HomeMy WebLinkAboutFOSSIL CREEK ESTATES PUD FIRST FILING FINAL 6/27/94 P AND Z BOARD HEARING - 50 92F - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 15
MEETING DATE 6127/94
STAFF KirstPn WhPtstnnP
PLANNING AND ZONING BOARD
J
STAFF REPORT
PROJECT: Fossil Creek Estates First PUD, Final- #50-92F
APPLICANT: Jim Sell
Jim Sell Design
117 E. Mountain Ave
Fort Collins, CO 80524
OWNER: Fossil Creek Partners
c/o Carter Ewing
363 W. Drake Road Suite 6
Fort Collins, CO 80526
PROJECT DESCRIPTION:
This is a request for a final PUD for 38 single family lots on
13.03 acres. The project is located west of Shields Street
approximately one mile south of Harmony Road at Fossil Creek Drive
(extended). The property is zoned r-1-p, Low Density Planned
Residential.
RECOMMENDATION: Approval with condition
EXECUTIVE SUMMARY:
Fossil Creek Estates Final PUD is a low density single family
development for 38 residential lots; 28 single family patio home
lots and 10 standard single family lots. The final PUD is in
substantial conformance with the approved preliminary PUD. The PUD
meets applicable criteria of the All Development Chart of the Land
Development Guidance System (LDGS) and the density of 2.92 DU/acre
is in conformance with a density condition on the zoning which
allows density on this parcel to be as low as 1.5 DU/acre.
Conditions of preliminary approval have been addressed. The
overall Fossil Creek Estates Preliminary PUD is in compliance with
the Solar Orientation Ordinance, and in this phase, 23 of the 38
lots (61%) meet the definition of a solar oriented lot. The
project is feasible from a transportation standpoint.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80.522-0580 (303) 221-6750
PLANNING DEPARTMENT
SCHOOL PROJECTIONS
PROPOSAL: FOSSIL CREEK ESTATES PUD - Final
DESCRIPTION: 38 single family units on 13.03 acres
DENSITY:
General Population
38 units x 3.5
2.92 du/acre
(persons/unit) = 133
School Age Population
Elementary - 38 (units) x .450
Junior High - 38 (units) x .210
Senior High - 38 (units) x .185
McGraw Elementary
Webber Junior High
Rocky Mountain Senior High
(pupils/unit) =
17.1
(pupils/unit) =
7.98
(pupils/unit) =
7.03
Design
Capacity Enrollment
568
449
900
977
1312
1404
0
Activity A: ALL DEVELOPMENT CRITERIA
ALL CRITERIA
APPLICABLE CRITERIA ONLY
CRITERION
Is the criterion
applicable?
Will the criterion
be satisfied?
If no, please explain
r
A
5
a Z
Yes
No
Al. COMMUNITY -WIDE CRITERIA
1.1 Solar Orientation
I X
L
x
%ii rvi • meet-, L)Irt
1.2 Comprehensive Plan
CL1+ o 1 oliJ
1.3 Wildlife Habitat
x
cl ft'C4(i `QytS
1.4 Mineral Deposit
LR
1.5 Ecologically Sensitive Areas
reserved
reserved
1.6 Lands of Agricultural Importance
1.7 Energy Conservation
1.8 Air Quality
1.9 Water Quality)i
1.10 Sewage and Wastes
A2. NEIGHBORHOOD COMPATIBILITY CRITERIA
2.1 Vehicular, Pedestrian,.Bike Transportation
j(
2.2 Building Placement and Orientation
X
2.3 Natural Features
X
2.4 Vehicular Circulation and Parking
X
2.5 Emergency Access
X
2.6 Pedestrian Circulation
X
2.7 Architecture
2.8 Building Height and Views
2.9 Shading
2.10 Solar Access
2.11 Historic Resources
2.12 Setbacks
2.13 Landscape
X
2.14 Signs
2.15 Site Lighting
2.16 Noise and Vibration
2.17 Glare or Heat
1(
2.18 Hazardous Materials
1(
A3. ENGINEERING CRITERIA
3.1 Utility Capacity
3.2 Design Standards
K
3.3 Water Hazards
I
I Ill Ooen) I
3.4 Geologic Hazards
rof on br-449A lot5
w
r�
Planning and Zoning Board Meeting
December 16, 1993 Minutes
Page 9
FOSSIL, CREEK ESTATES PUD - PRELIMINARY - !l50-92D
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.
0 That the property be zoned RLP, with a PUD condition, or another appropriate zone for
residential development, prior to final approval.
2O 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.
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:
h
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 are 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.
Planning and Zoning Board Meeting
December 16, 1993 Minutes
Page 10
e. = .measures to be implemented to en=c appropriate surface hydrology to maintain
existing wetland conditions.
That the developer cooperate with the City to provide information to potential
homeowners regarding the environmental sensitivity of wetland area and the Cathy
Fromme prairie. Specifically, the developer shall:
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.
Oc. 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
�J 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 Natural2murces Division.
-7� That off -site drainage easements be obtained and approved by City Council prior to final
approval.
J 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.
Planning and Zoning Board Meeting
December 16, 1993 Minutes
Page 11
- 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 Sun lateral.zn 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.
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 excludedfrom the..nrea. He showed numerous slides depicting the wetland
area. The following summarizes Mr. Sells presentation:
1. Will the wetlands be... affected by adjacent, .development? He stlpwed . 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
Community Planning and Environmental Services
Planning Department
City of Fort Collins
February 15, 1994
Fossil Creek Partners
Carter Ewing
363 W. Drake Road Suite 6
Fort Collins, Co 80526
RE: Fossil Creek Estates PUD, Preliminary - #50-92D
Dear Sir:
On December 16, 1993, the Planning and Zoning Board of the City of
Fort Collins approved the above referenced project with the nine
conditions as stated in the December 16, 1993 minutes (attached) of
the Planning and Zoning Board meeting, in addition, the conditions
as stated in the motion:
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.
If you have any questions, please call our office at 221-6750.
Sincerely,
Kirsten Whetstone, AICP
Project Planner
KAW/gj d
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (303) 221-6750
May 6, 1994
Planning and Zoning Board Members
Planning Department
City of Fort Collins
RE: Fossil Creek Estates First Filing P.U.D.
Final Submittal
Conditions of Approval and Variance Request
Dear Board Members:
The final submittal for Phase I of Fossil Creek Estates addresses the conditions of
approval as stated in the December 16 minutes of the Planning and Zoning Board
meeting, and in the motion.
The conditions attached to approval will be satisfied with the design of the individual
phase to which they apply. The conditions applying to Phase I are as follows:
1. The Phase I boundary has been adjusted to insure that all run-off will occur
to the east.
2. Any off -site drainage easements required will be obtained prior to final
improvements.
3. Off -site right-of-way dedication for portions of Fossil Creek Drive on the
Cathy Fromme Prairie will be approved by City Council.
4. Any variances to the street standards will be approved by the Engineering
Department prior to final approval.
In an effort to develop the site to have the minimum impact on the natural resources
present, the Preliminary Site Plan was modified to bring more density to the First
Filing, while decreasing it in the subsequent filings to the west. This reconfiguration
has given priority to sensitive grading and preservation of existing trees. Whereas the
Preliminary Site Plan met the solar ordinance, this filing fails to do so, and the '
developer requests that this requirement be waived in favor of the resources which
this plan benefits.
Thank you for your consideration, and we look forward to working with you through-
out the development review process.
Sincerely,
JIM SELL DESIGN
Kay Force
Sall PC-
DeSl�1
1 e P,
.
177E �yttain Ate '80o
Fort Cla" �CokX O
(303)484-
11
FOSSIL CREEK PARTNERS
May 12, 1994
Mr. Tom Shoemaker
Director of Natural Resources
CITY OF FORT COLLINS
281 N. College Avenue
Fort Collins, CO 80522
RE: Fossil Creek Estates First Filing Offsite Easements
Dear Tom:
Enclosed, please find copies of legal descriptions and exhibits for the easements that we are
requesting for the above referenced project. As we have previously discussed, I am requesting
that you run this request through the proper channels so that, upon final approval, we may not
be delayed by this issue.
I thank you for your continued assistance in this matter.
Sincerely,
PARTNERS
ewmvCarter B.
Managing Partner
enclosures
cc: °:; Planning Dept.
Engineering Dept.
Brian Shear
Jim Sell
®I
363 West Drake 0 Suite 6 e Fort Collins, Colorado 80526 0 (303) 744-7837 e FAX (303) 722-5843
RIGHT-OF-WAY DEDICATION
A tract of land situate in the Southeast One Quarter (1/4) of Section 3, Township 6 North,
Range 69 West of the Sixth P.M., Laritner County, Colorado, which considering the South
line of the Southeast one -quarter (1/4) of said Section 3 as bearing South 89°53'31" West and
with all bearings contained herein relative thereto:
Commencing at the Southeast corner of said Section 3; thence South 89°53'31" West, 30.00
feet to the TRUE POINT OF BEGINNING of this description:
Thence along said south line of said Southeast one -quarter (1/4) South 89'53'31" West,
448.52 feet;
thence leaving said south line of said South one-half (1/2) and continuing North 60°39'08"
East, 17.78 feet to the beginning of a tangent curve to the right having a central angle of
29°14'23" and a radius of 285.00 feet ;
thence along the arc of said curve 145.44 feet to the end of said curve;
thence North 89°53'31" East, 248.89 feet to the beginning of a tangent curve to the left
having a central angle of 89'55'08" and a radius of 25.00 feet ;
thence along the arc of said curve 39.23 feet to the end of said curve;
thence North 89°58'23" East, 20.00 feet to a point on the existing South Shields Street west
right-of-way;
thence along said South Shields Street west right-of-way, South 00'01'37" East, 69.94 feet to
the TRUE POINT OF BEGINNING of this description
said tract contains 18,547 square feet (0.426 acre) snore or less.
