from the City 5 Planning and Zoning staff. That these statistics of three 6 units per acre were taken from a 1970 national study and 7 never really been technically proven here. 8 And then when I realized if we're going to comply 9 with existing rules, then I think we have one in effect that 10 definitely applies to us, and it's from the 11. Intergovernmental Agreement from Fort Collins Urban Growth 12 Area published April 29th, 1989, and it says, quote, 13 concerning, density, intensity, and location, and then there 14 was number one, and a capital A, a new residential 15 development in the Urban Growth Area shall mitigate 16 potential negative impact on adjacent existing residential 17 developments by maintaining the character and density of the 18 existing developments along the common boundary. 19 I'm told this rule is still in effect. In an 20 ideal world, we'd love it to stay open and be wheat fields,' 21 thinking that maybe amber waves of grain truly is the best 22 way to separate these two communities.. But the world's not 23 always ideal, so if we can't have our first choice in a 24 semi -ideal world, we wish it to be 'developed in acreages so 25 it can maintain the character and density of the common 35 1 are a community surrounding it, and yes, we want .acreages, 2 and beyond that, I think we have a community that has 3 already, made a statement about how they're concerned about 4 the urban sprawl. and how they want it to .be developed.- 5 In September of 194, the Coloradoan did a survey 6 and -they determined that the urban growth sprawl was the 7 number one concern of 32 percent of the northern Tront Range 8 citizens, over crime and education, the urban sprawl. So we •9, have 32 percent of�the population very concerned about 10 this. 11 And I think it's important .that we're not talking 12. just selfishly here, if we don't want this in our back 13 yard. Really, on a wider basis, we honestly believe that we.. 14 need to look at the edge of our town, all the edges of our 15 town, and what rules we're going to apply on how that's. 16• going to look. 17 SPEAKER:. Excuse me. I think your time's up. 18 Would any individuals like. to give up any of their time, or 19 are you about to finish? - 20 SPEAKER: I have about four minutes, and -- 21 SPEAKER: Someone like to give .up three minutes? 22 Okay. Okay. 23 SPEAKER: I'm talking' really fast, too. Well, 24 what we were hoping was instead of -= I guess we -were hoping 25 instead of 20 of us talking times four that maybe we could, 33 1 pollution and our gasoline. So we wonder about the wisdom 2 of really having a shopping center or commercial development 3 in an area like this. 4 I know that Mr. McQuarie has also submitted a 5 proposal for a Shenandoah subdivision on College.Avenue. I 6 went to that town -- neighborhood meeting and learned that 7 he's proposing a shopping center and,so forth there. So it 8 seems to us like we could go there for our bread, and.it 9 would work. 10 I think it's important to realize that this area 11 is always going to be inthe country. It is different. It 12 is surrounded by County. It is surrounded by open space. 13 And you can connect it with a bike path, which seems like 14 another silly rule to enforce, because you're going to be 15 taking the bike path right past the farms to comply with.,the 16 City rule and make it connect with the -- the -- the 17 southern city limits. And .I also.wonder if that -Is what we 18. want. I mean, do we really want to make this area fit with 19 the City and go.by City rules? Or do we need new rules? 20 When I spoke with Russ Legg, I was curious about 21 the McKee trust., which I understand is called the McKee 22 terrible trust now, but he assured me that there's no plans 23 currently.to go on,with this subdivision, which is proposed 24 for the.corridor area as well, adjacent to that. 25 But when he was talking with me,.what struck -me 32 1 we really want to keep that. 2 We -- I added it up, and there are 40 families 3 that live around this proposal. Our acreage total is equal 4 to the total number of acres in this proposal, and it seems 5 like our views should be considered also. Someone said that 6 we wanted our needs considered as much as gophers and 7 groundhogs were, and I guess that's part of the point. 8 We have some confusion sometimes. I understand 9 that these rules are in place, but they don't seem as µ 10 applicable for our area. It seems like .you have conditions 11 and approval of things that are likely never to happen. 12 Dennis Miller of the Loveland school district shared with us 13 that Loveland has no intentions and can never foresee 14 building a school here. 15 I spoke to two different day-care owners in Fort 16 Collins. They shared with me that even if this is a 17 subdivision, the likelihood of putting a day-care center 18 .this far south on the edge, surrounded by County,, it's very 19 unlikely, that instead, people more likely will take their 20 children more near where they're employed in town. 21 And again, a shopping area. They keep kind"bf 22 enticing us, gosh, you won't have to drive to town for a 23 loaf of bread, and we're not really swept off our feet by 24 that. We don't drive to town for every little thing. When 25 you live where we do, you're much less frugal with our 31 1 be true, that builders are going to Windsor and home buyers 2 and builders are going to Windsor•to develop because there 3: they can get larger lots. One- to three -acre developments. 4 And there's no choice for that in Fort Collins.' And in the 5 weekend paper,. they talked about.people doing that in 6 Wellington and Severance because of the very rigid 7 three -units -per -acre rule we have in Fort Col'linsi. 8 Again, we think we -need different rules for 9 this. When you think about it, for a choice city, we don't 10 offer many choices in lot sizes. There has been precedence 11 set for this, and making -- waiving the density. The 12 development just south of'Cathy From -me Park -that was done 13 the last year or so was zoned much less dense because it was'' 14 near the open space. 15 When I was talking with Ken Waido of the City 16• Planning Department, he shared with me that'in the 1980s, 17 there was a very similar subdivision at I-25'and`Prospect, 18 and he.called it the Gallantie. It, too, was surrounded by 19. large five- and -ten -acre county home sites, but'it was in 20 the city, and they waived in density vary --'to get a 21 variance so there could be much less density built then. 22 I think most of us here really supported the 23 Cathy Fromme Open Space and the consideration'for all the 24 plant life and the wildlife. When I read'that and how many 25 hundreds.of.species,.I was really impressed, and of course, 30 1 Fort Collins, certainly speaks to how many people want this 2 to be less dense and open. 3 Last summer, as a matter of fact, Governor Romer 4 was in town, and he was quoted as saying that he hoped that 5 the area between I-25 to the foothills, between Loveland and 6 Fort Collins, remain as open space, that he hated to see the 7 agriculture disappear. He said he hated to have us lose our 8_ cornfields. Unfortunately, he had the wrong crop but the 9 right idea. It's wheat fields. 10 If you look at everything south of Harmony. Road, 11 it is all much more sparsely densely populated than this is 12 being proposed. Even the Ridge, and then you come to Cathy 13 Fromme park, and then you come to our area. 14 We believe there should be an edge of town and a 15 soft edge, and I know there's no accounting for this 16 currently in Fort Collins. Chris Kneeland, when I was 17 speaking with her, the City Councilwoman, told me that many 18 to call it transition zone or a soft edge, and I think 19 Fort Collins used to have that. When I�came, it was -- it 20 was Horsetooth. And now it's Cunningham Corners, but you 21 can still see the houses and the one -acre lots behind them 22 on Shields and Horsetooth there. And now we finally do have 23 a real edge of town, and I think we need to make some 24 exceptions about how we want that to look forever. 25 I read in the Coloradoan this summer, so it must 29 1 We're in the county., North of us, -then, is Cathy Fromme 2 open space, which is 700 acres of open space. To the west 3 of this proposed development -- and some of those people are 4 here tonight, too, as in the county, but they're all five or 5 ten or more acre lots. West of that, then, of course, is 6 the foothills area, some of which has already been purchased 7 for open space. And south,,of course, is the proposed 8 corridor. 9 So somehow putting 700 houses and a mini mall 10 and commercial development in the middle of what has already 11 been established by this community to be open space, it•. , 12 seems really inappropriate to us. 13 I appreciate the comparison to the Woodlands 14 subdivision, but ours is unique. It's not by 15 Hewlett-Packard and by shopping.malls and surrounded bye:. {.r 16 houses. We are surrounded by open space and county. 17 Of course, we.all know that -this is our last 18 chance to preserve the area between Loveland and Fort 19 Collins. What'.s decided here tonight is forever. And.how 20 we want this land to be and how we.want it to look. 21 Both cities have made it very clear they want the 22 division. I think the population has made it clear they 23 want the division.. Certainly, the,passage of the open,space 24 tax by such a wide margin, when a lot.of the language of 25 that.ballot was.about-the open space between Loveland and 28 1 realization that it really is true that the biggest fear of 2 90 percent of the American population is public speaking. 3 So I'm sort of it. 4 Bill, could I ask for all those who I am 5 representing tonight to stand so you could see whose voices 6 I am speaking for? 7 SPEAKER: Thank you. That was my next question, 8 who you were representing, so . . . 9 SPEAKER: Right. Okay. We feel that this 10 density is very inappropriate for this area, and it doesn't 11 at all maintain the character of the surrounding area. It 12 was interesting when he said there were no improvements in 13 25 years, and I guess that's true if you -- it depends on 14 your definition of improvement. I can't think of how we, can 15 improve on the beauty that we live with every day. 16 We understand completely that Mr. McQuarie has 17 presented a plan only according to the rules that -- and the 18 guidelines set by the Planning and Zoning in the City. We 19 know there's a.three-unit -per-acre rule. We know that Mr. 20 Ludwig has no choice but to recommend approval of that. But 21 what we're saying is that we need a new and different set of 22 rules. 23 Many of us here live on the north side of this 24 -proposed development. Right across the street on Trilby and 25 off Trilby. We live on one -and -a -half to 20-acre sites. 27 1 the past, it has, and so this is something we're trying to 2 facilitate communications so that if the issue's been 3 identified and you want to make specific comments or provide 4 information related to one of the items on the list, or if 5 you have a new one or one that didn't get on here, that 6 would help the Board to sort through these things, because 7 there are a lot of issues, a lot of concerns, that have been 8 identified already. 9 So perhaps that will be helpful to you or not, tc� 10 limit it in any way as to, you know, the kind of input you il would choose to make to the Board here, except we have, 12 again, a three -minute limit per individual and ten minutes 13 for each group. So if you could come to both mikes here, 14 both podiums, and identify yourselves, sign in, and write 15 down your address, and if -- while one is speaking, if 16 another could go to the other podium, again, that would help 17 move things along. 18 SPEAKER: Good evening. My name is Leanne 19 Thieman. I live just north of this proposed development on 20 6600 Thompson Drive, and I am speaking on behalf of a lot of 21 us here tonight. 22 We talked about all of us taking our four 23 minutes, but decided, for two reasons,• to have just a few 24 major spokepersons here this evening. One is in the 25 interests of time and to'be-concise, and the second is a 26 1 maybe you missed some. And I will, without changing the 2 order of business as far as, first we have staff input, or 3 staff presentation, then we have applicant presentation, 4 then we get public input. I will just come back and ask 5 you, as a Board member, to respond to these after we get the 6 public input. 7 SPEAKER: Thank you. 8 SPEAKER: Thank you. We're now at the point 9 where we're asking for public input. And how many are here 10 tonight to speak to this? it And how many of you are representing a group 12 of -- a neighborhood group or some other organization, and 13 how many are here -- first of all, how many are here to 14 represent a group? 15 Okay. So you have that many different groups? 16 Or -- how many of you are speaking as individuals? Let me 17 put it that way. 18 Okay. So we'll allow -ten minutes for each group 19 and three minutes for each individual, and please address 20 the issues that are on the list, or if they're not on the 21 list, clearly identify where they might fit on this, list, if 22 you would. 23 Again, a lot of the input gets to be prolonged 24 and somewhat repetitious. I'm not saying tonight, 25 obviously, that's necessarily going to be the case. But in 25 1 we have Tom Shoemaker, who is the Director of Natural 2 Resources here this evening, as far as open space and what 3 those different plans are indicating should be done. We 4 have Sherry Wamhoff from the Engineering Department, Eric 5 Bracke from our Transportation Department, and Glen Schulter 6 from Storm Water Utility. At this time, I don't know if you 7 want me to go ahead and go down each of those - 8 SPEAKER: Let's see. It's your discretion, if 9 you prefer to to whenever we get more Board input and 10 questions -- 11 SPEAKER: We should probably -- I would suggest 12 more input first, to see if these are all-inclusive or if 13 there are others. .14 SPEAKER: Mr. Vaught or whomever is speaking for 15 the applicant, would you care to address any of these at 16 this time? 17 SPEAKER: I guess I would like to reserve the 1.8 ability to come back up.once the neighborhood has presented 19 their.concerns:and be able to react to more specific detail 20 of these.. I assume this is a compilation of some Board and 21 neighborhood concerns that have been -put together on one 22 sheet? 23 SPEAKER: And the purpose is to facilitate the 24 input, public input, and also give you an opportunity to see 25 what the public: --.those concerns are and have been in case 24 1 County Sheriff's Department. However, since this project is 2 in the city limits, that would be the police department and 3 fire service. It would be Poudre Fire Authority for both. 4 Question about on -site wetlands 'on the 5 property. The applicant did outline those in their 6 presentation as far as being on approximately the southern 7 third of the property. 8 Questions regarding the point chart. Questions 9 regarding the on -site open space dedication, how those 10 points are calculated. The park land dedication to the 11 City. And should points be awarded for planned facilities, 12 such as a planned day-care, when they're not a part of the 13 PUD phase? 14 And finally, there were some questions regarding 15 storm water on the property, as far as there were some ' 16 proposed detention/retention on the northwest corner of the 17 south, and with its outflows going to the north, and 18 questions about off -site easements that might be needed. 19 And so that's a brief summary of the issues that 20. at least I've heard throughout the process. I'm sure there 21 may be some additional ones that may be added this evening 22 in the public input. 23 As far as coming up with answers to those 24 questions, I'm more than willing to try and address how 25 staff looked at.those issues. In addition, from the staff, 23 1 do that analysis and -- for the benefit of the Board. 2 SPEAKER: Real quickly, I,'d like to go down 3 through the issues that have at least been presented to 4 staff ,at the.neighborhood meetings and through letters which 5 I received during the review. 6 First of all, issue number one has been land 7 use. Shouldn't this area be open space and should it remain 8 undeveloped? Why have mixed use on this property, including 9 a commercial site? 10 The second issue that has been a focal point has 11 been the density requirement. Is.three dwelling units per 12 acre too high? Is it.compatible with surrounding 13 .densities? The proposed street improvements to Shields 14 Street and Trilby Road, some of the questions have been 15 asked, what are the improvements, when will it.be done,'will 16 there be a traffic, light at the intersection of Shields and 17 Trilby? 18 As far -as traffic, there are concerns about the 19 existing volumes that are currently on Trilby and Shields 20 and what this proposed development would add to that. And 21 in relation, have adjacent developments that are going in 22 right now been included in those traffic figures? 23 .,Third was, who.would,be providing fire and 24 police service to this, since there are county residents to 25. the north, that a police service there would be through the 22 1 appropriate, yes. 2 SPEAKER: I would agree. It would give us an 3 opportunity to review them during that presentation. 4 SPEAKER: Possibly because of technical 5 difficulties, we haven't been able to do quite the things 6 the way we would like to. 7 SPEAKER: Right. 8 SPEAKER: So -- 9 SPEAKER: In the age of technology. Thank you. 10 SPEAKER: Thank you. 11 SPEAKER: Chairman Carnes, I'd just like to 12 clarify, in my staff memo, we listed a total of 97 points 13 for..this project, 52 points for the off -site open space 14 dedication of 102.89 acres. That is a change tonight in the 15 applicant's presentation of the points that they're claiming 16 from what was originally counted. 17 SPEAKER: This has come up occasionally before. 18 So you're saying that your analysis indicates that's how 19 many points they could claim -- 20 SPEAKER: Fifty-two, yes, and that was what staff 21 was willing to award. 22 SPEAKER: Okay. So it seems like that's almost 23 a moot point, considering how many are required. 24 SPEAKER: Sure. 25 SPEAKER: But I think it's important for you to 21 1 this evening. I have a copy of that. I think staff does as 2 well, and just for the record, we'd like that included. 3 SPEAKER: Thank you. We'll take that into the 4 record. Also, before you conclude your presentation, I'd 5 like your response to the list of the issues that has been 6 prepared by staff. Could we have those put up on the screen 7 at this time? 8 SPEAKER: Chairman Carnes, it was a good try, 9 but the overhead's being used in another meeting in the CIC 10 room. Sorry. 11 SPEAKER: Do we have copies of this we could. 12 distribute to people that are here for public input? 13. 'SPEAKER: We had copies available outside the 14 door on that available. I can go -- I can make some more. 15 SPEAKER: I have to apologize for making it less 16 convenient for you, but if any of you did not see that and 17 did not get a.copy of this list of issues, please help 18 yourself, and perhaps that would, you know, facilitate our 19 discussions. Would you like to address these at this time? 20 SPEAKER: I, for one, didn't get a copy,. so I 21 don't have them in front of me. I apologize. 22 SPEAKER: What -- Mr. Chairman, would it be more 23 appropriate, perhaps, if staff presented the issues and each 24. party had an opportunity to respond? 25 SPEAKER: I'think that would be more 20 1 requirements or requests of the regional plan. We're 2 providing connections to the existing city sidewalks that 3 are approximately a half mile away to the north that will 4 give connection for pedestrians and bicyclists to existing 5 urban development. We're providing lower density and 6 buffering as the development transitions to the north. 7 We're complying with the intent of the design considerations 8 of the regional plan. We're exceeding the solar orientation 9 criteria. Sixty-nine percent of the lots meet that 10 criteria. We're designing a neighborhood with a school 11 site, a park, recreation, shopping, and mixed housing 12 opportunities. 13 So in conclusion, I'd like to say that we feel 14 this plan represents an attempt to satisfy the requirements 15 contained in the City's All -Development Criteria, as well as 16 addressing the, design guidelines established in the regional 17 plan for land use and densities at this site. Your vote and 18 review of this ODP and preliminary plan, of course, is based 19 on these adopted City documents, and we feel that these 20. documents support approval of this proposal. Thank you. 21 I would like to suggest that an updated traffic 22 memorandum that was sent -- that was, I think, received by 23 the City staff, dated September 5th, 1995, by Matt Delich -- 24 it was a response to comments, specific comments, from 25 Elaine Spencer from the County -- be a. part of the record 19 1 consider one -foot contours that are shown on this plan, but 2 when calculated, -it's about 35 feet over 1800 feet. 3 I wanted to review a moment the density chart. 4 There were 15 base points. .Those were calculated based on 5 the park site that is being deeded to the City, a six -acre 6 park site, and the inclusion of a child-care center, for a 7 total of 15 points there. The 66 points were achieved on -8 the bonus criteria. The one percentage point for every 50 9 acres, active recreation. The off -site dedication was the 10 bulk of that. There were 36 points awarded there. There 11 actually were ten more points available that were not 12 taken. They weren't felt they were needed. And the desires 13 of the Natural Resources Department were boundaries that led 14 to its final legal description that those points just 15 weren't taken. 16 The recreation facilities on -site and those 17 improvements that will be made, and then the connection to 18 the existing urban sidewalk in Clarendon was five points, 19 for a total of .81 points. To maintain that three dwelling 20 units per acre, you would be required to have 60 points. 21 So we feel the benefits of the total plan are, 22 number one, we're preserving a very important wetlands in 23 the area and open space. We're providing desirable open 24 space to the City and the County in terms of the off -site 25 dedication of the 102.acres. That is in concert with the 18 1 we're certainly in a position where we'd like to participate 2 in defining those design standards. 3 The fourth is, where appropriate development 4 patterns in the planning area should reinforce the plan's 5 goals., This somewhat summarizes some of the others, but 6 it's to maintain generous setbacks to preserve distant view 7 to mountain backdrops at key locations, to cluster 8 development and preserve drainages and natural features, and 9 to limit access points on arterials to minimize 10 intersections. We feel our plan .addresses those issues. 11 The fifth and last is to cluster development to 12 preserve natural features. The two most significant natural 13 features of the site are a flood plain and wetlands that are 14 in this region. The wetlands are highlighted in a darker 15 green area, so you can see that we've preserved a great deal 16 of buffer along those wetlands areas, and a steeply sloped 17 area in the northwest corner that will always be preserved. .18• There are a number of minor drainage ways. You can begin to 19 see some of those coming up through some of these areas that 20. have been incorporated into the open space of the plan. 21 The slope on this site, just for reference 22 purposes, is about one percent from the intersection of 23 Trilby and Shields up to the highest point, which is 24 approximately up in this area, is about a one percent 25 grade. It looks more significant than that when you 16 1 and Council upheld the Board's decision by a five -to -one 2 vote to maintain that minimum of three units per acre. 3 I want to reemphasize that the donation of this 4 102'acres, especially when you consider the 732 units that 5 are being -- potential units that are being displaced, 6 certainly, I feel, has an impact on the overall density of 7 this area. 8 There are also five design considerations that �• 9 were contained in the regional plan, and I thought that it 10 would be appropriate that we look at those, because I think 11 they do apply to this development. 12 The first was to provide opportunities for open 13 space interconnections throughout the planning area. The 14 open space in Registry Ridge, when combined with the donated 15 area and the adjacent master plans to the east, provide a 16 potential pedestrians/bike connection from College Avenue 17 all the way through to the west boundary of this property. 18 That's some mile and a half to two miles of pedestrian and 19 bikeways that would be interconnected. 20 Secondly is to establish generous setback 21 requirements along major roadways to preserve rural 22 character and views. We've studied the setbacks. We have 23 some large blowups of those areas to give you some ideas as 24 to those distances. We vary from 30 to 50 feet along the 25 narrower portions of Trilby, increasing to, I believe it's 15 1 site is less than three to the acre, but if you look at the 2 concept of the whole region and the concepts that are trying 3 to be accomplished by the regional,plan, you effectively are 4 reducing the density in that area to,two units per,the acre. 5 Likewise, if multifamily tracts were eliminated, 6 the density could change that way as well. That.would 7 require that this Board grant a variance to this.,project to 8 reduce that overall density below the three that is 9 required. We thought the City would prefer to be consistent 10 with the enforcement of three dwelling units per acre, and 11 in light of the newest document, .the preferred land use 12 scenario of the regional plan, also suggest three dwelling 13 units per acre, we're here tonight asking for that amount. 14 I'd like to refer to the Board and perhaps some 15 of the newer members of the Board that a similar project, 16 Woodland Park PUD,. was considered by the Board and approved 17 back in July 24th of this year, with 35 acres,.located,on 18 the east side of County Road 9, north of Hewlett-Packard, a 19 half mile south of Horsetooth. It also was adjacent to 20.. large -lot County subdivisions. Just over three units per 21 acre were proposed and approved over the objections of the 22 neighborhood. The density was kept but transitioned to 23 larger.lots with.smaller lots and multifamily being on the 24 more western portions of the site. It was appealed by the 25 neighborhood,to City Council on August 29th of this year, 14 1 acreage to the south that, if purchased, would eliminate 2 another 68 lots. 3 So as I mentioned earlier, the density of this 4 plan is the minimum. Simple mathematics with 230 or 229 5 acres of residential -line, requiring three per the acre, is 6 going to get you somewhere around that 700 units. There are 7 many ways that you can look at density. I don't want to 8 confuse the issues this evening, but I do want to be able to 9 point out that by adding additional open space, you 10 effectively reduce the density of this development. It 11 spreads the density over a larger area, and it also 12 displaces existing approved density on that property. 13 If one were to look at the off -site donations 14 highlighted in green -- those are the 102 acres -- and put 15 it into the formula of density, the density would 16 effectively drop to 2.1 per acre. Likewise, if this is a 17 scenario, if the multifamily development were eliminated in 18 this area and the strip that was adjacent to the commercial 19 and that was developed at a single-family density of three 20 per acre, another 103 units would be eliminated, dropping 21 the density down to 1.8 units to the acre. 22 So we're saying that density can be altered in a 23 few different ways.. It can be altered by adding open space 24 to the region. That's an off -site donation, so we 25 technically can't say that the density on this particular 13 1 out because there have been some changes that I'd like to go 2 over. 3 First, we haverelocated and decreased the size 4 of the commercial site, •put it more in a central location. 5 This particular site, you can see with the relief that it 6 has., we felt was more appropriate for a residential -type 7 project. We've relocated the higher -density areas that were 8 here, around the commercial, and this brown area and in the 9 gold, area, and incorporated the day-care center adjacent to 10 those areas. 11 We've redesigned the north area, then; to have 12 larger lots. In particular, this space. We've eliminated 13 the curb cut and circulation lane that came through here. 14 And then have adjusted how we interface with Trilby in terms 15 of our green space. 16 By reducing that density on the north side and 17 increasing the size of those lots, we have less than two 18 dwelling units per acre in this zone of the property. So 19 we're looking at•trying to accomplish a transition of 20 densities as it relates to those existing county residents. 21 More significantly, we have added, through an 22 off -site donation, 102 acres of open space along Shields 23 that eliminates 73.2 units that were 'approved in the 24 Ridgewood Hills overall Development Plan. Furthermore, the 25 applicant has agreed with the City to give an option on'the 12 1 development. The fact is that there have been no 2, improvements in this area for probably 20 to 25 years, and 3 there will not be any improvements until development occurs. 