HomeMy WebLinkAboutPARAGON POINT PUD FINAL - 48 91B - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSSTAFF REPORT
PROJECT: PARAGON POINT P.U.D., Final - #48-91B
APPLICANT: Byron Collins w/ Trustar Inc.
#1 Old Town Square
Fort Collins, CO. 80524
OWNER: Lutheran Church Extension Fund
Missouri Synod
1333 South Kirkwood Road
St. Louis, Missouri
PROJECT DESCRIPTION:
A request to plat 148 acres into various tracts of land for mixed
use. The Final Site & Landscape Plan for Phase 1 consists of 62
single family homes, a neighborhood park, and park/open space on
38.5 acres. Phase 1 is in the northeast & northwest corners and the
west central portion of the PARAGON POINT P.U.D. The site is
located at the northeast corner of the intersection of Lemay Avenue
and Trilby Road. This proposal is south of and adjacent to
Southridge Golf Course. The property is in the rlp, Low Density
Planned Residential zoning District.
RECOMMENDATION: Approval with a condition
EXECUTIVE SUMMARY:
This is a request for 62 single family residences, a 3.4 acre
neighborhood park, and 9.6 acres of park/open space on 38.5 acres.
The 3.4 acre neighborhood park site is being proposed, by the
developer, to be dedicated to the City in the future. Access to the
planned areas in Phase 1 will be from South Lemay Avenue and a
southward extension of the existing Southridge Greens Boulevard. A
channel stabilization study and a master plan study update for
Fossil Creek are to be completed by the developer prior to approval
of a next phase. Significant issues concerning the habitat for
birds of prey and prairie dogs on this site do exist. The applicant
has developed and submitted a Natural Resource Management Plan to
the City for review, with cooperation from the Natural Resources
Division. Staff recommends approval of this plan.
DEVEIAPMENT SERVICES 300 LaPorte Ave. P.O. Box 580 Fort Collins. CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT
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Subject: Paragon Point PUD Appeal
Sender: Warren JONES / CFC52/01 Contented 2,
FROM: Warren .TONES / CFC52/01
Part 1.
FROM: Warren JONES / CFC52/01
TOt DISTRIBUTION
Part 2.
To: Questions
CC: Steve Olt
John Mulligan
From: Warren Jones
Re. Paragon Point PUD Appeal
Our records show that when the Southridge Greens PUD was approved
in the early 1180s a "temporary emergency access lane" was approved
to serve as a second point of access for this project. It was
expected at that time, that Southridge Greens Boulevard would
continue to the south when additional development occurred. This
future connection has been shown on master plans since then, including the
amended master plan in 1990.
Special emergency access lanes are the least preferred method of
providing access for emergency purposes. They are difficult to
maintain and identify over the long term. This deterioration is
already occurring at the eastern and of the existing emergency
access lane. Over time, landscaping matures and obscures a fire
lane, residents object to the dead spate, and severe weather
conditions make them especially hard to use.
In some cases we have allowed temporary access lanes where the
street network will solve the problem when it is ultimately
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developed. This is the case with Southridge. It is my
understanding from those who were involved with the early
development of Southridge that the existing access lane was a
solution to a short --term problem. We continue to believe that the
street connection is the correct long-term solution to the access
issues presented by both developments.
End of Item 41.
Intray >
STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNrrY EMPLOYER
Perry D. Olson, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
Mr. Tom Shoemaker
Natural Resources Department
City of Fort Collins
P O Box 580
Fort Collins, Colorado 80526
Dear Mr. Shoemaker:
NORTHEAST REGIONAL OFFICE
317 West Prospect
Fort Collins, Colorado 80526
(303) 484-2836
February 24, 1992
REFER TO:
GO��O
ON0F`I`"
For Wildlife -
For People
This is in response to your two questions. First, you asked for an
explanation of our list of Species of Special Concern. This has
been an evolving document in the Colorado Division of Wildlife. The
initial list was generated in a workshop in September 1985. The
workshop participants included DOW biologists, other professional
biologists, and knowledgeable citizens. The intent of the Division
was to use the workshop product as guidance in establishing internal
nongame program priorities.
In May, 1990 our professional nongame staff met with other
biologists and again addressed "Species of Special Concern." They
narrowed the definition of the preceding to "a native species or
subspecies which has been threatened or endangered or could become
threatened or endangered due to low population levels." The 1990
list represented the collective opinion of the Division's nongame
staff biologists, after consultation with other knowledgeable people
as to some of the species that deserve priority consideration within
the Division beyond formally classified threatened or endangered
species. This means priority relative to the several hundred
species of wildlife in Colorado.