CURVE 7.45LE
R d L T CH
C/ Z85.00' 29."/4'Z3" I45.44' 7434' 143.87' N75°/G'ZO'E
C2 25.00' 89055,084 39.Z3Z4.96' 35.33' N44°55'57'E
� I
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UTILITY. DRAINAGE. ACCESS, SLOPE AND SIGNAGE�
EASEMENT, RECORDED AT RECEPTION \1
NO�-_-______ 7�
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L 100'
UTILITY, CPAINAGE. ACCESS. SLOPE AND S:GNACE I 30' W' Q
UNPLATTED EASEMENT, F.ECOPDED AT F.ECEPTIGN I EXIST. EXIST. CC CLARENDON HILLS
(CITY OF FORT COLLINS) "O------- -------- FOSSIL (REEK DRIVE I J I I ~ FIFTH FILING
RIGHT-OF-WAY DEOCATION
P.ECOP.DED AT RECEPTION '
No.____--
- - - - - - -
HAHN ANNEXATION / I LF
ZoooISE COR OF SECTION 3
:::�•.•. M MONUMENT IN V LVE BOX
SOUTH UNE OF SE 1/i GF � ------ < ELN•SECTION 3. T6N, R69-N /' N89°53 3/-E Z4889'ITY — — s_ — — —..
N60°3908 E C a ;'�`�b� a
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. - FOSSIL CREEK DRIVE
5890 53'I3/"W . 448.52' \ - - _
TRAA'CT7 �$ ? TRUE o0/N% : `-NORTH LINE OF NW 1/4 OF
SECTION il, T°N, R69'N
52.79 112.29 .OF BEGINNING
20' UTILITY ESMT
TRACT A 60,—
`b EXIST.
11
72° S3 28 S0.00' E^
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27.00' 27.00• I CQ 2
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Fossil Creek Estates PUD- Final, #50-92F
June 27, 1994 P & Z Meeting
Page 2
COMMENTS:
1. Background
The surrounding zoning and land uses are as follows:
N: T, Fort Collins Open Space (Cathy Fromme Prairie);
S: FA-11 existing residence on a large rural parcel in the
County;
E: RLP, existing single family residences (Clarendon Hills)
and FA-1, existing large lot rural residences
(Scenic Knolls, Applewood Estates);
W: FA,-1, vacant, undeveloped parcel in the County.
The eastern portion of the site was annexed to the City on January
51 1993 as the Wuerker Annexation. The property was zoned rlp,,Low
Density Planned Residential, with a PUD condition and with a
condition that the density be allowed to be a minimum of 1.5
DU/acre.
In November of 1992 a plan, known as Aspen Ridge PUD- preliminary,
was submitted to the Planning Department for review. The plan
consisted of 25 single family lots and a 2,000 square foot
veterinary clinic on approximately 14 acres. The applicant
withdrew the PUD request prior to the Planning and Zoning Board
hearing.
On December 16, 1993 the Planning and Zoning Board approved a
preliminary PUD for the entire 42.6 acre site with conditions. The
Board's decision was appealed to City Council. On February 1, 1994
City Council upheld the Board's decision.
The property is currently vacant.
2. Land Use
The proposed land use of 38 single family lots on 13.03 acres
represents a gross residential density of 2.92 dwelling units per
acre (DU/ac). The zoning on this property allows the gross
residential density to be a minimum of 1.5 DU/ac. Therefore, the
preliminary PUD is in conformance with the allowable density. A
variance to the Residential Density Chart of the LDGS is not
required as the zoning condition supersedes the LDGS.
The proposed project
Development Chart of
approval have been met
Eighty-four of the 130
meet the definition of
the first filing meet
meets applicable criteria of the All
the LDGS and conditions of preliminary
(see section on Conditions of Preliminary).
lots (65%) of the overall Preliminary PUD
i solar oriented lot, with 23 of 38 (61%) of
the Ordinance. Future filings will be
EASEMENT DEDICATION
A tract of land situate in the Southeast One Quarter (1/4) of Section 3, Township 6 North,
Range 69 West of the Sixth P.M., Larimer County, Colorado, which considering the South
line of the Southeast one -quarter (1/4) of said Section 3 as bearing South 89°53'31" West and
with all bearings contained herein relative thereto:
Commencing at the Southeast corner of said Section 3; thence along said south line of said
Southeast One Quarter (1/4) South 89°53'31" West, 519.46 feet to the TRUE POINT OF
BEGINNING of this description:
thence leaving said south line of said South one-half (1/2) and continuing North 60°39'08"
East, 53.51 feet to the beginning of a tangent curve to the right having a central angle of
29°14'23" and a radius of 305.00 feet ;
thence along the arc of said curve 155.65 feet to the end of said curve;
thence North 89*53'31" East, 193.88 feet;
thence North 37°12139" East, 82.63 feet;
thence North 00'01'37" West, 163.32 feet;
thence North 89*58'23" East, 50.00 feet to a point on the existing South Shields Street west
right-of-way;
thence along said South Shields Street west right-of-way, South 00001137" East, 224.03 feet;
thence leaving said South Shields Street west right-of-way South 89°58'23" West, 20.00 feet
to the beginning of a tangent curve to the right having a central angle of 89°55'08" and a
radius of 25.00 feet;
y
thence along the arc of said curve 39.23 feet to the end of said curve;
thence South 89°53'31" West, 248.89 feet to the beginning of a tangent curve to the left
having a central angle of 29014'23" and a radius of 285.00 feet;
thence along the arc of said curve 145.44 feet to the end of said curve;
thence South 60°39'08" West, 17.78 feet to a point on the south line of the Southeast one -
quarter (1/4) of said Section 3; 1 1 11
thence along said south line of said Southeast one -quarter (1/4) South 89°53'31" West, 40.94
feet to the TRUE POINT OF BEGINNING of this description.
said tract contains 22,061 square feet (0.506 acre) more or less.
CURVE 7A8LE
R G L T Ch BRCS
C / 305.00 29°/4'23" /55.65' 79. 56' 163- 97N750/6"20 E
C2 285.00" 29°/4'Z3a 145.44' 74.34' 143.87' 6750/G WW
C 3 Z5.00" 89055'08a 39. Z3' 24.96' 35.33' 644055'57aW
N89°58'1-3 'E
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(CITY OF FORT COLLINS) - --'- F y F`« t`�- E I �� I FIFTH FILING
P.ECCRC F CEPTICtI�
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SECTION 3. Tit].: c.�`fitA,sYyw
C Z:'s....,R3:_...�.
N6° a W �x i"'&a,;
03908 E 589 53'3/ W 248.89 C l
try
FOSSIL CREED DRIVE 'I
40.94' ::'� 960°.39 08aW /7./7' 448.5Z' _ V —
\ S89°53'3/"N/ 519.46' FOSSIL CREEK DRIVE
r_ U PIY XE CF NW 1/4 CF
TRACT .$ E I SECTiCtI lt. TEN. P.cv'x
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Commu. Planning and Environmental ; ✓ices
Natural Resources Division
recycled paper
City of Fort Collins
DATE: March 1, 1994
TO: Mayor and Councilmembers
Steven C. Burkett, City Manager
FROM: Robert Wilkinson, Senior Environmental Planner
RE: Letter from Colorado Division of Wildlife regarding Fossil
Creek Estates
Attached is a letter received this morning from the Colorado
Division of Wildlife regarding potential interactions between the
proposed Fossil Creek Estates P.U.D. and Wildlife utilizing habitat
at or near the Cathy Fromme Prairie. We are still reviewing this
letter, and we have a number of questions regarding several of the
statements in the letter. We will be discussing this letter with
Colorado Division of Wildlife staff this afternoon and will be able
to provide you with additional information at this evening's
hearing if such is requested.
281 N. College Ave. • P.O. Bo\ 580 • fort Collins, CO 80322-0580 • (303) 221-6600
SHEP.RTON OF CS
DOW FT COLLINS TEL )3-490-2621
Mar
Feb 28
`4 8:32 No.003 P.01
17:26 N0.022 P.02
STAIR OF COLORADO
7n:
Rey Rlrir, 61wo..
DOPARn ONT OV NATURAL RRy OUR(;O5
RLl , u� ul�i,FeN rreDLlNti
rb v n. o1... fm. ,.
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DMM, (VV&40 W716
TWphw:OW1201-IM
NORTH/AYYMMMONAL ONnICY
317 WM hv"
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(M 4N•fpt
Mr. Robert Wilkinson, Senior lsr)virunntental Planner
Natural Resources Division, City of Fort Collins
P.O. Box 580
Foil Collins, Colorado 80522-0580
Dear Mr. Wilkinson:
February 28, 1994
RO111R
b
0 Off
For Wildltle.-
For Peoplr.
Aftcr having members of our staff look ut the prolx)scd Fossil Creek E.elatec P.U.D., the
following are our cone�rns/eomrnanls.
or► 1. hive to eight bald eagles arc now using (Ito cottonwood trees in what appears to lit
PhaseS —% the �of the proposed development. Indications are that these birds
2, moved to these trees from the Seven Springs area (west of Taft Hill Road).
Encroachment of the development to the west of these trees at Seven Springs probably
resulted in the birds moving to where they are now. Construction in this; portion of
Fossil Creek Estates development will probably cause the blyds to trove again. Our
best guess is to the fossil Crrek Reservoir area.
2. Thu city purchased Ole Cathy Promise Prairie to preserve a prairie/pruiric dug
community. Prairie dogs, coyotes, badgers, skunks and rattlesnakes are all species
that arc assoclated with dial type community and will probably occur within this
development. Since the city set up the prairie preserve prior to the subdivision. it is
hiiii,ortanl to mote that residents will either have to tolerate these animals within tho
subdivision or control them themselves . Ncithct the city ra)r the Division of Wildlife
should be responsible for animal control within die development or prairie complex.