4 The third concern is related to the commercial 5 uses.! Our nine -and -a -half -acre complement of commercial is, 6 again, a result of the City's desire to provide mixed -use 7 development. It is'not a strip mall nor a joke that has 8 been included for the purpose of achieving points. In fact, 9 we get no wnoints for its inclusion. It is included, 10 however, to provide neighborhood services, and it is 11 connected with sidewalks and bike paths to those residents 12 that will eventually live there. 13 Low -density development, on the other hand, is 14 accustomed to driving two or three miles to services. If 15 these services are incorporated within the plan, then some 16 of those vehicle miles traveled can be altogether eliminated 17 or at least reduced. 18 The original overall Development Plan that was 19 presented at the first neighborhood meeting has gone through 20 an evolution of changes. This was that plan. It called for 21 commercial to be in this area, on Parcel C, with medium- to 22 high -density areas being from this intersection all the way 23 to Trilby, with low -density small -lot development 'in these 24 areas, two intersections on the Trilby side and two on 25 Shields, with a recreation area located here. I point those 11 1 document is on the wall. 2 This piece of property is identified in the 3 brown area that are says, "Cluster -development to areas 4 within Fort Collins UGA." . It identifies this parcel as a 5 residential cluster.development and, furthermore, goes into 6 detail as to the definition of residential; that is to say, 7 areas of urban residential development within the Urban 8 Growth Area, densities typically are.,three•or more dwelling �. 9. units per acre. 10 The issues surrounding this proposal are all 11 related to those two documents and what their requirements 12 contain. These are not new issues to this Board. 13 Density. Density is perceived to be too high 14 and that multifamily in this area is inappropriate. This 15 plan provides the fewest number of units possible while 16 still maintaining the minimum of three dwelling units per 17 acre. 18 Traffic. Because.the density is perceived too .19 high, traffic is a concern. However, many improvements.will 20 be made surrounding this site on,Trilby and along Shields, 21 as well.as the extension of a wider section of Shields north 22 to Clarendon Hills that includes bikeway connections to 23 those existing,.improvements that will improve traffic flow 24 and safety. In fact;,a signalized intersection at the -- at 25 Shields and Trilby will,result-with future phases of this 10 1 Area, as shown by the heavy dark line, and within the city 2 limits, as indicated by the dashed red line. It was annexed .3 and zoned back in 1981, zoned RLP,-and is adjacent to a 4 piece of property that's been referred to as the Del Webb 5 property. That was an approved master plan. This is a 6 piece west -- or east of Shields that went all the way over 7 to College, County Road 32, and up to Trilby.- It was 8 master -planned and approved back in 1984. 9 K. Subsequently, that plan was revised, and it's 10 now referred to as Ridgewood Hills ODP. That was revised 11 and approved very recently, back in 1994. And in fact, the 12 density, or the Phase 1 development, has started up along 13 Trilby, in this area, and just for reference purposes, the 14 density of that phase is five dwelling units per acre. 15 Now,• there are, we think, two significant 16 documents that influence this plan and the issues -- I'm 17 going to have to have a little piece of velcro here, I 18 think, to keep this attached -- but to influence this plan 19 and the issues surrounding it. 20 The first is the All -Development Criteria of the 21 LDGS that requires a minimum of three dwelling units per 22 acre on a gross basis for residential projects within the 23 city limits. More recently, there is an advisory document 24 that is referred to as the plan for -'the region between Fort 25 Collins and Loveland. A larger, full-scale original of that 0 1 I guess, from my point of view, the issues 2 pertaining to Registry Ridge are those that were identified 3 by the staff, and I think the applicant and the public 4 should have opportunity to respond to those. And so I'm not 5 certain of the logistics-. Would it be feasible to go ahead 6 and put those up and have the applicant and the public look 7 at those before you end your presentation? 8 SPEAKER: What we'll probably have is that' the 9 slide -- or the screen for the overhead will cover the slide 10 screens. 11 SPEAKER: I see. Okay. 12 SPEAKER: So we thought that possibly the 13 applicant might go ahead and give their presentation, and 14 then we could put that up, if that's possible. 15 SPEAKER: Okay. Would the applicant like to 16 make.a presentation at this time? 17 SPEAKER: Thank you, Mike. Mr. Chairman and 18 fellow Board members, I'm Frank Vaught of Vaught Frye and 19 Associates, representing the applicants, Valco Land, LLC. 20 I'd like to start this evening -- I'll have to 21 skip through quite a few of the site slides. Start by 22 giving you a bit of history of the .property and the 23 surrounding area. We can certainly come back to these 24 slides at a later time. 25 The piece of property is within the Urban Growth 8 1 process. •After the applicant has made their presentation, 2 I'll place a summary of issues on the overhead projector in 3 an effort to help focus the discussion this evening. 4 Additional planning issues may be identified 5 throughout the.public input process. 6 _ This concludes the staff presentation at this 7 time, and I'm available for any questions you may have. 8 SPEAKER: Board questions at this time? 9 SPEAKER: One brief, one. What happens to the 10 density standard if the school site is -- if the, school is 11 built? 12 SPEAKER: If the school -- if the school is 13 built, the density still stays at three dwelling units per 14 acre. I believe in the request on the preliminary, if 15 you'll look in the staff memo, page -- on -- just one second 16 here. On page 3 of the ODP, staff memo, it indicates that 17 if the school site is built, that acreage can be taken out 18 of the density calculation, and the revised density total -- 19 that's a six -acre school site, I believe, and I think they 20. proposed the minimum -- it's a 7.3-acre school site, and if 21 it's not built, 37 units would be built on that property. 22 So we're still over three dwelling units per acre if the 23 school's not built. 24 SPEAKER: Thank you. 25 SPEAKER: Other Board questions? 7 1 K, L, M, N, O, P, and Q, with a residentialdensity of 2.60 2 dwelling units per acre. Individual phases of an Overall 3 Development Plan can be approved with less than three 4 dwelling units per acre provided the overall development is 5 at least three dwelling units per acre. 6 _ This request for preliminary PUD approval is in 7 compliance with the uses designated on the.parcels 8 identified.. It earns 97 percent of the maximum applicable 9 points on the residential uses point chart of the LDGS, 10 exceeding the minimum required 60 percent for a residential 11 density of 2.6 dwelling units per. acre. It meets the all -- 12 applicable All -Development Criteria of the Land Development 13 Guidance System, and it is -in compliance with the City's 14 transportation policies, once again, except for those 15 proposed roundabouts at this time. 16 Staff recommends approval of the Registry Ridge 17 PUD, Phase 1 preliminary, with conditions as stated in that 18 staff memo. 19 There have been two neighborhood meetings held 20, regarding this Overall Development Plan and preliminary PUD 21 request. In addition, staff received numerous letters from 22 affected parties of interest, and these are included in your 23 staff memo. 24 The final handout which I distributed identifies 25 planning issues which have been raised during the review C-J 1 commercial site; and 44.2 acres of open space; on a total of 2 244.4 acres. 3 The property is located at the southwest corner 4 of Trilby and South Shields Street and is rezoned RLP, low 5 density planned residential, with a PUD condition. 6 _ A maximum total of 702 dwelling units are 7 proposed, for an overall gross density of 3.07 dwelling 8 units per acre. That figure of 702 units includes possible 9 residential uses on the school site, should a school not be 10 built. 11 The Registry Ridge Overall Development Plan is 12 in conformance with the City's Comprehensive Plan and it 13 exceeds the minimum gross density requirement of three 14 dwelling units per acre. The street layout and traffic 15 volumes projected for the ODP are in compliance with the 16 City's transportation policies, except for the proposed 17 roundabouts, which you can see on the plan, and these need 18 to be approved by the Director of Engineering, and that has 19 not been done yet. 20 Staff recommends approval of the Registry Ridge 21 Overall Development Plan with conditions as stated in the 22 staff. memo. 23 The applicant has also submitted a request for 24 preliminary PUD for 510 single-family residential lots on 25 196.05 acres of the ODP. 'They are known as Parcels A, E, F, 5 1 neighbor which was received at the Planning Department 2 today. 3 And finally, the fifth item -was a list of issues 4 that have been raised by neighbors and affected property 5. owners through the neighborhood meetings and the review 6 process. 7 So I just wanted you to have those additions to 8 your,staff memo, and I apologize that they were handed out 9 at the.last minute, but it's the only way we can get them to 10 you. 11 This evening the Planning and Zoning Board is. 12 considering two requests: The Registry Ridge Overall . 13 Development Plan and.the Phase 1 preliminary PUD. The'. 14 request for Overall Development Plan approval includes 151 15 acres of.detached single-family residential. Just to orient 16 everyone in the crowd,. to the right-hand side of the slide 17, is Trilby Road, and on the bottom of the slide is Shields 18 Street. So it's turned on its side. 19 This. approval -- request for overall Development 20 Plan approval includes 151 acres of detached single-family 21 residential; 14.4 acres of patio homes, townhomes; five. 22 acres of multifamilyresidential; a three -acre day-care 23 site; a.3.l-acre recreation center site; 7.2-acre school 24 site, with a secondary use .listed as detached single-family 25 residential; a six -acre neighborhood park; a 9.5-acre 4 1 SPEAKER: Chairman Carnes and members of the 2 Planning and Zoning Board: I wish to begin my presentation 3 by explaining these additional handouts, which you received, 4 which I distributed prior to the meeting. Copies of those 5 were also made available on the table outside the chambers. 6 So if anyone didn't get a chance to pick those up, I 7 encourage you to go and get those. 8 The first page is a reprint of pages 4 through 8 9 of the Overall Development Plan and staff memo. The only 10 changes made to that, there was a sentence deleted on the 11 old page 6 which referenced County Road 9, Sunstone Drive, 12 Kingsley Drive, and Kentford Drive. And also, there was a 13 modification to Condition Number 3 on the Overall 14 Development Plan, as well as an addition of Condition 15 Number 4. So those are the changes to the Overall 16 Development Plan and staff memorandum. 17 The second handout you received was a reprint of 18 page 9 of the Phase 1 preliminary PUD staff memo. The . 19 changes, once again, there, were the modification to 20 Condition Number 3 and the addition of Condition Number 4 as 21' per the City Attorney's office. 22 The third item I distributed was a copy of a 23 memorandum summarizing the neighborhood meeting which was 24 held last Wednesday night on these proposals. 25 The fourth item was a copy of a letter from a 3 1 from a cold. My voice isn't everything it should be. 2 We have one minor -- well, one thing to the 3 agenda tonight. Based on the continuation from the November 4 20th meeting, there were to.be three items heard tonight: 5 Agenda Item Number 12, which is the -Registry Ridge Overall 6 Development Plan; Item Number 13, which is the Phase 1 of 7 the Registry Ridge.PUD, which is a preliminary application; 8 and there was -- we were to hear Item Number 14, which was 9 the Overall Development Plan for Harmony Ridge. Item 10 Number 14 has been continued and will not be heard tonight, 11 so we just have the two items. 12 Also, if I could, there were some handouts 13 placed at your chairs tonight. Several of those handouts 14 will be described by Mike Ludwig as they pertain to the 15 Registry Ridge proposal. 16 There was also a publication called City Comforts 17 which is provided to you courtesy of the Planning 18 Department. It was a book that was discussed and read at 19 the conference in Boulder a couple months ago. It fits in 20 very well with some of the activities that are going on -for 21 City Plan with Peter Calthorp and Anton Nelson, and we 22 thought you'd enjoy taking a.look at.it. 23 SPEAKER: Thank you, Mr. Blanchard. We'll begin 24 with Registry Ridge Overall Development Plan. Staff 25 presentation, please. 2 1 (Video portion of tape not available.) 2 SPEAKER: Calling to order the continuation of 3 the November 20th Planning and Zoning Board meeting. on our 4 agenda tonight are primarily two things: The Registry Ridge 5 Overall Development Plan and the Registry Ridge PUD. And 6 jumping a little bit ahead here with Mr. Blanchard, would 7 you please give us a little more ample description of our 8 agenda tonight? 9 SPEAKER: Actually, we should proceed with roll 10 call first. Then we can get into that. 11 SPEAKER: Davidson. 12 SPEAKER: Here. 13 SPEAKER: Strom. 14 SPEAKER: Here. 15 SPEAKER: Walker. 16 (Inaudible.) 17 SPEAKER: Here. 18 SPEAKER: Mickelsen. 19 SPEAKER: Here. 20 SPEAKER: Colton. 21 SPEAKER: Here. 22 SPEAKER: Carnes. 23 SPEAKER: Here. 24 SPEAKER: Good evening, Chairman Carnes. Board 25 members. If you'll bear with me tonight, I'm recovering MEETING BEFORE THE PLANNING AND ZONING COMMISSION Held Monday, December 11, 1995 At Fort Collins City Council Chambers 300 West Laporte Avenue Fort Collins, Colorado Concerning Registry Ridge Overall Development Plan and Registry Ridge Preliminary PUD Members present: Gary Carnes, Chairman Gwen Bell Glen Colton Bob Davidson Jennifer Mickelsen Bernie Strom For the City: Paul Eckman, City Attorney's Office Bob Blanchard, City Planning Office Mike Ludwig, City Planning Office Court reporting services provided by Meadors & Whitlock, Inc. 315 W. Oak Street, Suite 500 Fort Collins, Colorado 80521 (970) or (800) 482-1506 Fax: (970) 224-1199 to December 9, 1995 RECEIVED �[C ppC r 1995 Mike Ludwig City Planner 281 North College Fort Collins, CO 80524 Mr. Ludwig and Planning and Zoning Board Members, We are home owners in the Mountain Valley Subdivision that is near the proposed Registry Ridge Development. We have attended several neighborhood meetings and would like to share our feelings regarding this and any similar proposals. 1. We believe Fort Collins unique character would best be preserved by allowing the urban growth area to taper off into a "soft edge,' rather than into an abrupt concentrated area of development like the proposed Registry Ridge. This more rural look would certainly be more in character with the developments already established. 2. We would like to see a distinct corridor between Fort Collins and Loveland, and the density of this proposed development would further diminish that potential span. This development, with a variance granted to allow less than three houses per acre, could foster that separation by allowing this area as to be a final transition zone for the edge of Fort Collins. 3. We feel a development of lesser density is more compatible with the nearby Cathy Fromme open space. Approving a development of this density with its own commercial area would only hinder the small town unity we love about Fort Collins and encourage a hodge podge of micro -communities to evolve on the fringes of the urban development areas. 4. Since this development is on the outside perimeter of the Fort Collins urban growth area, we feel any new development should be considered part of the comprehensive plan to be accomplished in conjunction with the county. Until that comprehensive plan has been formulated, we urge you to carefully consider how a development of this density might impact that mutual aim. We understand and recognize that the development of this area is inevitable, but we encourage you to listen to our views and support those of us already in this community. Please give careful consideration to the future significance of your decision regarding this and similar proposals. Sincerely, (� ��� pcu Vl,� Q4 Ky � NEIGHBORHOOD IINF'OR -kTION MEETING � • — . ... .--- -- -- -•' for • • ---- - -- --- --- • - - _... Project: n i7lZ City of Fort Collins ivleetina Location: M( oz a t-Ia i Date: -7 .( a < Attendees: Please sign this sheet. The information will be used to update the project mailin; list and confirm attendance at neighborhood meetings. Contact the Planning Department (221-67-0) if you wish to Did You Receive Correct receive minutes of this meeting. Written Notip-.2tioall4r,ddress� of this tneetia;? \25:10 ..dCZ.ss Z; ( Yes I No Tres l Nol 0 SM ✓, m i/ Comm, tv Planning and Environm.enta' arvices Current Planning MEMORANDUM Date: December 7,1995 To: Planning and Zoning Board Members From: Michael Ludwig, City Planner 0044 Subject: Registry Ridge Neighborhood Meeting The continuation of the Planning and Zoning Board's consideration of the Registry Ridge Overall Development Plan, #32-95 and Registry Ridge P.U.D., Phase 1, Preliminary, #32-95A to December 11, 1995 allowed the opportunity for City Staff to facilitate an additional neighborhood. meeting at McGraw Elementary School on December 6, 1995. City Staff members present: Nfike Ludwig, Planning Glen Schlueter, Stormwater Utility Sheri Wamhoff, Engineering Applicant's consultants present: Bud Curtis, Northern Matt Delich, Traffic Engineer Engineering Cathy Mathis, Vaught -Frye Architects Frank Vaught, Vaught -Frye Architects The neighborhood meeting allowed all interested parties the opportunity for a "final" review of the proposed plans prior to the Planning and Zoning Board hearing on December 11, 1995. Copies of the staff memos and attachments were distributed. Frank Vaught gave a brief presentation explaining the applicant's development proposal followed by a question and answer session. Questions, concerns and comments expressed, were generally related to existing traffic problems at the intersection of Trilby and Shields and in the area; proposed street improvements to Shields and Trilby Road (what and when); what developments were included in the traffic study, who will provide fire and police service; on -site wetlands; and density. A list of the affected property owners who attended this meeting is attached. 281 North College Avenue P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 FAX (970) 21-6378 • TDD (970) 221.6002 Water and Gas lines will be extended down Trilby? Where is the larger gas line to be installed. What impact will this have on our driveways?. The development is against all the talk about separation of Fort Collins and Loveland, It does not belong here because 1. Too far from City Services 2. Too Far from Fire Department 3 Too far from City Police 4. Does not fit in with surrounding neighborhood. Widening of Trilby Road, All widening should be done to the south side of the existing road. This would impact fewer residents, 4 ea. driveways and 1 gravel road from Taft Hill Road to Shields Street, I assume Trilby would be widened from Shields to College Avenue (287). This move would impact only 4 more driveways to widen to the north side would impact 8 driveways and 1 gravel road from Taft Hill to Shields to College Avenue. I see two outlets to Trilby Road, Nimits Drive and Ranger Drive, to be finished on the first phase of the project with Trustion Drive to be completed later: Why not finish Trurton Drive in the first phase to relieve the congestion at Trilby and Shields. Cars going south would not have to go through a four way corner to access Shields. It seems to me that it would be a bit safer. Noise barrier questions 1. Who will maintain it? 2. How wide will it be. 3. Last but not least is the density of this project. Shields Street is a heavily traveled thoroughfare. Has a traffic study been done for all this additional traffic between Fort Collins and Loveland? Trilby Road is one main access to the county landfill with heavy trash trucks. We have had several traffic fatalities at the corner of Trilby and Shields. Is a stoplight or four-way stop sign planned for the additional traffic. Frank and June Rayder 1420 West Trilby Rd. Fort Collins, Co. 80526 Developer's RMosal Schools and Parks, Will the property be deeded over to the municipality prior to any approval for development or just a promise for the future? Storm Drainage Holding Pond. The developer's proposal for storm water detention pond — it appears that the holding pond will be little more than a mosquito breeding cesspool. Will this evaporation pond really meet the City of Fort Collins environmental requirements? Open Space as proposed by the developer. Who will maintain responsibility for mowing, liter cleanup and general maintenance? As we understand it the city is having a hard time maintaining the parks and property that they have now. o If all the parks to have been built by every developer who has promised them were built, we would have a park on every other block, but again who has the money to maintain them? Is another bond election in the offering? o The proposed land of 71 acres next to or split by the railroad tracks as a gift appears to be worthless as open space. See if the builder will swap 71 acres on Trilby Road and he can develop along the tracks.. 38 points for that land is preposterous. Don't accept their trash! The designated school acreage looks to me like it may sit on the only wetland in the area. What happens to the wetland? Has there been a study on this wetland and the impact the development will have on its inhabitants? Schools. Again if every school were to be built as promised by the developers we would have a school every mile. Loveland School district has not approved any additional moneys for schools in years. Has this been coordinated with the school district. or will the school property development be dropped and the developer allowed to build additional houses on the proposed school property? The system of getting enough points to build this development bothers us. So many points for a day care center. They say they have a letter of intent for a day care center. How binding is a letter of intent? When will the center be built? If they back out of building what are the penalties if any to the contractor and developer? If the center is not built, do we subtract the points after the development is approved? City Utilities, Sewer, Water, Gas and Electric. Sewers. Where is the sewer line to be installed. What impact will this have on our driveways. Is there a requirement to connect to the sewer system? Electrical. The power lines on both sides of Trilby Road appear to belong to the REA. Will additional lines now be needed for Fort Collins Light and Power? RECEIVED NO 1 6 1995 November 11, 1995 Mr. Mike Ludwig City of Fort Collins Planning Department 281 North College Avenue Fort Collins, Co. 80524 Dear Mr. Ludwig: This letter is written to express some of our concerns about the housing development, Registry , Ridge, being proposed south of Trilby Road and Shields. We are located between Shields and Taft Hill Road at 1420 West Trilby Road, Larimer County Lot 13, Mountain Valley Acres. Density versus open space, the Proposal is inconsistent with surrounding acreages. l . Where does the density of a minimum 3 houses per acres come from? Has this ever been proven to be advantageous for city utilities by any current studies or proven facts? The local paper has articles about contractors moving to Windsor and Weld county to be able to build on one to three acre lots. 2. The current lot size for housing in the area is of a minimum of 1 1/2 acres to 10 acres. The area is adjacent to a designated open area to the foothills to the west and open space known as Cathey Fromme park to the northwest and the proposed corridor to the south . How does the 700 homes and dense housing with a strip mall in the middle plan fit into this area and the open corridor between Fort Collins and Loveland? We should be developing a soft edge, or transition zone with low density housing one to three acre lots. 3. We understand that a study is underway by Fort Collins and Larimer County to re -write the Urban Growth Area Agreement. This development appears to being trying to rush before a comprehensive plan is formulated. The development should be postponed pending that new plan. Water and Gas lines will be extended down Trilby? Where is the larger gas line to be installed. What impact will this have on our driveways?. The development is against all the talk about separation of Fort Collins and Loveland, It does not belong here because 1. Too far from City Services 2. Too Far from Fire Department 3. Too far from City Police 4. Does not fit in with surrounding neighborhood. Widening of Trilby Road, All widening should be done to the south side of the existing road. This would impact fewer residents, 4 ea. driveways and 1 gravel road from Taft Hill Road to Shields Street, I assume Trilby would be widened from Shields to College Avenue (287). This move would impact only 4 more driveways to widen to the north side would impact 8 driveways and 1 gravel road from Taft Hill to Shields to College Avenue. I see two outlets to Trilby Road, Nimits Drive and Ranger Drive, to be finished on the first.,. phase of the project with Trustion Drive to be completed later. Why not finish Tiurton Drive in the first phase to relieve the congestion at Trilby and Shields. Cars going south would not have to go through a four way corner to access Shields. It seems to me that it would be a bit safer. Noise barrier questions 1. Who will maintain it? 2. How wide will it be. 3. Last but not least is the density of this project. Shields Street is a heavily traveled thoroughfare. Has a traffic study been done for all this additional traffic between Fort Collins and Loveland? Trilby Road is one main access to the county landfill with heavy trash trucks. We have had several traffic fatalities at the corner of Trilby and Shields. Is a stoplight or four-way stop sign planned for the additional traffic. Frank and June Ra_yaerrr 1420 West Trilby Rd. Fort Collins, Co. 80526 Developer'syronosal Schools and Parks, Will the property be deeded over to the municipality prior to any approval for development or just a promise for the future? Storm Drainage Holding Pond. The developer's proposal for storm water detention pond — it appears that the holding pond will be little more than a mosquito breeding cesspool. Will this evaporation pond really meet the City of Fort Collins environmental requirements? Open Space as proposed by the developer. Who will maintain responsibility for mowing, liter cleanup and general maintenance? As we understand it the city is having a hard time maintaining the parks and property that they have now. o If all the parks to have been built by every developer who has promised them were built, we would have a park on every other block, but again who has the money to maintain them? Is another bond election in the offering? o The proposed land of 71 acres next to or split by the railroad tracks as a gift appears to be worthless as open space. See if the builder will swap 71 acres on Trilby Road and he can develop along the tracks.. 38 points for that land is preposterous. Don't accept their trash! The designated school acreage looks to me like it may sit on the only wetland in the area. What happens to the wetland? Has there been a study on this wetland and the impact the development will have on its inhabitants? Schools. Again if every school were to be built as promised by the developers we would have a school every mile. ' Loveland School district has not approved any additional moneys for schools in years. Has this been coordinated with the school district. or will the school property development be dropped and the developer allowed to build additional houses on the proposed school property? The system of getting enough points to build this development bothers us. So many points for a day care center. They say they have a letter of intent for a day care center. How binding is a letter of intent? When will the center be built? If they back out of building what are the penalties if any to the contractor and developer? If the center is not built, do we subtract the points after the development is approved? City Utilities, Sewer, Water, Gas and Electric. Sewers. Where is the sewer line to be installed. What impact will this have on our driveways. Is there a requirement to connect to the sewer system? Electrical. The power lines on both sides of Trilby Road appear to belong to the REA. Will additional lines now be needed for Fort Collins Light and Power? RECEIVED KOV 1 6 t995 '' November 11, 1995 Mr. Mike Ludwig City of Fort Collins Planning Department 281 North College Avenue Fort Collins, Co. 80524 Dear Mr. Ludwig: This letter is written to express some of our concerns about the housing development, Registry Ridge, being proposed south of Trilby Road and Shields. We are located between Shields and Taft Hill Road at 1420 West Trilby Road, Larimer County Lot 13, Mountain Valley Acres. Density versus open space, the Proposal is inconsistent with surrounding acreages. 