HomeMy WebLinkAboutFOSSIL CREEK ESTATES PUD PRELIMINARY - 50 92D - REPORTS - CITIZEN COMMUNICATIONDear Planning and Zoning Board Member:
We have prepared this packet to give you more time to consider several important issues
pertaining to this project.
The 45-acre project site is located on the west side of Shields Street approximately one
mile south of Harmony Road. The eastern -most 15 acres of the site were annexed in
October, 1992, with RLP zoning and a condition allowing development at 1.5 units per
acre. The remaining 30 acres were annexed in November, 1993. The requested zoning
is RLP with a PUD condition. The entire site is within the Urban Growth Area.
Accessed from Shields Street on the east, the property tends to be linear, defined on the
south by the Trilby Lateral Ditch, and the north by the Cathy Fromme Natural Area.
The site is rolling pasture which drains to the north into Fossil Creek.
The final design will be phased, with the first phase being approximately 17 acres. Both
the Preliminary Submittal and the individual phases will maintain a minimum of 3 units
per acre.
ACCESS AND CIRCULATION - Shields Street will be developed to full arterial
standards, with a 20-foot landscape buffer provided, similar to that on the east side of
Shields.
ISSUES
WETLANDS - will the wetland be affected by the adjacent development?
First we should put this issue into proper perspective. We are not attempting something
new by locating a residential neighborhood adjacent to an existing wetland. There are
literally thousands of successful examples of this situation. On page 4 is such an example.
At the time of the photograph this particular development was 10 years old. The
wetland is in very healthy condition without any special treatment by the developer.
In the case of Fossil Creek Estates several significant precautions are being taken to insure
that minimal disturbance occurs.
The developer will mandate organic yard care in the covenants of the
Homeowners' Association, and disallow the use of non -organic fertilizers,
pesticides, and herbicides.
12-16-1993 12:52PN FROG" Tim Sell Design TO 2216378 P.e2
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ENVIRON ENTAL AND BIOLOGICAL CONSULTING
PLANT RESPONSES TO INCREASES IN HYDROLOGIC INFLOWS
1.0 Introduction
Hydrologic_ conditions are extremely important for the maintenance
of a wetland's structure and function, although simple cause and
effect relationships are difficult to establish. The hydroperiod,
or hydrologic signature of a wetland, is the result of the balance
between inflows and outflows of water, the soil contours in the
wetland, and the subsurface conditions. The.hydroperiod can have
dramatic seasonal and year-to-year variations, yet it remains the
major determinant of wetland function. Hydrology affects the
species composition and richness,. primary productivity, organic
accumulation and nutrient cycling in wetlands. Water depth, flow
patterns, and duration and frequency of flooding, which are the
result of all hydrologic inputs and outputs, are major factors in
the selection of wetland vegetation.
2.0 Wetland Hydroperiod
The hydroperiod is the seasonal pattern of the water level of a
wetland It defines the rise and fall of a wetland's surface and
subsurface water. For wetlands that are not permanently flooded ,
the amount of time that the wetland is in standing water is called
the flood duration, and the average number of times that a wetland
is'flooded in a. given period is known as the flood frequency. Both
terms are used to describe periodically flooded wetlands. There
are various definitions of wetland hydroperiods, depending on the
extent of flooding (Cowardin, et al., 1979).
The hydroperiod is not the same each year but varies statistically.
Water levels in most wetlands are generally not stable but
fluctuate seasonally. Wetlands hydroperiods that show the greatest
differences between high and low water levels such as those
associated with drainages are often caused by flooding "pulses"
that occur seasonally or periodically. Pulses into the Fossil
creek Estate wetlandswill be varied during the growing season due
to watering of lawns.
3.0 Specific Effects of Hydrology on Wetlands
The effects of hydrology on wetland structure and function can be
described- with a complicated series of cause and effect
relationships. The effects are primarily .on the chemical and
physical aspects of wetlands, which, in turn, affect wetland
vegetation. The vegetation, in turn, has a feedback effect
on hydrology.
Hydrology leads to a unique vegetation composition but can limit or
enhance species richness.
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12-16-1993 12:53PM FR0I� 'im Sell Design TO 2216376 P.03
4.0 Species Composition and Diversity.
Hydrology acts as a limit or a stimulus .to species richness (number
of species), depending on the hydroperiod and physical energies.
At a minimum, the hydrology acts to select ,water -tolerant
vegetation.
