CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION

October 21, 2010 Page 20 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION NEW BUSINESS CALENDAR MEETING: OCTOBER 21, 2010 ITEM: 7.A, 7.B STAFF: LONNA THELEN FILE NO: CPC PUZ 09-00127, CPC PUP 09-00128 PROJECT : MVS DEVELOPMENT STAFF PRESENTATION Ms. Lonna Thelen, City Planner II, distributed revised significant and technical modifications recommended for the concept plan (Exhibit A). Ms. Thelen then presented the application with PowerPoint slides (Exhibit B). Commissioner Gonzalez inquired of the number of participants present for the neighborhood meetings. Ms. Thelen responded that approximately 25 to 35 participants were present. Commissioner Magill inquired if utilities were installed on the section of Centennial Blvd. that is completed? Ms. Thelen stated yes, utilities have been installed. Commissioner Magill inquired of the closure of Van Buren Street versus the access to Van Buren? Ms. Thelen stated Van Buren will be closed to the neighborhood on a temporary basis, but will be extended west of Centennial for the development access. Commissioner Butlak inquired of a landfill permit and if there have been discussions completed with the State of Colorado? Ms. Thelen stated yes, the Voluntary Cleanup Program (VCUP) process has been discussed and approved by the State of Colorado, but that approved plan expired in 2008 and the applicant is going to apply for a reinstatement of the permit. Commissioner Butcher inquired how the Pueblo Bank and Trust deeded their right-ofway and if a third party was needed to complete the agreement? Ms. Thelen stated Pueblo Bank and Trust has confirmed that they would like to accept the arrangement to deed their land to the City, which is listed as note G1 on the revised modifications. Commissioner Suthers requested clarification of Van Buren St. traffic. Ms. Thelen stated the road will be closed for neighborhood access with emergency vehicle access only. Ms. Kathleen Krager, City Senior Traffic Engineer, clarified that a barricade will be

October 21, 2010 Page 21 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION constructed for emergency service access only. The developer will be allowed access to Centennial Blvd. but the cut-through traffic will be eliminated for the neighborhood. The barricade may have a lockbox or code for emergency services depending on the Fire Department s request. Once the Centennial Blvd. extension is completed, the barricade will be removed providing neighborhood access. Commissioner Hartsell inquired who will build Centennial Boulevard? Ms. Krager replied the City will be finishing Centennial Blvd. to Fontanero Street, probably with the use of Pikes Peak Rural Transportation Authority (PPRTA) funding. Commissioner Magill inquired if the recently approved City Code amendment (Item 5) would apply to this development? Ms. Krager stated no, it will not be applicable to this project. Commissioner Gonzalez inquired if phasing will be utilized for the Centennial Blvd. extension? Ms. Krager stated it s contingent on funding. She would like to see it occur all at once, but the number of phases is budget driven. She expressed that completing Centennial Blvd. will alleviate the traffic congestion on Fillmore Street. Commissioner Cleveland inquired of additional curb cuts along Centennial Blvd. Ms. Krager stated yes, there is a planned access south of Van Buren Street, but the plan is still in its conceptual stage. Commissioner Butlak inquired of the area zoning. Ms. Thelen replied that the Hillside Overlay (HS) is requested for removal from this site with exception of the 200 feet east of the westerly property line as outlined on page 116 of the agenda (significant modification 3.iv). The Streamside (SS) overlay zone is still retained on the site. Commissioner Butlak inquired of the issues that could arise once the VCUP process begins. Ms. Thelen deferred to the applicant. APPLICANT PRESENTATION Mr. Ron Bevans with N.E.S Inc. presented the application via PowerPoint slides (Exhibit C). He commended City staff on their efforts in putting the project together. Commissioner Magill inquired of the difference between keeping the HS overlay zone and removing it? Mr. Bevans stated the intent of the zoning was to protect the western boundary, but he recommended removal of the overlay for the remainder of the site because he did not feel HS characteristics are present; the second reason was the landfill cleanup fill dirt is proposed to be placed temporarily upon the northwestern portion of the site away from the existing neighborhoods. Commissioner Butlak inquired of the VCUP landfill perimeter. Mr. Bevans stated more that 20 borings were completed around the site, and he displayed the boring map. Mr. Waterman stated the borings were originally completed when the land was acquired but