1. Where does the density of a minimum 3 houses per acres come from? Has this ever been proven to be advantageous for city utilities by any current studies or proven facts? The local paper has articles about contractors moving to Windsor and Weld county to be able to build on one to three acre lots. 2. The current lot size for housing in the area is of a minimum of 1 1/2 acres to 10 acres. The area is adjacent to a designated open area to the foothills to the west and open space known as Cathey Fromme park to the northwest and the proposed corridor to the south . How does the 700 homes and dense housing with a strip mall in the middle plan fit into this area and the open corridor between Fort Collins and Loveland? We should be developing a soft edge, or transition zone with low density housing one to three acre lots. 3. We understand that a study is underway by Fort Collins and Larimer County to re -write the Urban Growth Area Agreement. This development appears to being trying to rush before a comprehensive plan is formulated. The development should be postponed pending that new plan. RECEIVED Nov 1 5 1995 W\X•c- ICSr�`� _ . \ "_(__'�G7 ��.. �`Q1tLY�� /\���J��� \•/""waa'\\ .. 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" `� �`w '�~ • J �7 - y ict R E C E I D IS '114 =f RECEI`JED OCT 3 1 1995 October 27, 1995 Mike Ludwig City Planner 281 North College Avenue Fort Collins, CO 80524 Dear Mike, The facts are in. The residents of Fort Collins have made their wishes known by responding to . the Comprehensive Plan survey. A direct quote from Anton Nelessen, a nationally recognized professional in planning and urban design, " The image that people want is absolutely clear here." The results of this commissioned survey by the City of Fort Collins puts it in black and white. " 72.2 percent agree that Fort Collins boundaries should be distinguishable from other communities " "79.5 percent want to continue spending tax dollars to preserve open space." "89.4 percent want development restricted in environmentally sensitive areas." I think that this timely survey speaks volumes about how residents of this fast growing city feel about development and growth. There is a need to stop and consider the "bigger picture" for the future of our town. There is a planned unit development of some 700+ houses plus a strip mall affecting the land that could be set aside for either open space or a corrder between Loveland and Fort Collins. _Registry Ridge, if approved will totally violate the concept of a corridor between the two cities. By it's mere design it will be inconsistent with the surrounding acreages. The land _ to the west has already been set aside as open space. One mile to the north, Cathy Fromme open space already exists, thanks to some quick and thoughtful planning. Finally, a proposed,. "open space tax" appears on the November ballot indicating people are serious about this issue. Please convey my concerns about this P.U.D to the Planning and Zoning Board. I feel there is an urgency here as land is being developed in every direction. There may be other issues that the taxpayers feel are equally important, but this open space can not wait until next election. It will disappear before your very eyes, making Fort Collins the type of town people move away from rather than flock to. Sincerely, Janice Collins page 2 3. Traffic. We at this point have not been informed of any plans to deal with the increased traffic that this development and other new developments along f Shields will create. -Shields and Trilby are already dangerous freeways at morning and evening rush times. 4. Commercial Development. For lack of a better term, the commercial portion of this development is a joke. The only reason it has been proposed is to provide the developers enough points to proceed with development' consideration. The whole idea of giving points for being near a commercial area was to promote new growth close to existing services not to promote commercial development in outlying areas.. This commercial area is definitely not needed since many are nearby. Please take -these points into consideration as this development proceeds through the planning process. We are not opposed to new development in our area but we are very concerned that it be done correctly. Three houses to the acre and a commercial site are not correct for this area. Our neighborhood is committed to the proper development of Fort Collins and we will be present to speak to you in person when the Registry Ridge PUD finally comes before your board. Thank you for your time and consideration. Sincerely, `David and Jeanne Anne wen 1209 La Eda Lane Fort Collins, CO 80526 cc: Mayor Ann Azari RECEIVED OCT 2 4 1995 October 17, 1995 All Planning and Zoning Board Members c/o Mike Ludwig, City Planner Fort Collins, CO Dear Members, I am writing in regard to the proposed Registry Ridge PUD, located at the SE and SW corners of Shields and Trilby roads. We live in Mountain Valley Acres which is just north of this proposed development. At the last neighborhood meeting in April, we discussed the Dalco PUD which is now renamed Registry Ridge. We believe there are several problems with this proposed development. I Inconsistent With Surrounding Area. When you drive south on Shields St. from Harmony Rd., after you have passed Clarendon Hills, the scenery definitely takes on a rural atmosphere with all homes on small to large acreages. This continues until you.pass Trilby where the.number of homes is fewer and farther between. To allow a development of the density of Registry Ridge to be built at this location would be terribly unpleasing aesthetically. It will stick out like a "sore thumb", a massive block within the surrounding open lands. 2. Transition Zone. We are rapidly running out of time to correctly develop the area between Fort Collins and Loveland. The decisions made now will last forever and reflect back upon the decision makers of our time. Shall we continue to fill in all of the available space between the two towns at three houses per acre or should we gradually taper off on density as we develop this transition zone. Let us not lose this opportunity to reduce the density of development, preserve a true corridor and create a transition zone that we can be proud of. A change or variance to the LDGS should be considered for this location. of the developer is how much Revenue can be generated from a project of this type. There is a lot more things to consider here. If the developer goes ahead as planned, with your blessing, the ramifications of a developed project of this caliber, (high - density, & commercial applications) would make an extremely negative impact on everything and everyone surrounding it Even common sense tells you that a "high - density" development project out in this Farming area is preposterous to say the least!! A "low -density" non-commercial project would definatly be a more positive approach, and would be more consistant with the present properties. Please reassure us that the city cannot be "bribed" by gifts of useless land near the rail -road tracks by prospective developers trying to earn most of their merit points. (This "gift" of land which was given as "open space" area is not at all a useful nor visable piece of land to promote a feeling of open -area. This gift of land is in a very "low-lying" area which, being right next to the rail -road tracks, and in a wet- land area , .will be absolutely worthless for any kind of positive use.) Thank you for your wisdom and consideration of some very important issues concerning this project Sincerely, Mr. and Mrs. Michael Smallwood 7101 S. Shields St Ft. Collins, Co. 80526 229-1630 R E �C. £ i E D OCT z 4 1995 October 13, 1995 Mike Ludwig, City Planner 281 N. College Ave. Ft. Collins, Co. 80524 Dear Sir, Thu letter is in regards to the planning & zoning Board review of the "Registry Ridge" proposed development at Trilby Road west, and South Shields St Our family and neighbors are strongly against any "high density "projects being presented by this developer. The proposed plan of a "Strip -Mall ", 700 houses, condos, etc. on this property is absolutely inappropriate & inconsistant with surrounding acerages and properties. We live on five beautiful acres one half mile south of Trilby, and we are zoned "Farming" as is the case with a lot of our surrounding neighbors. Our property backs up to the open "Wet -lands. The wild -life, birds, and such are beautiful and for the most part, untouched out here. We relalize that the development to the north of us on the "wheat strips" may eventually happen, but let it be done in a "low density"fashion such as acerages, etc. which would be more consistant with the land and to help preserve the beauty that is out here and the way of life we have all come to enjoy. In addition, the proposed corridor to the south and the Cathy Fromme "Open space" to the north makes this dense housing development & commercial area even more inappropriate. Please consider these issues, they are very valid to all of us, and most of all they are valid to the future of this area and the preservation of beauty, nature, peace, and some "openess" to break the monotony of development after development after development which seems to be having an extreme impact on the Loveland & Ft. Collins areas. We all realize that development must occour in a Communityfor the welfare of many, but ....... you must use wisdom and control on how much development takes place, what type of development, how dense the development, and most important... the location of the proposed project We beseech you sir, to please consider all the issues and concerns regarding the type of development that is being proposed hereby the developer. We all know that the main interest We respectfully request that the Planning and Zoning Board grant a variance to the developer to build acreage home sites on the Proposed Development. He assured us last year at the home owners meeting that he would be happy to build acreages if the city would grant a variance. Thank you for your time in this matter: sincerely, Clark & Claudia Whitcomb $EC;vlVJ OCT 0 1995 September 21, 1995 Mr. Mike Ludwig, City Planner Planning and Zoning Board 281 North College Ave. Fort Collins, CO 80524 Dear Mr. Ludwig: We are residents of 1300 W. Trilby Rd. in Fort Collins and are writing this letter in response to the Proposed Development on the Southwest corner of Trilby Rd. and Shields. There are several concerns that we have regarding this development. 1) All of the land surrounding the proposed development is either open space or acreage home sites. The Cathy Fromme Open Space is to the west and north of this area. And the proposed open space corridor between Loveland and Fort Collins is to the south. It seems innappropriate to allow a development this dense to sit right in the middle of this type of area. We have heard that Fort Collins wants to create a soft edge to the city. This development as proposed will mostcertainly ruin an chance of a soft edge. 2) According to our home association's sources, the developer also owns the land on the northeast corner of Trilby and Shields and has promised to donate the land between the railroad tracks and the ridge to the east of the tracks, to the city and that this was a strong selling point to the city for this development. we would like to point out that this land is virtually worthless as a development site anyway and that there is not much use for. this land anyway except as open space. It does not seem to us that the developer is donating anything that is income producing to him. 3) A ma'or concern of ours is the stagnation pond proposed at the northwest corner of the development site. We have heard any where from 3 to 8 acres for this pond. We don't pretend to be well versed in storm drainage legal matters, but this is ridiculous. The fact that the city would even consider this to be acceptable 'is an outrage. We can't believe that this is an acceptable alternative for storm drainage or is part ttof the city code. Legal advice has allready been sought by the families being asked to give up the easement rights and this issue is a health concern for all of the community, existing and proposed. 14, L-1 S�. = b���C� �� ALL MOVE FE OvrC rl GeG WIEQ�_= 1-I c P E W E eE NC-.) Sty li t C CS r vi,, R L I c sTY L�. YPJTT I NJ �'`r1ALl. (2 I T y N7- 7Cb 14C)M-ES I N ig!E� M I DDLZ . �ON�i_iCIS, iNlLl. n'l\/ oc)RSE $bT� i 41�-M , 40VJ fa$ouT -�E co��2 7! 4AT CR�ws AT LA;c) AM? i -. I Q Fc,efY�AL APPQCAC 4J, . ``•' M �,`, Q i i � I N CT �-! 1 S OU T S I D� IN {-4 , L E M �� ri l 2S c G2A��S GN M`I LAwcv . r ' PL AM A l >✓ IV 17 -T I-i M ��i I !v Cs C 1Z T I S CAN) NON pflj C:CiG 3> a3 2� ► ,_. -}oPl= u s�,E Yo u, -Ti-, P-Z E: , oouc,0,3s. 13iZ Vi -FRILSY eD I wci\j -, wRS�E- PACK RI DINS 1 o0A /. 1 LANtV1&D RAG IS T QCY DG ��31� I v i S��! • M`/ N E (C� 3o QS sv St`�Jl A Ll. P A R C &LS O is LAND GUT 1.,v w4P► USA TO 10 ACV N l �- l =i p, pp, PSG I NC= T i ' Ai -1 C ! PLAv��i ND ? O N I �, (- rDl jQNNC-L- d2�i l_ . EXIST ltiC=r 7�-V1=iLPeM�1�?" 1 S A�,O`I �rnA�L ACRETG,&S, —jOw►J AND S-+ 2. Cfi H \/ P2crnroe opE-N 3 SPAC - --i(D TN G o OF LAS - A PL ar\J i H G (11 Ty Lx,)U2KED SPAcc- W ITN -1m 1 bMES LES5 T i-t 1 M ICE 3, CourvTy S ?1.Ati A CGes? ►Dc� 6ETw*-rc,`1 LOUL-LArv(-) AND THIS 1S 1 T. 1 F LvE guILD ON1 T NIS LA,Q) TNC-QE WILL- GE NO Coeet bog . September 16, 1995 Mr. Mike Ludwig City Planner ' 281 N. College Drive Ft. Collins, CO 80524 Dear Mr. Ludwig: We are sending this letter to protest the Registry Ridge Development. The density of 700 houses which are to be located in those wheat fields is just one development too many. Another development has already been started by the retirement home on Trilby, houses are being built on LeMay, and many more in the surrounding area. Why do we need another development on top of all ofthese? My husband -to -be has lived in the same house at 6505 Thompson Drive for the last 13 years. He bousht the house because it was on the outskirts of Ft. Collins and was surrounded by land where your neighbors couldn't be right next door and look in your window. He loves the beauty of Colorado and so do I. Bike -riding is one of our favorite sports, yet slowly bike lanes are being taken away to make for wider roads and all the trappings that comes with new developments.=I v moved here for the same reasons. Ft. Collins has become over populated when it used to be a place where you didn't feel closed in. We strongly encourage you to think of the citizens who live near this land - the congestion, the increased traffic and noise and loss of peace and quiet. The continual building has got to stop somewhere. Please take a stand in favor keeping our community private. Thank you for your consideration. Sincerely, Mary E. Provencal I Sta id . I, se? - iJeG� mjgwl �i f/i i pl, I Mr. dike Ludwig Current Planning 231 North College Avenue Fort Collins, CO 30524 August 3, 1995 To VIr. dike Ludwig, We are the owners of the property at 1504 West Trilby Road wich s right across she street from the proposed development on the Southwest corner of Shields and Trilby Road. W-- Have :eon the proposed pians that include about 7, 00 houses and we have marry cJncee^.ts re?araing This proposed development. Fur=[ the area around this proposed •:.eve:o^mea[ i$ :rural. We live fin a two acre lot as do all Jf Our ne:Zhbor5. �,� U. tics and it is cyhv we bought out her. 7'AMS proposal does not blend in with the surrounding areas. There will be no definition between Fort Collins and Loveland and they will become one. This ruins the sense of community for both cities. This btitu up other concerns about what will happen if there is continued 7owth and sprawal. Second. what about the school, utilities and other services and increased traffic'? ',4hat will happen to the existing houses if Trilby is widened? We are very concerned about the increase in traffic as well as the speed of this traffic. Flow long will it take us to get out of our own driveway'? Will there be a potential for increased accidents due to the lack of visibility over the small hill. increased traffic and their speed and with stopping at the new proposed intersection. We oppose this proposed future development and have many concerns. We don't want to blend in with Loveland. We are surrounded by many different rural sections and would Eke to keep it rural. Increased traffic is another major concem Please keep all these in mind in the future when considering this proposed development. Thank you for your time. Sincerely, Laura and Jeff Wellman 1504 W. Trilbv Road Fort Collins, CO 80526 223-4637 -July 20, 1995 6600 Thompson Dr. Fort Collins, CO 80526 Dear Mr. Ludwig: An out of town developer has filed a proposal for a Planned Unit Development, Registr: Ridge (formerly Dalco PUD), across the road from cur rural neighborhood. At the neighborhood meeting we learned that, 750 residential units and a commercial development are planned for this area. We believe such a development, is totally inconsistent with the existing 'Land use. Our neighborhood, to the north of this site, has homes built on 1 1/2 to 20 acres. homes to t..he west are in the county and have similar lot sizes. W? mourn thr loss of the wheat strips, as we had hoped this area could remain open. If that is not. possible, we plead for it to be'=less densely developed. Whiles the -developer's proposal meets the city code, it is the plan of olir•neighborhocd to get a variance on this pr,perty. Many cities of our size have a "transition zone' � t:, allow for an "edge of town". We feel this is particularly importan7, with the current, efforts to keep Fort Collins and Loveland's communities more separate. It seems that our suggestions are consistent with the goals of the city council. When you drive by this area you will see that one mile to the north of this proposed development is the Cathy Fromme Prairie Site. To the west along the foothills is land purchased by the city to remain as open space. (We are disappointed the city was not, able to come to terms to buy the Deines farm property on the south-east corner of Shields and Trilby to remain as open space as once proposed.) The area directly south of this proposed development is the proposed corridor area. Condos, townhouses and a shopping center in the middle of these open spaces seems inconsistent, if not ludicrous. Our neighborhood community is organized and unified. We have studied the Land Use Guidance Systems and plan to exercise our rights and options including, if necessary an appeal to City Council. Letlnn and Mark Thieman The existing 36 culvert is not large enough now and needs to be increased in size. Northern Engineering made a proposal to the City of Fort Collins Storm Water Drainage calculating water runoff through an existing 48 inch culvert which is really a 36 inch culvert. The calculations for a 48 inch culvert is 76.7 cubic feet per second (cfs) and is not large enough to handle the storm drainage for the proposed property development. The culvert runs full height (36 inches) several times a year and would probably need to be increased to 48 inches now to meet the existing conditions. We have talked to Roger E. Prenzlow of Associated Brokers of Fort Collins, who represents W. Tim McCory of Colorado Land Source Ltd., 8101 East Prentice Avenue, Suite M180, Englewood, CO 80111. He wants us to grant to DALCO Land, Limited Liability Company a storm drainage easement for the Registry Ridge, P.U.D. subject to the following conditions (see attached letter). . Nothing is defined in this letter as to what they propose to do. There are no guarantees that our rights and property will be protected. We will be willing to grant an easement across our property if we can get some resolution on the following: 1. That the problem be reviewed by a professional engineering company, for a design that will minimize future soil erosion and washout under the culvert be designed. 2. That the grading and implementation for the improvements be done without additional cost to the property owner. 3. Widening of Trilby Road. In the last road improvement the county raised the roadway about 18 inches. They did help and provide some material to raise our driveway for egress onto Trilby Road, but we could not get out in snow or ice. We had to have 1500 yards of fill added to exit parallel to Trilby Road to get in and out in snow and ice. Any widening of the roadway again will only cause steeper grades into or out of our property. Would the city consider expanding the road widening only to the south side of the road easement.? Sincerely, Larry and Barbara Wilson 2Z&-O(oSG or ZZ9— 4-1o// In 1980's the county road was upgraded and the roadway was raised up by 18 inches from our place and south past the original contour low spot. Yearly the water runoff builds up higher than the 36" inch culvert on the south side of Trilby Road. This is causing erosion across our property. In about 1983 we had the pasture graded because we had some ruts and washouts as deep as two feet. This was done to protect our horses from getting hurt. We had a contractor place 1300 yards of dirt and grade the soil to allow drainage to the north. With the expansion on the south side of Trilby road we now have more water, and this has caused deep ruts across our property again. As the area has expanded the county has funneled water back to Smith Creek and more drainage has occurred. Now water is returning from a half mile west of Taft Hill Road. The Fort Collins/Loveland water district also uses the storm drain as an overflow for the water storage tank. The County has increased the culverts of property owners to the southwest of us from 12 inches to 24 inches so they could drain without backing up. This additional faster flow may cause more soil erosion on our property (see attached photos) and will only get worse._ with.additional drainage from the development across the street No easement has ever been granted for discharge across the property. We have not been successful in getting any response from the county representatives. Now we are backed into a corner and need to do something. The developer, DALCO, is requesting an easement across our property for storm water discharge. We would consider this if we did not have an existing problem with Larimer County that we cannot get resolved. To grant them an easement may only compound the existing problem. The developer is hinting that this is a existing problem that they are getting stuck with. The developer's proposal to build a settlement pond and allow the water to percolate and evaporate on site could be a health problem by holding stagnant water and create a mosquito breeding ground. Also the odor from green scum that forms on stagnant water would be a real problem. The developer has not addressed this problem and until he gives us some well-defined answers to these problems, we do not feel comfortable granting an easement. They really need to consider adding an overflow basin that would allow some natural release, but it would need to be designed so as not to add to an existing problem and cause damage to our property. June 28, 1995 William & Rose Horne 1528 W. Trilby Rd. Ft Collins, Colo. 80526 Mike Ludwig Current Planning 281 N. College Ave. Ft Collins, Colo. 80524 'ifirm �LF=uvII i We are writing to oppose the proposed development on the South West Section of Trilby Road and shields. tThtheis a country -type community and we are extremely opposed posed development. We moved to Trilby Road a year ago and r away from the "urban atmosphere" to the open paid a higher price for,our home rather than a Please re -consider allowing this area to grow amount - it's just not right. The corner of Trilby Road and Taft Hill subdivided into 10 acre lots, thus keeping the 11 win some growth. ad chosen to get country area. We subdivision home. in such a drastic Road was recently, area in the right context, yet still a o g Please do not allow our community to be ruined by development.are areas that any her There- let t themmbuildttheree We don t wa td the proposed welcome such it! Siinncerle/lyy,, ;J1(,�`.Rui% Rose Horne �v14 William Horne Community Homeowners eke DearDear Sir, I hope you do not build 700 houses because most people are happy the way it is. if you still want to build houses, then have averages like our home. Besides we came uD here to have peace and quite and to have a good view. of the mountains, not to see backs of other housesM Sincerely, (very mad 8 year old!) Ryan Smallwood Dear Sir, After I heard the announcement of Urban Development (700 houses & Shopping Center) I was astonished! I am only a teenager and I used to think my thoughts or opinion in this project meant nothing. But I'm writing this letter so my feelings can be heard! I used to live in Loveland. Houses and people surrounded us. it was okay for a while then I became fed -up with it! : There was no privacy what -so -ever! You could never lay down for a nap in the afternoon, because there was always kids screaming, or dogs barking, or even blasting music! We moved to the country to get away from it all. An exciting change of peace & beauty. I look out my window now and see rolling hills, mountains sparkling snow lays upon them. A priceless picture that could not be replaced. At my old house I'd look out my window and see a fence & a large brick wail & many houses. I came into this house feeling like a Queen for God had blessed us with a very large home. Bringing developement means less value to our home. Before these people come out and build 700 houses, I think they should think about how selfish they are being. Thinking only about money. Not thinking about how they are taking away privacy, taking freedom of being away from everything and distroying a sight that is priceless! Before they go tearing in here I hope they think about this decision for it is affecting a lot more people than they think! I Sincerely, Christine Smallwood 7101 S. Shields A. We (applicant) have researched the design of these homes and they are very nice. They are "stick -built" homes that are constructed in a factory rather than on -site. The land that they will be placed on will not be owned by the home owner. The developer will own the land, therefore, enabling these specific home owners to buy these homes at a much better price. 14. The area designated --for manufactured housing Will be one phase of the overall development plan which the applicant is proposing. Preliminary and Final P.U.D.Is must be submitted for each phase of the project. 15. Do we have to hook-up to the City sewer system if this project goes through? A. Sewer service to the site will be provided by the South Fort Collins Sanitation District. It is believed that hook-up is not required if your home is further than 200 feet from the sewer line and if you are not experiencing difficulties with your present septic system. However, this should be verified with the South Fort Collins Sanitation District. 6. Can you switch the location of the commercial site across the street to the other corner? A. Possibly, this is why we're having this neighborhood meeting. It's to determine what your concerns are. It is also possible to move the commercial site further south and place the church site at the southwest corner of Shields and Trilby Road. 7. I'm concerned that this project is too high density. A. All Development Criteria A-1.12 of the Land Development alidance System requires a minimum of 3 dwelling units per acre on a gross acreage basis for residential projects within the City limits. Approximately 312 gross acres (the total gross acreage minus commercial/industrial property, previously dedicated right-of-way, and/or previously dedicated property for public use) at 3 dwelling units per acre is equal to 936 dwelling units. The applicant is proposing the minimum of 3 dwelling units per acre. 8. Why are the larger lots down by the open areas? :Placing::.:larger;,;°lots .-at the,,south end,, adjacent,to the _open. space -areas is a marketing issue._.The-applicant has provided additional setback/buffering along Trilby in response concerns which were expressed at a neighborhood meeting held last year. 9. Who will provide the services for this project,i.e. police, fire, etc.? A. Police service will be provided by the City of Fort Collins. Fire protection will be provided by the Poudre Fire Authority. Water service will be provided by the Fort Collins -Loveland Water District. Sewer.service will be provided by the South Fort Collins Sanitation District. The site is located in the Thompson Valley (Loveland) School District. 10. The sewer and water utility installations will be paid for by the developer. 11. Will County Road 32 be extended to reach this project? A. No. 12. What is open space? A. Wetlands, ponds, anything that is not buildings. 13. I do not like the idea of manufactured housing going in on this site. I have a concern that this will drop our property value. n NEIGHBORHOOD MEETING MINUTES PROJECT: DALCO PUD DATE: April 13, 1995 APPLICANT: James R. McCort', Colo. Land Source, Ltd. CONSULTANT: James Sell, Jim Sell Design PLANNER: Mike Ludwig The proposal is for a mixed use development of 936 single-family and multi -family residential units, a church/commercial site, a school/park site, recreational center and naturalized open space on 445 acres, located at the southwest and southeast corners of South Shields Street and Trilby Road. QUESTIONS, CONCERNS,- COMMENTS 1. What will the units look like? A. It will be similar to Manor Ridge development. The buffering around the project will be similar to that which is along the multi -family housing on Horsetooth Road near. Collindale Golf Course. 2. This property has been purchased, it is owned by the applicant. 