In general, many wetlands that sustain long flooding durations have
lower species richness in vegetation than do less frequently
flooded areas. Waterlogged soils and the subsequent changes in
oxygen content andother chemical conditions significantly limit
the number and the types of rooted plants that can survive in an
anerobic (oxygen depleted) environment. Flooding effects on plant
species may be attributed to several factors including:
* Different species have different physiological responses to
flooding;
* Plant establishment depends on the tolerance of plant seeds to
flooding; and
* Plant. succession depends on the geomorphic evolution of the
floodplain such as by sediment deposition or stroam downcutting..
5.0 wetlands and Hydrology .at Fossil Creek Estates
Water from the Fossil Creek Development (lawn. watering, storm
drainage) will be diverted. into a wetland that is dominated by
Olney's bulrush (an Obligate wetland species, i.e a species that is
found 99 percent of the time in wetlands)- other species within
the wetland include sedges, rushes, and pasture plants such as
clovers, dandelions, and grasses. Water that will be diverted into
the wetlands will be surface waters that will be diffused into the
wetlands, thus channel1zation will not occur. The increase of
water will be of such a magnitude that some of the less tolerant
pasture species be eliminated, with the wetland species, now
present, becoming more abundant. Due to the small increase of
waters that will be discharged into the 'wetland it is not likely
that the present wetland species will be replaced, however other
wetland species may become established, although. in. a subdominant
role. Robust wetland species, such as cattail and. reed canary
grass would not become. established and dominate the wetland unless
disturbance (removal of vegetation) would occur, resulting in a
microhabitat for .the above species to become established; or if d
pond was created, resulting in water depths that.cattail or reed -
canary grass would have an advantage over the smaller emergent
species like Olney's bulrush (disturbance., plus standing water of
greater dpeths then would occur with diffuse surface overflow). In
many cases, species such as Olney's bulrush, may, like other
wetland species, become more robuot with an increase of water
inputs. In any case, the, structure of the wetland, will not
change, but species richness may vary from year to year.
TOTAL P.03
The RIDGE
Homeowners Association
The Ridge Board of Directors
1416 Hepplewhite Court
Fort Collins, CO 80526
City of Fort Collins
PO Box 580
Fort Collins, CO 80522
City of Fort Collins Representatives
The Ridge Board of Directors, representing the Ridge Homeowners, has become aware of a surprising degree of
recent planning and development activity along the South boundary of the Cathy Fromme Natural Area.. Through
this letter we wish to express our strong concerns and offer some suggestions to minimize the impact on natural
areas, now and in the future.
Overall, we ask that the City be aggressive in protecting the perimeter of large natural areas. The following items
constitute our suggestions:
> Consider instituting a transitional zoning where lower housing density is designated on lots adjacent to
natural areas that can be balanced by higher density elsewhere in the development.
> Establish building envelopes as far away as possible from the natural area boundary.
> An open space buffer built-in to developments adjacent to natural areas.
> Prohibit traditional tall -tower street lights in developments adjacent to natural areas.
> Require boundary separations (such as fences) and carefully planned access to minimize residential impact
(pets, children, bicycles, motorized vehicles, etc.).
> Assure that adequate drainage measures are considered such that natural areas are protected from ground
water and runoff pollution.
Our concerns include the construction phase of any development as well as the on -going impact of the high dwelling
density proposed. We wish to avert the potential of any natural area becoming sterile open space.
Given the potential consequences to the wildlife habitat for existing and future natural areas we recommend a
moratorium on developments directly adjacent to natural areas until City Staff completes the Natural Areas Policy
guidelines, scheduled for completion in the Spring of 1994.
Sincerely,
Larry Gray - Ridge HOA President,
Bob Kulovany - Ridge Board Member
Tlie RIDGE
Homeowners Association
City of Fort Collins
Natural Resources Division
Karen Manci
P O Box 580
Fort Collins, CO 80522-0580
1416 Hepplewhite Court
Fort Collins, CO
80526
Dear Ms Manci, ,
This letter is a response to a request for input regarding policy on the City of Fort Collins Cathy Fromme Natural Area. The
following statements are from the Ridge Homeowner's Association Board of Directors (BOD). We expect you will receive similar
feedback from individual residents of the Ridge and adjacent neighborhoods.
Access
General
In general, the Natural Area should be preserved and public access limited to parking lots, observation areas and trails. The
policy of limited access should apply year-round, prohibiting at -large cross country skiing, certainly snowmobiling, and
possibly limiting sledding to well defined and safety certified areas. Recreational uses should be limited to a designated well
marked corridor along the bike trail right of way.