Additionally, it should be noted that there will he problems with resident's pets (dogs
and cats) and fleas from pralde dogs and coyotes. There will probably be concerns
about plague by residents. Poisoning of prairie dogs to alleviate residents fears of
plague should not be a practice permitted by the city or the Division of Wildlife, since
this is the major species for the Cathy Fromnte Pralrle, and the prey species that
maintains the winter raptor populations.
3. Based on discussions wish Jerry Craig, the Impact of the development. activities (in
the large hawks (Ferruginous, Rough -In ged and Red-tailed Hawks) using (he Cathy
Fromme Prairie count bc. minimized. Construction could occur when raptor
populations are at a minimum, tbwer houses could be built and some additional
cottonwoud trees could be planted in the creek -bottom. However, the activity of
DEPARTMENT' OF NA'1'URAI, RhSOURCHS, ra,Rru:.rry, Raaulh aYu la
WILDLIPB COMMISSION, U"W,aw.,.CU" I"M.WiOd,v:.cb.:m.U,w,V.Swift, s.o.Wy
1bO. /a...., N.dq,7M,.,,1 M. 11.1, u,.^:e'• Ad+w L. Pr.nk, NfrAw• Wlll�.ai R. Nylay, Hemya..IX.w,r vu[x.0ay. Ncmha
SHERATON OF CS
A DOW FT COLL114S
Mar 94 8:32 No.003 P.02
TEL 03-490-2621 Feb 25 17s27 Ne.022 P.03
planting trees could have a negative impact. The pets (dogs and cats) of the rosidents
could have a large impact in the area near the development. These problen►s might be
minimized wide buffer zones reduced number or units in areas adiaccnt to the prairie, PAA scs
etc. Removal of the •ottonwowl trees (relbri-ed to in #1) Is another matter. Eagles and 2
hawks use the trees for roosting and hunting perches. Making these trees unavailable
to the birds, either by putting houses all aroond them or cutting them down, will
definitely alter the raptor use of the prairie.
I understand there is a me441119 coining up rather stma, so if you n(%A any additional inl'ormaion
please call our office at 484-2836 and wo will be glad to assist you.
0
Yoours vuly,
Walt Graui
Regional Manager
FOSSIL CREEK ESTATES PUD
ASSESSMENT OF NATURAL AREA IMPACTS
Prepared For:
City of Fort Collins, Colorado
Natural Resources Division
Prepared By:
Shalkey Walker Associates, Inc.
and
ERO Resources Corporation
Denver, Colorado
March 16, 1994
J
TABLE OF CONTENTS
METHODOLOGY ................................................ 2
APPLICABLE POLICY, RESOURCE MANAGEMENT AND DESIGN
CONSIDERATIONS .......................................... 3
WETLAND RESOURCES ........................................... 3
Assumptions ................................................ 4
Wetland Impacts ............................................ 4
Wetland Mitigation Plan ....................................... 5
Drainage Plan ............................................... 8
Conclusions ................................................ 9
Recommendations ........................................... 10
Recommended Mitigative Measures .............................. 10
BALD EAGLEIRAPTOR IMPACTS ................................... 12
Future Bald Eagle Use Without Fossil Creek Estates Development ....... 12
Future Bald Eagle Use With Fossil Creek Estates Development .......... 13
Establishment of Alternative Winter Roost and Perch Sites ............. 13
Bald Eagle Use of the Cathy Fromme Prairie if the Roost/Perch Site is
Abandoned................................:.......... 14
ACCESS TO THE CATHY FROMME PRAIRIE .......................... 14 ,
POTENTIAL PROJECT ALTERNATIVES ............................. 16
Option#1:................................................ 16
Option#2:................................................ 18
Option#3 :............................., ................. 19
Option#4:................................................ 21
Potential Impacts of Project Alternatives: .......................... 22
REFERENCES: ............................................... 23
FOSSIL CREEK ESTATES PUD
ASSESSMENT OF NATURAL AREA IMPACTS
Name of Project: Fossil Creek Estates PUD
Location: Southwest Corner of S. Shields Street and Fossil Creek Drive
Assessment ERO Resources Corporation,
Performed By: Shalkey Walker Associates, Inc. and
Stoecker Ecological Consultants, Inc.
Date: March 16, 1994
Purpose of the Assessment:
The purpose of this assessment is to determine both on -site and off -site impacts to
natural areas resulting from the development of the Fossil Creek Estates PUD. Based
on the determination of impacts, this assessment also identifies appropriate mitigation.
Additionally, this assessment addresses project and design alternatives which may be
considered by the City of Fort Collins.
Study Area:
The Study Area includes the proposed Fossil Creek Estates PUD, which is
approximately 45.19 acres in size. The Study Area also includes portions of the Cathy
Fromme Prairie (Natural Area) purchased by the City of Fort Collins in May 1993. The
primary area of assessment on the Cathy Fromme Prairie includes the parcel to the
immediate north of the proposed Fossil Creek Estates, or what was the Hahn Property
portion of the Cathy Fromme Prairie acquisition. The Study Area also includes
undeveloped lands, adjacent, and to the south and west of the proposed Fossil Creek
Estates.
Key Issues:
1. A wetland is located within the proposed Fossil Creek Estates parcel and extends
to. the north into the Cathy Fromme Prairie.
1
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
2. A Preliminary Drainage and Erosion Control Report prepared for Fossil Creek
Estates proposes drainage improvements to convey 100% of the storm runoff
from the proposed development north to the main Fossil Creek channel within
the Cathy Fromme Prairie.
3. Citizens of Fort Collins, City of Fort Collins Natural Resources Division staff, and
members of the Consultant Team observed bald eagles perching in a grove of
trees on the Robbins Property to the immediate south of the proposed
development. One member of the Consultant Team observed six eagles perching
in one of these trees. Based on reports of citizen observations and confirmed by
the City's Natural Resources Division, this grove of trees is being used as a
winter night roost site by multiple eagles, a significant finding. Additionally, other
birds of prey, including ferruginous hawks, use the area.
4. The Cathy Fromme Prairie provides a valuable prairie dog prey base for bald
eagles, ferruginous hawks, and other wintering raptors using the area. For this
reason, the Cathy Fromme Prairie represents a valuable wildlife habitat within the
Fort Collins Urban Growth Area. Based on the results of a questionnaire
conducted by the Natural Resources Division queering citizens and natural
resource professionals regarding the management of the Cathy Fromme Prairie,.
the use of the Prairie as a raptor feeding area is highly valued.
METHODOLOGY
This assessment consisted of a review of background documents and reports provided by
the City of Fort Collins Natural Resources Division, conversations with Natural
Resources Division staff, and a site investigation by the Consultant Team. This
assessment also complies with the policy directives of the City of Fort Collins Natural
Areas Policy Plan (Natural Resources Division, 1992) and design and mitigation
guidelines presented in the Natural Areas Design Guidelines and Mitigation Manual
(Natural Resources Division, 1993). All references are cited at the end of this report.
2
. Fossil Creek Estates PUD
Assessment of Natural Area Impacts
APPLICABLE POLICY, RESOURCE MANAGEMENT AND DESIGN
CONSIDERATIONS
The policy and resource management bases for the identification, value, and protection
of natural areas (wetland and wildlife habitats) within the Fort Collins Urban Growth
Area are defined in the City of Fort Collins Natural Areas Policy Plan. Relevant to this
assessment, the Natural Areas Policy Plan details the natural features, challenges, and
opportunities of the Fossil Creek Natural Resource Area.
The assessment and mitigation (if required) of site impacts to wetland and wildlife
habitats within the Urban Growth Area, as well as site impacts within the City's Natural
Resource Areas (including Fossil Creek) are defined in the Natural Areas Design
Guidelines and Mitigation Manual, specifically Section IV, Design and Mitigation
Guidelines, and Section V, Natural Resource Areas and Guidelines.
The assessment and mitigation of any impact to a wetland or wildlife habitat within the
Urban Growth Area is addressed in Section IV. Section V addresses an additional
"protective overlay" to the recommendations of Section IV based on ecological land unit
principals of the City's Natural Resource Areas. Relevant to the Fossil Creek Natural
Resource Area, the Manual addresses specific objectives, habitats and species of special
concern, opportunities for restoration and enhancement, specific wildlife guidelines and
specific wetland and riparian guidelines.
WETLAND RESOURCES
The Natural Areas Design Guidelines and Mitigation Manual (the Manual) has been
referenced where applicable in regard to wetland mitigation. References to the Manual
are cited by section. Although the Manual focuses on the city's Natural Resource Areas,
its guidelines are certainly applicable to wetlands outside of designated Natural Resource
3
Fossil Creek Estates PUD- Final, #50-92F
June 27, 1994 P & Z Meeting
Page 3
evaluated for compliance of the overall PUD with the Solar
Orientation Ordinance.
The property is located near rural county land, which is located
within the Fort Collins Urban Growth Area.. The large residential
lots to the north (The Ridge) are separated and buffered from this
parcel by the one-half mile wide City open space area. The large
residential lots to the east are separated from this site by
Shields Street, an arterial street with a 100' ROW. An irrigation
lateral and open space/pedestrian access tract separates this
property from the undeveloped rural property and single family
residence to the south.
In addition, the parcel outside the UGA boundary to the west is
being developed with single family lots in the County. There are
also two square miles of land within the City limits, zoned rlp,
located one mile south of this site which are anticipated to
develop out at urban level densities and with urban level land
uses, including single and multi -family residential, commercial,
office, industrial, school, and park uses.
The proposed land use of low density single family and patio home
lots is compatible with surrounding existing and proposed land uses
within the Fort Collins Urban Growth Area.
3. Conditions of Preliminary Approval
Staff has reviewed the final plans for compliance with conditions
of preliminary approval. Conditions applicable to this phase (not
all of the conditions of preliminary apply to this phase and
therefore those conditions are not listed) include the following:
1. That the developer provide erosion control protection of
the Cathy Fromme Prairie site 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 practices.
