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HomeMy WebLinkAboutFOSSIL CREEK ESTATES PUD PRELIMINARY - 50 92D - DECISION - MINUTES/NOTES0 0 4 PLANNING & ZONING BOARD MEETING MINUTES December 16, 1993 Gerry Horak, Council Liaison Rondall Phillips, Staff Support Liaison The December 16, 1993, meeting of the Planning and Zoning Board was called to order at 6:34 p.m. in the Council Chambers of City Hall West, 300 Laporte Avenue, Fort Collins, Colorado. Board members present included Chair Rene' Clements, Jan Cotticr, Jennifer Fontane, Jim Klataske, Bernie Strom, Lloyd Walker and Sharon Winfree. Staff members present included Interim -Planning Director Ron Phillips, Deputy City Attorney Paul Eckman, Steve Olt, Ted Shepherd, Kirsten Whetstone, Mike Herzig, Peter Barnes, Susie Gordon, Eric Bracke and Carolyn Worden. Mr. Phillips reviewed the Discussion Agenda which consisted of: Item 019 - Changes to the Sign Code, #38-92A; Item 020 - Fossil Creek Estates PUD - Preliminary, 050-921); and Item 021 - Spring Creek Village PUD - Amended Preliminary, M2-87M. L1: I:1ejej mil S]b f , I 'f CH3aIsI 114CIDI: �3TlI Mr. Peter Barnes, Zoning Administrator for the City of Fort Collins, gave a brief history of the sign code and explained that numerous changes have been made over the years. He stated that the City Council this last January adopted the residential neighborhood sign district which enacted regulations which controlled signage for non-residential uses in residential zones. This was the first phase of the sign code audit. The second phase of the audit is being presented tonight. Specifically being addressed is the review of the code and how it relates to commercial signage in the remaining portions of the city. A review was started in March of this year to analyze our code and to conduct an audit, the purpose of the review was to gather community input regarding perceptions of the code and to conduct a staff review of the code to idcntify loop -holes, weaknesses and problem areas and to recommend changes to the code where necessary and applicable. Mr. Barnes summarized the citizen participation process and the poor attendance at the nine public meetings. At the conclusion of those meetings, the staff put together a compilation of recommended code changes for the Board's consideration. The City Council will be making a final decision on these later on and will be adopting an ordinance so that the Planning and Zoning Board's role is to make recommendation to City Council. The changes are two -fold: (1) "housekeeping" changes in nature which are intended to build on already solid base of the code, to close identified loop -holes and to add clarity to existing provisions. (2) "Substantive" in nature in that they establish new regulations or significantly alter existing regulations. The substantive changes accomplish the following: (a) they create regulations for window signage (b) they reduce the maximum allowed size and height for certain types of signs 0 Planning and Zoning Board Meeting December 16, 1903 Minutes Pap 6 FOSSIL CREEK ESTATES PUD - PRELIMINARY - *50-92D Kirsten Whetstone, project planner, presented the staff report with the following conditions as presented in the staff report and a memo from Tom Shoemaker, Natural Resources Director, dated December 14, 1993. That the property be zoned RLP, with a PUD condition, or another appropriate zone for residential development, prior to final approval. 2. That the developer provide erosion control protection of the Cathy Fromme Prairie site and wetland conservation areas during the construction of infrastructure and housing. A complete erosion control plan adequate to deal with the special sensitivities of these areas will be provided with final design drawings according to the requirements of the City's Storm Water Utility, the Natural Resource Division, and good engineering practice. 3. That the developer identify formal defined limits to areas where construction disturbance will be allowed in the vicinity of wetlands and the Cathy Fromme Prairie, and construction disturbance will not be allowed outside of those defined limits. 4. That the developer design and implement the project to ensure that post -development surface runoff does not significantly affect the nature and quality of the wetland conservation area or the Cathy Fromme Prairie. The developer shall prepare and submit a wetland conservation plan with final review documents for approval by the City's Storm Water Utility and the Natural Resources Division. Such plan shall define the following: a. 