October 21, 2010 Page 22 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION the borings weren t deep enough. Additional borings were completed to reach native soil to determine the profile of the debris. The boring investigation provided the data to use to apply for the VCUP permit. Uncontrolled fill was loosely compacted and there was a drainage channel in the middle of the fill. Over time, the channel was filled and additional debris was dumped on the property. The cleanup process will reach to the bottom of the original channel and the materials will be removed, screened and recompacted if possible into the park area. Commissioner Butlak inquired of possible groundwater leeching. Mr. Waterman stated the testing has been completed, and is in its planning stage. Once the plan is completed there will be a well built to monitor the groundwater. To date there has not been any contamination to the groundwater, but it will continue to be monitored. Commissioner Cleveland inquired of the staging area and the sorting process. Mr. Waterman replied that northwestern area of the site is intended for sorting only. Commissioner Cleveland inquired if the VCUP can be completed in stages? Mr. Waterman stated that at this point the plan is in theory, they would like to make sure there is enough room and as little heavy equipment operation in the neighborhood as possible. He prefers to anticipate shrinkage and balancing of the site for present and future use without the benefit of import and export. Commissioner Hartsell inquired of the contention for the area set aside for SS overlay and more specifically spoke to the vegetation and slopes present that did not need HS overlay protection. Mr. Bevans stated there is vegetation and slope on the property, but not significant enough for a portion or even the entire site to be considered hillside characteristics. Mr. Bevans further clarified that he would like the HS overlay removed from the entire property. CITIZENS IN FAVOR None. CITIZENS IN OPPOSITION 1. Ms. Joan Williams, Indian Hills resident, stated that she was concerned that staff s revised modifications do not encompass the issues that were brought up in the neighborhood meetings. She was also concerned about the additional traffic on Fillmore Street once Van Buren Street is blocked off. Commissioner Suthers asked of her typical route. Ms. Williams stated she drives Van Buren Street to Chestnut Street, and then onto Fontanero Street. Commissioner Butcher inquired of how many residents live in the Indian Hills neighborhood? Ms. Williams stated about 60 to 100 people. 2. Ms. Debbie Postlewait lives close to the proposed development and was also concerned with increased traffic congestion from blocking Van Buren Street access. She objected to improvements not being made or even planned for the Fillmore/Chestnut intersection prior to diverting traffic from Van Buren to Fillmore. She was not informed of the Van Buren temporary gate until today s hearing. She

October 21, 2010 Page 23 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION questioned the removal of the landfill garbage, and what is to prevent it from seeping into the stream. Commissioner Butcher inquired which entity controls the Fillmore Street project? Ms. Krager stated that both the State and PPRTA control most of the funding for that intersection. City Traffic Engineering is also looking at ways to improve that intersection in conjunction with the State s plan. Commissioner Gonzalez inquired of the lack of notice regarding the street closure east of the Indian Hills townhomes. Ms. Krager stated that she wanted to conduct a neighborhood meeting after the proposed project was approved, only then could she present the confirmed facts to the neighborhood. She is open to any number of options for the Indian Hills neighborhood. Commissioner Cleveland inquired of the traffic studies and the impact of this project on Fillmore Street. Ms. Krager stated the effect will about an additional 4,000 vehicles daily on Fillmore. She would prefer Centennial Blvd. constructed as soon as possible and will discuss that option with PPRTA. Commissioner Butlak inquired of the proposed Centennial Blvd. extension and questioned why can t it be built without the bells and whistles to alleviate interim traffic? Ms. Krager stated a pioneer road (without all infrastructure) was reviewed, but the grade of the road is very steep in the City s right-of-way portion. It would not be cost effective for the City or developer to construct a pioneer road and then tear it out to construct the permanent extension. There would also be no area to divert the traffic during the deconstruction of the pioneer road and the construction of the ultimate road. APPLICANT REBUTTAL Mr. Ron Bevans stated that the Indian Hills townhome neighborhood will have the opportunity to select their exit. The idea of having traffic travel south rather than north was explored, and the project in front of the Commission today was the best option reviewed. He was optimistic that Centennial Blvd. will be constructed prior to this residential development. Commissioner Butlak inquired of a timeframe for build out. Mr. Bevans stated that it will be at least two years before completion of the VCUP, and he did not anticipate build out prior to that time. Commissioner Hartsell inquired of the VCUP process and the prevention of garbage seeping into the stream? Mr. Bevans stated that matter was inspected and reviewed by the State. Commissioner Butcher inquired of the concept plan phase and what requirements have to be completed prior to the building permits being issued? Mr. Bevans stated the