3. The portion of the project on the east side of Shields Street and south of Trilby Road is part of the Del Webb O.D.P. which was approved in 1984. No plans have been approved for the portion of the project which is west of Shields Street and south of Trilby Road. 4. There will probably be a signal light installed at the intersection of Shields and Trilby Road. However, this and other off -site street.improvements will be determined by the results of the traffic study which must be submitted with the development application. 5. What will the commercial site become? A. We do not know at this time. The size of the proposed commercial site is comparable with the Raintree Shopping Center on Shields Street and Drake Road. REGISTRY RIDGE SWC TRILBY AND SHIELDS Private Recreation Faciliites Item Cost Subtotal 1. Wading Pool $ 25,000 250,000 $ 25,000 275,000 2. Swimming Pool 75' x 42' 65 340,000 ,. 3 _-: Cabana Pump. House ,000 ,. _ 40,000 4. Tennis Courts (2) _. 20,000 400,000 5. 6. Childrens' Play Area Pool Apron an Sidewalks 25,000 425,000 7. Parking Lot 30,000 30,000 455,000 485,000 8. 9. Landscape Irrigation System 17,000 502,000 10. Grading 4,650 15,000 506,650 521,650 it. 12. Engineering, Architecture Development Fees 3,000 524,650 13. 3/4" Water Tap (irrigation) 5,575 530,225 550,775 14. 1 1/2"Water Tap (pool) 20,550 9,676 560,451 15. 16. 6" Sewer Tap 10% + Contingency 64,549 625,000 NOTE: Cost estimates are 1994-1995 actual contruction to occur during 1997. Natural Resources Advisory Board Meeting November 1, 1995 Page 8 would happen to the Registry Ridge development if the area is not purchased. Shoemaker explained that it would still have to go to the Planning and Zoning Board for a decision; they could go ahead with the development if the Natural Resources Advisory Board is not interested in it as a natural area. Steffes asked how many units of manufactured housing are involved. Shoemaker said that there would be five to an acre. Ohison said that if the area is worth buying, the City should get an option on the land, be in a position to sell it for affordable housing and have the investment returned to the natural areas fund. Janett asked if there is a policy limiting the density of housing next to a natural area. Shoemaker answered that there is not a policy, but fewer houses mean fewer people. He added that a better choice might be to leave a buffer between the development and the open space. In conclusion, Shoemaker noted that this land is identified in two existing plans (the Natural Areas Policy Plan and The Plan for the Region Between Fort Collins and Loveland), the developer has complied with the request for an additional viable piece of property and it has been offered at a reasonable price. Miller noted that the area will probably be developed is ten years. Bill Miller made the motion to pursue the acquisition of Areas 1, 2 and 3 as proposed by the Registry Ridge P.U.D. and to take the option on Area 4. Ed Secor seconded the motion and it passed unanimously (8-0). Natural Resources Advisory Board Meeting November 1, 1995 Page 7 Natural Area Dedication/Purchase Proposal for the Proposed Registry Ridge P.U.D., Tom Shoemaker, Natural Resources Director Shoemaker said that this is a 200 acre parcel located east of Shields and south of Trilby. He explained that board members visited the site in May 1994 and rated it as moderate priority in the Natural Areas Policy Plan. He added that at that time there was an opportunity to buy the entire site at $4,000 an acre but the board did not approve the purchase. Miller noted that the 1/4 cent sales tax had not been in effect long enough in 1994 and the Parks and Recreation Board and the Natural Resources Advisory Board chose to fund higher priority areas with the funds available. Shoemaker explained that the owners are proposing an overall development plan that will be heard by the Planning and Zoning Board this month. He added that they have proposed dedication of 71 offsite acres, including the bluff, to obtain bonus points. Shoemaker explained the breakdcwn of the four areas in the parcel: Area 1: 71 acres dedicated by the owner for 30 bonus points under the LDGS Area 2: 32 acres dedicated by the owner for no points Area 3: 47.06 acres offered by the owner at $4,500 an acre, for a total of $211,700 Area 4: 50.06 acres approved for manufactured housing and offered to the City at S10,000 __... an acre, with a one-year option Secor asked for a description of the project. Shoemaker said it is mixed residential (650 units on 244 acres) with a school, neighborhood park and some commercial. He added that the area is within the existing city limits. Shoemaker noted that the McKee Charitable Trust land (960 acres) located to the south of Registry Ridge is still fairly controversial. He explained that this site extends from the Fort Collins urban growth area to the Loveland urban growth area; the proposal is to cluster the development at the Fort Collins end and put conservation easements on the remaining land as permanent open space. Shoemaker said that the City of Fort Collins opposed the plan, but the County Commissioners approved it 2-1. Friedman asked about the feasibility of buying Area 4 and working with the owners to find another parcel more appropriate for affordable housing. He felt that this could be a major urban area in the future and although Area 4 might be useless in terms of a natural area, it is open space and might work for the prairie dogs and raptors. Shoemaker said that staff is recommending taking the option on Area 4 rather than buying it now; this would allow the opportunity to explore the affordable housing issue. Murphy asked what "14n Jr Be Subarea 8 - Area between Shields/Taft and Highway 287 Description: This areaextends from Shieldseetfraft Avenuethe north to 57th Str et n the soRoad 17) to State uth. The northern Highwayway 287 from Trilby Road on section of this subarea is within the City of Fort Collins, and is master -planned for a mixed -use development. The southern section of this subarea is within the City of Loveland. An active railroad line is located along the west edge of this area, at the foot of a steep bluff which runs parallel to County Road 17. Objectives: • Preserve sense of openness along 287 and CR 17 • Maintain County Road 17 and Highway 287 as free -flowing arterials • Maintain sense of separation between communities Policies: Preservation Land use Implementation ( character Preferred Preserve bluff Mixed use in and PUD controls w/ bluff preserved as Scenario between CR 17 and the railroad tracks. northern southern sections; open space, in master -planned Center section kept campus setting Fee-si open to preserve sele urchor Transferable rural character Agriculture or Development Maintain open restored prairie in Rights(TDR) for views along 287 center section center section Setback controls along 287 and CR17. Afterna- Rural residential in tives center section A PLAN FOR THE REGION BETWEEN FORT COLUNSAND LOMAND 21 SITE DESCRIPTION RESOURCE VALUE RELATIVE THREAT RNILIC USE ' ' Develop. Pressure Develop. Potent. Locks • CurrentEdUC.1 pittance 6chools Access Negative City factors PI Site I: Nra (Overall Ranking). Description Area (ac) Relative Value Dlstmoe to Open Nigh Moderate Moderate yes Moderate Mod. Unknown Yes fC•N: RedLall Grove (High). Pond eoeples and upland cottonwoods slang Fossil Creek - tributary. Site used by nesting red -tatted hawks, waterfowl, and songbirds. Nay serve as 20 Nigh High deer corridor. low Moderate Moderate No low Nigh Unknown No FC-9: TrlbuterY South of Golfer! East to RR 61 High Low Track.(Moderate). Over 27 acres of a wide tone of marsh and wet meadow habitat along creek drainage with prairie dog colonies in grasslands along southern wetland edge. Moderate Moderate " Moderate Nigh Moderate Moderate High No Moderate No Moderate Ycs Lou low HIgA Low High Nigh Unknown No Unknown No Unknown Yes FC-10t Pleasant Nlll lane fork (Moderate). Small grassland area between fork In creek and RR track. Contains ratrie col S Moderato Low .FC-11: Writ tam Northern Ridge moderate). grassland with many native plant species and prslrle dogs along creek and ridge to east of Burlington kit tracks. Site used by raanerws replan. RR rlght•of-way could be Issue for ac Isition. TO Nigh low FC-12: (yeah Creek Park AmeN (Nigh). Creek and grosslands cantaintne prairie dogs to northeast of park. Nigh use by wintering replete, Including bald eagles. Parks Nester 27 Nigh Nigh Plan (partialsite). FC-17: MofI Southern west Trlbutary 4f UGA (Moderate). Over 15 acres of a wide Iona of marsh and Net meadow habitat long creek drainage with adjacent gratstards. Area -is frequently flooded In spring and provides valuable feeding sites for shorebirds and 36 nigh Low low Moderate Moderato No low X19h Unknown No Moderate Moderate Moderate Tes to, Nigh Unakncwn Tea waterfowl. fC-1(s S�iie••n East tributary within UGA (Nigh). largo 9nsat" with prof rla dogs along creek, Nigh use by wintering raptors. 66 N19h Nlgh T143 —11 MULTIPLE OBJECTIVES eras CPPOR111NITY other Avail- Low Partners Issues Pions - ability Cost No Nigh Law No Unk. No I Uarmat I Unk. I Me I unk. No I Unknown I Unk. I Na I Unk. No I Unknown I Unk. I No I Yes No I Unknown I Unk. I No I unk. No I Unknown I Unk. I No I Unk. No I Unknown I Unk. I No I Unk. 4 WV % it Is !P- ZA rP 0 P L74 - A-M 4y c4a)'. ORIS15i iK,79W1i Ol J6i � v0 N.G., _17PIRF V4 ry — a V, UWE. V, • •:c I, .-iI.LII4bi r d Area 4 -- 50.06 acres. This area is identified as open space in the Fort Collins/Loveland corridor plan, but was not identified as an acquisition parcel is the natural areas plan. The site is approved at the Overall Development Plan level for manufactured housing and the owner has a standing offer from an affordable housing developer at $10,000/acre (staff has verified this). The owner has agreed to grant the City a one-year option on the property at $10,000/acre. Given the price of this parcel and the concern in the community about affordable housing, acquisition of this parcel needs to be carefully weighed. A decision on. this parcel is not required at the November 1 meeting, but it would be useful to know the Board's preliminary thoughts. Although the field trip to this area did not work out, it would be useful if Board members could visit the site prior to Wednesday's meeting. Please call me at 221-6263 if you have any preliminary questions. . Comma.-.1ty Planning and Environmentai services -gyp Natural Resources Department Citv of Fort Collins MEMORANDUM DATE: October 30, 1995 TO: Natural Resources Advisory Board FROM: Tom Shoemaker, Natural Resources Director ✓� RE: Proposed Natural Area Acquisition At the Board's November 1, 1995 meeting, I will be seeking your recommendation on a proposed natural area acquisition. The 200-acre site (attached map) is east of Shields Street and south of Trilby Road. It has been identified as a moderate priority acquisition site in the natural areas acquisition evaluation and as a desirable open space area in the Plan for the Region Between Fort Collins and Loveland (excerpts attached). The board looked at this site about 18 months ago and elected not to pursue acquisition at a cost of S800,000 at the time. Since that time, the land has changed hands and is now owned by development interests who also own land west of the site (proposed as the Registry Ridge P.U.D.) and east of the site -along Highway 287 (Shenandoah P.U.D.). The proposed acquisition involves a combination of dedication by the owner and purchase by the City and includes several potential alternatives. On the map, I have sketched four separate areas within the 200-acre parcel. I would like your feedback on which combination of areas (if any) the City should acquire. Area 1 -- 71 acres. The owner is proposing to dedicate this area in conjunction with the Registry Ridge P.U.D. The owner attributes a value of $8,500 to S 10,000 per acre to this land. If approved by the Planning and Zoning Board, in return for the dedication, the owner will receive approximately 30 bonus points under the LDGS. This use of the "offsite open space bonus criterion" of the LDGS will allow the applicant to obtain the points necessary to obtain approval. Staff must make a recommendation to the Planning and Zoning Board regarding the acceptability of the site as offsite open space. Area 2 -- 32.3 acres. The owner is also proposing to dedicate this area in conjunction with the Registry Ridge P.U.D. However, he is not proposing to obtain any LDGS points for the dedication. This offer came about through negotiations by staff. Area 3 -- 47.06 acres. We have said to the owner that dedication of Area 1, by itself; did not provide the City with a viable natural area parcel. We said that in order to accept Area 1, we must have the ability to acquire Area 3 at a reasonable cost. Based on this request, the owner has proposed sale of this parcel at $4,500 acres, which he regards as an "at cost" and "below market" sale. Staff regards the $4,500 figure as a fair and reasonable cost for the property. Acquisition cost would be $211,770. 281 N. College Ave. - P.O. Box 580 - Fort Collins, CO 80522-0580 - (970) 221-6600 - FAX (970) 221-6378 _ r Natural Resources Department MEMORANDUM DATE: .:November 14, 1995 TO: Mike Ludwig, City Planner FROM: Tom Shoemaker, Natural Resources Director jet-,.✓ RE- Registry Ridge Offfsite Open Space Dedication/Land Purchase This memorandum confirms my recommendation to the Planning and Zoning Board that the City of Fort Collins accept proposed offsite open space dedications for the Registry Ridge P.U.D. and grant bonus points under the L.D.G.S. residential bonus point chart. This recommendation is based upon a review of the subject properties by Natural Resources and Parks Planning staff as Resources Advisory Board. At their November 1, 1995 meeting, well as a review by the Natural the Board unanimously endorsed accepting proposed dedications and pursuing acquisition of _> additional parcels according to terms outlined by the landowner/applicant. Copies of my memorandum to the Board, and- excerpts from their minutes are attached The proposal by Registry Ridge involves four different parcels within the 200-acre tract of land east of the RegistryRidge property (refer to attached memo dated October 30, 1995). All or portions of this tract are identified as moderate priority for acquisition within the Natural Areas program, and the entire 200-acre site is identified as desirable open space in the adopted Plan for gr A the Region Between Fort Collins and Loveland:. The tentative agreement between the City an Registry Ridge (subject to Planning and Zoning Board approval) involves the dedication of approximately 103 acres of land (Areas 1 and 2 in October 30 memo) and granting of options to purchase 47 acres east of the railroad tracks (Area 3) and 50 acres west of the railroad tracks (Area 4). If approved by the Planning and Zoning Board, we would definitely pursue acquisition of Area 3 along with the dedications of Areas 1 and 2. No firm recommendation has been developed regarding exercising the option to purchase Area 4; we plan to continue our review of this property and make a decision within the next few months. You will note in the attached materials my understanding that the applicant would not claim points for the 32 acre dedication of Area 2. I understand now that the applicant is claiming offsite open space bonus points for this land. Given that the additional dedication does not make the difference in whether the project gains enough points to warrant a recommendation of approval, I don't believe the discrepancy is critical. The additional dedication, with or without the award of points, represents the applicant's intent to go beyond the minimum needed for approval. With respect to offsite open space and allowing flexibility for future purchase by the City at a reasonable price, I believe the applicant has made proposals that go beyond the minimum needed for approval. ,o, k.n.... A..e . nn RAY sn - Fort Collins, CO 80322-0580 • (970) 221-6600 • FAX (970) 2'-11-6378 Parks and Recreation Board Minutes October 25, 1995 Page 4 Meetine Attendance Board Members Diane Thies Marilyn Barnes Sylvia Cranmer Rich Feller Jessica MacMillan Mary Ness Eric Reno Roger Tarum Rael, Administrative Aide 11 Staff Mike Powers Jean Helburg Peggy Bowers Steve Budner Terry Keith Mike McDonnell Jackie Rael Guests CSU Students Parks and Recreation Board Minutes October 25, 1995 Page 2 lgcated in the designed housing development. Jessica MacMillan asked who the developer is? Mike replied that it is US Homes. Diane Thies asked if this neighborhood park will be a large enough site for the size of the population in this area? Mike said this will be a six -acre park site and that is an adequate size for a neighborhood park. Diane asked what the date would be to develop this park? Mike said not in the near future. A question was asked if this is in the Thompson School District or Poudre R 1? Mike said Poudre R 1. Roger Tarim said that if the density is this high in the area that we need to get an adequately sized park. The Board is in agreement of continuing negotiations on the parkland donation. Secretary Note: Staff checked ivith Attorney Lucia Liley, ivho advised us that Registry Ridge is in the Thompson RV School District. RECREATION PROGRAM FEES Jean Helburg gave an overview of the Recreation Fees and Charges that have been adopted by City Council last week. She introduced her Program Administrators in Recreation: Peggy Bowers, Youth Activities; Terry Keith, Sports; Steve Budner, Adult Activities, and I ke MCDonnell, Ice and Aquatics. Marilyn Barnes and Diane Thies asked to be on the Focus Group. Steve Budner added Marilyn and Diane to the group. Jean spoke of the Poudre R-1 fee policy that is being reviewed by the School District as they are phasing in a five year fee. Fee changes in volleyball and basketball are because of the charges we will incur from the School District. There were no further comments by the Board. PICKLE PLANT PURCHASE Mike said that the Pickle Plant site was one of the four key parcels of land identified for City acquisition. An environmental assessment was conducted in this area. The 4-acre site, along with the 15,000 square foot building, would cost $290,000. The cost would be split three ways as follows: A private business would like to lease the building for five years for $70,000; Wastewater Utility Capital Reserves for $110,000; and Conservation Trust Fund for $110,000. Staff is asking the Board for a recommendation on the purchase of this property. On a motion by Eric Reno, seconded by Roger Tarim, the Board voted unanimously (8-0) to approve the purchase of this land as presented by staff tonight. Mike said that this piece of land is critical for the river corridor. Roger said that he asks that the City keep in mind that this building be tom down and that the City not keep it and incur operation and maintenance costs on it. 1996 PARKS AND RECREATION BOARD WORK PLANIMEETING SCHEDULE Jackie Rael presented the draft copy of the Board's 1996 work plan and meeting schedule. Jean Helburg added Youth Center as our contract will expire with the School District after two years and CITY OF FORT COLLINS CULTURAL, LIBRARY, AND RECREATIONAL SERVICES PARKS AND RECREATION BOARD CITY COUNCIL LIAISON TO THE BOARD: Councilman Bob McCluskey, Jr. STAFF SUPPORT TO THE BOARD: Jackie Rael, Administrative Aide MINUTES: Regular ;Meeting --October 25, 1995 CALL MEETING TO ORDER: The regular meeting was called to order at 6:30 p.m. by Board President Diane Thies. Board Member Rebecca Chavez called to say that she would not be able to attend tonight's meeting. eeting AGENDA REVIEW: Staff added the Parks and Recreation Board 1996 Work Plan/M Schedule was added to the agenda. _ APPROVAL OF MINUTES: The minutes of the Regular Meeting of September 27, 1995 were unanimously (5-0) approved on a motion by Jessica MacMillan, seconded by Roger Tarum. CITIZEN PARTICIPATION: No citizen participation. ADVERTISING IN THE PARKS Recreation Program Administrator Terry Keith said this has been pulled from the agenda as staff checked the City Code for advertising in the parks, and found this would be a violation to the present City ordinance. Roger Tarum asked if we have any advertising in the parks at this time? Terry said that during tournaments, banners can be placed in the parks for 72 hours. The only permanent advertising in parks is First National's signs in City Park at the ballfields. However, these signs will be removed within the next few months when new scoreboards are installed. Diane asked if we do allow advertising in the parks, would there be restrictions? Terry said that there would be restrictions against alcohol and tobacco. Mary Ness mentioned the advertising that has been promoted for Transfort, and questioned how that relates to the City Codes?. REGISTRY RIDGE PARKLAND ACQUISITION Mike Powers explained that this site is located at Shields and Trilby Road (west side of Shields). The Board toured this area last summer during the Natural Areas tour with Natural Resources Board and staff. The six acre parkland proposal, which will be donated by the developer, is centrally Cultural; Library, and Recreational Services October 4, 1995 Ms. Lucia Liley, Attorney 110 East Oak Fort Collins CO 80521 Dear Ms. Liley: This letter is an expression of interest regarding a dedication to the City of a neighborhood park site located within the Registry Ridge proposal. Last Friday our Park Planning staff took a field trip to the Registry Ridge area to look at the park and open space proposals you discussed with me earlier.in the week. We think the o'-acre park site located within the Registry Ridge proposal is a good site for a neighborhood park (and is even better if the school locates next to it). We are interested in accepting that site as a gift to the City. Parkland fees would still be collected if the proposal is approved. - If the school locates adjacent to the park site in Registry Ridge, the City will develop typical neighborhood park amenities on the park site. However, if the school locates elsewhere, the City will develop the typical neighborhood park adjacent to the school. The park site in Registry Ridge will still be developed, although to a lesser degree, using the parkland fees collected in Registry Ridge. We appreciate the opportunity to partner with the private sector and look forward to working with you on the process and other details as this proposal moves through the development review process. Sincerely, Michael W. Powers, Director Cultural, Library, and Recreational Services Cultura:, -ibrary, and Recreational Servit. DATE: November 14, 1995 TO: Mike Ludwig, City Planner FROM: Michael W. Powers, Director of Cultural, Library, and Recreational Services RE: Registry Ridge Park Dedication The Parks and Recreation Department is currently in negotiations with the attorney and owners of the property known as Registry Ridge for the acquisition of a park site in that development. The current proposal is for the developer to dedicate a six -acre park site adjacent to a proposed school site interior to the development. If this area is approved for development, it will need to be served by a neighborhood park, consistent with our existing Parks and Recreation Master Plan Policy. As you can see from the attached letter from K-Lynn Cameron, Park Planning and Development Manager, to Lucia Lilev, Attorney, the type of park facility that would be designed on this property will be dependent upon the location of the school. If Thompson R2J School District selects this site to place their school, our intent would be to build a joint use park/school site facility, which will have more active components. If the school is located at a different site, this park site might be less active and include more passive areas. The second attachment to this memo is the minutes from the Parks and Recreation Board meeting where they considered this site. The Board enthusiastically supported our continued negotiations to receive this dedication. Once the dedication is complete, staff will return to the Parks and Recreation Board for a formal vote to accept the property. If I can provide any further information, please let me know. MWP:jmr Attachments (2) 291 North College Avenue • Fort Collins, CO 80524 • (303) 2221-6640 DENSITY CHART (continued] Cri=Icn 5 t O u VI if the site or aajacem Fmpary ccnr.= a historic building Or place. a booms may be rained for the fallowing: 3% For Pme=ng cr mitigating outside iaflnmces adverse to its prc=vation (e.g. eavaamneaai. ]sad am aesthetic. ecanou is and social factacs); 3% Far assrsmg that new structures will be is kregjag with the eharuser of the basidiag of place, while avoiding total traits: 3% for proposing adardve use of the bat7dja�$ orplice that will lead toits comiaaance. pr--,end= and nit-rrovemctt in as appropriate mamtea If a portion or an of the regal and paddng is the multiple famt7y prajea is provided underground. within the but7ding. or in an elevated paridng srttamte as an accessory use to the primary srnenae. a boats may be earned ss follows 9% Farproviding 75% or mote of the patjdngin a saeetrne; 3% �S 2 - 49% of the pazk4% of the pae iZ%g in a sin a ^^� 3% Forp:aviding If a ectruaLaurmt is being made to provide approved automatic fre csringeisbing systems for the dweMng Hits. enter a boas of 10%. If the applicaas commits to providing aderinatesafe and convenient pedesrjan and bicycle coaaecnns between the project and any of the desiaujnn points described below. eakrlam the boons as follows 5% Far amteedng tothe nearest e�saag City sidewalk and bjeyole patlt/la 5% For ==acting to any existing public school. part and roast smP with=am ^'aeda this to dsanca as d-_. 5% For ecdng to an existing City bicycle can which is adjacent to or =v=cs th..e pmjeer. IA" Deveiv; :nett Guidance Systemfor Planned Unit Developments The Cityof Fos Collias.Colorado. Revised September 1994 -79a- 5 . C: erbn .0 c I " H d m e l DENSITY CHAR , ZOO feet of an exunag nagnoornooa snopptng ectte: or — 20% •------------------------------g---- -- 2000 feet of an appspved but not corsttnc�i ndghborhood shopoin center. ---- l0% 650 feet of an existing transit stop linable only to projeea having a density of at least six (61 dwellingl 2o% attarscre pa aan grpss ere 4c ) 4000 feet of an existing of unproved �egi�nalshopping crta — I 104ia 3500 feet of an existing adghbor:hcod or community park reownkr E--a —-- l�ealLY-j — I 3500 feet of a publicly owned, bat not developed. neighborhood or community pact, or earstrn — -- --" facility (ettept golf purses); or to .------------------------------------ 1---- 3500 feet of a publicly owned golf c:uze. whether developed or noe -- — 1 1046 2500 fou of an existing scbwL nee ng au tequiremepu of the stare of Colorado cm-w— pry edy;eacnn I 1096 --- t f 3000 feet of a major e®ldyment tenter I 204E 1000 fat of a chiLd cam center 1 5% h -Aortic" Fort Collins I 20% ( I The Central Hukam District I W% j A Froject whale bapadsry it c nciguous m existing urban development. C c& tray be earned ss follows: 30% 0% For projeess whose property boundary has 0 -10% comiga! 10 -15% For proles whose ;=cr y boundary has 10 - iA96 eontiguaty; 15 - 20% For projects whose ry bou ndary has 20. 30% caadgmkr. 20 -•25% For Projees whose prepcy boundary has 30 - 40% coudgc . 25.30% For projects whosa , mjerty boundary his 40 - V% concguity. k If it cart be deanonstrated C•at the i^rojer. will reduce non-renewable energy usage eider through the apolimcion of I . alrer:naave energy sysm= of through eomrnined energy conservation aessares beyond C'sose nomslly reau=ed by City Code. a 5% bonus may be earned for every 5'7a reduedon in energy use. ( Calculate a 1% bonus fer every 50 acts inc:::ded in c ;e pmjee•_ I Calculate the pe:.e.=ge of the nnl Z= in the project that ge.devoted to;ree-adocai use. _sez:U2 of t4-at - - pere.tuage as a bourns. . f1 I If the appiicaat pmnnics to gastrul a; p=r.-== od-site open spacer th t meets the Gty's aleulare the percruge of Chia open spoor a=ge w the total r'eveloonunt at^ige and enter cis pe- rssge as a _ bonIs. 2 I 0 I If part of Coe total development budget is to be spent on red&hbcrhood pubHe ransit faciUdes which are not otherwise tequked by C* Coder enter a 2% bonus for every $100 per dwelling unit invested. r P If pia of the mil develcpmis budget to be spent on neighborhood selires and services which are xt oCeraise ' H I rxuired by City Code. enter a 1% bonus fcr every $100 pa dwelling snit invested. -" If a comitmenz is being made to develop a speo�ed yc....nage of the total number of dweilng .nits fcr low Z Q mincorne families, ens that percentage as a boi on. at) to a maximum of 30%. QIf a comntiaers is being made to develop a specified uecentage of the total number of dwelling suits for Type -A- gc f and Type "S" �arrdcs�od housing as dear by the City of For: Quirts. cal=lam C`.e bonus as follows: ijpe"A SxT�"a"T• — — of Una Type'$ a nc ate 3W the combined bonus be grave . than 301.re Tool Units a Continued Land Development Guidance System for Planned Unit Developments The City of Far. Collins. Colorado, Revised Septcaber 1994 . i9. A i TAC-i^.ENT "3" ACTIVI T-Y: Residential Uses DEFINITION; H All residential asses. Uses include single family attac:.ed dwellings. townhomes, duplexes. mobiile homes. and multiple family d«ellings: group homes: boarding and rooming houses: "2rar^rrury and scrcrry houses: nursing aornes: public and private schools; puoiic and non-profit quasi -public -:3.denai uses as a principal use: uses providing meeting places and places for public assembly with incidental once space: and child centers. CRITERIA, sae cil.owing a^ciit'b'.e ^^=on must be a.•wswe.