'best management practices' to be employed to minimize the potential adverse effects of future surface runoff on water quality and hydrologic regime of wetlands and the Cathy Fromme Prairie. b. permanent buffer zones to be maintained between wetland areas and adjacent lots; such buffer zones arc to be staked on the ground to allow visual inspection by the City. C. location of storm drainage discharge points to ensure that discharge points are located outside of wetland areas and the Cathy Fromme Prairie. d. design of storm drainage discharge points to ensure that stormwater discharges do not cause erosion or alter natural drainage patterns in the wetland or on the Cathy Fromme Prairie. C. measures lobe implemented to ensure appropriate surface hydrology to maintain existing wetland conditions. S. That the developer cooperate with the City to provide information to potential homeowners regarding the environmental sensitivity of wetland areas and the Cathy Fromme prairie. Specifically, the developer shall: Planning and Zoning Board Matting December 16, 19QS Minutes Pap 9 a. delineate the boundary of the wetland area and Cathy Fromme Prairie on the final plat for the development and include the following notation: City of Fort Collins Cathy Fromme Prairie -- Sensitive Natural Area, Access Restricted b. include the boundary and notation defined above on maps developed to assist in marketing the development. C. provide potential homeowners with information on the sensitive resources of the Cathy Fromme Prairie and the access restrictions and other management plans which may pertain to the area; such information shall be provided by the City of Fort Collins. d. allow the City of Fort Collins to install signage and other appropriate notices regarding pubic use of the Cathy Fromme Prairie on fences constructed by the developer on the perimeter of the wetland and Cathy Fromme Prairie. 6. That the developer shall conduct a study to assess the potential adverse impacts of the development on the subsurface hydrology of the wetlands and Fossil Creek. The results of such study, including measures needed to assure that the subsurface hydrology including measures needed to assure that the subsurface hydrology of the wetland will be maintained following development, shall be submitted with final documents for approval by the City's Stormwater Utility and Natural Resources Division. 7. That off -site drainage easements be obtained and approved by City Council prior to final approval. 8. That an off -site right-of-way dedication, for a portion of Fossil Creek Drive on City property to the north, be approved by City Council prior to final. 9. That any variances to the City Street Standards, such as grades, widths, curve lengths, medians, etc. shall be submitted for City review with the final documents and approved by the Engineering Department prior to final approval. Carter Ewing - c/o Jim Sell Design - Introduced himself as the developer and turned the presentation of the project over to Mr. Sell. A slide presentation was given by Mr. Sell. He reviewed annexation of the property to the City of Fort Collins. The eastern portion is currently annexed and zoned RLP. RLP zoning is being requested on the western portion. Trilby Ditch and Scenic Knolls run lateral on the south portion of the development. His presentation showed how the project protects the wetland and maintains the beauty in the area. The project meets standard requirements of development. Greenbelt areas were created to allow people to connect with future trail systems/open space. An access road is established as a joint -use road for the ditch company and homeowners. He presented the configuration of the ditch that will be lined. Planning and Zoning Board Meeting December 16, 1993 Minutes Pap 10 Mr. Sell addressed the issues raised in 3 neighborhood meetings and numerous meetings with staff and developers. He discussed the impact of lining the ditch on the existing trees. The developers want to preserve the trees, an important part of the beauty of the area. The drainage was discussed as it relates to the wetlands. The wetland will be preserved and improved because livestock will be excluded from the area. He showed numerous slides depicting the wetland area. The following summarizes Mr. Sells presentation: Will the wetlands be affected by adjacent development? He showed slides of developments around wetlands in other communities. There are many case where there are wetlands and neighborhoods adjacent area. He showed a slide of the Cathy Fromme Prairie area. The developers are committed to preserving the wetland with development of the project. The buffer area around the wetland is still being studied. They are currently discussing a 10-foot wide buffer. He showed an area that is being devastated by cattle. 2. The use of organic kinds of fertilizers and non-commercial compost, will be regulated in the covenants and literature. They believe people who live in the development will be sensitive to the adjacent environment and take responsibility to care for the adjacent sites. He hopes this will eliminate use of commercial chemicals for landscaping in the area. 3. A minimum of 10-feet as a buffer around the wetlands, will be indigenous grasses. The developer will provided a gravel filled ditch within the 10-foot buffer, with fencing and signage to warn against dumping. The drainage will increase runoff, to protect the wetland that is proposed, reconcentrating the water in a continuous trench. Studies are still being conducted on the configuration of the buffer and trench. The gravel is wrapped in fabric so it doesn't fill up with soil, creating an underground reservoir that Will seep water back into the groundwater, an artificial re -charge area. He used the example in Florida for this type of water management. A syphon is proposed to maintain water balance and augment the wetland if necessary. The wetland will be recharged. He said that the water levels could be controlled by this process, insuring the maintenance of the wetland. Mention was made of the concern for the wildlife habitat. 