This condition has been addressed with the erosion control plan,
drainage and grading plan, and final utility plans. In addition,
the two lots adjacent to the Fromme Prairie include a 20'
buffer/utility easement.
2. That the developer identify formal defined limits to
areas where construction disturbance will be allowed in
the vicinity of the Cathy Fromme Prairie, and
construction disturbance will not be allowed outside of
those defined limits.
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
Areas. Additionally, in this specific review, there is a high potential for wetlands within
the Cathy Fromme Prairie Natural Area to be adversely affected by adjoining
development. The Manual applies to resources that cross political boundaries (i.e.,
occur both within and outside the Natural Resource Areas), as is the situation under
review for the Fossil Creek Estates PUD.
Assumptions
The following assumptions have been made:
1. For the purposes of this review, the wetland delineation on the Preliminary Plat,
Site and Landscape Plan (September 27, 1993) accurately depicts all wetlands
within the proposed Fossil Creek Estates PUD that meet the criteria of the 1987
Corps of Engineers wetland delineation manual.
2. The acreage calculations stated for the wetlands on the Preliminary Plat are
accurate.
3. The Preliminary Plat represents the maximum extent of practicable avoidance and
minimization of direct adverse impacts to wetlands. No attempt was made by the
consultant team to redesign lots to further avoid or minimize direct adverse
impacts to wetlands.
Wetland Impacts
T.R. Boss' Conceptual Mitigation Plan states that "FCE's site plan shows the filling of
1.02 acres of wetlands" (i.e., direct impacts to wetlands). The Preliminary Plat indicates
0.94 acres. T.R. Boss' assessment does not address indirect impacts to either the
wetlands that are intended to remain within the proposed subdivision or the adjacent
wetlands to the north within the Cathy Fromme Prairie. Indirect impacts to wetlands
within the proposed Fossil Creek Estates PUD and the adjoining Cathy Fromme Prairie
need to be addressed.
4
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
The primary concerns for the wetland complex that occurs within the Cathy Fromme
Prairie and proposed Fossil Creek Estates PUD are hydrologic modification, nutrient
loading, and toxicant retention and assimilation. Subdivision development will greatly
increase the amount of impervious surface in the area and increased stormwater and
landscape irrigation return flows will carry increased levels of nutrients and toxicants as a
result of homeowner applications of fertilizer, pesticides and herbicides. It is
inappropriate to have drainage collection systems deliver this water untreated to the
wetland complex that borders the Cathy Fromme Prairie (Manual, IV.C.1., Water
Quality).
Hydrologic modification (either an increase or decrease in the amount and timing of
water to the wetlands) will result in alterations to the wetland complex. Significant
increases in nutrients delivered to the wetlands can result in changes in species
composition. The accumulation of toxicants in the wetland could increase the
introduction of toxicants into the food chain of the Natural Area.
The effects of changes in both water quantity and quality that drain to the wetland
complex that straddles the boundary between the Natural Area and the proposed
subdivision must be addressed. Water quantity issues also include changes to ground
water levels that could be affected by drain systems intended to lower ground water
levels to accommodate basements and bedded sewer lines that could unintentionally act
as drains and lower the ground water table (Manual, IV.C.2., Inundation or Drainage).
Wetland Mitigation Plan
T.R. Boss states that the wetland mitigation plan is conceptual, so this assessment's
reviews and comments focus on what should be addressed in the mitigation plan at a
5
Fossil Creek Estates PUD
Assessment of. Natural Area Impacts
conceptual level. The Manual describes guidelines for wetland creation (Section
IV.G.6.) The following deficiencies have been identified:
1. The Conceptual Plan should clearly state its goals (i.e., proposed functions,
hydrology, plant communities). The plan should support these goals.
2. There should be a discussion of avoidance, minimization and protection measures.
3. There needs to be more discussion on supportive hydrology for the created
wetland. The Conceptual Mitigation Plan should describe the hydrologic regime
that will support the wetland communities to be established as stated in the
mitigation goals.
4. It is our understanding that the proposed wetland mitigation will occur on lands
within the Cathy Fromme Prairie. A map showing the planned location and
distribution of the wetlands to be created should be submitted. The use of a
natural area to mitigate impacts caused by adjoining private development is an
issue that was not addressed in the Manual, but potentially sets a precedent. We
suggest that the City should consider if such proposed actions should be
addressed singularly as the issues arise, or develop a policy and criteria for
evaluating mitigation proposed for City -owned natural areas (attached is a policy
developed by the City of Boulder).
5. A brief description of the vegetation that presently occurs at the proposed
wetland creation site should be given.
6. Section 2.3, Topsoiling, states "Once the mitigation site has been excavated to
final grade, the vegetation and topsoil from the wetlands that will be lost ... will
be applied to the mitigation site." This will result in a site with a final grade that
is too high above the water table. The mitigation site must be over -excavated to
allow for placement of salvaged wetland soils, which willresult in a final grade.
7. The Conceptual Mitigation Plan needs to address monitoring, reporting
determination of success, and potential remedial measures. It is suggested that
the Conceptual Plan include the following:
• A schedule of reporting milestones;
State that "as -built" conditions will be documented and submitted to the
Natural Resources Division within six weeks of the completion of
7
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
mitigation (i.e., grading and placement of salvaged soils). Extensive
information on documentation of "as -built" conditions are found in Section
IV.C.9.a of the Manual;
• State that annual monitoring reports (five years) will be prepared and will
include the following (Manual, IV.C.9.c., Reporting):
- Report preparer and person(s) performing the monitoring
- Dates of monitoring
- Photographs of the site
- Methods used for monitoring
- Significant changes that have occurred at the site relative to the last
report
- Corrective actions taken since last report
- Recommended future corrective actions
- Judgement of site progress in meeting design objectives
- Documentation of hydrology
- Documentation of success of wetland vegetation establishment
• State how successful establishment of wetland hydrology will be measured.
Success should be tied to depth, duration and plant community, not simply
meeting the 1987 COE delineation manual criteria for jurisdictional
wetlands.
• State what remedial actions will be taken if wetland creation is not
successful.
It is recognized that the Wetland Mitigation Plan thus far proposed is conceptual. It is
recommended that the final Wetland Mitigation Plan include the following:
• An indication of present ground water levels within the area of the
proposed mitigation, including seasonal fluctuations.
• Person(s) responsible for mitigation (name, address and phone number).
• Adjacent land uses: Briefly describe all known present and proposed uses
of mitigation area. Discuss non-native landscape plantings, irrigation
ditches, sub -surface drains, pipelines, powerlines, roads, distance and
location of nearest structures etc., if any, on the properties immediately
adjacent to the property containing mitigation site.
VA
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
• A description of any critical elements and possible problems that may
influence the success of the project.
• Description of techniques for reclaiming areas disturbed by construction
including wetlands, buffer, staging areas and access routes.
• Plans showing pre and post construction grades.
• Plans showing representative cross -sections of mitigation site with
elevations and scale indicated.
• Description of construction techniques that include:
Description of weed control techniques
Location of topsoil stockpiling
Description of earthwork (amounts of cut and fill in cubic yards)
Drainage Plan
The Preliminary Drainage and Erosion Control Report for Fossil Creek Estates PUD
states several proposed actions that are concerns for the wetland complex and Fossil
Creek within the Cathy Fromme Prairie.
1. "Easement acquisition from the City of Fort Collins will be required in order to
extend sanitary sewer service from the project to the existing sewer trunk main
adjacent to Fossil Creek:"
Any easement within the natural area should be carefully reviewed. Extension of the
sanitary sewer line into the natural area should require routing to avoid wetlands if
possible and revegetation of disturbed areas with native species (Manual, IV.D.4.b and
Appendix A).
2. "Groundwater considerations and underground conveyance to the wetlands and
the Fossil Creek channel, are a major issue and design constraint."
It is agreed that the conveyance of additional water to the wetlands is a "major issue." It
appears that there is an assumption that the existing wetlands would benefit from
additional water being directed to them. If this is the assumption, it needs to be
explained how more water will benefit the wetland. It is more reasonable to assume that
a change in the hydrological regime will alter the present wetland complex (Manual,
IV.C.2., Inundation or Drainage).
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
3. "The site is situated within the Fossil Creek Drainage study area. The majority
of the improvements recommended by the study have been installed up to South
Shields Street. The design and installation of these improvements considered
development within the basin and therefore, no detention is proposed at this
time" and "Proposed drainage improvements will convey 100% of storm runoff to
the main Fossil Creek channel, north of Fossil Creek Estates PUD and west of
South Shields Street, maintaining peak discharge points at, or near, historic peak
discharge locations."
Proper on -site detention could improve water quality of runoff prior to its routing to
Fossil Creek within the natural area (Manual, IV.C.1., Water Quality). On -site
detention and treatment should be considered and addressed.
4. "Runoff will be conveyed from the street system, to the main channel of Fossil
Creek via a combination storm sewer and open channels.
a. All runoff will be directed to the designated wetland areas as much as
reasonably possible on the project site."
Why is it assumed that directing water to the wetlands is preferential or beneficial?
Street runoff will contain elevated levels of nutrients, toxics, oil and grease (Manual,
Table IV-1), in addition to increasing flow to the wetland complex (see comments to #2,
above).
5. "Easements and possible ditch improvements are being discussed with users of
the ditch. This, however, has no immediate affect on drainage, erosion control
and/or wetlands considerations."
Seepage from the irrigation ditch that forms the southern boundary of the property
supports wetlands adjacent to the ditch, and may help support wetlands to the north.
Additionally, it appears that there may be some additional wetlands near the confluence
of the Trilby Lateral and Scenic Knolls Ditch that were not identified on the Preliminary
Plat. Therefore, future ditch improvements could adversely affect wetlands.