DEPARTMENT OF NATURAL RESOURCES, Kemeth Salazar, Executive Director
WILDLIFE COMMISSION, Eldon W. Cooper, Chairman • Larry M. Wright, Vice Chairman • Louis F. Swift, Secretary
Felix Chavez, Member • Thomas M. Eve, Member • Rebecca L. Frank, Member 0 William R. Hegberg, Member 0 George VanDenBerg, Member
Mr. Tom Shoemaker
Page 2
February 24, 1992
Your second question was whether the Ferruginous Hawk deserves any
special consideration and/or special attention. I posed this
question to Jerry Craig, the Division's raptor specialist. He
responded yes because of: (1) the species' intolerance of human
disturbance during the nesting period, (2) an almost obligate
nesting association with short -grass prairie, a community that is
becoming more restricted by the year, and (3) the species'
dependence upon prairie dogs during the nonbreeding seasons. He
further pointed out that the species is on the U.S. Fish and
Wildlife Service's Category II list.
I hope this answers your questions satisfactorily. If you need
additional information or clarification, please let me know.
Sincerely,
Walter D. Graul
Regional Manager - NE Region
WDG/mks
FORT COLLINS AUDUBON SOCIETY
IV
P. O. Bo* 1245
Fort Collins, Colorado 80522
Lwr'4
WWI
February 18, 1992
Mr. Steve Olt, City Planner
City of Fort Collins Planning Department
P.O. Box 580
Fort Collins, CO 80522-0580
Dear Mr. Olt:
This letter is in reference to the Paragon Point PUD project that is currently under review by City
staff and the Planning and Zoning Board. While we are not entirely opposed to the PUD, we do have
some serious concerns about the proposed treatment of the wildlife habitat currently located in the
Fossil Creek floodplain within the property.
It is obvious to anyone viewing the property that the primary inhabitants of the area are prairie
dogs. As one looks overhead above the prairie dog colony it is easy to spot several varieties of rap-
tors including Ferruginous Hawks, Rough -legged Hawks, Red-tailed Hawks, Northern Harriers,
Golden Eagles and Bald Eagles. These birds are dependent on the prairie dogs as a food source. A
healthy environment for the prairie dogs is necessary to maintain that food supply. The site is an
important piece of the Fossil Creek Resource Area, providing valuable habitat for birds of prey that
feed extensively upon this area. Any development activities in this area will deteriorate the quality of
the habitat.
The City of Fort Collins Land Development Guidance System calls for special precautions to be
implemented to prevent the creation of environmental influences adverse to the preservation of habitat
areas serving significant species of wildlife. Ferruginous Hawks have been identified by the Colorado
Division of Wildlife as significant and in particular need of attention. The Bald Eagle is listed as
endangered by both the State of Colorado and the federal government. Members of our chapter and
other birders enjoy viewing both these species when visiting the area.
With this in mind, we ask that you consider amendments to the development proposal that keep
the prairie dog town intact within the floodplain area and protect it from conflicts with the develop-
ment. This can be accomplished by not allowing the proposed 9.62 acre private park planned for the
middle of the prairie dog town, and by requiring additional large trees and other landscaping to be
planted around the colony to serve as a buffer between the development and the prairie dog town.
This additional landscaping would also serve as perching sites for the birds, replacing those easterly
sites that will be disturbed by residential development. Further enhancement to the prairie dog town
could be accomplished by requiring a drought tolerant grass such as buffalo grass to be planted and
left unmowed. This would protect the soil from erosion and make the area more visually appealing.
41
Another item of concern for the Fort Collins Audubon Society is the proposed use of water in this
development. In these days of water conservation and concern for natural environments we do not
support City approval of plans for an irrigated turf -grass private playing field. With all the xeriscape
and drought tolerant plant species available it is only sensible that the City would strongly discourage
such a needless waste of water, particularly as a private park. This developer should be encouraged to
build a first class model of progressive natural landscaping rather than the same old water intensive
bluegrass lawns that are going to leave future generations quite parched.
To sum up our comments, we ask that the Planning and Zoning Board take the following action
regarding Paragon Point PUD:
1. Conserve the prairie dog town in the entire floodplain zone.
2. Do NOT allow a private park of any size within that floodplain zone.
3. Reduce conflicts between the prairie dog colony and the residential development through
the use of site design techniques including planting additional native vegetation and install-
ing suitable landscaping buffers.
4. Provide new perching sites near the prairie dog town to replace those
which will be disturbed by the new residential activity along the east side of the property.