4. In cooperation with the Natural Resource Department, there will be signage allowed to protect the area. 5. It is unknown how much the wildlife will be affected but efforts to create a buffer will preserve the natural sites adjacent to the development. The developer proposed a possible density in the development to decrease the number of lots along the north border from 16 to 10, but requested that preliminary approval be based on one plan or another. 6. The terrain was addressed as a concern. A slope analysis was conducted. Mr. Sell used Clarendon Hills as an example for positive use of steep grades. 7. According to Mr. Sell, the Ditch Company will allow the ditch to be lined. Each house foundation will have a perimeter drain, draining into the storm water system. Planning and Zoning Board Meeting December 16, 1293 Minutes Page 11 8. There was a concern of large houses on Shields street and how setbacks would compare to the Clarendon Hills Subdivision. He said the backs of the houses will be 65 feet from the curb, compared to his example of 40 feet. There will be extensive landscaping along the buffer with a meandering sidewalk, berming, street trees and evergreens and shrubs near the fence. Member Strom asked the developer for more information about the existing trees and the effect the ditch would have upon them. The trees along the ditch are on the Robbins property. Mr. Sell said the topography is such that the terrain falls off toward the north, with most trees being locating on the southside. Nothing can be done on the Robbins property without their permission. Every attempt will be made to save all existing trees, as they are an asset to the development. Member Strom asked if the ditch would be lined with concrete. Mr. Sell said that has not been determined at this time. They are considering either concrete or another synthetic material; with approval of the Ditch Company. Member Strom asked about water rights for drainage recharge. Mr. Sell assured him that those rights have been determined, that the developer owns appropriate water rights. Member Strom asked about the buffer needed for the wetlands. Mr. Sell said the Natural Resources Department memo pertains to the question. A study that will take several months to determine buffer requirements will be conducted. The study will be on -going and would not interrupt development of the first phase, as the wetlands are not adjacent to lots in Phase 1. The buffer needed would allow the drainage and landscaping to be attractive. Member Strom asked if there is sufficient room. Mr. Sell said 10 feet has been explored, but final approval of the Natural Resources Department has not been determined. The lots have enough.depth for the buffer area. Member Winfree asked about the temporary emergency lane between lots 7 and 8. How is that going to be handled? Mr. Sell said that an access would be developed with a standard barricade so the fire department vehicles can drive through. Member Fontane asked why the canal is to be lined? Mr. Sell said because it is causing difficulty for development, concerning seepage and excess ground water. Member Fontane asked how is the organic yard care going to be enforced? Planning and Zoning board Meeting December 16, 1993 Minutes Page 17 Mr. Sell said it is difficult but they hope peer pressure and that it is a sensitive area would encourage people to put organic chemicals on their lawns and to use compost management. Member Fontane asked if the dispersion trench is within the buffer zone? Mr. Sell said it was within the buffer zone. Member Fontane asked if it will be covered. Mr. Sell said it will be determined by the width of the ditch and hopefully would allow 2 feet of cobble path around it. Member Fontane asked about seepage from the ditch. Mr. Sell said it would be monitored. He expects several monitoring holes so they can look at the wetlands periodically and measure the water table, to determine how lining the ditch will effect ground water levels. Member Fontane asked about water quality and if it would be filtered. Mr. Sell said that everything that is discharged above and below ground will go into the trench before it gets to the wetlands. CITIZEN INPUT Bob Kulovaney - 1317 Hepplewhite Ct. - Current President of the Ridge Homeowner's Association. He had no problem with the development, but was concerned with the impact upon the wetlands. At a recent work session with the council the main concern is preservation of wildlife habitat. Less than 3 percent of the land area in Fort Collins will be designated for this use. He stressed this area is the only prime habitat area left in Fort Collins. He felt that a 10-foot buffer is