-ed . es" and . =,ciemeated •a:_ ire -`'_ ^_eveiopment plan. ' DOES Tr-?RCS=C: E.5L2Y Tr= NMNUVfn1 ?c-)Cz- 1AGE ?OL`iS AS CA -==LA M ONOw_iY_C "7E:YSaiY C:=1.RT" —OR - ?.°.OPOSr� DENS1iY OF _ �ESu�Lr�AL ?RCJE%, ::� : �^ wired earned credit for a rsidet:^i rojec: shall be based on the foiicwtng. 60 t e._ertage points = 6 or wer dwelling -.its ;,erase 60 - 70 Perot •: ge points = 6 - i dwelling units per a=-- 70 - 80 uer_entage points = 7 - 8 dwelling traits per acc 80 - 90 pe --entage points = 8 - 9 dwelling units per ace 90-100 ueroe age points = 9-10 dwelling units per ace 100 or more rer_e :tags points = 10 or mote dwelling .wits per ace Yes C N/AZD Land Development Guidance System for Planned Unit Developments The City of Fort Collins. Colorado. R_ Ased Aug= 1994 ' 78 1( Activity A: ALL DEVELOPMENT CRITERIA LL CRITERIA I AFP! .!Cr,BL=CRI1=?:A CNLY Is :`e ^—enen 'mill wecaerierj ac.i:aefe7 I be satis:lee7 CR17==1CN I s .7I Yes INo I If no, ~lease ex=lein A1. C ;MMUN;-!-~VICE CR; c 1.1 Sciar Crier. —= :;v% I I I I I 1:2 Cc—craersi r= =Ian I I I IloorI I. 1. 3 W:. :iie :=a it �.._ =c^ ciC.:i!'r ;.3.^.S�iivc.�f_-- I reS2.-.e•% I I j el 1.E Air "— =11 •--v C,=' - ==:.=. ❑—`— 2.1 1 • — s — =e�' -=�VOT sicrs ( I ILXI 2.15 Eii:_-:g.;-,tirc I 1 10 2.1E Ncis= andy:trE PC 2.17 Giara zr HeEt I I I 2.1E 'ic=-r"cus Mat=rials A 3. ENG6NEERING CRI i ERIA I 3.1 UtiiiN Cacao., I I I ;/ 3.2 Des;= vtardar.-_s to CS 3.4 Gecicc:c HaZEres I I I Land Development Guidance System for Planned Unit Developments i ae City of Fort CoUns. Colorado. Revised ,, ch 1994 y ,�o.. g UPI -61- .' mcv I Pf(OJECT NOTES PLANT Yn_TE_g ze s�;52+ w.nooro A�W' r W ,aw�V r rr�r r cA w_ PLANT KEY O' .— Q Ab ® ED YJY T 8 Of ( r � .plPl4l41 p10 v v v; � —I Iq en .aa ea m O O O 4 4 4 0 O O Iw I I iin iii aM MT' P iO w0 4 P .W 4 4 O p �/-----'-- > c)-b r-- aiTO .•a .m. 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'OH I' r M r II t__`_''�-' '�:i7�7E6 Na •e>I I ' ' se Jl3i_ c !I' � �r�'/ I' .a.m� NI au O .N •!a I �� O P O O O O O OJ ,I �: i I� ��L:r__ z if m r I ____ • O O __ GJ r L- - e.p�--_� r , •_s �dI Lr ea o o .N atl an a» aN •» p.4 /" - O iN! e4 p O O O LI q •r •O O •q'I • __ _ __ __ __ ___ __ __ __ _ �•' ' or Ne 6 _ _ 1• v— t—_Lp�l-wswsel[ I�I m I eN Ns s!e N! !e[ .eo •m Na '°' d O •r Bij I wr N i \I PLAleM1O A ZOlAM3 APPROVAL 'W OWNER'S CER +ATION- W ANOS .�.rvr'wrr�_e .r« nr VICIMTY MAP Q IO.D... /�ryr♦.[LIM t M aYeaa. �i `aa�M .r.a.,,w"rieweweo. wYe O L0•�. •fflY Yrr11Ml v � erY e v P ._ .IYY .OrYlr.. rYrnw � ' J wre L. i .o.aern «rr'w i ���n� B YiB11W wY. MYW wn aen nr PROJECT NOTES DESCRIPTION LEGAL D PROJECT STATISTICS �_q ^ _ _ __ ME" JIM oemrA v,.o..n. Yr,r'w ,. •r« -. '� - —sue.,. NaA11 o .. :"S��=�.•,�.we� .r..Yw.. ieY�.w ii iw�n rw» '� _� � � _ �.� tT.'"�"'•.-L77.SP�'V7._ ... ..� i � .� aewna _�� 'i �— ,�. ' u. �w.rr�' nwwre �,T.:._.��._ .'C x. _T - ..M •• S>_1— Registry Ridge P.U.D. __ OF-�"--•— Overall Development Plan .r. .r..,a..r �.,—_,_ FL CoWne, Colorado �-- I C VICINITY MAP Ub/LLIUz) 32-95A, REGISTRY RIDGE PUD Preliminary No Text No Text Registry Ridge P.U.D., Phase 1 Preliminary, #32-95A November 20, 1995 P&Z Meeting Page 9 2. The use of round -a -bouts must be approved for safety and good traffic function by the Director of Engineering prior to consideration by the Planning and Zoning Board of the first final P.U.D. for the Registry Ridge O.D.P. 3. All deeds of dedication, encumbrance releases (if necessary) and other customary closing documents, in form acceptable to the City, for both the six acre neighborhood park site on ParceUTract I and the 102.89 acre of offsite open space parcel shall be unconditionally delivered into escrow with the North American Title Insurance Company, in such a manner as to afford said company the ability to perform the escrow and convey the properties to the City upon final approval of this PUD plan. Said documents must be delivered into escrow prior to consideration of the final plan for Registry Ridge PUD Phase 1. 4. If the escrow which is the subject of condition 3 above has not been established and all required documents delivered thereto, or if either the six acre neighborhood park site -or-the 102.89.;.acre.open space parcel -should be..determined:_by,_the. City,to. be unacceptable because of problems pertaining to (a) environmental conditions of the. parcels, (b) outstanding title issues and encumbrances or (c) survey problems, then the points awarded at the time of preliminary approval shall be revoked at the time of final consideration, in which event the plan must pass or fail based upon the remaining points available to the project. Registry Ridge P.U.D., Phase 1 Preliminary, #32-95A November 20, 1995 P&Z Meeting Page 8 submittal requirements for all on -site and off -site street improvements to Trilby Road and South Shields Street. There are three "round -a -bouts" proposed on the collector streets in the development _ that, are still being evaluated by the gngineering Department. A decision by the Director of Engineering on these round-abouts will be rendered prior to consideration by the Planning and Zoning Board of the first final P.U.D. for the Registry Ridge O.D.P. 7. Stormwater: The Preliminary stormwater design is a combination of detention and retention which will allow flows to leave the site only at historic, undeveloped rates. Therefore no off -site drainage easements are needed. The release is currently designed to go to the north. However the Stormwater Utility has requested that the applicant explore the potential of releasing flows to the west. This will be resolved prior to consideration of the first final P.U.D. for the Registry Ridge O.D.P. FINDINGS OF,FACT/CONCLUSION 1. The Registry Ridge P.U.D., Phase 1, Preliminary, # 32-95A is in compliance with the uses designated on Parcels A, E, F, K, L, M, N, O, P, and Q of the Registry Ridge Overall Development Plan, #32-95. 2. The Registry Ridge P.U.D., Phase 1, Preliminary, # 32-95A earns 97% of the maximum applicable points on the Residential Uses Point Chart of the L.D.G.S., exceeding the minimum required 60% for a residential density of 2.60 dwelling units per acre. 3. The Registry Ridge P.U.D., Phase 1, Preliminary, # 32-95A meets the applicable All Development Criteria of the Land Development Guidance System. 4. The Registry Ridge P.U.D., Phase 1, Preliminary, # 32-95A street layout and projected traffic volumes are in compliance with the City's Transportation Policies except for the three proposed "round-abou&'. RECOMMENDATION: Staff recommends approval of the Registry Ridge P.U.D., Phase 1, Preliminary, # 32-95A with the following conditions: 1. As part of any application for the first final P.U.D. for the Registry Ridge O.D.P., the applicant must provide utility design plans meeting the City's final utility plan submittal requirements for all on -site and off -site street improvements to Trilby Road and South Shields Street. Registry Ridge P.U.D., Phase 1 Preliminary, #32-95A November 20, 1995 P&Z Meeting Page 7 bike/pedestrian paths connect the residential uses to proposed public facilities within the development as well as to a future bike path along Trilby Road that is to be constructed with Phase 1. UR-�... In addition to the off -site open space dedication for which bonus points were awarded, there is a I otential for the City to acquire additional on -site and off -site open space either by future purchase and/or dedication. First, the southern one-third of the Registry Ridge O.D.P. is designated as "proposed open lands" on the Preferred Land Use Scenario Map of the advisory document The Plan for the Region Between Fort Collins and Loveland. The Natural Resources Department has obtained a one year option to purchase the southern one-third of the Registry Ridge O.D.P. (Parcel/Tract N) for open space regardless of whether the developer has received Preliminary or Final P.U.D. approval for this portion. The,Cityls interest in this property is dependent upon whether the McKee Charitable Trust . —_ Plat and Overall Development Plan south of the Registry Ridge proposal receives final approval flor "= 328" single-family lots from the County or whether public funds can be generated to purchase the McKee Trust property for open space. Second, there are approximately 99 acres of land on the east side of South Shields Street, north of the proposed 102.89 acres of off -site open space dedication. This property is also designated as "proposed open lands" on the Preferred Land Use Scenario Map of the advisory document The Plan for the Region Between Fort Collins and Loveland. The Ridgewood Hills (Del Webb) Overall Development Plan designates this land for manufactured housing, multi -family residential, convenience center/office and medium density residential uses. The Natural Resources Department has an option to purchase this property or it may be used for off -site open space dedication with future P.U.D. submittals. Vehicular access is gained from one entrance on Trilby Road at approximately the mid -point of the site and from two entrances on South Shields Street on the northern one third of the property. Two future connections are shown along the western edge of the property should the property to the west ever develop in the future. The street layout and traffic volumes projected for this Preliminary P.U.D. request are consistent with the Registry Ridge Overall Development Plan and are in compliance with the City's Transportation Policies. On -site improvements to Trilby Road and Shields Street will be required as well as off -site improvements to Shields Street from Trilby Road to approximately Clarendon Hills at the developers expense. The designs for these improvements have not yet been prepared. As part of any application for the first final P.U.D. for the Registry Ridge O.D.P., the applicant must provide utility design plans meeting the City's final utility plan Registry Ridge P.U.D., Phase 1 Preliminary, #32-95A November 20, 1995 P&Z Meeting Page 6 In addition, staff has attached numerous letters from affected property owners and other parties of interest. These letters generally reflect a concern that the density is too high and incompatible with the existing "rural' lifestyle of this area; and that this development proposal will eliminate any chance of retaining a separation between Loveland and Fort Collins. The applicant has attempted to address the neighbors concerns as follows and still meet City policies: First, there are both rural residential and urban residential county developments adjacent to this property. However, the property is located within the Urban Growth Area and within the City limits and therefore is required to develop at a minimum of 3 dwelling units per acre. If the maximum of 702 units are built (includes residential uses rather than the proposed school on Parcel/Tract H) the residential density will be 3.07 dwelling units/acre. If the minimum of 597 units are built (includes school on Parcel/Tract H and open space on Parcel/Tract N) the residential density will be 3.15 dwelling units/acre. The applicant is proposing the fewest number of, units as is possible to still maintain at least 3 dwelling units per acre. The applicant has attempted to minimize the impact of future higher intensity uses from the surrounding properties by placing the low density single-family residential parcels on the perimeter of the site.' The commercial/office, daycare, and higher intensity' residential uses are to the interior of the development and along South Shields Street. Second, the applicant must bear the cost of extending services to and throughout the development and must provide off-street improvements to Shields Street as well as on -site street improvements to Trilby Road and Shields Street. Third, The Plan for the Regio Bryn Fort Collins and Lover, an advisory document, designates the northern two-thirds of the proposed Registry Ridge O.D.P. as "residential cluster development"on the Preferred Land Use Scenario Map. The southern one-third of the proposal is designated as "proposed open lands". As discussed in the Open Space section of this Staff Memo, the City has obtained a one year option to purchase the southern one-third of the Registry Ridge O.D.P. (Parcel/Tract N) for open space. 4. Design: The Registry Ridge P.U.D., Phase 1 Preliminary is for Parcels A, E, F, K, L, M, N, O, P, and Q of the Registry Ridge Overall Development Plan, #32-95A. These low -density, single-family residential uses are the northern, southern and western perimeters of the site and will screen future higher intensity uses such as medium density residential, multi -family residential, commercial/office, day care, and school from existing, rural and urban county residential developments adjacent to this property. The lowest density single-family residential (1.96 du's/acre) has been placed along the northern property line (the south side of Trilby Road and south of the Mountain Valley Acres County Subdivision). This, combined with an open space buffer between Trilby Road and the rear property lines that is a minimum of 39 wide, provides an adequate transition for increasing density. Internal Registry Ridge P.U.D., Phase 1 Preliminary, #32-95A November 20, 1995 P&Z Meeting Page 4 [c] Partial credit may be given to active open space areas which are devoted to improved flood control channels and areas encumbered by flowage, floodway, or drainage easements- (2) Active indoor space. [a] Recreational facilities or structures and their accessory uses located in approved areas including, but not limited to, game rooms, swimming pools, gymnasiums, bowling alleys, exercise rooms, and tennis and racquetball courts; [b] Residents of the project for which the facility is planned must automatically be members, without additional charge." There are a total 37.86 acres of privately owned spaces within the Registry Ridge P.U.D., Phase 1, Preliminary. `All of the spaces are -greater than ten thousand -(I 0,000) square feet and greater than (50) linear feet in the smallest dimensions. 37.86. acres divided by 196.05 total acres in the Registry Ridge P.U.D., Phase 1, Preliminary is equal to 19.31 percent. `/z of 19.31 percent is 9.66 percent. hat n. If the applicant commits calcpermanent of this open spaceff-site open space tacreageetto the total the City's minimum requirements, ulate the Percentage development acreage and enter this percentage as a bonus - 52 points. The applicant is dedicating 102.89 acres of off -site open space on the east side of South Shields Street. This land is currently designated as medium density residential and manufactured housing on the approved Ridgewood Hills (Del Webb) O.D.P. with a secondary use being City of Fort Collins open space. The Plan for the Recion Between Fort Collins and oveland, an advisory document, designates this land as "proposed open lands" on the Preferred Land Use Scenario Map. 102.89 acres / 196.05 total acres in the Registry Ridge P.U.D., Phase 1, Preliminary is equal to 52.48 percent. Please refer to the attached memorandum from Tom Shoemaker, Director of Natural Resources regarding the Natural Resources Advisory Board's recommendation and City's willingness to accept this dedication. p. 1q If part of the total development budget is to be spent on neighborhood facilities and services which are not otherwise required by City Code, enter a 1 % bonus for every $100 per dwelling unit invested -11 points. The applicant proposes to spend $550,000 on a pool, tennis courts, children's play area and parking for the recreational use on Parcel J of the Registry Ridge Overall Development Plan. Registry Ridge P.U.D., Phase 1 Preliminary, #32-95A November 20, 1995 P&Z Meeting Page 3 BASE (LOCATIONAL) d. being located within 3,500 feet of a publicly owned but not developed, neighborhood or communityparr or communityfacility (except golf courses) -10 points. The applicant proposes to dedicate an approximately 6.0 acre park site (Tract I) to the City of Fort Collins at no cost for a neighborhood park. Please refer to the attached memorandum from Mike Powers, Director of Cultural, Library, and Recreational Services (CLRS) regarding the Parks and Recreation Boards recommendation and City's willingness to accept this dedication. A condition of approval will require that the property be dedicated to the City prior to consideration by the Planning and Zoning Board of the first final P.U.D. of the Registry Ridge Overall Development Plan. �. c being located within 1, 000 feet of a child care center - 5 points. A day care facility is planned for Parcel B of the Registry Ridge Overall Development Plan, #32-95. Although not part of this Preliminary P.U.D. request, the developer is obligated to build the day care center by claiming points for this Preliminary P.U.D. submittal and by the fact that no secondary uses are listed on Parcel B of the Registry Ridge O.D.P. BONUS I % bonus for every 50 acres in the project - 4 points. The Registry Ridge P.U.D., Phase 1, Preliminary, consists of total of 196.05 acres. 196.05 divided by 50 is 3.92. In. Calculate the percentage of the total acres in the project that are devoted to recreational use. Enter % of that percentage as a bonus -10 points. The LDGS defines recreational space as: "privately owned space which is designed for active recreational use for more than three (3) families and would qualify as one of the following categories: (1) Active open space. [a] A parcel of not less than ten thousand (10,000 square feet and not less than fifty (50) linear feet in the smallest dimensions; [b] Public dedications may not contribute to the active open space area; ITEM NO. 13 MEETING DATE 11/20/95 STAFF Mike Ludwig City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Registry Ridge P.U.D., Phase 1, Preliminary, #32-95A. APPLICANT: Vaught -Frye Architects 1113 Stoney Hill Drive Fort Collins, CO 80525 OWNER: Dalco Land, L.L.C. 8101 E. Prentice Avenue, Suite M180 Englewood, CO 80111 PROJECT DESCRIPTION: This is a request for Preliminary P.U.D. for 510 single-family residential lots on 196.05 acres known as Parcels A, E, F, K, L, M, N, O, P, and Q of the Registry Ridge Overall Development Plan, 432- 95, with a residential density of 2.60 dwelling units per acre. Individual phases of an Overall Development Plan can be less than 3 dwelling units per acre provided the overall development is at a minimum of 3 dwelling units per acre. The property is located at the southwest comer of Trilby Road and South Shields Street and is zoned R-L-P, Low Density Planned Residential with a P.U.D. condition. RECOMMENDATION: Approval with conditions. EXECUTIVE SUMMARY: This request for Preliminary, P.U.D. approval: * is in compliance with the uses designated on Parcels A, E, F, K, L, M, N, O, P, and Q of the Registry Ridge Overall Development Plan, #32-95; * eams 97% of the maximum applicable points on the Residential Uses Point Chart of the L.D.G.S., exceeding the minimum required 60% for a residential density of 2.60 dwelling units per acre. * meets the applicable All Development Criteria of the Land Development Guidance System. * is in compliance with the City's Transportation Policies except for the three proposed "round-abouts". COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Boa 580 Fort Collins, CO 80522-0580 (303) 2-11-6750 PLANNING DEPARTMENT YIXIM\A,O aOMO 1. I.NC..x w ✓fIr R= MIW .ITn ✓[,N fill / lOI1N VAN i -- PLANNNO a zONNO APPROVAL •a uY1 ^�.s"c:o.Wn.NY. P aewX.Nn SS I.^ M✓• K I.�YmY^ a IRY.•.R II.IX «•Y . n Y•Y I Q yff n• ••asw wY�•_N..ww.w v..wr wN 1 1 ..1 •\ t� V.2 Ny^•W 'V' I Y•Y, '�� .^..... N.• ^..^ --- I E OWNER'S CERTIFICATIONWar w�a�:-/-' i «.YI ae. sNrr a.n„ I Y•YI w•.w..r•-_w�•.sN_ •.. I A.N • "• 1 IYN • •1,•N • .--.--•— • I IYYiW «•N • Y.W WETLANDS wa.rr•.n._____.Nu.,Nw_-__ :, ��_... Y".•Y.i.we nY• YAUCLR w PROJECT NOTES l}11rJ{'��•l�jll VICINITY MAP Q PROJECT STATISTICS LEGAL DESCRIPTION • f• qf. lajR.N.. ..MMW N n � r. .r r .r• 14 f u.y.�•� ft.NYIY .fATf __ _ �-�••�— rr `. _i�`� ii.. i OY01Y1 • •..• � �. O .,O.IMx..NIx11Y •M W.. __ ._. �w Mr E.Ya WAY1, •! .d n.M.. ..�x��� •. 1 r _ _. ram!;��� � • NYI . • � � • Y• µa..R_�.w xi .N NVX . _= _= r— r r.=�� Sri :.��� __—'�— u yT`'�1—.i' ' ' •I w.•FMOI'.,�.a .rYww .- ri•'%��L� r.�..w.—.. .. ... — ^ " ;d ll�M...np.xY _ �rS�.�i...w..• r r. x. ^.wlr f. -----=.as_srr ..\ _... _ _ Registry Ridge P.U.D. ��}, . '- «• NY•e. N =-s=? - Overell Development Plan FL Collins. Colorado ^-'�' 06122/95 VICINITY MAP. 32-95 REGISTRY RIDGE PUD Overall Development Plan No Text r Registry Ridge O.D.P., #32-95 November 20, 1995 P&Z Meeting Page 8 Company, in such a manner as to afford said company the ability to perform the escrow and convey the properties to the City upon final approval of the PUD plan. Said documents must be delivered into escrow prior to consideration of the final plan for Registry Ridge PUD Phase 1. ' 4. If the escrow which is the subject of condition 3 above has not been established and all required documents delivered thereto, or if either the six acre neighborhood park site or the 102.89 acre open space parcel should be determined by the City to be unacceptable because of problems pertaining to (a) environmental conditions of the parcels, (b) outstanding title issues and encumbrances or (c) survey problems, then the points awarded at the time of preliminary approval shall be revoked at the time of final consideration, in which event the plan must pass or fail based upon the remaining points available to the project. Registry Ridge O.D.P., #32-95 November 20, 1995 P&Z Meeting Page 7 application for the first final P.U.D. for the Registry Ridge O.D.P., the applicant must provide utility design plans meeting the City's final utility plan submittal requirements for all on -site and off -site street improvements to Trilby Road and South Shields Street. There are three "round -a -bouts" proposed on the collector streets in the development that are still being evaluated by the Engineering Department. A decision by the Director of Engineering on these round-abouts will be rendered prior to consideration by the Planning and Zoning Board of the first final P.U.D. for the Registry Ridge O.D.P. 7. Stormwater: The Registry Ridge Overall Development Plan meets City Stormwater Utility design requirements. FINDINGS OF FACT/CONCLUSION: 1. The Registry Ridge Overall Development Plan, # 32-95 is in conformance with the City's Comprehensive Plan..,.: 2. The Registry Ridge Overall Development Plan, # 32-95 exceeds the minimum gross density requirement of 3 dwelling units per acre. 3. The Registry Ridge Overall Development Plan, # 32-95 street layout and projected traffic volumes are in compliance with the City's Transportation Policies except for the proposed "round-abouts". RECOMMENDATION: Staff recommends approval of the Registry Ridge Overall Development Plan, #32-95 with the following conditions: 1. As part of any application for the first final P.U.D. for the Registry Ridge O.D.P., the applicant must provide utility design plans meeting the City's final utility plan submittal requirements for all on -site and off -site street improvements to Trilby Road and South Shields Street. 2. The use of round -a -bouts must be approved for safety and good traffic function by the Director of Engineering prior to consideration by the Planning and Zoning Board of the first final P.U.D. for the Registry Ridge O.D.P. 3. All deeds of dedication, encumbrance releases (if necessary) and other customary closing documents, in form acceptable to the City, for both the six acre neighborhood park site on Parcel/Tract I and the 102.89 acre of offsite open space parcel shall be unconditionally delivered into escrow with the North American Title Insurance 7l 1 f Registry Ridge O.D.P., #32-95 November 20, 1995 P&Z Meeting Page 6 Fourth, The Plan for the Region Between Fort Collins and Loveland, an advisory document, designates the northern two-thirds of the proposed Registry Ridge O.D.P. as "residential cluster development"on the Preferred Land Use Scenario Map. The southern one-third of the proposal is designated as "proposed open lands" on the Preferred Land Use Scenario Map. The City has obtained a one year option to purchase the southern one-third of the Registry Ridge, O.D.P. (parcel N). The City's interest in this property is dependent upon whether the McKee Charitable Trust Plat and Overall Development Plan south of the Registry Ridge proposal receives "final approval for 328 single-family lots from the County or whether public funds can be generated to purchase the McKee Trust property for open space. The 201 acres on the east side of South Shields Street that is not a part of this development request has already been granted overall Development Plan approval for manufactured housing, multi -family residential, convenience center/office and medium density residential uses. This area is also designated as "proposed open lands" on the Preferred Land Use Scenario Map. As part of the Registry Ridge P.U.D., Preliminary, #32-95A, the applicant proposes to dedicate approximately the southern 103 of these acres to the City. The Natural Resources Department has obtained options to P urcliase the remaining 99`acres or it may be used for off -site open space dedications with future `" P.U.D. submittals. 5. Design: The Registry Ridge Overall Development Plan consists of seventeen parcels. The layout of the parcels shows the low -density, single-family residential uses along the northern, southern and western perimeters of the site. Higher intensity uses such as medium density residential, multi -family residential, commercial/office, day care, and school uses are placed in the interior of the development and along. South Shields Street. In addition to placing the lowest density single-family residential (1.96 du's/acre) along the northern property be (the south side of Trilby Road and south of the Mountain Valley Acres County Subdivision) the applicant is proposing a open space buffer between Trilby Road and the rear property lines that is a minimum of 30' wide. Internal bike/pedestrian paths connect the residential use to proposed public facilities within the development as well as to a future bike path along Trilby Road. 6. Transportation: Vehicular access is gained from one entrance on Trilby Road at approximately the mid -point of the site and from two entrances on South Shields Street on the northern one third of the property. Two future connections are shown to along the western edge of the property should the property to the west ever develop in the future. The street layout and traffic volumes projected for the Overall Development Plan are in compliance with the City's Transportation Policies. On -site improvements to Trilby Road and Shields Street will be required as well as offsite improvements to Shields Street from Trilby Road to approximately Clarendon Hills at the developers expense. As part of any Registry Ridge O.D.P., #32-95 November 20, 1995 P&Z Meeting Page 5 201 acres of land at the southeast comer of Trilby Road and South �� Develot that pment mathad a already n. The received O.D.P. approval as part of the Ridgewood hills (Del ) P additional 201 acres of land is not included with the Registry Ridge Overall Development Plan, #32- 95. , However, the 201 acres plays a significant role in the Registry Ridge P.U.D., Phase One Preliminary #32-95A as 102.89 acres is proposed to be an off -site open space dedication. Concerns expressed at the neighborhood meeting regarding land uses that are the same as those proposed with this Registry Ridge O.D.P. were generally related to the amount of traffic this development would generate on Shields and Trilby; what the "commercial' site would consist of and if it could be moved away from the northeast corner of the Registry Ridge site; that the density was too high; and who would provide and pay for the extension of services. Minutes of this neighborhood meeting are attached. In addition, staff has attached numerous letters from affected property owners and other parties of interest. These letters generally reflect a concern that the density is too high and incompatible with the existing "rural" lifestyle of this area; that this development proposal_willeliminate any chance of retaining a separation between Loveland and Fort Collins; and that they do. not want a "strip mall" The applicant has attempted to address the neighbors concerns as follows and still meet City policies: First, the commercial office portion is no longer directly on the southwest comer of Trilby Road and Shields Street. Parcel C is 9.5 acres in size which is between a neighborhood convenience shopping center (approximately 7 acres in size) and a neighborhood service center (approximately 15 acres in size) and is appropriate for the location and proposed amount of residential dwelling units on this site as well as existing and future residential uses in this area. Second, there are both rural residential and urban residential county developments adjacent to this property, however, the property is located within the Urban Growth Area and within the City limits and therefore is required to develop at a minimum of 3 dwelling units per acre. If the maximum of 702 units are built (includes residential uses rather than the proposed school site on Parcel H) the residential density will be 3.07 dwelling units/acre. If the minimum of 597 units are built (includes school on Parcel H and open space on Parcel N) the residential density will be 3.15 dwelling units/acre. The applicant is proposing the fewest number of units as is possible to still maintain at least 3 dwelling units per acre. The applicant has attempted to minimize the impact of higher intensity uses from the surrounding properties by placing the low density single-family residential parcels on the perimeter of the site. The commercial/office, daycare, and higher