October 21, 2010 Page 24 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION conditions are laid out in City staff s revised modifications, and no permits will be issued prior to the finalization. STAFF REQUESTED TO SPEAK Commissioner Butcher addressed City Staff Attorney Kenneth Hodges, and asked if the future development plan is required to come before the Planning Commission? Mr. Hodges stated that the development plan will be required to come before the Commission. Commissioner Butlak addressed Engineering Development Review Lead Tim Mitros and asked the reason for the City s lack of participation in the VCUP process? Mr. Mitros stated the City will piggy back on the State s review of the VCUP process and will be working side by side with the State for the completion of the process. Commissioner Butlak stated that she would like someone in the City to also participate in the VCUP process to ensure that common sense is being utilized. Mr. Mitros stated that the City will participate as much as possible. Commissioner Magill inquired why the HS overlay zone was not removed from the entire site? Ms. Thelen stated that she was able to locate 200 feet to the westerly portion that had significant vegetation and requested that portion be retained in the HS overlay. Commissioner Magill inquired of HS versus SS overlay zoning. Ms. Thelen stated the HS overlay zone protects the site s grade and vegetation, whereas the SS overlay works with the land use interaction with the stream and protection of vegetation in the SS overlay. She stated the site characteristics requested for preservation are not located within the SS overlay zone. Therefore, the HS zone needs to be preserved for only that 200-foot portion of the site (as outlined in the recommendations for Item 7.B). DECISION OF THE PLANNING COMMISSION Moved by Commissioner Magill, seconded by Commissioner Stroh to approve Item 7.A- File No. CPC PUZ 09-00127, based upon the finding that the zone change to PUD/SS (Planned Unit Development [Residential, attached and detached, 4-20 dwelling units per acre, maximum 411 units, religious institution, 35-foot maximum height] with Streamside Overlay) with removal of the Hillside Overlay, complies with the review criteria in City Code Section 7.3.605. Motion carried 8-1 (Commissioner Cleveland opposed). Moved by Commissioner Magill, seconded by Commissioner Stroh, to approve Item 7.B- File No. CPC PUP 09-00128, the concept plan for MVS Centennial based upon the finding that the concept plan complies with the review criteria in City Code Section 7.3.604, and is subject to the following modifications: Significant Modifications to the Concept Plan Amendment: 1. Include a religious institution use in the proposed land use section under site data and show its location on the drawing. 2. Change the conditions of record to the following:

October 21, 2010 Page 25 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION i. Residential, attached and detached (4-20 du/ac, max 411 units); religious institution; 35 ft. max height Technical and Informational Modifications to the Concept Plan Amendment: 1. The H Residential label on the drawing on page 1 states 16-24. Change the label to 16-20. 2. Show the extension of Centennial Blvd. past the southern property line to the end of page 1. 3. Show all existing easements on site and note their width 4. Include within the general notes the following: ii. Temporary access for the religious institution will only be to Centennial Boulevard. When Centennial Boulevard from Fillmore Street to Fontanero Street is constructed access for the church will be allowed through the Mesa Springs Neighborhood. 5. Provide a scale on page 2. 6. Label the property owners on the drawing on page 2. 7. Label page 4 and page 4 of 4. 8. Comments pending from Utilities. 9. Include the notes as stated below on page #2 of the concept plan, amend the reference numbers accordingly. These notes replace the proposed notes on the resubmitted plans. The notes listed are still undergoing review and comment. Final notes will be provided at the City Planning Commission meeting. General Notes G1. The following notes D1 through D6 and C1 through C7 rely on the acquisition of right-of-way and relocation of utilities from Pueblo Bank & Trust for Centennial Blvd. on the Pueblo Bank and Trust property. The City commits to pursue the acquisition of the Centennial right-ofway on the Pueblo Bank & Trust property within 90 days of approval of the concept plan. Notes D1-D6 shall be completed prior to the issuance of the first building permit. Developer Obligations D1. M V S will construct 550 l.f. of full width Centennial Blvd. to City standards across a section of graded public right of way to the north of the MVS parcel, excluding the cost of utilities installation which shall be paid by Pueblo Bank & Trust or subsequent owner (see note G1.) D2. MVS will install underground public utilities (water, sanitary sewer, storm sewer, gas and electric) within the Centennial Blvd. right of way. It is anticipated that these underground public utilities will extend a distance of approximately 1200 lf to 1500 lf to the south of the Centennial Blvd./Van Buren intersection.