not adequate. He felt there are too many environmental concerns to approve the preliminary plan. He would like to see the lower density proposal incorporated in the plans, if passed. He commented on runoff from Fossil Creek and the runoff would not be protected by the plan, and this needs to be addressed. He felt that it would be difficult to control consumers choices of fertilizer. Erosion control was a concern and slopes. He felt that the dispersion trench needed to be in place prior to any construction. He expressed concern about Phase III, that it exceeds fire safety standards. He recommended minimal street lighting at night for the sensitivity to natural wildlife. The policy issues from the Natural Resources Department that will be out this spring should be used to consider buffering. He asked the Board to wait for it and also guidance from City Council for inf ill development. He closed by requesting that the Board not grant preliminary approval to give city staff time to complete their task. More questions need to be addressed. Jim Robbins - owner of agricultural land to the south of the development - He said that 3-units per acre is too dense. He is President of Trilby lateral ditch company and wanted to mention the lining of the ditch. Quality needs to be a consideration of the Cathy Fromme Prairie area and we need to be visionary and in keeping with the environment balanced. He was concerned about the trees, their preservation and habitat. The water issue needs to be examined closely, considering the flows throughout the year of the water in the ditch. The Fromme natural area Planning and Zoning Board Meeting December 16, 1903 Minutes Pap 11 is still being studied. He is concerned about the public use and of the transition of the development to the agriculture use. Robert Musselmen - 717 Scenic Dr. and President of Scenic Knolls Water Association - His main concern was the maintenance of the integrity of the water supply and liability in the areas of (1) seepage and (2) liability of access. He said more meetings need to be held with the developer concerning the proposed lining of the ditch. He proposed that a fence be placed along the ditch for safety. He made a presentation of the various ditches in question and thought the easement allowance may not be adequate. He was not in favor of the higher density and supported the traditional style of living in the area. He pointed out that the Cathy Fromme Prairie area is the most valuable wildlife habitat in Fort Collins Urban Growth Area and would like to see it maintained, specifically as it relates hawks and bald eagles. Air quality needs to be considered. Art McDaniel - Member of the Scenic Knolls Board - He addressed some comments concerning the ditch and its leakage and borrowing animals. Every year there is maintenance of this ditch and a more permanent lining, such as concrete, would be recommended. He was concerned about the protection of pets and children and recommended a fence to detour dumping and traffic. He felt the density should be reduced to 2-2 1/2 houses per acre. Fred Nibbon - He was concerned about the liability of the ditch. He asked the slope be considered and the number of homes with respect to drainage and possible seepage into private homes. He asked the Board if they would consider this special area and really listen to what the people have to say. He mentioned the densities of the surrounding areas of not more than 2 1 /2 houses per acre. School population and transportation was brought up. He was concerned about the total build -out issue where buffering becomes a concern. The public access to the wetlands and impacts on the wildlife habitat was raised. He believed the impact of cattle had not adversely effected the wetland habitat area. Sandra Robbins - 5801 S. Shields - She was concerned about density and compatibility issues. Concerns about agriculture uses for the future. She feared, as has happened in other areas of the City, that "agriculture uses" become the "bad guy". She was concerned about keeping the density to one -house per acre. She had concerns about traffic generated by residents. She mentioned runoff drainage and air pollution. She mentioned various studies of the area have not been completed and the development of this proposal is premature. Once the natural areas are gone, they cannot be brought back. Frank Oldham - 1109 Hepplewhite Ct. - He had two concerns: (1) Impact on wildlife. He felt that the area is fragile and the impact needs to be known. (2) He doubted that "peer sensitivity and signage" will be adequate to control chemicals which will filter into ditches. Rick Hoffman - He stated he was a professional wildlife biologist by trade for the past 25 years. He said there arc no artificial fixes for natural processes. He believed the trench was only a collection facility. He was very concerned about the runoff into the wetlands and its negative impact. Chair Clements asked how will the City deal with erosion control. Planning and Zoning Board Meeting December 16, 1993 Minutes Page 14 Rob Wilkinson, Natural Resources, answered that it was an