intensity uses are to the interior of the development and along South Shields Street. Third, the applicant must bear the cost of extending services to and throughout the development and must provide off-street improvements to Shields Street as well as on -site street improvements to Trilby Road and Shields Street. ..q Registry Ridge O.D.P., #32-95 November 20, 1995 P&Z Meeting Page 4 Policy 14- Urban development standards shall apply to all development within the urban growth area. Policy 43f- Encourage landscaping of open spaces with appropriate native or drought resistant varieties of vegetation along with attractively developed green areas to provide a balanced and pleasing city scope. Policy 56- Within the floodway, as defined by Federal Insurance Administration studies; adopted by the City, the City shall encourage light recreational and open space uses. Policy 67- Only neighborhood scale service centers will be allowed in residential neighborhoods. Policy 75 - Residential areas should provide for a mix of housing densities. Policy 79 - Low -density residential uses should locate in areas: a. Which have easy access to existing or planned neighborhood and regional/community shopping centers (9.5 acre commercial site proposed for Parcel C); d. Within walldng distance to an existing or planned neighborhood park and within easy access to a community park (proposed neighborhood park on Parcel I will be dedicated to the City at no cost); and e. In which a collector street affords the primary access. In addition, Policy 79c encourages Low -density residential uses to locate in areas within walking distance to an existing or planned elementary school. The applicant is proposing a school site on Parcel H. However, the Thompson Valley School District has not committed to building a school on this site at this time. Staff feels that the Registry Ridge Overall Development Plan, #32-95 is in conformance with the Comprehensive Plan. 4. Neighborhood Compatibility: A neighborhood meeting was held on April 13,1995 for a development proposal referred to as the DALCO P.U.D. that proposed 936 single-family and multi -family residential units, churcb/commercial site, school site, park site, recreational center and private open space on 445 acres. The DALCO P.U.D. included the property which is now being submitted as the Registry Ridge Overall Development Plan, 432-95 and Registry Ridge P.U.D., Phase 1, Preliminary, as well as approximately V Registry Ridge O.D.P., #32-95 November 20, 1995 P&Z Meeting Page 3 Parcel LOLUM C'rU Acreage D.0 Density ✓M Single-family residential 7.0 acres 32 4.57 du/acre ✓N Single-family residential 32.1 acres 68 2.12 du/acre ASingle-family (secondary use: open space) residential 8.2 acres — 29 _________ 3.54 du/acre Single-family residential 22.4 acres 96 4.29 du/acre �p, Q Single-family residential 18.8 acres 47 2.50 du/acre Private Open Space 44.2 acres -- Maximum Total Residential 228.9 acres 702 3.07 du/acre (Parcels A,B,D,E,F,G,H,J,K,L,M,N,O,P,Q) Minimum Total Residential 189.5 acres 597 3.15 du/acre (Parcels A,B,D,E,F,G,J,K,L,M,O,P,Q) Total Acreage 244jacres The applicant proposes to dedicate an approximately 6.0 acre park site (Parcel I) to the City of Fort Collins at no cost for a neighborhood park. Please refer to the attached memorandum from Mike Powers, Director of Cultural, Library, and Recreational Services (CLRS) regarding the Parks and Recreation Boards recommendation and City's willingness to accept this dedication. The property be dedicated to the City prior to consideration by the Planning and Zoning Board of the first final P.U.D. of the Registry Ridge Overall Development Plan. The Thompson Valley School District has not committed to developing a school site on Parcel H of the Registry Ridge Overall Development Plan. Therefore, single-family residential has been listed as a secondary use. The mix of densities and proposed land uses of this O.D.P. request are supported by the following policies of the Land Use Policies Plan (LUPP): Policy 3a- The City shall promote maximum utilization of land within the city. Policy 12- Urban density residential development usually at three or more units to the acre should be encouraged in the urban growth area. Policy 13- Rural density residential development usually at one or less units to the acre should not be allowed in the urban growth area. Registry Ridge O.D.P., #32-95 November 20, 1995 P&Z Meeting Page 2 COMMENTS 1. Background: The surrounding zoning and land uses are as follows: ITT: FA-1; Trilby Road, existing county residences (Mountain Valley Acres Subdivision), Cathy Fromme Prairie Open Space. S: FA-1; existing county rural residential, approved. residential (McKee Charitable Trust Preliminary Plat\PUD Master Plan) E: FA-1; existing county rural residential. r-1-p; Shields Street, planned/undeveloped residential (Ridgewood Hills O.D.P.), Burlington Northern Railroad. W: FA-1; existing rural residential, vacant. _. _.. _. This,p;operty_;was annexed. into the City as part of the Trilby Heights Fourth Annexation on October.. 20,1981 and the Trilby Heights Fifth Annexation on November 3,1981, and was zoned R-I,-P, Low Density Planned Residential with a P.U.D. condition. Section 29-526 F (3c) of the City Code states: "The overall development plan will not be reviewed on the basis of the specific design standards and criteria contained in this section (the LDGS), but rather on the basis of conformance with the City's Comprehensive Plan." 2. Land se: The Registry Ridge Overall Development Plan proposes the following parcels and landuses: arce Land Use cross Acreaee D.IYs Densijy ✓ A Single-family residential 15.8 acres 31 1.96 du/acre B Daycare facility 3.0 acres -- ----------- -- C Commercial/office 9.5 acres -- ------ ____ D Patio homes/townhomes 14.4 acres 100 6.94 du/acre ,lE Single-family residential 8.0 acres 30 3.75 du/acre ✓F Single-family residential 16.4 acres 81 4.94 du/acre G Multi -family residential 5.0 acres 55 11.0 du/acre H School site 7.3 acres — ------------- (secondary use: single-family residential) 37 5.07 du/acre 1 Neighborhood Park 6.0 acres -- ----------�-' J Recreation Center 3.1 acres -- -------------' ✓ K Single-family residential 9.5 acres 36 3.79 du/acre ✓L Single-family residential 13.7 acres 60 4.38 du/acre ITEM NO. 12 MEETING DATE 11/20/95 STAFF Mi kP Ludwig City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Registry Ridge Overall Development Plan, #32-95. APPLICANT: Vaught -Frye Architects 1113 Stoney Hill Drive Fort Collins, CO 80525 OWNER: Dalco Land, L.L.C. 8101 E. Prentice Avenue, Suite M180 Englewood, CO 80111 PROJECT DESCRIPTION: > a request for Overall Develo mein Plan (O.D.P.)''approval-for`1`5l acres of -detached single P family residential, 14.4 acres of patio homes/townhomes, 5.0 acres of rnulti-family residential, 3.0 acre day care site, 3.1. acre recreation center site, 7.2 acre school site (secondary use detached single- family residential), 6.0 acre neighborhood park, 9.5 acre commercial site, and 44.2 acres of open space on a total of 244.4 acres. The property is located at the southwest corner of Trilby Road and South Shields Street and is zoned R-L-P, Low Density Planned Residential with a P.U.D. condition. A maximum total of 702 units dwelling units (includes residential uses rather than the proposed school on Parcel H) are proposed for an overall gross density of 3.07 dwelling units per acre. RECOMMENDATION: Approval with conditions. EXECUTIVE SUMMARY: The Registry Ridge Overall Development Plan, #32-95 is in conformance with the City's Comprehensive Plan and exceeds the minimum gross density requirement of 3 dwelling units per acre. The street layout and traffic volumes projected for the Overall Development Plan are in compliance with the City's Transportation Policies except for the proposed "round-abouts". COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 14 $550,000 divided by 510 units in the Registry Ridge P.U.D., Phase 1, Preliminary divided by 100 is 10.88. Therefore, the Planning and Zoning Board determined that 11 points should be awarded for Criterion "p". B. Does the proposal meet the neighborhood compatibility criteria in terms of the neighborhood meeting held 4/13/95 for a proposal called DALCO PUD which was a different project covering a considerably larger area than the proposed Registry Ridge PUD? Staff Response: At the neighborhood meeting on 4/13/95, a plan including the land within the Registry Ridge O.D.P. #32-95 boundary and an additional 201 acres on the east side of Shields Street was presented to the surrounding neighborhood. However, there are no LDGS criteria which state that the boundary,of the planshown„at the neighborhood meeting may not be reduced. The purpose of the neighborhood meeting is to incorporate neighborhood concerns in the design process, prior to the submittal of a formal development application. The Planning and Zoning Board can only apply land development regulations (including the neighborhood compatibility criteria) to the land that is within the .....:: .:.....::...:..:. .. ::.. O.D.P. and/or P.U.D. boundaries. The Planning and Zoning Board determined that the Registry Ridge P.U.D., Phase 1, Preliminary, #32-95A met the neighborhood compatibility criteria. Registry Ridge O.D.P. (932-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 13 4. Criterion "p": U part of the total development budget is to be spent on neighborhood facilities and services which are not otherwise required by City Code, enter a 1% bonus for every $100 dollars per dwelling unit invested? Staff Response: On the date the development application was submitted, Section 29-526 J(6) (a) of the City Code stated: "To qualify for a residential bonus, a project which includes neighborhood public facilities beyond those otherwise required by the City shall be accompanied by an agreement to be recorded with the Office of the County Clerk, guaranteeing the construction of those facilities in a timely manner, acceptable to the City. The documents shall not be accepted until approved bythe City as to legal form and ,effect ":. 4_. k _ r Section 29-526 J(6)(c) of the City Code stated: "Neighborhood public facilities qualifying for a residential density bonus shall meet the following requirements: [1] Must be for the use and enjoyment of the residents of the project ----- - and/or surrounding neighborhood. [2] Must be approved by the City." Section 29-526 J(6)(d) of the City Code stated: ,,No final plan shall be approved for any portion of a planned unit development, approved with a residential density bonus for providing neighborhood public facilities until the necessary legal documents have been approved." Since this was only a Preliminary P.U.D. request, the applicant submitted an itemized list of the costs totaling $625,000 for neighborhood facilities proposed on Parcel J of the Registry Ridge Overall Development Plan. However, the applicant only claimed $550,000 of this $625,000 total. The Recreation Center was designated as Tract J on the Phase 1, Preliminary P.U.D. for platting purposes only. No land use approval was granted for the Recreational Center site. At the time of Preliminary P.U.D. consideration there were no LDGS criteria which would require the applicant to include the Recreation Center with the Phase 1, P.U.D. Preliminary. Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 12 "Day care facility" was the only land use listed for Parcel/Tract B. Any use other than a day care center on Parcel/Tract B will require an amended O.D.P. to be submitted and approved by the Planning and Zoning Board. The Planning and Zoning Board determined that 5 points should be awarded for Criterion "f". 3. Criterion "n": If the applicant commits to preserving permanent off -site open space that meets the City's minimum requirements, calculate the percentage of this open space acreage to the total development acreage and enter this percentage as a bonus? Staff Response: __.. The applicant. proposes to dedicate to the City of Fort Collins 102.89 acres of off -site open space on the east side of South Shields Street. A memorandum dated November 14, 1995 from Tom Shoemaker, Natural Resources Director stated that he recommended to the Planning and Zoning Board that the City of Fort Collins "accept proposed offsite open space dedications for the Registry Ridge P.U.D. and grant bonus points" under the Residential Uses Point Chart of the LDGS. "This recommendation is based upon the review of the subject properties by Natural Resources and Parks Planning staff, as well as a review by the Natural Resources Advisory Board. At their November 1, 1995 meeting, the Board unanimously endorsed accepting proposed dedications and pursuing acquisition of additional parcels according to terms outlined by the landowner/applicant." The proposed off -site open space is considered which priority acquisition area and is identified as "proposed open lands" in the advisory document entitled A Plan For The Region Between Fort Collins And Loveland. The documents for the off -site open space dedication were approved by the City as to legal form and effect. On the afternoon of December 11, 1995, the North American Title Company placed the deeds for the. off -site open space land into an irrevocable escrow which delivers the deeds to the City of Fort Collins upon Final approval of the Registry Ridge, Phase 1 PUD plan. 102.89 acres of off -site open space land divided by 196.05 total acres in the Registry Ridge P.U.D., Phase 1, Preliminary is equal to 52.48%. Therefore, the Planning and Zoning Board determined that 52 bonus points should be awarded for Criterion "n". Registry Ridge O.D.P. 032-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 11 attorney and owners of the property known as Registry Ridge for the acquisition of a park site in that development." The proposal was for the "developer to dedicate a six acre park site adjacent to a proposed school site interior to the development. If this area is approved for development, it will need to be served by a neighborhood park, consistent with our existing Parks and Recreation Master Plan Policy." The type of park facility that would be designed on this property would be dependent upon whether or not a school is built on Parcel/Tract H. Attached to Mr. Powers' memorandum were minutes of the October 25, 1995 Parks and Recreation Board meeting where they considered the acquisition of this park site. Mr. Powers states, "the Board enthasiastioally supported our continued negotiations to receive this dedication." The documents for the park land dedication were approved by the City as to legal form and effect.; :On the aftemoon,of December,_l 1, 1995, the North American Title Company placed the deed for the park land into an irrevocable escrow which delivers , the deed to the City of Fort Collins upon Final approval of the Registry Ridge, Phase 1 PUD plan. The Planning and Zoning Board determined that 10 points should be awarded for Criterion "d". 2. Criterion "e": location within 19000 feet of a child care center? Staff Response: .5?7)7 Criterion ' e,' does not specify whether the child care center must be existing or planned. The applicant designated a 3.0 acre day care facility site as Parcel B of the Registry Ridge Overall Development Plan. This day care site was designated as Tract B on the Phase 1, Preliminary P.U.D. for platting purposes only. No land use approval was granted for the day care site. On the afternoon of December 11, 1995, the North American Title Company placed the deed for the day care site land into an irrevocable escrow which delivers the deed to the Peace With Christ Lutheran Church - Missouri Synod for a day care center upon Final approval of the Registry Ridge, Phase 1 PUD plan. Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 10 established procedures.. by failing to grant a variance or exception from any minimum density requirements applicable to the proposed development since the Planning Commission has previously granted such variances and exceptions when and where appropriate. The Planning Commission failed to follow its pre- established policy to allow flexibility in the Land Development Guidance System by adopting a `one density fits all" approach to the City's growth. Staff Response: Section K of the LDGS, entitled Variance Procedures, states that the Planning and Zoning Board is empowered to grant variances to the requirements of the LDGS if the Board determines that "the granting of the variance would neither be detrimental to the public good nor impair the intent and purposes of the LDGS", and if the aVplicant demonstrates one of four criteria has been met. However, the_gpnlicant did not request a variance to the three (3) dwelling unit per acre requirement. Therefore, the Board did not consider a variance to the three (3) dwelling unit .per acre requirement. In addition, the City Council upheld the validity of requiring a minimum of three (3) dwelling units per acre for land within the City Limits adjacent to low density and Huai County land uses as recently as August 29, 1995 in it's decision regarding the Woodland Park Estates PUD appeal. M ADDITIONAL ISSUES IDENTIFIED BY MAYOR PRO TEM JANETT A. Did the Planning and Zoning Board properly interpret the Code for awarding the points on the Residential Uses Point Chart of the LDGS for: 1. Criterion "d": location within 3,500 feet of a publicly owned but not developed neighborhood or community park, or community facility (except golf courses)? Staff Response: The applicant designated a 6.0 acre neighborhood park on Parcel I of the Overall Development Plan. This park site was designated as Tract I on the Phase 1, Preliminary P.U.D. for platting purposes only. No land use approval was granted for the park site. A letter dated November 14, 1995 from Michael Powers, Director of Cultural, 11brary, and Recreational Services attached to the Phase 1, Preliminary P.U.D. Staff Memo stated that the Parks and Recreation Department was "in negotiations with the Registry Ridge O.D.P Staff Response February 6, 1996 Page 8 (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal site as well as on -site and off -site street improvements as determined by the Traffic Study and City Code. The property is served by the Poudre Fire Authority and the City of Fort Collins Police Department. Neither of these agencies stated concerns with providing services to this development. The Board determined that with the conditions stated, the development proposal did meet All -Development Criteria A 3.1 "Utility Capacity" and A-3.2 "Design Standards". As stated in Registry Ridge O.D.P. (#32-95) Staff Memo, Parcel H of the development proposal is designated as a school site, however, "the Thompson Valley School District has not committed to building a school site on Parcel H of the Registry Ridge Overall Development Plan." The School District is not obligated to build a school within the Registry Ridge proposal. Therefore the secondary use listed for Parcel H was single-family residential. There are no criteria in the Land Development Guidance System which address school capacity as this is regulated by a governing body separate from the City of Fort Collins. No points were awarded on the Residential Uses Point Chart for proximity to an existing school as a school does not currently exist in this vicinity. The Planning and Zoning Board determined that the proposed development had adequate community facilities and services as defined by the land use regulations governing Planned Unit Development proposals. _ 3. The Appellant states: "The Planning Commission further abused its discretion by failing to consider the need for phasing urban development within Fort Collins and the Urban Growth Area It is inappropriate to have the City grow in every direction at once. The proposed project is an example of leapfrog development, occurring beyond the boundaries of existing vacant land and existing rural and low density uses. The City is considering the adoption of new land use planning criteria to better manage growth in the urban growth area, both within and outside of the City, and approval of any new development at this time is premature and will likely result in the inappropriate subdivision of land. The City needs to complete its planning process and its cooperative efforts with the County and,City of Loveland before determining whether more growth is appropriate along the Shields and Trilby corridors." Staff Response: The City is in the midst of developing new and revised planning processes, guidelines and regulations. The City Council has adopted more restrictive interim phasing Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 7 existing and future land uses surrounding the proposed development. The testimony at the Planning Commission's public hearing was clear .and convincing that the proposed development was not compatible with surrounding existing and future land uses and the Planning Commission abused its discretion by ignoring the weight of this testimony." Staff Response: On December 11, 1995, the Planning and Zoning Board heard testimony from the City Staff, applicant and affected property owners (including the Appellant) regarding the Registry Ridge O.D.P. request. After more than three hours of questioning and discussion, the Board approved the Registry Ridge O.D.P.(#32-95) by a vote of 4-2 with conditions as stated in the Staff Memo. _� F The Planning and -Zoning Board then heard testimony from City staff, the applicant _,.: and affected property owners (including the Appellant) regarding the Registry Ridge Phase 1 Preliminary P.U.D. request. After approximately an two hours of questioning and discussion, the Planning and Zoning Board approved the Registry Ridge Phase 1, Preliminary P.U.D. (#32-95A) by a vote of 4-2 with conditions as stated in the Staff Memo as well as a condition that 8' wide detached bike/pedestrian connections be made off -site along Shields Street from Trilby -Road north- approximately 1 mile to Clarendon Hills and along Trilby Road from Shields Street, east approximately'/2 mile to the Ridgewood Hills development. The Planning and Zoning Board determined that the proposed land use was compatible with existing and future land uses surrounding the proposed development. 2. The Appellant states: "The Planning Commission also abused its discretion by failing to give proper consideration to the inadequacy of community facilities and services for the proposed development. The inadequacy of schools to serve the area is especially critical considering the financial condition of the Thompson R24 School District. The impact of the proposed development on County Roads also is critical given the inability of the County to finance road improvements. City development must take into account the impact of development upon community welfare and the ability of other governments to serve the proposed development adequately." Staff Response: The applicant is responsible for the cost of extending utilities to and throughout the Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 6 4. The Appellant states: "In establishing the density for the proposed PUD, the Planning Commission either should not have required an average of 3 dwelling units per acre for this development, granted a variance from any 3 units per acre requirement that might exist or required the developer to better buffer the impact of the development from existing development though the preservation of open space and the reduction of density of development in close proximity to existing low density and rural uses." Staff Response: All Development Criteria A-1.12, Residential Density, is a mandatory compliance criteria for P.U.D. developments. It asks, "On a gross acreage basis, is the overall average residential density at least three (3) dwelling units per acreT' The Registry Ridge Overall Development Plan proposed a maximum of 702 units on 228.9 residential acres; a density of 3.07 dwelling units per acre. This maximum figure assumed that if a school (Thompson R24) was not built on Parcel H that 37 single- family houses would be built in its place. If a school is built on Parcel H and the City purchases Parcel N (the southern one-third of the property) for public open space, a total of 597 units on 189.5 residential acres would be built; a residential density of 3.15 dwelling units per acre. In both scenarios, the Registry Ridge development proposal would comply with All -Development Criteria A-1.12, Residential Density. Section K of the LDGS, entitled Variance Procedures, states that the Planning and Zoning Board is empowered to grant variances to the requirements of the LDGS if the Board determines that "the granting of the variance would neither be detrimental to the public good nor impair the intent and purposes of the LDGS", and if the Apolicant demonstrates one of four criteria has been met. However, thegpolicant did not request a variance to the three (3) dwelling unit per acre requirement. Therefore, the Board did not consider a variance to the three (3) dwelling unit per acre requirement. The Planning and Zoning Board determined that the Registry Ridge O.D.P. and the Phase 1, Preliminary P.U.D. development proposal was compatible with the surrounding low density and rural uses. B. Issue: "The Planning and Zoning Board failed to conduct a fair hearing in that the Board exceeded its authority or jurisdiction as contained in the Code or Charter" (Section 248(b)(2a)). 1. The Appellant states: "The Planning Commission failed to consider properly the extent to which the proposed land use failed to be compatible with Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 5 Staff Response: On June 20, 1995, the City Council adopted Resolution 95-82 approving an intergovernmental Plan For The Region Between Fort Collins and Loveland. The "Plan" was not adopted as an element of the City's Comprehensive Plan. As stated in Resolution 95-82, "the Plan is intended to serve as a policy guide for each of the participatory jurisdictions to provide a desirable vision for future land development and land conservation patterns for the region between the two cities; and the land use vision of the Plan is intended to be general in nature to provide flexibility for implementation by the City of Fort Collins, the City of Loveland, Larimer County, and private parties." The Registry Ridge property is located in the northeast corner of Subarea 7 of the Plan. Subarea 7 extends from Taft Hill Road to Shields Street and from Trilby Road on the north to 57th Street (Loveland) on the south:,. One of the Objectives;for..tlus - - subarea is to "preserve rural character." However, the preferred Scenario for land use character for the entirety of Subarea 7 states: "Cluster development on areas south of Trilby Road and north of County Road 32 that are within the Fort Collins UGA; areas south of County Road 32 kept open." The Registry Ridge property is north of County Road 32 and within the City limits of Fort Collins. As stated in the staff memo to the Planning and Zoning Board, The Preferred Land Use Scenario Map designates the northern two-thirds of the Registry Ridge property as "residential cluster development". The southern one-third of the property is designated as "proposed open lands". As indicated in the letter from Tom ,Shoemaker, Director of Natural Resources, to the Planning and Zoning Board, the City did obtain an option to buy the southern one-third of the Registry Ridge property for open space. In addition, the City has the opportunity to obtain property on the east side of Shields Street to the Ridge line east of the railroad tracks from Trilby Road on the north to County Road 32 (extended) through a series of off -site open space dedications and purchase options. This land on the east side of Shields Street is designated as "proposed open lands" on the Preferred Land Use Scenario Map, but also is designated for manufactured housing,, multi -family residential, convenience center/office and medium density residential uses on the Ridgewood Hills (Del Webb) Overall Development Plan. The Planning and Zoning Board determined that the Registry Ridge proposal was in compliance with the advisory document entitled A Plan For The Region Between Fort Collins and Loveland. Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 4 for Planned Unit Developments are prescribed in the Land Development Guidance System The Planning and Zoning Board determined that the proposed development met all applicable requirements of the LDGS, including All -Development Criteria, A- 1.12 "Residential Density". 2. The Appellant states: "It appears that the Density Criteria in the Land Development Guidance System have been modified since the Planning Commission's approval and that the proposed development had no vested rights against such change as occurred." Staff Response: On December 19, 1995, the City Council adopted Ordinance Number 161 on second reading. The effective date of that ordinance was December 29, 1995. This ordinance,accomplished three items which pertained to the Residential Uses Point Chart of the LDGS. First, it extended the interim phasing criteria until December 31, 1996. Second, it established a mandatory requirement that a minimum of 30 points must be achieved form the base criteria for all residential applications. Third, it clarified the qualifications and process for awarding off -site open space points. Further amendments to the Residential Uses Point Chart will be considered on Second Reading by the City Council on February 6, 1996. However, the Registry Ridge O.D.P. and Phase 1, Preliminary P.U.D. development applications were submitted on June 19, 1995 and are subject to the regulations that were in effect at the time of their submittal. The O.D.P. and Phase 1, Preliminary P.U.D. are not subject to the Residential Uses Point Chart as amended on December 19, 1995. Future Preliminary P.U.D. plans submitted for the remaining phases of the Registry Ridge development will be subject to the regulations that are in effect at the time of their submittal. The Planning and Zoning Board determined that the Registry Ridge O.D.P. and the Phase 1, Preliminary P.U.D. requests complied with the regulations that were in effect as of June 19, 1995. 