5. Discourage the use of water intensive landscaping anywhere in the development, especially
in larger tracts of open space and park areas.
Fort Collins Audubon Society will be attending the Planning and Zoning Board meeting on Febru-
ary 24, 1992, to reiterate our concerns to you personally. As new development moves further into the
beautiful grasslands and prairies surrounding our city, we are compelled to work to protect the wild-
life that have already been calling those sites home for many years.
Sincerely,
ljgo, �619evl "
Bonnie Barton
Conservation Committee
Paragon Point PUD, Final - #48-91B
March 23, 1992 P&Z Meeting
Page 2
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
N: rip, existing golf course and single family residential
(Southridge Golf Course, Southridge Greens P.U.D.)
S: rip, planned residential (Stanton Creek Ridge P.U.D.)
E: FA-1, Larimer County (undeveloped)
W: rip, existing single family residential (Brittany Knolls
P.U.D.)
The PARAGON POINT P.U.D., Preliminary was approved by the Planning
and Zoning Board on December 16, 1991, with three conditions:
1. No changes will be made from the present natural condition of
the 15.3 acre Park/Open Space parcel unless and until the
Planning and Zoning Board approves such change to specific
use(s) upon this site as a part of the Final P.U.D. Plan.
2. Due to the peculiar and unique characteristics of this
development, which characteristics include rock outcroppings
as perching areas, roosting trees, topographical
characteristics which produce wind updrafts ideal for the
flight of birds of prey, water supply and the specific
sightings of eagles and hawks feeding on prairie dogs as prey
on the site, the conservation easement area shall be redrawn
as necessary to include all significant rock outcroppings
suitable for perching of birds of prey (and to include natural
drainage channels) located on Lots 10 and 23 through 29. Any
such change in the configuration of the conservation easement
area shall be based on a field study to be conducted by the
Developer and the City prior to approval of the Final P.U.D.
Plan.
3. Southridge Greens be barricaded at the very northern portion
of this project until the first home is to be occupied.
These conditions have been met by virtue of the fact that the
specific use(s) of the 15.3 acre park/open space parcel will be
determined with this final approval, a note addressing the
conservation easement has been added to the Site Plan and Plat, and
the developer has agreed to the condition of barricading Southridge
Greens Boulevard at the north end of Paragon Point until the first
home is to be occupied.
The PARAGON POINT P.U.D., Final was tabled by the Planning and
Zoning Board on February 24, 1992, for lack of sufficient
Paragon Point PUD, Final - #48-91B
March 23, 1992 P&Z Meeting
Page 3
information and resolution between the City and the developer
concerning the natural areas and habitat issue on this site.
2. Land Use:
This request is for 62 single family detached residences at the
northeast and northwest corners of Phase 1, a 9.6 acre park/open
space, and a 3.4 acre neighborhood park that may be dedicated to
the City at some point in time in the future. The City Parks &
Recreation Board will make the final decision whether or not to
accept dedication of the neighborhood park, and only if the park
meets size, location, and design requirements of the City.
The lots in PARAGON POINT have been designed to be sensitive to,
and protect as possible, the Fossil Creek corridor and floodway
that contains significant natural features. There are accentuated
meanders in the channel, steep embankments, and unique rock
outcroppings that enhance the site. A Conservation & Erosion
Easement is being provided on the rear of Lots 25-28 to mitigate
potential conflicts between development and the natural features in
that area. The floodway and topography impose significant physical
constraints on development on this site. An Erosion Easement is
being provided on Lots 9 & 10 to assure adequate buffer between
residential development and the Fossil Creek channel. The developer
is providing approximately 13 acres of parkland and open space in
Phase 1.
3. Enaineerin
The utility plans and the Development Agreement are not yet signed
by the developer. Section I.G.(4)(e) Final Utility Plans of the
Land Development Guidance System (the "LDGS") states that "Final
detailed engineering for sewer, water, electrical, street
improvements and other public improvements must be submitted to and
approved by the City, and the developer shall execute an agreement
in proper form providing for the installation of such improvements
prior to submission of the Final Plan to the Planning and Zoning
Board". Therefore, staff recommends a condition stating that the
Planning and Zoning Board approves this planned unit development
final plan upon the condition that the Development Agreement for
the planned unit development be negotiated between the developer
and City staff and executed by the developer, and that the utility
plans be fully executed and approved by the City prior to the next
monthly meeting of the Planning and Zoning Board; or, if not so
executed, that the developer, at said next monthly meeting, apply
to the Board for an extension of time. If the staff and the
developer disagree over the provisions to be included in the
Development Agreement and/or utility plans, the developer may
present such dispute to the Board for resolution if such
Paragon Point PUD, Final - #48-91B
March 23, 1992 P&Z Meeting
Page 4
presentation is made at the next 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, if 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.