Parldng Lots
The location currently planned for "East side" parking is quite good Our understanding is that parking will be just East of
Shields St. on a City owned parcel. Parking on the "West side" might best be near the South bPundary of Seven Springs,
closest to the Landfill and on the West side of Taft Hill Road. There is a goodjocation for a viaduct under Taft Hill Road in
that general area which would put the parking lot adjacent to the bile trail (see below).
Observation area location(s)
We believe that wildlife observation areas, might be placed in the following locations:
1. Near Shields toward the Northeast comer where the Bums tributary approaches Shields. A trail from the viaduct might
run to two places: one down to near the stream bed where a boardwalk and pier -lice structure would contact the observers,
mctimiartg disturbance while allowing more close viewing than would an asphalt trail, the second might be a walking
(unpaved) trail to the top of the hill that overlooks the wetland just described.
2. West of Taft Hill Rd. and North of the parking suggested above. Again, a boardwalk and pier -type structure would be
placed adjacent to the ponds.
3. The Northeast comer of Harmony Road and Taft Hill, currently owned by GT Land, would be an attractive overlook
observation area over the Seven Springs.
To mitigate impacts on wildlife, observation areas could alternatively be overlooks in close proximity to the viLduct(s).
Bicycle trails
We feel that one of the keys to maintaining this property as a natural area is careful consideration given to the placement of the
bike trail.
Our current understanding is that a bike trail is planned to run more or less East to West across the property, connecting to the
foothills trail to the West and to the yet to be developed Fossil Creek Trail to the East of Shields St.
Our considered and researched belief is that the bike trail should follow the Fossil Creek corridor. We offer the following
statements as justification:
31' A Fossil Creek trail site will result in less environmental disturbance and impact.
There is an existing vehicle trail that runs East-West essentially along Fossil Creek. Placement of the trail along this
track will cause less disruption to the environment than would a new trail along what is essentially virgin ground. In
addition, a trail along the road track will save the dollars and effort to restore it.
Fossil Creek carries less water than the Burns Tnbutary, has rawer oxbows and thus less -- - - therefore does not support the variety and areas of wetlands and
population of plant life and wildlife. These are environmental facts provided
by the Colorado Division of Wildlife and documented in a letter to the City (attachment 1).
It has been well documented that Brims Tnbutary serves as feeding and roosting ground for eagles and hawks. a movement corridor for a variety of wildlife and is a
The trail along Fossil Creels will offer users a more pastoral and tranquil agnerience than would a trail along the North
boundary.
Until Private Property to
buildings in any direction a South is developed, trail users WAfor the most part, not be ableto see residences or other
The Ridge is a known entity of fixed density with all lots adjacent to the Natural Area built upon
The Property to the South of the Natural Area is a complete unknown
development. Given more recent residential dev though
likely to become a residential
much higher density than the Ridge. In dheR' it is very likely that the property will be developed to a
�!�y. creating even more open space. Nofufiu�er�� has a large amount open apace adjacent to its South
development will occur in the South half of the Ridge.
The potential purchase of the property in the Southeast comer of Harmony?aft Hill Road would also make it more
desirable to place the trail to the South as opposed to cutting through the middle of a then expanded Natural Area
e e heartily
support bike trails in and around the City and look forward to the day when residents of South-West Fort Collins -
-free bicycle access to College Avenue and the Harmony con dw
Norse trails
If the bike trail is placed near the South boundary of the Natural Area, and if deemed desirable by a majority of the public, we
have no strenuous objections to horse trails.
Restoration
We applaud any efforts that brings the land back to its natural state.
Usage guidelines
Our thoughts on usage guidelines have been sprinkled throughout this letter. Minimal impact to the environment balanced
with public enjoyment, including handicapped access, is the key message.
We encourage signage placed at the entrances to clearly communicate that
space.the land is a Natural Area unh7ce a park of open
A public educational opportunity would be the creation of brochures, stocked at the site, that provide information on the
history of the land, its natural state, its heritage and the reasons why restrictions are in place and enforced
We appreciate this oPport=ty to offer our ideas and we tout that our input will be of assistance with the Natural Arena policy.
planning.
We look forward to the imminent dedication ceremony by the City Council as well as the town mailing where direct citizen input
can be addressed to your pre
liminary plans."