Conclusions
As presently proposed, and based on the information reviewed, it appears as though the
potential impacts to wetlands within the Cathy Fromme Prairie and the wetlands that
will remain within the proposed Fossil Creek Estates PUD have likely been understated
U
Fossil Creek Estates PUD
Assessment or Natural Area Impacts
as the potential adverse indirect impacts associated with stormwater runoff, landscape
irrigation return flows, increased nutrients and toxicants have not been addressed. It
also appears as though there could be additional direct impacts to wetlands within the
natural area associated with utility construction and stabilization of the wetland channel.
There is not enough information in the Conceptual Mitigation Plan to accurately
determine the location of the wetland creation site and its potential for success.
Recommendations
In general, the following need to be addressed in enough detail that a third party can
understand what is proposed and how it will potentially affect wetland resources.
1. Surface drainage systems that route stormwater and landscape irrigation return
flows.
2. Subsurface drainage systems that could lower the water table or redirect ground
water flows and gradients.
3. The direction of drainage (surface and/or subsurface) to existing wetlands.
Recommended Mitigative Measures
The following mitigative measures are proposed for the Fossil Creek Estates PUD as
conceptually planned; however, components of the recommendations could also apply to
other development options.
1. Buffer between the proposed PUD and Cathy Fromme Prairie. A buffer area
between the Natural Area and the proposed PUD should be incorporated into
the subdivision design. The buffer would serve as a transition zone between the
Natural Area and the irrigated bluegrass turf of the subdivision and help reduce
nutrient laden runoff from the subdivision to the natural area. Creation of a
buffer would be consistent with the Manual (see V.G.7., Visual Resource
Guideline 2 and IV.C.3.a., Buffer Zones). A buffer could be accomplished in a
number of ways; however, the following is recommended:
• A vegetated strip 25 feet wide, measured from the property boundary
south (i.e., totally contained within the PUD boundary).
10
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
• Any newly planted vegetation within the buffer shouldbe limited to native
species recommended by the Natural Resources Division (see Manual
Appendices A, B, C and D).
• No structures should be allowed within the buffer.
Incorporation of the recommended buffer into the PUD plans will minimize the
effects of landscape irrigation return flows, nutrients, herbicides, pesticides, and
human and pet activities on the natural area as well as providing a visual
transition.
2. Water quality. It appears from the Preliminary Drainage and Erosion Control
Report (Shear Engineering Corp., 1993) that stormwater runoff will be directed to
Fossil Creek and the e)dsting, and presumably, created wetland areas. The
Manual (IV.C.1., Water Quality) states:
"In most instances, aquatic, wetland and riparian habitats should not be used
for treatment of wastewater or stormwater runoff unless specifically constructed
primarily for the treatment of wastewater or stormwater. Proper treatment of
wastewater and stormwater prior to its discharge into naturally occurring
wetland and riparian habitats will reduce enrichmentleutrophication, organic
loading, reduced dissolved oxygen, salinization, sedimentation, and turbidity."
It is recommended that on -site detention be used to minimize the contribution of
sediment and other constituents to Fossil Creek or wetlands.
3. Ground water controls. Systems intended to control ground water levels should
not be incorporated into the PUD plans unless it can be demonstrated that such
systems will not lower ground water levels in nearby wetlands.
5. Buffer. A buffer greater than 10 feet should be considered for the Tract E
wetland.. We recommend a buffer width of 75 feet (Manual, IV.C.3.a).
6. Ground water levels. Ground water levels of the wetland within the Cathy
Fromme Prairie should be monitored to determine potential effects from the
Fossil Creek Estates PUD. Monitoring should include an adequate pre -
development baseline.
11
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
BALD EAGLE/RAPTOR IMPACTS
Potential impacts to bald eagles and other raptors resulting from the development of the
Fossil Creek Estates is an issue of high concern. Bald eagles are protected by the
Endangered Species Act and any action that could jeopardize their continued existence
should be coordinated with the U.S. Fish and Wildlife Service. Though this assessment
applies to all raptors using the Cathy Fromme Prairie and surrounding areas, potential
impacts to bald eagles are emphasized.
The discussion of potential impacts and mitigation is organized as follows:
• Future bald eagle use of the winter roost and perch site assuming Fossil
Creek Estates is not developed.
• Future bald eagle use assuming Fossil Creek Estates is developed.
• Establishment of alternative winter roost and perch sites.
• Bald Eagle Use of the Cathy Fromme Prairie if the Roost/Perch Site is
Abandoned.
It should be stated at the onset that there is little certainty regarding bald eagle issues
near the Cathy Fromme site. Even among experienced field biologists, opinions
regarding the future behavior of bald eagles using this site are likely to differ to some
degree, given the various potential impact scenarios that are possible. Because of the
unpredictable behavior of this wide-ranging predatory bird, the proper decision regarding
management will be difficult.
Future Bald Eagle Use Without Fossil Creek Estates Development
If bald eagles had been using the recently identified roost site for many years, it is
reasonably certain that they would continue to do so for years to come, given no
appreciable change in the prey base or in human disturbance factors. Based on the
12
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
understanding that winter roosting at the site south of the proposed development was
first observed this past winter (1994), it is quite possible that bald eagles will use this site
again. This is a significant observation and this first-time occurrence should not be
dismissed as a random event. However, the eagles may not use the site again, even
without the development of Fossil Creek Estates. Therefore, the potential expenditure
of large sums of money to protect the roost site presents some risk.
Future Bald Eagle Use With Fossil Creek Estates Development
Assuming bald eagles continue to use the winter roost and perch site, it is possible, and
perhaps likely that this usage would continue provided a one -quarter mile buffer were
established and no development activity or human use during winter months occurs
within this buffer zone.
Because the development of the Fossil Creek Estates would significantly intrude within
this buffer zone, the probability. that the bald eagles would use the winter roost and
perch site is very low. Occasional perching might be anticipated, but regular use for
perching or roosting would be unlikely. Additionally, with the construction of an east -
west subdivision arterial road between the winter roost and perch site and the Cathy
Fromme Prairie, the probability of bald eagles continuing to roost or perch in the trees
would become increasingly low.
Establishment of Alternative Winter Roost and Perch Sites
As a form of mitigation, artificial perch structures, e.g., wooden poles or large dead
trees, could be placed within the Cathy Fromme Prairie. However, it is unlikely that this
would provide a viable mitigation or habitat enhancement option. There are numerous
power poles and fence posts in the vicinity of the roost site and the Cathy Fromme
13
Fossil Creek Estates PUD- Final, #50-92F
June 27, 1994 P & Z Meeting
Page 4
This condition has been addressed on the site plan and final
utility plans. The area will be staked prior to construction.
3. That the developer cooperate with the City to provide
information to potential homeowners regarding the
environmental sensitivity of the Cathy Fromme prairie.
Specifically the developer shall:
a. delineate the boundary of the Cathy Fromme Prairie on
the final plat and include the following notation- City
of Fort Collins, Cathy Fromme Prairie- Sensitive Natural
Area, Access Restricted.
b. - include the boundary and notation above on maps
developed to assist in marketing the development.
c. provide potential homeowners with information on the
sensitive resources' of the Prairie and access
restrictions and other management plans which may pertain
to the area, such information shall be provided by the
City (when available from the Natural Resources
Department).
d. allow the City to install signage and other
appropriate notices regarding public use of the Prairie
on fences constructed on the perimeter of the Prairie.
The developer has agreed to this condition, as per notes on the
site plan and plat.
4. That off -site drainage easements be obtained and approved
by City Council prior to final approval (and filing of
utility plans).
5. That an off -site right-of-way dedication, for a portion
of Fossil Creek Drive, be approved by City Council prior
to final approval (and filing of utility plans).
The developer has submitted legal descriptions and drawings of the
required easements and right-of-way. Natural Resources Department
will submit these requests to Council only after the Final PUD has
Planning and Zoning Board approval. The utility plans and
subdivision plat will be filed only upon Council approval of these
easements and ROW dedication.
6. That any variances to City Street Standards, such as
grades, widths, curves, medians, etc. be approved by the
Engineering Department prior to final approval (and
filing of utility plans).
No variances are required with this first filing.
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
Prairie. The addition of more structures is likely to be of little merit and such structures
would be a visual intrusion within the Prairie.
Bald Eagle Use of the Cathy Fromme Prairie if the Roost/Perch Site is Abandoned
Assuming that human use of the Prairie is well managed, bald eagles will likely continue
to use the Cathy Fromme Prairie if the winter roost site is abandoned. The prey base
on the Prairie is substantial and the area is large. Based on the findings of field work
for the site and region performed by the Natural Resources Division and others, it is
clear that the site is used by wintering bald eagles regularly and apparently has been
used regularly for some years. The winter roost/perch site is not likely to be critical to
the continued existence of wintering bald eagles in the area, although the use of the
trees, particularly for roosting, probably increases the frequency of hunting on the Cathy
Fromme Prairie. The continued use of the Prairie by bald eagles is biologically
significant and provides valuable observation opportunities. The mere presence of
eagles perching or roosting is in itself a visual attraction worth every effort to preserve.
Supplementing this assessment, it is recommended that the Colorado Division of Wildlife
and the U.S. Fish and Wildlife Service also be consulted and possible recommendations
also be considered, as both agencies have personnel with expertise in bald eagle
management.
ACCESS TO THE CATHY FROMME PRAIRIE
The Cathy Fromme Prairie Management Issues Report (Natural Resources Division,
1993) identifies access to the Prairie as a significant management issue. The Prairie
functions as both a natural area and an open space area. The Management Issues
Report, as well as comments from Fort Collins citizens, including neighbors of the
Prairie, indicate diverse opinions regarding appropriate access to the Prairie. The
14
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
Report clearly recognizes the importance of regulating types of uses, accessibility, and
time of use as important considerations in minimizing impacts to the prairie dog raptor
food base and use by raptors. Additional impacts may result from unregulated access to
the Prairie. The Management Issues Report also recognizes the difficulty in regulating
access to the Cathy Fromme Prairie as a natural/open space area and the further
difficulty in enforcing regulations.