3. The Appellant states: "The proposed development also is inconsistent with the Plan for the Region Between Fort Collins & Loveland, approved by the County on April 20,1995. The Plan identified the subject property as Subarea 7, included land within the City limits of Fort Collins and established objectives and implementation criteria for those objectives. The Planning Commission did not properly apply this Plan when considering the proposed Registry Ridge P.U.D." - 1..P,. Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 3 development and the similar need to reduce densities of development proximate to existing low density and rural uses." Staff Response: The Intergovernmental Agreement For The Fort Collins Urban Growth Area, dated September 7, 1988, did not apply to the Registry Ridge development proposal. The Agreement states that: "under the authority granted by Title 29, Article 20, Colorado Revised Statutes, a number of meetings were held between the Board of Commissioners of Larimer County and the Council of the City of Fort Collins with the intent of reaching agreement as to development goals and policies within the greater metropolitan area, and pursuant to said meetings the City and :.County agreed to ahe,following policies.=to be —applied_ to .aQ. he.,, . unincoroorated .portion of Larimer County defined herein as the Urban Growth Area." The Registry Ridge site was incorporated into, the City of Fort Collins in 1981. The entire Intergovernmental Agreement For The Fort Collins Urban Growth Area, including Section 1.3 "Density/Intensity/Locational" policies for Residential Development, do not apply to the Registry Ridge Development. Therefore, the Planning and Zoning Board did not apply the regulations of the Intergovernmental Agreement For The Fort Collins Urban Growth Area during its consideration of the Registry Ridge development proposal. The Land Use Policies Plan was adopted by resolution on August 14, 1979. Section 2, of the adopting resolution states that "the City shall adopt specific standards, criteria, processes, ordinances, projects and programs to implement the Land Use Policies Plan..." Pages 10 and I 1 of the Plan states that "Chapter III presents a listing of additional policy packages, programs, and projects, along with a schedule for completion of the items required by the policies presented in this document. The completion of these additional "parts" will represent a complete Land Use Policies Plan for Fort Collins. However, the policies contained in this document provide decision -makers with initial guidelines to evaluate land use issues in a manner which will assure a continued high quality of life in Fort Collins." There are no policies which specifically address project density, buffering, or reducing densities of "City" development near existing low density and rural (county) uses in the Land Use Policies Plan. The specific standards, criteria, and processes established Registry Ridge O.D.P. (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal Staff Response February 6, 1996 Page 2 The Appellant bases the appeal on Sections 2-48(b)(1), 2-48(b)(2a), and 2-48(b)(2b) of the City Code. Section 2-48(b) (1): "The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter." Section 2-48(b)(2a): "The Planning and Zoning Board failed to conduct a fair hearing in that the Board exceeded its authority or jurisdiction as contained in the Code or Charter." Section 2-48(b)(2b): "The Planning and Zoning Board failed to conduct a fair hearing in that the Board substantially ignored its previously established rules of procedure." In addition, Section 2-56(a) of the City Code states: "The City Council shall consider an appeal based upon the record on appeal, the relevant provisions of the Code and Charter, the grounds for appeal cited in the notice of appeal and any additional issues identified by a member of the City Council prior to the hearing. Any such additional issues must be identified in writine and filed with the City Clerk no later than ten calendar days prior to the date of the hearing." In a memo to the City Clerk dated February 2, 1996, Mayor Pro Tem Janett identified additional issues for review in the appeal of the December 11, 1995 Planning and Zoning Board decision to approve the Registry Ridge P.U.D., Phase 1, Preliminary #32-95A The additional issues identified by Mayor Pro Tem Janett and Staff responses are provided in Section II of this memorandum. L ALLEGATIONS OF THE AMENDED NOTICE OF APPEAL A. Issue: "The Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter" (Section 2-49(b)(1)). 1. The Appellant states: "The Planning Commission misinterpreted the legal effect of the City's Land Use Policy Plan and the Intergovernmental Agreement between the City and Larimer County with regard to 'the density of the proposed project, the need to buffer existing development from new Date: To: Thru: From: Comm:::t.t Plann Current Pl :nr.irz2 February 6, 1996 and Environmental - .�rvices MEMORANDUM Mayor and City Council Members John Fischbach, City Manager ; Greg Byrne, Director of C.P.E. ;.,;` Bob Blanchard, Director of Current Planning�jG Michael Ludwig, City Planner Re: Registry Ridge Overall Development Plan (#32-95) and Phase 1, Preliminary Planned Unit Development (#32-95A) Appeal to City Council.., The purpose of this memorandum is to respond to the Amended Notice of Appeal of the December 11, 1995 decisions of the Planning and Zoning Board granting approval of the Registry Ridge O.D.P. (#32-95) and Phase 1, Preliminary P.U.D. (#32-95A) as filed by the Appellant, LeAnn Thieman, on January 26, 1996. The Registry Ridge O.D.P. was approved by a 4-2 vote with conditions as stated in the Staff Memo. - The Registry Ridge, Phase 1, Preliminary P.U.D. was approved by a 4-2 vote with conditions as stated in the Staff Memo as well as a condition that 8' wide detached bike/pedestrian connections be made along Shields Street from Trilby Road, north to Clarendon Hills and along Trilby Road from Shields Street, east to the Ridgewood Hills P.U.D. Section 2-48(a) of the City Code states: "A party -in -interest may appeal to the City Council the final decision of any board or commission to which this appeal procedure applies in the manner provided in this Division. No action shall be taken in reliance upon any decision of a board or commission that is subject to appeal under the provisions of this Division until all appeal rights related to such decision have been exhausted." Section 2-48(b) of the City Code states: "Except of appeals by members of the City Council, the permissible grounds for appeal shall be limited to allegations that the board or commission committed one (1) or more of the following errors." 281 North College Avenue • P.O. Box 580 Fort Collins, W 8US72-UJ6U • (V/U) - 1-0nU FAX (970) 221-6378 TDD (970) 224-6002 City Council DAM February 1. 1996 To, hand Krajicek. City Clerk FROM, Gina C. Janett REe Registry Ridge Appeal ,r' r +-- , � i am writing to identify additional issues for review in the Appeal of the 12/11/99 decision on Registry Ridge Y.U.D. Phase I. Preliminary. I would like the Council's consideration on whether the Planning nts Zoning Board properly interpreted the code by awarding the on the Residential Uses Point Chart fort Base Points d. location within 3.500' of a publicly owned but not developed neighborhood or community park. y� location within 1.000' of a child care center (identified as 9 criteria "g" in Attachment B of the agenda materials). Bonus Points .. n. preservation of off -site open space. ,6. total development budget spent on neighborhood facilities (identified as criteria"p" in Attachment B of the agenda materials). Also. I request review of whether the proposal meets the neighborhood compatibility criteria in terms of the neighborhood meeting held on 4/13/95 for a proposal called DALCO PUD which was a different project covering a considerably larger area than the proposed Registry Ridge PUD. Call me if you have questions. 300 LA'orle Avenue • P.O. Box 58U • Fort Collins. CO 80522-0580 • (303) 221-6505 applicable to the proposed development since the Planning Commission has .previously granted such variances and exceptions when and where appropriate. The Planning Commission failed to follow its pre -established policy to allow flexibility in the Land Development Guidance System by adopting a "one density fits all" approach to the City's growth. The Appellant respectfully requests that the City Council either reverse the Planning Commission's approval of the Registry Ridge PUD and deny approval of the proposed PUD, or refer the matter back to Planning Commission for reconsideration' of the density of the overall project and, specifically, the density of development along Trilby Road. Thank you for your consideration. 3 LeAnn Thieman existing development through the preservation of open space and the reduction of density of development in close proximity to existing low density and rural uses. 2. In addition, the Planning Commission either exceeded its authority or abused its discretion in granting the Registry Ridge approvals. Section 2-48(2)a. City Code. The Planning Commission failed to consider properly the extent to which the proposed land use failed to be compatible with existing and future land uses surrounding the proposed. development. The testimony at the Planning Commission's public hearing was clear and convincing that the proposed development was not compatible with surrounding existing and future land uses and the Planning Commission abused its discretion by ignoring the weight of this testimony. The Planning Commission also abused its discretion by failing to give proper consideration to the inadequacy of community facilities and services for the proposed development. The inadequacy of schools to serve the area is especially critical considering the financial condition of the Thompson R2-J School District. The impact of the proposed development on County roads also is critical given the inability of the County to finance road improvements. City development must take into account the impact of development upon community welfare and the ability of other governments to serve the -proposed development adequately. The Planning Commission further abused its discretion by failing to consider the need for phasing urban growth within Fort Collins and the Urban Growth Area. It is inappropriate to have the City grow in every direction at once. The proposed project is an example of leapfrog development, occurring beyond the boundaries of existing vacant land and existing rural and low density uses. The City is considering the adoption of new land use planning criteria to better manage growth in the urban growth area, both within and outside of the City, and approval of any new development at this time is premature and will likely result in the inappropriate subdivision of land. The City needs to complete its planning process and its cooperative efforts with the County and City of Loveland before determining whether more growth is appropriate along the Shields and Trilby Road corridors. Perhaps the greatest failure by the City in its planning is the failure to adopt a clear and specific Three Mile Annexation Plan as required by state law. Colo. Rev. Stat. section 31-12- 105(e) . That plan would identify specific land uses, public parks, utility extensions and open spaces in the three mile area surrounding the City. The plan is required to be updated at least once annually. Without a plan that complies with state law, the Planning Commission\acted in a planning vacuum since the City's plans for the urban growth area are not in substantial compliance with the state requirements for an annexation plan. 3. The Planning Commission further violated pre -established procedures, section 2-48(2)b. City Code, by failing to grant a variance or exception from any minimum density requirements 2 AMENDED NOTICE OF APPEAL To: Fort Collins City Council���C? From: LeAnn Thieman, Appellant ); J�� Re: Registry Ridge PUD LJ y'1 VLLIIK Date: January 26, 1996 Tnt oduction and Nature of Appeal This appeal is taken from a final decision of the Fort Collins Planning Commission, which purportedly approved the Overall Development Plan for the Registry Ridge PUD, and Registry Ridge, Phase 1, Preliminary for proposed PUD. The decision was made on December 13, 1995. The appeal is taken pursuant to Sections 2-48 and 2-49 of the Fort Collins City Code. The appellant is LeAnn Thieman, 6600 Thompson Drive; Fort.Collins, Colorado, telephone number 223-1574. The appellant is"an owner of 'property 'adjacen '_..., to the proposed Registry Ridge PUD. Bases for Appeal 1. The first basis for appeal is that the Planning Commission did not properly interpret and apply relevant provisions of the City Code, including intergovernmental agreements between the City and Larimer County. Section 2-48(1) City Code. The appellant believes that the Planning Commission misinterpreted the legal effect of the City's Land Use Policy Plan and the Intergovernmental Agreement between the City and Larimer County with regard to the density of the proposed project, the need to buffer existing development from new development and the similar need to reduce densities of development proximate to existing low density and rural uses. In addition, it appears that the Density Criteria in the Land Development Guidance System have been modified since the Planning Commission's approval and that the proposed development had no vested rights against such change as occurred. The proposed development also is inconsistent with Plan for the Region Between Fort Collins & Loveland, approved by the County on April 20, 1995. The Plan identified the subject property as Subarea 71 included land within the City limits of Fort Collins and established objectives and implementation .criteria for those objectives. The Planning Commission did not properly apply this Plan when considering the proposed Registry Ridge PUD. In establishing the density for the proposed PUD, the Planning Commission either should not have required an average of 3 dwelling units per acre for this development, granted a variance from any 3 units per acre requirement that might exist or required the developer to better buffer the impact of the development from City Cie. 9 City of Fort Collins December 28, 1995 LeAnn Thieman 6600 Thompson Dr. Fort Collins, CO 80526 Dear Ms. Thieman: This letter is in reference to your Notice of Appeal dated December 21. 1995,. appealing the Planning and Zoning Board decision on the Registry Ridge Development. The City Attorney has reviewed the appeal documeni: and his findings are set out in the attached memorandum dated December 28. 1995. You will want to pay particular attention to the recommendations suggested in his memorandum. Section 2-51 of the City Code provides that an amended Notice of Appeal may be filed by the appellant(s) at any time prior to the time for mailing by the City Clerk of the notice of the appeal to parties -in -interest. The City Council hearing on the appeal has been scheduled for Tuesday. February 13. 1996. at 6:30 p.m.. and the Notice of Hearing must therefore be mailed no later than January 30, 1996. An amended Notice of Appeal must be submitted NO LATER THAN NOON ON MONDAY, JANUARY 29, 1996, to allow sufficient time for legal review and inclusion in the Notice of Hearing to be mailed on January 30, 1996. Sincerely, Wanda Krajicek City Clerk 11!II Caf'urt< Avenue P.O. ISu� ;till • Furl Cullinc, CO 811522-Q�81) • (97/0) 221-W; I FAX I11'lll 221-6 / F; Wanda Krajicek, City Clerk December 28, 1995 Page 2 Again, I recommend that the appellant clarify how, if at all, the Board's alleged failure to consider these provisions constitutes a failure to property interpret and apply any relevant provisions of the City Code or Charter. Finally, the appellant indicates that there is some question on whether this was a fair hearing. Once again, the Notice of Appeal should specify how, under the grounds stated in Section 2- 48(b)(2) of the Code, the appellant was denied a fair hearing. I trust that you will notify the appellant of the issues raised in this memo and of the date by which an amended Notice of Appeal must be filed. Please let me know if you have any questions or concerns with regard to this matter. SJR:med City Attorney ulty of Tort %-uinns DATE: December 28, 1995 TO: Wanda Krajicek, City Clerk FROM: Steve Roy, City Attorney, RE: Appeal of Planning and Zoning Decision on Registry Ridge Development 12/11/95 Pursuant to the provisions of Section 2-50 of the City Code, I have reviewed the above -referenced appeal for any obvious defects in form or substance. In my opinion, the following matters should be clarified with regard to this notice of appeal in order for it to more clearly conform to the requirements of Section 2-49 of the Code: • Action of the Board or Conunission Which is the Subject of the Appeal. It is Illy understanding that the Planning and Zoning Board approved both the Overall Development Plan for this development and the Phase I Preliminary P.U.D. for the development. Presumably, the appellant wishes to appeal both decisions, but that should be clarified. • Multiple Appellants. The appellant indicates that she is appealing "on behalf of twenty-five neighbors and property owners." Section 2-49(3) of the City Code requires that the Notice of Appeal be signed by all appellants and that the name, address, telephone number and relationship of each appellant to the subject of the action of the board or commission be specified. At present, this appeal is signed only by one appellant, whose name, address, telephone number and status as a party -in -interest is, in fact, specified. If other appellants wish to join in the appeal, they should also sign the appeal and provide the requisite information about themselves. 0 Grounds for Appeal. It appears from my review of the Notice of Appeal that three kinds of errors are alleged. First, there is an allegation in paragraph 1 that the Planning and Zoning Board "didn't ask the developer to submit a lower density plan." If the appellant believes that this failure on the part of the Board falls within one of the grounds for appeal specified in Section 2-48(b), she should so state. Next, in paragraphs 2 through 8, there are references to certain provisions of the intergovernmental agreement between the City and the County and certain provisions of the City's Land Use Policies Plan which allegedly were not considered by the Planning and Zoning Board. (970) 221-6520 ,00 LaPorte Avenue • P.O. Box 580 9 Fort Collins, CO 80522-0580 FAX (970) 221-6327 ?) As the P&Z, pointed out, Policy 22 states preferential. consideration SHALL be given to urban growth development proposals which are contiguous to existing development. This site clearly is not. 8) The Intergovernmental Agreement For The Urban Growth Area, Section 1.3, A.2 states: New residential development in the Urban Growth Area shall mitigate potential negative impacts on adjacent existing residential developments by maintaining the character and density of the existing development along common hr)uadar.ies. The Planning and Zoning Board did not consider these policies when ruling on this proposal. There is some question on whether this was a fair hearing. The motion was made and discussion followed. The vast. majority of board comments were against, this proposal. The Chair asked if there was further discussion and thr•re..was-a..long sil.ence.. He. repeated the question. No _ response. Instead of bringing it to a. vote, he suggested tj),.-.y think about, it awhile! Clearly, the ol.itcome of the ,t. i, (t4pendent on the timing of roll call by the Chair. 11h.i_s is a unique parcel_ of land as it is surrounded 1-)y c:i.ty-d.esigna.ted open space-- the proposed corridor to thesouth, i at.hy Fromme Prairie to the north, and recently ulslr;has�'ri_ ;,pin space against. the foottills to tl-le west. Wor the above reasons; we respectfully - request an on -this decision. LeA[in Thieman 6600 Thompson Dr., Fort Collins, CO. 970-223-1574 Land owner near proposed development Spokesperson at Planning and Zoning hearing 12/11/95 CRK I'o: Eort i";ollins City Council From: LeAnn Thieman Re: Appeal of Planning and Zoning decision on Registry Ridge Development 12/11/95 Or, behalf of twenty-five neighbors and property owners. I am filing an appeal on the above decision for tPtere .reasons: �.t WJIen I addressed the board I stated the Developer I't:id 5sed .-3 willingness to consider a. lower density l :r til.i5 project.. During their presentation, the r.!pre=:erttratives repeated their willirtgne�.s to I%uild a., a. .lower density if a variance was issued. The V.nard -0 ..wed a der�ire. to have a lower density in that area but, ,they didn't ask the developer to submit a lower ;) pr) icy 10 of the Land Use Policies Plan states the urban growt•tI area boundary shall be. reviewed and rm:>d'ifi,-<I no l.ss t•1'tan every 5 years. City Planners admit iv tt;l._, runt been reviewed since 1988. 31 Pol:.r_.y 1.1 state;•, lands of agricultural importance bllgitl d be excluded from _the urban growth area. 4) As the F&Z board pointed out, Policy 16 states the city will work with the county in establishing a phasing n1.to for the urban growth area. Since the required phasing pi an k-tas not been provided, review of the area is compromised and should. be postponed until the plan is Established. Policies 23 and 28 reiterates the phasing plan, not, implemented. 5) The city council has repeatedly stated their concern about "leap frog" development. Policy 29 states the city should. refuse services to an area to discourage development in an undesirable area to emphasize growth in other directions. This is reiterated in Policy 25. In fact, City of Fort Collins water and sanitary sewer services are not available in this area. Water service is through the Fort Collins/Loveland Water District. Sewer service. would. be provided through the South Fort Collins Sanitation District requiring more than one mile of off site sewer line construction. 6) Policies 39, 40, 41 and 42 clearly state the city stiol.tld direct efforts to develop areas in the northeast direction as "publicly desired direction" for growth. �`op;mac fc: C11-6r1-1 e� /' lo. virt, Yt2 T NOTICE The City Council of the City of Fort Collins, Colorado, on Tuesday, February 13, 1996, at 6:30 p.m. or as soon thereafter as the matter may come on for hearing in -the Council Chambers in the City Hall at 300 LaPorte Avenue, will hold a public hearing on the attached appeal from the decision of the Planning and Zoning Board made on December 11, 1995 regarding Registry Ridge Development filed by LeAnn Thieman, 6600 Thompson Drive. You may have received previous notice on this item in connection with hearings held by the Planning and Zoning Board. If you wish to comment on this matter, you are strongly urged to attend the hearing on this appeal. If you have any questions or require further information please feel free to contact the City Clerk's Office (221-6515) or the Planning Department (221-6750). Section 2-56 of the Code of the City of Fort Collins provides that a member of City Council may identify in writing any additional issues related to the appeal by February 2, 1996. Agenda materials provided to the City Council, including additional issues identified by City Council members, will 'be available to the public on Thursday, February 8,-after 10:00 a.m. in the City Clerk's Office. The City of fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call the City Clerk's Office (221-6515) for assistance. Wanda M. Krajicek City Clerk Date Notice Mailed: January 30, 1996 cc: City Attorney Planning Department Planning and Zoning Board Chair Appellant/Applicant AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITLgvl NUMBER: 3 DATE: February 13, 1996 STAFF: Mike Ludwig SUBJECT: Consideration of the Appeal of the December 11, 1995 Decisions of the Planning and Zoning Board Approving the Registry Ridge Overall Development Plan (#32-95) and Registry Ridge Planned Unit Development, Phase 1, Preliminary (#32-95a). RECOMMENDATION: Council should consider the appeal based upon the record and the relevant provisions of the Code and Charter, and after consideration, either: (1) remand the matter to the Planning and Zoning Board or (2) uphold, overturn, or modify the Board's decision. EXECUTIVE SUMMARY: On December 11, 1995, the Planning and Zoning Board voted 4-2 to approve the Registry Ridge O.D.P. (#32-95) with conditions as stated in the staff memo. The Planning and Zoning Board then voted 4-2 to approve the Registry Ridge P.U.D., Phase 1, Preliminary (#32-95A) with conditions as stated in the staff memo as well as a condition that 8' wide detached bike/pedestrian connections be made along Shields Street from Trilby Road, north to Clarendon Hills and along Trilby Road from Shields Street, east to the Ridgewood Hills P.U.D. On December 21, 1995, a Notice of Appeal was received by the City Clerk's Office regarding the decisions of the Planning and Zoning Board. An Amended Notice of Appeal was received on January 26, 1996, by the City Clerk regarding the same decisions. The appellant cites Section 2-48(b)(1), 2-48(b)(2a), and 2-48(b)(2b) of the City Code as the basis for the appeal. The appellant alleges that the Board failed to properly interpret and apply relevant provisions of the Code and Charter. The appellant further alleges that the Board failed to conduct a fair hearing in that the Board exceeded its authority or jurisdiction as contained in the Code or Charter; and that the Board substantially ignored its previously established rules of procedure. In a memo to the City Clerk dated February 2, 1996, Mayor Pro Tem Janett identified additional issues for review in the appeal of the December 11, 1995 Planning and Zoning Board decision to approve the Registry Ridge P.U.D., Phase 1 Preliminary (#32-95A). The attached documents include the Notice of Appeal and the Amended Notice of Appeal; Mayor Pro Tem Janett's memo of additional issues; the Planning Department response to the Amended Notice of Appeal and Mayor Pro Tem Janett's memo of additional issues, and the information packet that was received by the P & Z Board for its December 11, 1995 meeting. In addition, a verbatim transcript and videotape recording of the P & Z Board meeting are included. The procedures for considering and deciding the Appeal are described in Chapter 2, Article II, Division 3 of the City Code,. 145 1 something that we can grant. Okay? I wanted you to 2 understand..that.the variance -- you,'re saying, I would like 3 one unit, two units, per acre, or -five acres per unit, is 4 not something that we could do - it needs to go through a 5 different route., 6 As far as knowledge of the area, I was -- I 7 moved out to Skyview,.south, and lived on Constellation, 8 moved there in 176, and lived there for a number of years. 9 Very familiar with the area and love it very much. My� 10 mother still lives out there. I. 1.1 The view and the open space, as far as the view 12 across that land and -- yes, I would say that due to the 13 grade where the road is, that a lot of you will be changed. 