The Ridge Homeowners Association
Board of Directors
Natural Arras Committee
Icy Gray phone 225-9759
Ken Hoombeek 223-1677
cc: Randy Balok Chris Kneeland, Tom Shoemaker Bob Kdovany 225-0234
Jim & Sandy Robbins
5801 So. Shields St.
Fort Collins, CO 80526
October 7, 1993
Fort Collins Planning and Zoning Board
c% Kirsten Whetstone, City Planner
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522 - 0580
Dear Planning and Zoning Board:
Our family has owned the Robbins Farm for over 34 years and has worked
hard to establish a habitat for hawks, eagles, falcons, foxes, Canadian
geese, ducks, and other wildlife. We were participants in the
wetland studies in which the City of Fort Collins was involved a few years
ago.
Our parents sold part of the farm to Dr. Wuerker a year ago and thought at
the time the land would be developed into his home site, a veterinary
hospital, and acreages in keeping with the developed areas in this
neighborhood. Prior to her death, we talked to Cathy Fromme about
preserving habitat and having housing that was compatible with the
surrounding community; as you know, she was very concerned about this
issue. We were pleased when the City of Fort Collins acquired the Franz
and 7 Springs properties for a natural area and named it in Cathy's honor.
This area is a delicate one with tremendous history; we feel there must be
a sensible way to develop land and preserve its heritage for future
generations. Our family is going to preserve our farm and continue to run
cattle and horses on the remaining 44 acres. We need to make sure that we
have a neighborhood that is in keeping with the Fromme Natural Area,
Scenic Knolls, The Ridge, Chelsea Ridge, the bottom of Clarendon Hills,
Ader Estates, Mountain Valley, Applewood Estates, and all the private
acreages that are owned in this area.. We feel the density proposed for the
Fossil Creek Estates development which will sit between the Fromme
Natural Area and the rural acreages to the south would be detrimental to
the very environment which the natural area is to preserve and would be
incompatible with the surrounding neighborhood of small acreages in
which the abundant wildlife population, including bald and golden eagles,
is thriving..
Many people in the Fort Collins area, both in the private and public sectors,
have expressed concern over urban sprawl and the eventual growing
together of front range communities without thoughtful growth policies
which insure unique community identities. The idea of leaving rural
corridors as divisions between communities has long been discussed;
it would seem sensible to have areas of transition with densities of at most
one unit per acre. Looking at the makeup of those neighborhoods south of
Harmony Road and west of the Burlington tracks, this area would seem a
prime one to deem a transition area before it is too late to preserve some
of the last remaining natural rural areas between Fort Collins and
Loveland. It is going to take a joint effort on the part of the Fort Collins
Planning and Zoning Board, Fort Collins City Council, and the Larimer
County Commissioners to insure well -planned development on the
perimeters of our community.
Thank you for your consideration.
Sincerely,
Sandy and Jim Robbins
Z -�3��
• cc: Council
Greg Byrne
Tom Peterson
--response
October 5, 1993
pendiny,
The Rdge Homeowners Association
Fort Collins, CO 80526
City of Fort Collins
Planning Department
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522-0580
Dear Planning staff and City Council members,
OCT 18 . !
We have reviewed the preliminary plan for Fossil Creek Estates PUD and offer
the following comments and concerns:
Our major concern is with the proposed density. The proposed Fossil Creek
Estates PUD is adjacent to the Cathy Fromme Natural Area. In our opinion, three
dwelling units per acre is not compatible with the natural area. We feel that the city
should study and address the impact to wildlife from this development and future
developments adjacent to natural areas.
Another concern is street lighting. Please address and study the impact of street
lighting on the nocturnal activities that occur in the natural area.
We would like to point out that the natural area should not be treated "just as"
open space. This key property was purchased by the city to preserve natural habitat and
wildlife.
- It is our suggestion that a design be considered that provides for larger lots and
open space adjacent to the natural area.
Construction activity should also be monitored so that no damage occurs to the
habitat or wildlife.
Street lights, if installed, should be as low a luminance as possible.
Protect the investment the city has made in the Cathy Fromme Natural Area and
the wildlife and habit that it represents.
If you have any questions regarding these comments, please feel free to contact
board members Bob Kulovany at 225-0234 or Ken Hoombeek at 223-1677.
Thank you for considering our concerns.'
Sincerely,
Board of Directors
The Ridge Homeowners Association
Mr. Carter B. Ewing, page 2
We would like to meet again with you to discuss a simple written
agreement for you to line the ditch and to fence the north side
of the ditch right of way and easement, and to discuss the type
of ditch lining and fencing. Thank you for your consideration of
our concerns to maintain the viability of our water supply in
ways which are compatible with your development.
Sincerely, /
Robert C. Musselman
Scenic Knolls Water
717 Scenic Drive
Association
Fort Collins, CO 80526
cc: Kirsten Whetstone, City Planner
William Fischer, Attorney -at -Law
James W. Robbins
Trilby Lateral Ditch Co.