The proposed Fossil Creek Estates design would result in 16 lots fronting directly onto
the Prairie. Without regulations, and possibly physical barriers, the Prairie could
function as a "backyard open space" to these lots. The additional lots within the
proposed development would also create a larger potential user group who may want to
access the natural area. Without access regulations, informal recreational use of the
Prairie by neighboring residents, children, and pets would be expected and adverse
impacts to resources would occur. The proposed buffer zone between the PUD and the
Prairie could further exacerbate access problems by providing a commonly owned
corridor outside of individually owned yards accessible to anyone. Options to controlling
or minimizing access would include the following:
1. Posted regulations could restrict access to developed trails and planned
observation/use areas. Self -policing, combined with enforcement by City
personnel could attempt to assure that informal access is prevented.
2. Though possibly undesirable from policy, aesthetic, and maintenance
considerations, fencing could be constructed along the southern portion of the
Prairie preventing informal access from the proposed Fossil Creek Estates into
the Prairie.
3. The proposed Fossil Creek Trail could be aligned along the southern edge of the
Hahn portion of the Prairie adjacent to the proposed Fossil Creek Estates
(Alternative II in the Management Issues Report). A limited number of access
points from the proposed development to the trail could be planned. Users could
access the Prairie only by means of the trail and additional access restrictions
within the Prairie would apply.
15
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
4. The recommended buffer zone between the proposed development and the
Prairie could be used as an informal viewing area, allowing observation of the
Prairie without actual access.
POTENTIAL PROJECT ALTERNATIVES
Potential project alternatives exist which could avoid or minimize impacts to the
wetlands, and to the eagle perch/winter night roost site by maintaining an adequate
buffer between development and the site. There are both pros and cons to each of the
potential alternatives.
It should be noted that an effort to create an adequate buffer to protect the night roost
site from activities associated with the proposed Fossil Creek Estates could be
undermined by development to either the west or south of the roost site. Although
there are currently no development proposals for lands to the south of the proposed
Fossil Creek Estates, a development is being proposed for the parcel between the west
boundary of the proposed Fossil Creek Estates and Taft Hill Road. Such an action
could result in a significant impact to the roost site. The long-term disposition of the
Robbins Property and land use surrounding the roost site may also adversely impact the
site.
Option #I:
One option would be to scale back the size of the proposed development. The intent
would be to reduce the extent of the development and limit construction to the area
between S. Shields Street and the ridge line which is located approximately at the
separation between the proposed Phase I development and Phases II and III. To
partially offset the reduced project size, the City could consider allowing the developer
to build at higher densities than what is currently being proposed.
16
Fossil Creek Estates PUD
Assessment or Natural Area Impacts
Pros:
1. The 2.55-acre wetland would not be impacted.
2. The night roost site may not be impacted as there would be an approximately 1/4
mile buffer between the western boundary of development and the roost site.
Also, because of the topographic break at the ridge line, the development would
be partially screened from the roost site.
3. Storm drainage impacts on Fossil Creek would be reduced.
4. The proposed development would support the City's desire to promote a mix of
housing types and density levels, including higher density development.
5. The development would have less visual impact on the Cathy Fromme Prairie.
6. The City could acquire the undeveloped (western) portion of the parcel and add
it to the Cathy Fromme Prairie.
7. The City could develop an eagle observation area to the west of the proposed
development.
Cons:
1. The developer may determine that the reduction in project extent makes the
project economically unfeasible.
2. The City would have to bear the cost of acquiring the western portion of the site.
This acquisition cost would preclude the use of these funds for acquisition
elsewhere.
3. Neighboring residents may oppose a proposal to increase the density of the built
portion of the site.
4. The City may still not have fully protected the roost site due to other potential
development.
5. Development of the eastern portion of the site may place restrictions on the
development of an optimally sited eagle observation area and may restrict views
from such an area.
17
. Fossil Creek Estates PUD
Assessment of Natural Area Impacts
6. Increased density may make it more difficult to establish a buffer between the .
Cathy Fromme Prairie and the proposed development.
Option #2:
Negotiating an agreement beneficial to all three parties, the City could acquire a portion
or all of the property to the north of the Cathy Fromme Prairie, east of Taft Hill Road
and west of existing development. The City could then acquire the Fossil Creek Estates
site and sell the developer a comparable parcel of the newly acquired area and permit
the development to proceed.
Pros:
1. None of the wetlands would be impacted.
2. The grove of trees and the night roost site would not be impacted.
3. Storm drainage impacts on Fossil Creek may be reduced.
4. The acquired Fossil Creek Estates parcel could be added to the Cathy Fromme
Prairie.
5. Depending on the extent of the land acquisition to the north of the Prairie, a
sizable parcel of undeveloped land could be added to the Prairie.
6. Dependant on the location of the new development parcel to the north of the
Cathy Fromme Prairie, visual impacts on the Prairie could be significantly
reduced.
7. The new development would be more contiguous with existing development
resulting in less fragmentation of the total landscape unit around and including
the Cathy Fromme Prairie.
8. An eagle observation area could be constructed on the undeveloped Fossil Creek
Estates parcel.
18
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
Cons:
1. This alternative places the City in a real estate brokering position with its
attendant administrative and legal difficulties.
2. Land acquisition costs incurred by the City may be high or prohibitive. This
expenditure would also preclude the use of these funds for the acquisition of
other important resource areas elsewhere within the Urban Growth Area.
3. The City may still not have fully protected the roost site due to other potential
development.
Option #3:
Option #3 represents a variant of Options #1 and #2. Under this scenario, the
developer would be permitted to develop the eastern portion of the proposed Fossil
Creek Estates as discussed under Option #1. This would provide the first development
pod. The City and/or the developer would then attempt to negotiate the acquisition of a
parcel of land in the area to the north of the Cathy Fromme Prairie in a manner similar
to what is described in Option #2. This area would provide the developer with a second
development pod to compensate the loss of the western portion of the proposed Fossil
Creek Estates. Potentially higher acquisition costs for the second development pod
could be offset by the City.
Pros:
1. The 2.55-acre wetland would not be impacted.
2. The night roost site may not be impacted as there would be an approximate 1/4
mile buffer between the western boundary of development and the roost site.
Also, because of the topographic break at the ridge line, the development would
be partially screened from the roost site.
3. If storm drainage is more dispersed, storm drainage impacts on Fossil Creek may
be reduced.
19
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
4. The development would have less visual impact on the Cathy Fromme Prairie.
5. The City could acquire the undeveloped (western) portion of the parcel and add
it to the Cathy Fromme Prairie.
6. Though the development would be segregated into two pods, the total number of
permitted housing units may remain the same. Depending on density
requirements for the first pod (Phase I of the proposed Fossil Creek Estates) and
the size and density requirements of the second pod, the number of permitted
housing units could increase.
7. The City could develop an eagle observation area to the west of the proposed
development.
Cons:
1. Depending on the number of permitted housing units, and other considerations,
the developer may realize significant cost inefficiencies in developing two isolated
pods. These inefficiencies may make the project(s) economically
unfeasible.
2. The City would have to bear the cost of acquiring the western portion of the site.
This acquisition cost would preclude the use of these funds for acquisition
elsewhere.
3. Purchasing only a portion of the total site to the north of the Cathy Fromme
Prairie may be unacceptable to the owner. Also, land acquisition costs may be
high or prohibitive to the developer and/or the City. If City funds are used to
acquire the northern pod for resale to the developer and significantly higher land
costs are incurred, or City funds are used to offset potentially higher lands costs
incurred by the developer, these funds would not be available for natural
areas acquisition elsewhere in the City or the Urban Growth Area.
4. The City may still not have fully protected the roost site due to other potential
development.
5. Development of the eastern portion of the site may place restrictions on the
development of an optimally -sited eagle observation area and may restrict views
from such an area.
20
Fossil Creek Estates PUD
Assessment or Natural Area Impacts
Option #4:
An additional option would be for the City to purchase the proposed Fossil Creek
Estates parcel as a natural areas acquisition and merge the management of the parcel
with the management of the Cathy Fromme Prairie.
Pros:
1. None of the wetlands would be impacted.
2. The grove of trees and the night roost site would not be impacted.
3. Storm drainage impacts on Fossil Creek associated with the proposed Fossil
Creek Estates would be eliminated.
4. The acquired Fossil Creek Estates parcel could be added to the Cathy Fromme
Prairie.
5. There would be no visual impact on the Cathy Fromme Prairie.
6. An eagle observation area could be constructed on the undeveloped Fossil Creek
Estates parcel.
Cons:
1. The acquisition cost would preclude the City from using these funds to acquire
natural areas elsewhere.
2. Though recouping land acquisition costs, the developer is denied the opportunity
to develop Fossil Creek Estates. Though comparable acquisition and
development areas may be available to the developer, this is speculative. A
hardship is placed upon the developer to secure such a parcel. If the
developer is unable or unwilling to secure another development parcel, a housing
provision opportunity is lost within the City.
3. The City may still not have fully protected the roost site due to other potential
development.
21
Fossil Creek Estates PUD
Assessment of Natural Area Impacts
Potential Impacts of Project Alternatives:
The project alternatives identified above may result in impacts to wetland or wildlife
habitats, specifically Options #2 and #3. This would be dependant on the, location of
relocated development under Option #2 or the location of the second development pod
under Option #3. A thorough evaluation of potential wetland or wildlife impacts
associated with any project alternative would have to be conducted to weigh its merit
relative to impacts identified with the proposed Fossil Creeks Estates.
22
. Fossil Creek Estates PUD
Assessment of Natural Area Impacts
REFERENCES:
City of Fort Collins Natural Areas Policy Plan, Natural Resources Division, 1992.
Natural Areas Design Guidelines and Mitigation Manual, City of Fort Collins,
Natural Resources Division, 1993.
Cathy Fromme Prairie Management Issues Report, City of Fort Collins, Natural
Resources Division, 1993.