issue for Storm Water Management who has the authority to review and regulate. His department views erosion when natural areas are affected. In the final review process, the Storm Water Authority looks closely at this subject. An erosion control plan is required by the developer and has been submitted. Chair Clements asked about the liability, of lining, and fencing of the ditch. Ms. Whetstone mentioned that the applicant is working with the ditch company to resolve the lining of the ditch. It would benefit the ditch company, if done according to their specifications. There is a 15-foot access easement right-of-way. The proposal shows a 3-rail fence along the rear lot lines adjacent to the ditch. Mr. Eckman addressed ditch liability as the ditch company has an obligation to properly maintain the ditch. If they are negligent in their maintenance, such that the seepage is unreasonable, when that occurs, the ditch company is liable for damages from excessive seepage. Liability for safety in the event that someone is hurt, under Criteria 11 regarding irrigation canals, could be used by the Board, to require a fence to protect people from the ditch. If the Board does not feel there is a safety issue, the ditch company always has the option of fencing its own ditch to protect itself against liability. Chair Clements commented on the dispersion ditch (to ensure water levels for the wetland) going in prior to construction. Mr. Sell said that it would go in prior to the construction of the phase of development draining to the wetland. Chair Clements asked about fire safety in Phase III of the project. Mr. Ewing answered that Phase III requires a secondary access and final plans have not been developed. Chair Clements asked about school access. Ms. Whetstone said the children would go to Johnson Elementary and would either be bused or the sidewalk on Shields would be used. Mike Herzig, City Civil Engineer indicated this detail has not been determined for school provision access. It will be planned with the existing school pick up sites. Member Walker asked about street lighting. Ms. Whetstone said it was the purview of the Light and Power Department, and there is a residential standard they typically use. Negotiations will be opened up between all parties. Member Walker asked about impacts on wildlife. Mr. Wilkinson answered that there will be an impact on the wildlife but it has not been determined. A management plan is being conducted. This is an urban natural area, and it will be subject to more impact with population than a wilderness area. He made some comments on buffering of the wetland, indicating it needed more study prior to final. 0 Planning and Zoning Board Meeting December 16, 1903 Minute. Pap 16 Mr. Sell agreed that there are two lots in question and they would be willing to adjust the phase line to put Lots 21 and 89 in Phase II, as they drain to the west. Member Fontane asked the Natural Resource policy on wetlands in Fort Collins. Mr. Wilkinson said "no net loss" is the City policy, and indicated the City of Fort Collins is more restrictive than the Federal government in smaller impacts, down to a 1/4 acre. All areas are considered to be important and mitigation for loss is expected. This development proposes mitigation for disturbed wetlands. Member Strom made a motion to approve the Fossil Creek Estates preliminary with the previously stated conditions as modified in the memo dated December 14 by the Natural Resources Director with two additional conditions: 10. That at the time of final, the mitigation program for large trees be addressed so that they may be conserved, regardless if they are on the property. 11. That the Phase I line be changed so that Phase I drains to the east, rather than to the west to the wetland, so conditions may be attached to each phase, as appropriate, prior to final approval. Member Cottler second the motion. Chair Clements said that she would like to see another neighborhood meeting for all interested parties and what will happen in the final phases. The developer agreed that this could be done. Member Fontane asked if the motion includes lower density in this area. Member Strom indicated that proposed plan meets the absolute criteria of the LDGS plan, related to density. The density of 3-units per acre appears to be an appropriate density. Member Fontane had concerns about wildlife habitat protection, specifically LDGS Criteria 14, and would not support the motion. The motion carried 6-1 Member Fontane in the negative. SPRING CREEK VILLAGE PUD. AMENDED PRELIMINARY - #2-87M Ted Shepard, project planner, presented the staff report and recommend approval with the following two conditions: 1. At the time of Final P.U.D., the P.U.D. shall indicate graphically, and the developer shall indicate in writing, a commitment to financially participate in the design and construction of the "Arthur Spur" to mitigate the potential impact of bicycle traffic generated by the P.U.D. 2. At the time of Final P.U.D., the landscape design of the Young Pasture shall be reviewed and accepted by the City of Fort Collins Stormwater Utility.