5801 South Shields
Fort Collins, CO 80526
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2. A minimum of a 10 foot buffer around the wetlands will be vegetated with
indigenous grasses.(refer to pages 6 8i 7)
3. A gravel filled trench will be constructed within the 10 foot buffer strip. It will
surround the wetland in order to intercept surface runoff before it gets to the
wetland. (refer to pages 6 8t 7)
4. A water siphon from the existing irrigation ditch will be installed so that
supplemental water is available for maintaining the wetland.
5. Interpretive signage will be installed on the rail fences adjacent to the wetland and
the natural area to educate homeowners to the sensitivity of the area. The
developer will also mandate organic yard care chemicals in the covenants of the
Homeowners' Association.
WILDLIFE - What effect will increased human activity have on the area wildlife?
The Natural Resources Department has indicated to us that the open space tract adjacent
to this development was purchased with sufficient buffer. That is not to say that there
will not be any impact, but that the existing system will still function much as it does
today.
DENSITY - Some near -by neighborhoods want a lower density than 3 dwelling units per
acre.
The developer is willing to submit a lower density. In fact we have laid out an
alternate plan which has only 10 lots along the open space boundary instead of
16.
TERRAIN - The site required special consideration for street layout because of the rolling
terrain, however this site is very comparable to other development along the Fossil Creek
Corridor. i.e. Clarendon Hills, Southridge, and Paragon Point.
GROUNDWATER - An existing unlined ditch along the south ridge line has created an
artificially high water table in several locations.
The irrigation company has agreed to allow the ditch to be lined.(refer to page 6)
2. Each foundation will have a perimeter drain.
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Mr. Carter B. Ewing
Fossil Creek Partners
363 West Drake Road,
Ft. Collins, CO 80526
Dear Mr. Ewing:
Suite 6
December 10, 1993
Ft. Collins, CO 80526
Thank you for the opportunity on November 11, 1993, to discuss
your proposed Fossil Creek Estates development. .The Scenic
Knolls Water Association and the Trilby Lateral Ditch Company are
concerned about the impact of your development on the integrity
of our water supply. Maps of the development we have seen
indicate that the south boundary of your property is the Trilby
Lateral Ditch Company irrigation ditch on the west, continuing
with the Scenic Knolls Water Association irrigation ditch to the
east. These earthen ditches supply irrigation water to the
Trilby Lateral Ditch Company and Scenic Knolls Water Association
members. Ditch easements allow us assess to the ditch right of
way on your property for ditch maintenance and operation.
These irrigation ditches are at the highest elevation on your
property. You are aware that all earthen irrigation ditches
naturally seep, and seepage from our ditch may contribute to the
wetlands on your property. The ditch has water flowing
continually from early May through early October. Yourdrainage
plan will need to accommodate ditch seepage. You should also be
aware that we frequently access the ditch right of way for
maintenance and operation, and this will continue: This includes
periodic burning and pesticide application for weed and animal
control.
You indicated at the November 11 meeting that with our permission
and approval, you intend to line the ditch and fence the north
side of the ditch right of way and easement. We suggest that you
and the Trilby Lateral Ditch Company and the Scenic Knolls Water
Association work toward a simple written agreement which
addresses these issues. To refresh your memory, we recommend
that you provide a fence to adequately restrict access from the
north; and we recommend that you line the ditch with concrete.
Fencing would discourage access of development residents to the
waterway, and lining the ditch with concrete would minimize the
need for maintenance practices such as burning and pesticide
application. This might also reduce seepage from the ditch.
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ALTERNATIVE PLAN
In the course of several neighborhood meetings many residents voiced concern about
density on the site. Although it is the developer's understanding that the City acquired
the Cathy Fromme Natural Area as an adequate buffer to sensitive areas, he has put
effort into preparing an alternative site plan providing fewer lots, specifically along the
natural area.
If the Board feels it is appropriate for this parcel to develop at a density lower than the
required 3 units per acre, he is willing to submit this plan. All engineering remains
essentially the same, but the average lot size has increased, The most notable result is that
the half -mile boundary adjacent to the natural area fronts only 10 lots on the natural
area, instead of the original 16.
There is some precedent for this density. In December 1992, 14 acres of the site were
annexed with a condition allowing 1.5 units per acre. Developing the balance, 28 acre,
at 3 units per acre would provide 106 lots. Alternative A provides 109 lots.
If the Board feels it is appropriate to proceed with the alternative plan, we will submit a
variance for an overall density of 2.5 units per acre.
I