Fossil Creek Estates PUD. Preliminary Plat, Site and Landscape Plan, Jim Sell
Design, Inc., September, 1993.
Preliminary Drainage and Erosion Control Report for Fossil Creek Estates PUD,
Shear Engineering Corporation, September, 1993.
Conceptual Wetlands Mitigation Plan for the Fossil Creek Estates PUD, TR Boss
Environmental and Biological Consulting, October, 1993.
Memorandum from Tom Shoemaker, Natural Resources Director, to Mayor,
Councihnembers and City Manager, February 18, 1994.
Letter from Tom Shoemaker, Natural Resources Director, to Carter Ewing,
Managing Partner, Fossil Creek Partners, February 18, 1994.
Winter Raptor Use of Urban Prairie Dog Colonies, Karen M. Manci, City of
Fort Collins, Natural Resources Division, C.F.O. Journal, Abstract,
October, 1992.
Letter from Jerry Craig, State Raptor Biologist, Colorado Division of Wildlife, to
Karen Manci, City of Fort Collins Natural Resources Division, August 27,
1993.
23
Fossil Creek Estates PUD- Final, #50-92F
June 27, 1994 P & Z Meeting
Page 5
7. That the Phase I line be changed so that the First Filing
drains to the east, rather than the west to the large
wetland, so conditions may be attached to individual
phases as appropriate.
This condition has been addressed. All of the lots in this phase
drain to the east. Stormwater flows are directed to the Shields
Street ROW and outflow into Fossil Creek at Shields Street. The
Fromme Prairie and the large wetland are not impacted by stormwater
flows from this filing.
4. Design
The site plan consists of 38 lots, ranging in size from
approximately 6,000 sf to 16,000 sf. Ten lots are for traditional
custom single family homes. The remaining 28 lots are for patio
homes with zero lot lines and privacy patios, with shared driveway
access and commonly maintained landscaped areas.
The site is bordered on the north by the Cathy Fromme Prairie and
on the south by the Scenic Knolls Irrigation Ditch. The site has
frontage on Shields Street. All lots will take access off of local
streets. Fossil Creek Drive, a local street, is designed as a
boulevard with landscaped medians and full travel lanes on either
side. It is designed to address fire access and to provide a
distinctive entry to the project. Fossil Creek Drive is the major
spine through this site and provides access to future filings. Two
public cul-de-sac streets and three private cul-de-sac driveways
provide access to lots, with the exception of Lots 37 and 38, which
have access directly onto Fossil Creek Drive.
Lot line fencing will be restricted to a uniform three rail fence,
with the exception of rear lot line fencing along Shields Street.
A 6' wood and masonry fence will be constructed along Shields
Street by the developer. Individual privacy fencing is permitted
around the patio areas, to match materials and colors of the house.
Private green belts and active recreation areas are provided in the
interior of the project. An unpaved pedestrian/equestrian path
will be constructed along the irrigation lateral and ditch. The
Shields Street landscaping and all landscaping of common open space
areas and tracts will be maintained by a Homeowner's Association.
Pedestrian access is provided to the open space areas, equestrian
path, and to the Cathy Fromme Prairie. These access points are not
paved as they do not connect to paved trails. Sidewalks are
provided throughout the site and will connect to the detached walk
constructed along Shields Street.
Residential street lighting will be provided, as per City Light and
Power standards.
'.� rffY �)r ilt)UL�I:ft nPC4 SP xC . 110mv) or'Cl1USTF.CS POLICY
,t13 " M11"' \TIDY t�li"UFS'IS ON OPL'Y SPA(;F.
1Vl
:\DOPY?D �1:1Y l�l, t99"
1, Intr��duction. This "404" mitigation policy is intended to be consistent with the
primary purpose of the Open Space program, which is to preserve and protect Othe
pen
Space hind foe [he benefit of the public. Therefore, the policy does not favor tics
use of Open Space land for the financial benefit or convenience of private p
or public agencies. Any sale of Open Space land for this purpose is discouraged.
This policy provides a fnechanism for Open Space Board of Trustees ("OSBT") to
mtig. The
review plans to utilize Open Space lands for purposes of "4041133 (U S C.n§1344)
federal "404" prop am (derived from the Clean :Pater act,
ion of most wetlands without a 11404" permit issued by the
prevents the destruct
cccps of Engineers. Sucii permits generally require mitigation by the permittee.
Typically, mitigation is achieved by the creation of new wetlands or other wildlife.
habitat.
on select
en
Although the OSBT may, undernizes somethat tlie c ccumstances,on of be be eficfialsthe OSBT is uOnder
Space property may,
no obligation to approve such use on Open Space lands.
catfon halllnoticonstitute
will be
individually reviewed, and the approval of any such app
a precedent for decisions on future applications.
This policy is applicable to all persons, as defined in Section 1-2-1, B.R.C. 1981,
including all city departments and other governmental entities.
It. aoolication Process.
A. An applicant either for an easement on Open Space property or for the
purchase of Open Space property for wetlands mitigation must submit
the followin; documents to the Department of Real Estate and Open
Space ("staff") at least 30 days prior to the OSBT meeting at which
consideration of the request is sought:
1. A written statement describing the proposed project, the
wetlands to be destroyed and their location, the work
schedule for the entire project, and the mitigation that is
proposed to be created on Open Space property in satisfac-
tion of "404" mitigation requirements;
2. An environmental inventory of the Open Space property
proposed to be used;
3. A map detailing the location and a schematic diagram of the
proposed wetland location and also a map indicating the
location of the wetland to be destroyed;
4. Complete plans for the establishment and maintenance of
the wetland or habitat area on Open Space land,including
nl
the water source, grading, planting, and any
maintenance such as water and weed control during esta-
blishment of the vegetation that would be required;
1.
a. 1 statefncnt explaining the need for the 11404" mitigation,
which includes the following information:
(a) Alterniative methods and alternativelocations
for the mitigation.
(b) The cost to the .applicant if the Open Space
easement or purchase is granted.
(c) The costs of alternative methods and locations.
(d) Any benefits perceived by the applicant to
accrue to a broader group or to the public as a
whole by virtue of the granting of the request.
G. any other items reasonably requested by the staff.
B. If the request is for an easement, the applicant must satisfy the City of
Boulder Open Space Board of Trustees' Policy for Easement Requests on
Open Space dated Yovember 13, 1985, including the Charter review
process.
C. Any items submitted in an application may be retained by the City of
Boulder.
D. For purposes of this policy, any trade of land will be considered a
"sale."
IIL Referral to the Open Soace Board of Trustees. The application to utilize Open
Space land for the purposes of satisfying "404" mitigation requirements, will be
referred to and considered by the OSBT if the following criteria have been met:
A. All required documents have been timely received; and
B. The Open Space Board Chair and the Director of the Real Estate and
Open Space Department concur that the proposal will benefit Open
Space land. If the Board Chair and Director do not so concur, the
applicant may appeal that decision to the OSBT within 30 days of the
denial, and the OSBT must hear the matter at its first regularly
scheduled meeting which occurs at least 15 days after receipt of such
appeal. The OSBT also has the authority to call up an item for review
on their own motion.
IV. Consideration by the Open Space Board of Trustees. The OSST will consider, at a
public meeting, all applications that meet the criteria in Paragraph III. The OSBT
will consider the following factors in determining whether or .not to recommend to
City Council that an easement or any other interest be granted on Open Space land
for the purposes of 11404" mitigation:
A. Whether there is sufficient need for the use of Open Space land for
mitigation. In determining that such need exists, the Board will
`j consider, without limitation, any alternatives available to the applicant,
L'
the co,t of ;uch alG!rnatives, anti the purposes for which the casement
or Sn1e is requested;
3. The dc;ree to which the proposed mitigation will change the appear-
ance and condition of the Open Space land;
C. Whether the proposed use of the mitigation interferes with use of the
land for Open Space purposes;
D. Whether the proposed mitigation is consistent with the goals of the
Open Space Program as set forth in Section 2-3-9(c), B.R.C. 1991;
E. Whether the entire ecosystem has been considered, and whether the
existing use should be protected as opposed to allowing mitigation,
which is a change of use of the property;
C. Loss of income due to the cancellation of existing leases or other such
activities; and
G. Any other relevant factors.
V. Pavment of Money to the Open Space Fund. In determining the amount of payment
to the fund, the Board shall consider the following factors:
A. Whether the property will remain open to the public; and whether it will
remain Open Space property.
B. The applicant shall pay the cost of all mitigation efforts on Open Space
property.
C. Staff time for work on wetlands mitigation projects shall be reim-
bursed. The minimum fee is $250.00, but should staff time (including
other city employees) exceed that amount, then the fee shallbe for the
actual time spent on the project.
0. Irrespective of any change in the value of the property as a result of
mitigation, the OSBT reserves the right to charge full value for
property.
VI. General Requirements.
A. All plans for work for wetlands mitigation activities on Open Space land
shall be approved by the staff and the OSBT.
B. Applications for mitigation on Open Space land will be considered as a
change of use and/or conveyance by the OSBT, and will thus be subject
to approval by both the OSST and the City Council.
C. Applicants are responsible for obtaining a "404" permit, and they
remain responsible for the mitigation and all other requirements of
3
ti
their iontract with the U.S. Army Corps of Engineers. Thus, after
mitigation has occurred, and even if staff has agreed. to maintain that
property pursuant to paragraph D., the applicant remains ultimately
responsible by contract or deed restriction for meeting the terms and
conditions of the "404" permit.
O. after the completion of a `404" mitigation project, and after accep-
tance of that project by the staff, the staff will be responsible for the
maintenance of that property, except in the case of absolute fee
transfer of land to the applicant. However, should the mitigation area
be destroyed for any reason other than the negligence of the Open
Space Department, the applicant will be responsible for any restoration,
including restoration of physical works (berms, canals, etc.) that may be
necessary in order to continue to fullfill the mitigation requirements of
the "404" permit.