October 21, 2010 Page 26 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION D3. Prior to any public utility construction, MVS will relocate/consolidate the existing landfill so that no portion of the existing landfill is under the Centennial right-of-way. This task will be a portion of the work associated with the approved State of Colorado VCUP procedure. D4. MVS will convey the southern portion of the MVS parcel (approximately 5.4 acres) by warranty deed to the City in "AS IS" condition with no reimbursement from the City for this specific land conveyance within 90 days of approval of the concept plan. MVS will be responsible for all associated costs (closing costs, appraisals, etc) to convey the deed to the City. MVS will be allowed to utilize a portion of this parcel outside of the Centennial R-O-W for storm water detention purposes. The maintenance responsibility for the detention facilities will be determined by future drainage reports. D5. MVS will convey by warranty deed the required right of way for Centennial Blvd. for a distance of 1200 l.f. to the south of the Centennial/Van Buren intersection within 90 days of approval of the concept plan. In conjunction with the warranty deed referenced in D4 and D5, MVS will enter into a contract with the City to complete the VCUP requirements along the Centennial alignment and complete earthwork to design subgrade standards for 1,200 l.f. south of Van Buren. MVS will be responsible for all associated costs (closing costs, appraisals, etc) to convey the deed to the City. There will be no reimbursement to MVS by the City for this additional land dedication. D6. By completing the 550 l.f. of Centennial Boulevard on the Pueblo Bank & Trust property; completing the VCUP mitigation for the Centennial right-of-way; completing the Centennial earthwork to design sub-grade elevations through the 1,200 foot section on the MVS Centennial property; and by conveying the land in D4 & D5 for Centennial Boulevard meets all MVS s obligations for any future extension of Centennial Boulevard south of Van Buren. This includes no obligation on MVS s part for the future traffic signal at Centennial Boulevard and Van Buren. City/Colorado Springs Utilities Obligations C1. Any required existing overhead utility line relocation for the construction of Centennial Boulevard shall be at the City s expense. The City anticipates the need for an adjustment to the easement to provide for the relocation of the overhead powerline support structure. The owner agrees to provide an adjustment to the easement as determined by CSU for the relocation of the overhead

October 21, 2010 Page 27 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION line within 60 days of CSU s request for such easement. Relocation may result in the vacation of a portion of the existing easement no longer necessary. Colorado Springs Utilities in its sole determination shall decide upon the alignment design of the relocated overhead utility line. Colorado Springs Utilities will coordinate with both the City and the developer in the determination of the easement. C2. The City shall provide any referral, recommendation, or approval to aid MVS in acquiring the VCUP permit from the State of Colorado. C3. The City shall provide required permits for site grading, the construction of the roadway and public utilities referenced herein based on those plans submitted by MVS meeting City Standards. C4. The City shall construct the full-width cross-section of Centennial Boulevard from Van Buren Street to 400 l.f. north of Mesa Valley Road. This work shall be completed concurrently with the construction of the 550 l.f. of the Pueblo Bank & Trust property. C5. The City will complete all the remaining utility and roadway construction work for the extension of Centennial Blvd. south of the Van Buren intersection and for its eventual connection to Fontanero in the future. The cost of this future construction and any associated right of way will be borne by the City or by other developers in the area and MVS will have no obligation in the future for any cost of this future work or the associated right of way. C6. The City shall provide the design and installation of emergency access street closures on Van Buren and on Mesa Valley Springs that will prevent traffic from the north on Centennial from cutting through the adjacent neighborhood. C7. In relation to future development plans to be submitted by MVS for the area to the west of the Centennial Blvd., the City will allow access off of a future Van Buren extension for internal roadway that services this area until the City completes the construction of Centennial Blvd. south beyond the Monroe intersection. Once this work is completed by the City, a second point of access would be available for this area, to the south of the reconfigured landfill/open space area. Commissioner Cleveland was opposed to the motion only because of the removal of the HS overlay.

October 21, 2010 Page 28 CITY OF COLORADO SPRINGS PLANNING COMMISSION RECORD-OF-DECISION Commissioner Stroh stated that he was in support of the project and the removal of the HS zoning, thanked staff for their recommendation, and was in favor of the greater goal of the site that will eventually relief traffic for the existing neighborhoods. He felt a precedent was set with the rezoning and removal of the HS overlay on a site further north. Commissioner Butcher stated that he is in support of the project because the Comprehensive Plan encourages infill development. It is better for the existing neighborhood to place fill dirt on the western portion of the site rather than placing it to the east causing severe negative impacts to the existing neighbors. He felt this plan at build out will be a better solution for the neighborhood. Commissioner Gonzalez agreed with Commissioners Butcher and Stroh s comments and felt the City and the developer were very innovative in their approach to providing temporary access to the north. He also felt that approving this project assists with the goal of completing the Centennial Blvd. extension. Commissioner Butlak requested a friendly amendment, specifically changing modification D.3 to include the language that the VCUP procedure will also be approved by the City of Colorado Springs and the State of Colorado. Commissioner Magill would not accept that amendment because he felt it was out of the City s jurisdiction. Mr. Mitros clarified the City is reliant on the State s approval and review. Ms. Thelen clarified that the request is currently referenced in modification note C.2. Commissioner Butlak was not satisfied with the wording of the note. Moved by Commissioner Butlak to amend modification C.2. The motion failed for lack of a second. Motion to approve Item 7.B carried 7-2 (Commissioners Cleveland and Butlak opposed). Dick Anderwald commended Lonna Thelen for her effort and appreciated that she mediated between the developer and the City to facilitate a successful outcome. October 21, 2010 DATE OF DECISION PLANNING COMMISSION CHAIR