4. Transportation:
Access to this property is planned as follows:
a. The 32 residential lots in the northwest corner of Phase
1 will gain access from South Lemay Avenue on Pheasant
Drive, a local street. A temporary gravel base road will
serve as a secondary emergency access only from the south
(through future single family residential) and will be
constructed with this development.
b. The neighborhood park site will be accessed by a local
street from South Lemay Avenue.
C. The 30 residential lots at the northeast corner of Phase
1 will gain access from Southridge Greens Boulevard
extended south from Greenridge P.U.D. across Southridge
Golf Course. A temporary gravel base road to be
constructed with Phase 1 will serve as a secondary
emergency access only to this area from Trilby Road until
a future phase of this development requires the road to
be improved to the City's local street standards.
Construction traffic will access the 30 lots in the northeast
corner of Phase 1 by the temporary gravel base road from Trilby
Road. The developer has agreed to this stipulation.
The Planning and Zoning Board's approval of the preliminary plan
was appealed to City Council on the basis that the proposed
southward extension of Southridge Greens Boulevard, connecting
PARAGON POINT P.U.D. with Southridge Greens P.U.D., should not be
approved. City Council upheld the Board's decision with one
condition:
Paragon Point PUD, Final - #48-91B
March 23, 1992 P&Z Meeting
Page 5
The Board, upon its consideration of the Final Plan for
Phase 1 of PARAGON POINT P.U.D., should consider whether
the extension and completion of Southridge Greens
Boulevard to Trilby Road might be necessary to fully
satisfy the relevant criteria of the Land Development
Guidance System, including, without limitation, Criteria
No. 9 relating to the provision of adequate access for
emergency vehicles.
5. Storm Drainaae:
A channel stabilization study and master plan study update for
Fossil Creek must be completed prior to approval of Phase 2 (i.e.,
the next phase to be submitted for formal review by the City). This
requirement is part of the Development Agreement for Phase 1. A
repay agreement for both studies, from the City to the developer,
will be part of the Development Agreement.
Information submitted to the City relating to the stability and
potential future erosion patterns of Fossil Creek is based upon
limited information. Therefore, an erosion easement is needed to
provide a buffer zone for possible erosion which could cause
damages to structures or rear lot areas of properties adjacent to
Fossil Creek. Lots 9, 10, 25-28 require an erosion easement
prohibiting any buildings in that area. Staff requires that an
Erosion Easement be added to coincide with the Conservation
Easement on Lots 25-28, and a separate Erosion Easement be added to
Lots 9 & 10. The wording of these easements must be shown on the
Site Plan, the Plat, and the Utility Plans for Phase 1.
6. Resource Protection:
At the February 24, 1992 Planning and Zoning Board meeting there
was extensive discussion of the applicant's plans for the park and
open space areas contained within the overall development plan. At
issue were measures to: protect or enhance wildlife resources;
manage potential conflicts between humans and the large prairie dog
population onsite; and address other resource concerns, such as
erosion, associated with the extensive grazing of the site by
prairie dogs.
Based on direction given by the Board, the applicant submitted a
Natural Resource Management Plan for the park and open space areas
of the overall PARAGON POINT P.U.D. Staff from the Natural
Resources division cooperated with the applicant in the development
of the plan. Staff from Natural Resources, Planning, Parks &
Recreation, and the Stormwater Utility reviewed and commented
favorably on the draft plan.
Paragon Point PUD, Final - #48-91B
March 23, 1992 P&Z Meeting
Page 6
The applicant has submitted an innovative plan which, in staff's
opinion, integrates several important resource concerns, including:
wildlife habitat, vegetative restoration, water conservation,
erosion control, and human recreational needs. The plan identifies
7 distinct habitat zones within the approximately 60 acre park/open
space areas of the 148 acre site. It includes both developed
parkland for human recreational use as well as extensive areas of
grassland, riparian wetland, and aquatic habitat that will be
restored to enhance wildlife, control erosion, improve aesthetics,
and provide opportunities for passive recreation.
A central concern of the developer at the 2/24/92 meeting was the
potential for conflict between humans and prairie dogs, if there
was a requirement to retain a large population of prairie dogs
onsite. The applicant proposes to eradicate prairie dogs from the
majority of the open space in order to minimize future conflicts
and to facilitate the vegetative restoration programs included in
the plan. Proposed eradication methods meet City Code and comply
with recommended methods of the Larimer County Health Department
and the Colorado Division of Wildlife (CDOW). The proposal applies
the best proven approach available at present.