E. any Open Space property disturbed as a result of construction activities
associated with wetlands mitigation projects, shall be restored to a
condition at least equal to its condition prior to the disturbance. All
restoration work must be to a standard and within a time frame
acceptable to the staff.
F. The applicant shall indemnify and hold the City harmless for any losses,
claims, and expenses, including reasonable attorneys` fees, incurred by
the City as a result of any wetlands mitigation activities.
G. The OSBT may impose any other requirements necessary to assure
minimum disturbance and maximum preservation of the Open Space
land resource, and performance by the applicant of any obligation
imposed as a condition of the approval of an easement or the sale of
Open Space property.
OS OS
4
Fromme Prairie Neighborhood Association
May 16th, 1994
Dear City Staff and Planning and Zoning Board Members;
As neighbors of the Fromme Prairie Natural Area, we have some
concerns regarding the final plan for the fossil Creek Estates P.U.D.
which is scheduled for approval at the Planning and Zoning Board meeting
May 23 rd, 1994.
NNre met as a neighborhood group May >th; at this time, we saw the
blueprint,which we assume the developer, Carter Ewing, will be presenting
to the Board Mondav ❑fight. 'Phis is the first time we have seen the plan,
which, as nearly as anyone could recall, had some changes from the plan Mr.
Ewing discussed with us when he atteided our neighborhood meeting March
9th. We have not had the opportunity to have input as a neighborhood on
this plan, dated March 31, since he has not notified us of any further
informational meetings oil the project. We therefore have some questions
and concerns to place before the work session; these are outlined as follows:
1. Ideally, based on information contained in the Assessmant of
Natural AreasImpactsstudy presented by Shalkey Walker Associates and
ERO Resources Corporation, the best plan for the acreage in question would
be no development - outright purchase of the land as an addition to the Cathy
Fromme Prairie.
In the event that city Natural Resources deems this unatainable, we
would like to make the following comments on the development plan being
proposed for Phase I.
?. Mr. Ewing has made no further contact with the Trilby Lateral or
Scenic knolls Ditch Companies regarding necessary mitigations to
insure adequate water delivery in the future. Concerns still exist
regarding liability, safety, and adequate fencing to eliminate public
access to the irrigation ditch. With the widening of Shields which is
required of the developer, have adequate plans been formulated for
preservation of the ditch syphon under the road at the southeast
corner of the property?
(Bv the way, the trees shown at this southeast corner are in fact
on the P.U.D. prope►iv; we have been told that existing trees are
to be preserved, since they are utilized by area raptors. How does
this error affect the placement of lots 1 1, 12, and possibly 13?)
3. The plan calls for an entrance planting on the north side of Fossil
Creek Drive extended; isn't this in the Fromme Prairie itself?
According to city staff, a "symmetrical entrance landscaping is
desirable": this is not the case with either the Applewood Estates
entrance directly across Shields or Scenic Knolls father south. The
use of plant material more suitable to blending with the prairie than
conifers, as suggested in the plan, would be appropriate if this
entrance feature is maintained.
The developer has talked of split -rail fencin4o around the
property perimeter. According to the citv's Community -wide
Criteria report, secticm A-1.12, "The protection and conservation of
major creeks, riparian and wildlife habitat, slopes, and other
sensitive environmental features should be considered and
conserved in the location, design, configuration and mix of housing
types and densities." The type of- fencing suggested by the developer
would do little to discourage human and pet access to the Fromme
Prairie, which is certainly a sensitive environmental feature; we
would like to Sug"Pcst consideration of a strong wood -and -mesh
construction such as the one on the northern boundary of the
Cobblestone Corners development further north along Shields.
In addition, the community -wide criteria report also states, "If
the project includes an irrigation canal or water body, or other
water channel, have: necessary precautions been taken to minimize
hazard to life or property?" The split -rail fence will not prevent
access to this hazard on the properly.
We are also concerned with the developer's proposal to utilize
bluegrass in open areas, which will probably require, the use
of commercial fertilizers for mainta.inance; considering the drainage
of the area into Prairie; wetlands, natural grasses would be a more
appropriate choice.
4. According to the March Kith consultants' report, on -site detention
ponds are necessary to improve the quality of run-off to Fromme
Prairie and Fossil Creek (page 9.) These are not currently evident
in the developer's plan.
>. School crossings and traffic safety still remain a concern to area resi-
dents; street topography with the vision- restricting hill to the south
from the intersection of Shields and Fossil Creek Drive at the
present lime causes a dangerous traffic situation. What prow isio►is
are being made for mitigating the increased danger created by
traffic exiting the development zinc[ pedestrians crossing Shields?
6. The problem of prairie dog management in close proximity to
housing has not been fully addressed. If human impact reduces
natural raptor control of prairie clogs within the fromme Prairie,
what measures will be taken to reduce risk of disease, which ac-
companies colony overpopulation, and how will this impact the
Purpose for which the natural area was purchased: that of pro-
viding education about and observation of a natural sho►tgrass
prairie habitat?
7. The major road proposed in the design (fossil Creek extended)
will pass within 1l4 mile of a winter eagle roost and will impact
potential continued use of said roost (see page 13) of the con-
sultants' report.)
8. We strongly oppose development activity during the winter months
(from late October through early March) as these are times of the
heav iest raptor use of the area.
9. Compatibility is still a neighborhood concern. The Criteria guide
cited in section 2 above also states, "Special care should be taken to
respect the context of the site and the character of surrounding
existing neighborhoods. Intensification and redevelopment must be
balanced with a strong sensitivity to protecting existing neighbor-
hoods." This area has a strong rural, open character south of
Harmonv Road and west of Shields. In keeping with city staff
statements that main arterials can be considered buffers between
types of development, we feel that this area, even though in the
OGA, deserves respect as an open area and should therefore
be developed at a lower density than proposed to remain com-
patible with the surrounding areas, including The Ridge, lower
Clarendon I -lilts, Applewood Estates, Scenic Knolls, fromme
Prairie, and the agricuhural zoning to the south.
Patio fencing only and see -through perimeter fencing are
certainly a step toward maintaining this open feeling; covenants
also need to address height restrictions lower than 40 feet (so as not
to interfere with raptors using property tree perches to scan Prairie
feeding zones).
We would like to see development proposals on Phase I linked
to Phases 2 and ; to insure blending of the phases to preserve the
overall character of the area and its unique wildlife habitat.
These were the major concerns voiced at our recent neighborhood
meeting; it is hoped that you consider them in discussing this proposal.
We think that careful consideration of and sensitivity to the uniqueness of
the surrounding area can result in a compatible development which will
provide additional housing units and yet provide a transition between urban
level densities and county/agricultural densities/use.
Thank you.
Fromme Prairie Neighborhood Association
�ae-e : Saq�iy l�o�b/nS
Fossil Creek Estates PUD- Final, #50-92F
June 27, 1994 P & Z Meeting
Page 6
8. Transportation and Engineering
The Transportation Division Staff has reviewed the Site Access
Study submitted with this development proposal and finds that the
project is feasible from a traffic standpoint. The median and full
width drive lanes along Fossil Creek Drive are necessary to meet
Poudre Fire Authority's requirements for two points of access. The
public streets meet the City's design standards.
RECOMMENDATION
In reviewing the proposal, staff makes the following findings of
fact:
1. The Fossil Creek Estates PUD Final is in substantial
conformance with the approved preliminary PUD.
2. The request meets requirements of the LDGS, including the
applicable criteria of the All Development Chart.
2. The density is in compliance with the density allowed by the
zoning ordinance.
3. The overall Fossil Creek Estates Preliminary PUD is in
compliance with the solar orientation ordinance, although lots
in this first filing have a compliance of 61%.
4. The land use and design are sensitive to and compatible with
the surrounding land uses.
Therefore, staff recommends approval of Fossil Creek Estates First
Filing PUD Final- #50-92E with the following condition related to
signing and execution of the final engineering documents:
1. The Planning and Zoning Board approves this planned unit
development final plan upon the condition that the development
agreement, final utility plans, and final P.U.D., plans for
the planned unit development be negotiated between the
developer and City staff and executed by the developer prior
to the second monthly meeting (August 22, 1994) of the
Planning and Zoning Board,following the meeting at which this
planned unit development final plan was conditionally
approved; or, if not so executed, that the developer, at said
subsequent monthly meeting, apply to the Board for an
extension of time. The Board shall not grant any such
extension of time unless it shall first find that there exists
with respect to said planned unit development final plan
certain specific unique and extraordinary circumstances which
require the granting of the extension in order to prevent
exceptional and unique hardship upon the owner or developer of
such property and provided that such extension can be granted
without substantial detriment to the public good.
Fossil Creek Estates PUD- Final, #50-92F
June 27, 1994 P & Z Meeting
Page 7
If the staff and the developer disagree over the provisions to
be included in the development agreement, the developer may
present such dispute to the Board for resolution if such
presentation is made at the nest succeeding or second
succeeding monthly meeting of the Board. The Board may table
any such decision, until both the staff and the developer have
had reasonable time to present sufficient information to the
Board to enable it to make its decision. (If the Board elects
to table the decision, it shall also extend the term of this
condition until the date such decision is made).
If this condition is not met within the time established
herein (or as extended, as applicable), then the final
approval of this planned unit development shall become null
and•void and of no effect. The date of final approval for
this planned unit development shall be deemed to be the date
that the condition is met, for purposes of determining the
vesting of rights. For purposes of calculating the running of
time for the filing of an appeal pursuant to Chapter 2,
Article I1, Division 3, of the City Code, the "final decision's
of the Board shall be deemed to have been made at the time of
this conditional approval; however, in. the event that the
dispute is presented to the Board for resolution regarding
provisions to be included in the development agreement, the
running of time for the filing of an appeal of such "final
decisionis shall be counted from the date of the Boardes
decision resolving such dispute.
�
ITEM. FOSSIL CREEK ESTATES PU North
Final
NUMBER: 50-92F
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