14 It will be changed. But I think that when the people .who 15 studied the land between Fort Collins and Loveland, that 16 they made some calls, and they made some judgment calls, and 17 I think that they've--,well,,I guess I shouldn't -- I'm 18 going to leave that one to you. 19 And as far as this making a major change in the 20. land -- land use between Fort Collins and Loveland, as.far 21 as waiting until the UGA has been rewritten, I believe Lucia 22. ..Liley wassaying that that would only apply to property that 23 has not yet been.annexed? Or has.not yet -- 24 ..MR. ECKMAN: The Urban Growth Area agreement 25 presently describes the.UGA as the unincorporated portion of Registry Ridge O.D.P Staff Response February 6, 1996 Page 9 (#32-95) and Phase 1, Prelim. P.U.D. (#32-95A) Appeal criteria with more permanent strategies to be implemented with the City Plan effort. However, the Planning and Zoning Board was required to evaluate the proposed development, subject to the regulations that were in place at the time the development application was submitted. The Planning and Zoning Board determined that the proposed development did meet the regulations which govern development in the City of Fort Collins. Specifically, the Board found that the proposed development met All -Development Criteria A-3.1 "Utility Capacity" and A-3.2 "Design Standards", and the Residential Uses Point Chart of the LDGS. 4. The Appellant states: "Perhaps the greatest failure by the City in its planning is the failure to adopt a clear and specific Three Mile Annexation Plan as required by'state law. Colo. Rev. Stat. Section '31-12-105(e). That plan would identify specific land. uses, public parks, utility extensions -and open spaces in the three mile area surrounding the City. The plan is required to be updated at least once annually. Without a plan that complies with state law, the Planning Commission acted in a planning vacuum since the City's plans for the urban growth area are not in substantial compliance with the state requirements for an annexation plan." Staff Response: The City of Fort Collins does have an Annexation Plan. It is embodied in the Fort Collins-Larimer County Intergovernmental Agreement For The Fort Collins Urban Growth Area (Exhibit A). However, the "Three Mile Annexation Plan" regulation which the Appellant has cited applies only to annexation actions (or the challenging of an annexation). The Planning and Zoning Board decisions on December 11, 1995 pertained to the Registry Ridge Overall Development Plan (#32-95) and the Registry Ridge, Phase 1, Preliminary Planned Unit Development (#32-95A). The subject property was annexed into the City of Fort Collins under the Trilby Heights Fourth Annexation on October 20, 1981 and the Trilby Heights Fifth Annexation on November 3, 1981. Colorado Revised Statute 31-12-105(e) was adopted May 28, 1987, nearly six years after this property was annexed. The Statute of Limitation for challenging an annexation is 45 days. According to the City Attorney's office, the annexation of the subject property is valid. C. Issue: "The Planning and Zoning Board failed to conduct a fair hearing in that the Board substantially ignored its previously established rules of procedure" (Section 2-48(b)(2b)). The appellant states: "The Planning Commission further violated pre- Registry Ridge P.U.D., Phase 1 Preliminary, #32-95A November 20, 1995 P&Z Meeting Page 5 Please refer to the attached itemized list of amenities and associated costs. The Planning Department verified these costs with the Parks and Recreation Department. $550,000 divided by 510 units in the Registry Ridge P.U.D., Phase 1, Preliminary divided by 100 is equal to 10.88. %1. )L For connecting to the nearest existing City sidewalk and bicycle path/lane - 5 points. As part of required on -site improvements to South Shields Street and Trilby Road and required off -site improvements to South Shields Street from Trilby Road to Clarendon Hills, City sidewalk and bicycle path lanes will be extended to this site. Bike /pedestrian connections from the development to the extended sidewalk and bicycle path lanes will be created through the ends of the cul-de-sacs of the proposed single-family residential development along Trilby Road. This request includes a preliminary subdivision plat entitled Registry Ridge P.U.D. which plats the entire 244.4 acres of the Registry Ridge Overall Development Plan. Tract B (future daycare), Tract C (future commercial/office), Tract D(future multi -family), Tract H (future school site), Tract I (future neighborhood park), and Tract J (future pool, tennis, etc.) are being platted only and are not part of this Preliminary P.U.D. land use request. These future uses must go through the City's preliminary and final P.U.D. review processes, with all final decisions given by the Planning and Zoning Board, before any development can occur on them. 3. Neighborhood Compatibility: A neighborhood meeting was held on April 13,1995 for a development proposal referred to as the DALCO P.U.D. that proposed 936 single-family and multi -family residential units, church/commercial site, school site, park site, recreational center and private open space on 445 acres. The DALCO P.U.D. included the property which is now being submitted as the Registry Ridge Overall Development Plan, #32-95 and Registry Ridge P.U.D., Phase 1, Preliminary, as well as approximately 201 acres of land at the southeast comer of Trilby Road and South Shields Street that had already received O.D.P. approval as part of the Ridgewood Hills (Del Webb) Overall Development Plan. The additional 201 acres of land is not included with the Registry Ridge Overall Development Plan, #32-95. However, the 201 acres plays a significant role in the Registry Ridge P.U.D., Phase One Preliminary #32-95A as 102.89 acres is proposed to be an off -site open space dedication. Concerns expressed at the neighborhood meeting regarding land uses that are the same as those proposed with this Registry Ridge P.U.D., Phase 1, Preliminary were generally related to the amount of traffic this development would generate on Shields and Trilby; that the density was too high; and who would provide and pay for the extension of services. Minutes of this neighborhood meeting are attached. Parks and Recreation Board Minutes October 25, 1995 Page 3 at the end of 1996, there needs to be a long-range plan for the youth center. She also added budget to the list. Southwest Community Park/Youth and Sports Complex was added by Mary Ness. Diane Thies added Partnering with Poudre Valley Hospital District for Grants for Wellness. After these additions the Board unanimously (8-0) accepted the work plan and meeting schedule for 1996. OTHER BUSINESS Diane asked that we work with the Hospital District Board to join with a grant for fitness. Jean said that she will meet with Diane on this. Eric Reno wanted to commend Dave Mosnik and Suzy Danford for their hard work at the Youth Center. He feels it will grow more and more every day and feels its a great asset to the community. He said it is a win/win situation for FRCC students and Youth Center. Peggy Bowers gave an update on the Youth Center. They are going to work with the Community Officers about. the..YAC. The staff now _has,_phones. ,; CSU Social Services students are securing donations to have a computer lab at the center. _ Peggy added that Treatsylvania at the Farm will cost $2.00 per trick -or -treater; hours 6-8 p.m. for four nights. There are 41 storefronts complete with candy. Jessica said that a private individual approached her to build a skate rink (cement floor). ' He is looking for sites close to EPIC or Timberline and close to the high school. She asked if it is something that the City would want to partner with him.. Marilyn suggested the natural area at Shields and Taft (east side of Shields). Jean said that she has been contacted by this aentleman and referred him to the Park Planning staff. Steve Budner gave an update on the Senior Center. Participation numbers are increasing on a weekly basis especially in the fitness areas. The multi -purpose rooms are being booked continuously and we have increased the part-time staff to 6 staff who are each working 30 hours a week. Sunday evenings are drop in volleyball; Girls Varsity played there this week; two volleyball camps are scheduled. The center is being very well received by the community; today there were 48 different activities; over 400 kids attended a splash program one evening last week; and we -presently have 1800 senior members. Eric asked if there are complaints from the seniors that it is being programmed for other groups. Steve said that he addresses this continually. Jessica asked about the theft issue at EPIC. Jean said that it continues to be a problem. On a motion by Marilyn Barnes, seconded by Rich Feller, the Board adjourned at 7:50 p.m. September 9, 1995 Mr. Mike Ludwig City of Fort Collins Planning Department 281 North College Avenue Fort Collins, CO 80524 Dear Mr. Ludwig: Listed below are -some concerns we have about a housing development that is being proposed by DALCO Land, LTD., south of our property on Trilby Road. We are located between Shields and Taft Hill Road at 1520 West Trilby Road. Larimer County, Lot 15, Mountain Valley Acres, Situated in the southeast 1/4 section 10, T.61N., R69 W. of the sixth P.M. Larimer County. We have had to spend our money on two different occasions to correct items on our property because of increased water flow for storm drainage and road improvement. So we are really concerned how this development will affect our property. We do not feel that we should loose value to our property to benefit a developer. 1. We feel that lower density housing might be a step in the right direction. We ask the City to reconsider the present density requirements and make a variance in this situation. This is basically a rural area. For the environment's sake and the neighborhood, why not put these houses on 1/2 to 1 acre lots. 2. Storm water discharge. An existing problem is causing some loss to our property. Larimer County is using our place for discharge of storm water drainage from the south.. The county changed the drainage contours with the building of Trilby Road, or County Road #34, in the late 1960's. The natural contour for drainage was about 300 yards to the south. A 36 inch drainage culvert was placed under Trilby road at 1520 W. Trilby at about that time. In 1977 during heavy rainfall or snow melting, the water would run through the culvert that was added across our property and the overflow would run across the dirt road to the west. RECEIVED tiOV 0 2 i$95 Dear. 'Nlr. Ludwig, There is a matter of concern brought to our attention that I am informed that a letter to you might help. We sure hope it will. I'll try to explain as well as possible. Iv family and I are residents of Ft. Collins now for four years. We came to Ft. Collins seeking to raise our children in a small western town of dignity and ethical value. Xly husband and I are business owners in Ft. Collins. We were very fortunate to start our lives over in a wonderful town that is prosperous. . We though have very special needs as home -owners. We need to live in the country as we also have a kennel to raise a special breed of hunting dogs. I need to work in town and the children go to school. So we needed to live close enough to not have it so inconvenient to do so. We were very fortunate to have found our lot after a long. hard search. This propern, is south of Trilby, off of S. Shields St. All of our neighbors have similar plots of land. We all have similar needs. Now we are being threatened by a developer to put strips of condos, three houses per acre, and a shopping strip next to our rural homes! This obviously hasn't been thought through very thoroughly. ks having two people oriented businesses, ( Home Builder & Hairdresser) we are very aware of what people are looking for in this town and what is appropriate in different areas. This obviously has a lot of residents in this town highly upset. It is horrible planning to let this kind of development go through. It's not good to subject sub -division dwellers right next to country settings with noisy dog kennels and hors;; stables. We need more responsible thinking processing the developments around us. �s I speak to more and more people in this town, the more I hear the high demand for more properties like ours is in great demand. We need more lots available with small acreage's to keep this area most consistent with the existing urban dwelling it is. This town is being invaded by swarms of small lots in sub -divisions already. We need more variety to offer. I hope you will consider how the proposed plan will affect our neighborhood and the ones to come. Thank you for taking the time to listen. We all will greatly appreciate any help you can be. dark and Nvanna Fischer ISSUES PERTAINING TO REGISTRY RIDGE Land Use Should this area be open space and/or remain undeveloped? Why have mixed use (commercial/retail/office site)? Density Is it too high? Is it compatible with surrounding densities? Proposed Street Improv-ments to Shields and Trilby What? When? Traffic light? . . Traffic G Existing volumes versus proposed volumes? Fire and Police Service Who provides? On -site wetlands Where are they? Point Chart Off -site open space dedication? Park land dedication? Should points be awarded for "planned" day care? Stormwater Detention/Retention Off -site easements 17 1 140 feet in this area,.75.feet along.Shields, and then it 2 opens up considerably up in the northwest corner. 3 We've illustrated the existing residents along 4 Trilby to begin to give you an idea of what those existing 5 setbacks are and looked at placement of residences the way 6 the cul-de-sacs were designed in these areas that provide a 7 variety of streetscape; and in particular, those 8 indentations begin to relate to where those existing 9 residents are and the larger setbacks, as you approach the 10 intersection, for other purposes of visual improvements. 11 Cross -sections illustrate, again, some height. 12 and scale as it relates to setbacks. This is at the larger 13 area, closest to Shields, where we are looking at distances- 14 that are between 150 to 175 feet and the tighter areas, 15 again relating to existing residences, that will include 16 berming and landscaping along those northern portions of the 17 Trilby frontage. 18 Number three is to redefine arterial roadway 19 standards to better fit the plan's goals. I think --.I 20 won't dwell on this one. I think it needs some work in 21 terms of defining what those standards are. I think there 22 is a need to have a transition of what a street looks like 23 as it approaches the more rural areas, and I don!•t think 24 it's appropriate to be curb -gutter -sidewalk with street 25 trees as we see along our major arterials.in the city.' So 11 34 1 was, I said, why would you ever approved such a densely 2 populated area in the middle of nowhere? And he said it was 3 because the new growth area was there and they thought that 4 Fort Collins was going to be building lots of houses there: 5 And yet the other night at the neighborhood meeting, I 6 learned that the only reason that Fort Collins was planning 7 to build something quite so dense was because McKee was 8 going to do that. 9 And I wonder if that's not more of a reaction 10 plan, and instead of reacting that way, don't we need a 11 really carefully thought-out strategic plan about how the 12 periphery of our -city should look forever? And I keep 13 thinking about a plan and new rules, and I learn that 14 somebody else thinks so, too, because the Urban Growth Area, 15 Urban Growth Agreement, is currently being rewritten. Ken 16 Waido says that plan is expected to be finished by May. So 17 it makes sense to us to see how the new proposal and the 18 strategic plan says this area is supposed to look forever. 19 I think we have the potential here for a very 20- much a win -win situation. When we had our first new 21 neighborhood meeting with Mr. McQuarie -- or not our first, 22 but the biggest one, in April of 195, he said, and everybody 23 here heard him, and even Mr. Ludwig .did when he said, 24 build this any way you want it. If you want acreages, I'll 25 build you acreages.". We have a win -win situation in that we Registry Ridge P.U.D., Phase 1 Preliminary, #32-95A November 20, 1995 P&Z Meeting Page 2 COMMENTS ..f 1. . Background: The surrounding zoning and land uses are as follows: N: FA-1; Trilby Road, existing county residences (Mountain Valley Acres Subdivision), Cathy Fromme Prairie Open Space. S: FA-1; existing county rural residential, approved residential (McKee Charitable Trust Preliminary P1at\PUD Master Plan) E: FA-1; existing county rural residential. r-1-p; Shields Street, planned/undeveloped residential (Ridgewood Hills O.D.P.), Burlington Northern Railroad. W: FA-1; existing rural residential, vacant. This property was annexed into the City as part of the Trilby Heights Fourth Annexation on October . 20, 1981 and the Trilby Heights Fifth Annexation on November 3,1981, and was zoned R-L-P, Low Density Planned Residential with a P.U.D. condition. The Planning and Zoning Board is also considering the Registry Ridge O.D.P., #32-95 at the November 20, 1995 Planning and Zoning Board meeting. 2. Land e: This is a request for Preliminary P.U.D. for 516 single-family residential lots on 196.05 acres known as Parcels A, E, F, K, L, M, N, O, P, and Q of the Registry Ridge Overall Development Plan, #32- 95, a residential density of 2.60 dwelling units per acre. Individual phases of an Overall Development Plan can be less than 3 dwelling units per acre provided the overall development is at a minimum of 3 dwelling units per acre. The property is located at the southwest comer of Trilby Road and South Shields Street. The request is in conformance with the proposed Registry Ridge Overall Development Plan, #32-95. It meets the applicable All Development Criteria of the L.D.G.S. including A-1.1 "Solar Orientation" by having 69% of its lots meeting solar orientation requirements. The request was evaluated against the Residential Uses Point Chart of the Land Development Guidance System and earns 97% of the maximum applicable points, exceeding the minimum required 60% for a residential density of 2.60 dwelling units per acre. Points were awarded for the following criterion: 170 1 MR. COLTON: Who pays for that? 2 SPEAKER: The developer. The difficulty will be 3 at the railroad crossing. I'm not sure what would be 4 designed there. Again, it's difficult to answer some of 5 these things when we don't have the designs completed. And 6 those will be better -- we'll have a better idea of what 7 those are at final hearing. 8 CHAIRMAN CARNES: Okay. Thank you. What's 9 being referred to -here is Neighborhood Compatibility 10 Criteria A2.6, pedestrian circulation. Purpose. Criterion 11 is designed to ensure that each new development in Fort 12 Collins will provide appropriate pedestrian and bicycle 13 links to the neighborhoods and the community, as well as 14 throughout the development being proposed. Sidewalk and/or 15 bikeway extensions off -site may be required based on impacts 16 created by the proposed development. So on and so forth. 17 That's been there for a long time, and that's really what, I 18 guess, I'm basing this on. 19 MR.-BLANCHARD: Just one additional piece of 20 information, and the Board certainly has the option of 21 changing that, but if you look at A 2.4, it states that 22 bicycle facilities are typically built on the road also, not 23 as off the road. 24 CHAIRMAN CARNES: I understand. Yeah. So back 25 to the maker of the motion. Are you accepting the friendly 39 1 situation which leads to lots of problems, lots of 2 misunderstandings, and a diluting of responsibility, even to 3 the extent of acknowledging current problems as well as 4 addressing problems that will be occurring as a result if 5 this development is approved. '6 _ For example, I believe I saw this evening where 7 there would be connections with existing sidewalks. From 8 our home, I've tried real hard. I don't know. I'm sure 9 it's ovr.•r a mile. It, may be a distance of two miles or more 10 from our home to any existing city sidewalks. 11 we will be affected indirectly by any drainage 12 system that feeds into the natural drainage approximately 13 two blocks north of our home. During any wet season, 14 mosquitoes are a problem, and any increases in the amount of 15 storm water flowing through the natural drainage will " 16 exacerbate the problem. 17 The .proposed Registry Ridge development is 18 isolated. And the proposed development is very 19 inconsistent, as Leanne has shared with you', with the 20 surrounding 'areas which include acreages, open space, narrow 21 roads, -separation of Fort Collins and Loveland, a transition 22 zone between the two cities, and the proposed corridor. 23 I guess one my really basicconcerns, having 24 lived'here for 'approximately 30 -- 32 years, is that with 25 this type of sprawling development and with the large 57 1 it is a judgment call. And our judgment to the part of the 2 people who worked with task force and various boards and 3 commissions was that it was within the city limits of Fort 4 Collins, had been for quite some time, and we didn't see a 5 compelling reason to suggest that change in that particular 6 location. 7 With respect to the off -site dedication, what we ,8 have done is reviewed the proposal by the applicants and 9 basically negotiated the off -site dedication proposed. As 10 the Board is quite familiar, the current LDGS does allow 11 awarding of bonus points for off -site dedications. However, 12 at present, the criterion for that are a little fuzzy, so we 13 felt thought it very important to look very carefully.at 14 what was being proposed. 15 Fundamentally, though, we had two adopted plans 16 suggesting or saying that this area should be left open in 17 whole or in part. The applicant suggested the Area 1, 18 approximately 71 acres, be dedicated. My response back to 19. " them was., 71 acres of this ridge, by itself, doesn't do us 20 much good. And so we 'said that,'at minimum, we needed the 21 ability to have Area 3 as well at a fair and reasonable 22 price, and they agreed to that. We 'also suggested that they 23 include Area:2 in the dedication, and they agreed to that. 24 We have an option agreement on Area 4 and Area 5 25 as well. The reason we area little ambivalent about Area 4 86 1 MS. BELL: I would also like to have a little 2 more clarification. I feel a little confused about what the 3 commercial aspect of .the -- the commercial aspect is the 4 day-care center and some office. buildings?. I mean -- 5 MR. LUDWIG:. Also the retail. 6 - MS. BELL: The commercial aspect of this ODP. 7 Would you just sum it up for me? 8 MR. LUDWIG: Sure. On the Overall Development 9 Plan, it's showing commercial office, and they're including 10 some retail in with that. I'd like to refer at least, to the 11 applicant and let them explain -- 12 . MS. BELL: That's fine. 'I just wanted some 13 clarification on that. 14 MR. VAUGHT: At this point, it's just a 15 designation of commercial nonresidential type uses. It's a 16 small enough parcel that it does not fit the design size for 17 a neighborhood center, so it's something less than a 18 neighborhood center that will have commercial uses which 19 could include officeand neighborhood service retail. The 20 day-care is not part of that. 21 1 1MS. BELL: Oh, okay. So was that nine acres? I 22 forget. 23 MR...VAUGHT: Nine and a.half acres. 24 MS. BELL: So with that nine and a half acres, 25 potentially we could be, looking at the. service station. idea, 9 125 1 necessarily that great a deal. I,mean, I think some of the 2' communities that are most charming, and they.really -- they 3 bring the cattle commons right up to the town fence. I 4 mean, what you're basically talking about in terms of soft 5 edge is you're talking about the kind of development that 6 sits in this area. And many places in the country, that 7 type of development has been derided for several decades as 8 being urban sprawl. 9 So, you know, I'm -not -- fnnkly, not .sold:on the 10 soft edge. I know some people like it. Lots of people live 11 in those areas. But I'm not convinced it!s what we want. for 12 the city. Excuse me. And I'm not convinced that it fits 13 with the concept of an Urban Growth Area boundary. 14 MR. DAVIDSON: One of the points that I think,, 15 about this is, if this development is approved, it also sets 16 up sort of a snowball effect of other properties to be. 17 developed, based upon contiguity. And being this is so far 18 outside what I consider city property, even though it's 19 within city limits, I'm.real concerned about that also. It 20 sets.the stage fora lot more development out there that 21 doesn't seem to meet a lot of our land use policies that do 22 exist. So I have real concerns from that point. 23 The open space is very tempting. I'm definitely 24 an open space proponent. I'd like to see as much as 25 possible. So. itIs.a difficult one to, weigh. But I do have 142 1 time out on my property. It may be.one in ten. I'm 2. choosing a number arbitrarily; but maybe one in ten is 3 looking to the east. Most everybody is looking to the 4 whitecaps. They want to see the mountains. They want to 5 see the foothills. They want to see the open expanse of 6 space. 7 In the overview here, yeah, granted, there's 8 quite a bit of open space within the development. But as 9 someone is driving across Shields, they're looking on a 10 diagonal. That open space is going to be lost. All you're 11 going to see there is houses. 12 And although it looks good from looking down on 13 it, when you're actually driving that route, what you're 14 going to be seeing is -- I come from back East originally. 15 I moved out here 18 years ago because it was so nice. I 16 bought this property because it was so nice. 17 what I'm seeing now is what I would consider, and 18 this is no reflection on the developers whatsoever, because 19 I haven't taken a stance, at all. I personally stand to 20 gain, whichever way it goes. One way, I have.my view. The 21 other way, I will probably be one of the people standing 22 before you.to develop my 20 acres, if it goes that way. 23 So in either case, I'm not taking a position 24 strongly. I just -- visually, it's going to impact quite a 25 bit, and I just think this needs to be told to you by me, or 160 1 to look at this and see, if. they're getting ten points for 2 publicly owned but not developed neighborhood or community 3 park and five points for the child care center, then, you 4 know, according to what Bob was saying earlier, chances are 5 that that's what they're getting their points for, they're 6 going to happen. 7 MR. STROM: Just one brief comment. If I'm not 8 mistaken, if I understood the various descriptions about 9 points, even if we just corrected the points that people 10 disagree with, we're still over the 60-point -- 11 MR. LUDWIG: That is correct. 12 MR. STROM: -- limit. 13 MS. MICKELSEN: Well, I'm ready to make a 14 recommendation for approval of the Registry Ridge PUD, Phase 15 1 preliminary, with the recommendations in the staff report 16 as it was brought to us tonight. 17 MR. STROM: Second. 18 CHAIRMAN CARNES: Further discussion? 19 While the Board members are considering whether 20 they have.any further questions or comments, or in the event 21 they have none, the chairman has a problem with following 22 the rules and ending up with people stranded and having to 23 ride along the margin of road of cars traveling at high 24 speed. I've seen statistics. If you're hit -- a 25 pedestrian. If you're hit by a car going 20 miles an hour, 169 1. I'm correct, if the Board wants an off -site sidewalk or 2 something like that, that is something that you can ask 3 for. But there will be certain difficulties in doing that. 4 Right-of-way restrictions. There's only a certain complaint 5 of right-of-way. And with the banks on both sides, it may 6 be -difficult, if not impossible, to build those walks 7 off -site without acquiring right-of-way. 8 . CHAIRMAN CARNES: Okay. 9 SPEAKER: And the -developer isn't in a position 10to'condemn for that. 11 CHAIRMAN CARNES: Okay. Thank you. Does that 12 answer your question? 13 MR. COLTON: Yeah. Well -- I don.'t know about 14 the question. I just wanted a clarification of what happens 15 on Trilby. As far as the road itself, is that going to be 16 improved,.then up -- now that we have this existing 17 residential area -- or proposed -- the one that's currently 18 being built on top of the ridge or this one, what would 19 happen to the road between those two, since this is now all 20 open space? Would that be improved? Because it doesn't 21 look like there'd be anyone -- any development going in 22 there to.pay that improvement. 23 SPEAKER: As I understand, that's being treated 24 as an off -site also. There would be a 36-foot wide paved 25 area connecting that. 67 1 SPEAKER: That would be triggered by this 2 development and the improvements associated with this? 3 SPEAKER:I'll pass that one on to Sherry, too. 4 SPEAKER: Okay. Thanks. 5 SPEAKER: I believe there was a question 6 regarding improvements to Shields around Horsetooth? 7 Currently, there's a project that will come before you next 8 month'or next week, actually. Poudre Valley Plaza, which 9 would, with thvt project, do_ improvements to that 10 intersection and further south along Shields there. So 11 those improvements will be done if that project is approved, 12 and at the time that when it's built. 13 If it does not go forward, then those 14 improvements would probably come at a time that that 15 intersection is developed or at -the time that the City would 16 get the funds to do that, which would probably'be per a 17 vote,,such as the Choices 2000 vote or something like that. 18 But currently, that project looks likes it should go 19 forward, as long as it gets approved. 20 Regarding improvements based on this project, 21 this project would be required to do some sort of 22 improvements along Shields Street to the Clarendon Hills 23projects, and we have not really completely determined what, 24 exactly, these improvements would be, because we're still at 25 a preliminary stage. They probably would be widening of the 52 1 of development rights program and to implement that so that 2 those areas designated in the corridor plan as, again, open 3 space can have their development rights taken off and put in 4 areas of the plan designated for urban -level development. 5 And if you think about it, that's exactly what's 6 being recommended here, with the open space dedication to 7 the City of the other property, which is designated on the 8 corridor plan as open space, desired open space. So they 9 want to preserve as part of the corridor open space, 10 putting it on Registry Ridge, which is designated in the 11 corridor plan as being appropriate for urban -density, higher 12 residential development. 13 The only other point I wanted to make is an 14 issue or a statement was made about Fossil Creek, which was 15 a project adjacent to the Cathy Fromme Prairie, and that the 16 fact that that had imposed on it by the City Council a lower 17 density than three dwelling units per acre. And it's true 18 that it did.But that was placed on that development by the 19 Council as a condition of annexation and zoning, based upon 20 evidence the Council had in the record that there would be 21 potentially an impact on wildlife habitat, particularly 22 eagles and ferruginous hawks. When Woodland Park came up, 23 to the contrary, when there wasn't that kind of an issue, 24 but simply a compatible issue, the Council didn't make that 25 kind of variance, request or want that kind of variance, on