Natural Resources staff recommended consideration of alternative
means of managing conflicts between prairie dogs and people. The
applicant has responded to this recommendation by including a
"prairie study area" in the southern portions of the open space
area, distant from areas of immediate development. In this area,
the developer proposes to reduce prairie dog populations, but not
eradicate them, in order to observe the effects on surrounding
vegetation. The developer proposes to make the study area
available to the City and/or CDOW for other related research. The
CDOW and Natural Resources Division are evaluating the potential
for a cooperative research program to learn more about the
importance of local prairie dog towns to birds of prey, and
potential management options.
Another central issue at the 2/24/92 meeting was the use of the
site by bald eagles (an endangered species) and ferruginous hawks
(species of special concern). Both species use the site regularly
during winter because of its open character and the fact that the
prairie dogs provide an abundant, readily available food source.
The PARAGON POINT site is one of several sites in the Fossil Creek
drainage that is used consistently during winter by bald eagles,
ferruginous hawks, and other birds of prey.
The applicant's management plan addresses use of the site by birds
of prey. Restoration of grassland and wetland areas on the site
will provide habitat for rabbits, voles, mice and other potential
prey species, although the density of prey will be reduced in
Paragon Point PUD, Final - #48-91B
March 23, 1992 P&Z Meeting
Page 7
comparison to the existing prairie dog colony. In addition, the
applicant proposes to install several perch sites for use by
raptors at various locations in the open space.
Natural Resources staff reviewed the proposed management plan with
representatives of the CDOW. CDOW staff complimented the plan
overall, pointing out that it would provide diverse wildlife
habitats within an urban environment. They said that it was
difficult to predict with certainty the extent of future use of the
site by birds of prey; however, future use would be reduced
considerably in comparison to present use. This reduction in use
would be expected to occur due to the development of the site,
human use, and the reduction in the prey base due to the reduction
in the extent and density of prairie dogs.
CDOW representatives said that the effect of this reduction on the
overall rapture population was also unknown. In their judgement,
loss of this site would not significantly affect the current
population of raptors using the Fort Collins area. Continued
incremental habit loss in the future is an important concern, as
the Fossil Creek drainage receives significant use by eagles and
hawks. CDOW staff recommended that the City focus on acquisition of
one or more large prairie dog towns for conservation purposes.
While staff remains very concerned about the incremental loss of
important habitats for bald eagles, ferruginous hawks, and other
large raptors, we believe a citywide or region wide approach needs
to be developed. We plan to begin work immediately on a policy and
guidelines regarding the conservation of raptor habitat and the
management of prairie dogs in Fort Collins. The policy will be
presented to the Planning and Zoning Board and City Council to
clarify city direction. CROW has agreed to participate in the
formulation of this policy.
In summary, staff recommends approval of the Natural Resource
Management Plan for the PARAGON POINT P.U.D. While the plan
involves tradeoffs, it presents an innovative, integrated approach
to resource management of the open space. In so doing, it responds
to several resource -oriented All Development Criteria of the Land
Development Guidance System.
RECOMMENDATION:
This request conforms to the approved PARAGON POINT P.U.D. -
Preliminary and the applicable criteria in the Land Development
Guidance System, with the exception of having utility plans and the
Development Agreement executed. The applicant has submitted a
Natural Resource Management Plan for PARAGON POINT P.U.D.
addressing the wildlife resources and erosion concerns associated
Paragon Point PUD, Final - #48-91B
March 23, 1992 P&Z Meeting
Page 8
with this site, and staff recommends approval of this plan. The
conditions of preliminary approval have been met. Therefore, staff
recommends approval of the PARAGON POINT P.U.D., Final - #48-91B,
with the following condition:
1. The Planning and Zoning Board approves this planned unit
development final plan upon the condition that the Development
Agreement for the planned unit development be negotiated
between the developer and City staff and executed by the
developer, and that the utility plans be fully executed and
approved by the City prior to the next monthly meeting of the
Planning and Zoning Board; or, if not so executed, that the
developer, at said next monthly meeting, apply to the Board
for an extension of time. If the staff and the developer
disagree over the provisions to be included in the Development
Agreement and/or utility plans, the developer may present such
dispute to the Board for resolution if such presentation is
made at the next 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, if 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.
ITEM: PARAGON POINT PUD
Phase I - Final
NUMBER: 48-91 s