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Home My WebLink About07/09/2015 - Planning And Zoning Board - Agenda - Regular MeetingJennifer Carpenter, Chair City Council Chambers Kristin Kirkpatrick, Vice Chair City Hall West Jeff Hansen 300 Laporte Avenue Gerald Hart Fort Collins, Colorado Emily Heinz Michael Hobbs Cablecast on City Cable Channel 14 Jeffrey Schneider on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Hearing July 9, 2015 6:00 PM • ROLL CALL • AGENDA REVIEW • CITIZEN PARTICIPATION (30 minutes total for non-agenda and pending application topics) • CONSENT AGENDA 1. Draft May 14, 2015, P&Z Hearing Minutes The purpose of this item is to approve the Draft Minutes from the May 14, 2015, Planning and Zoning Board hearing. 2. Kechter Farm Second Annexation and Zoning #ANX150001 PROJECT DESCRIPTION: This is a request to annex and zone 75.58 acres located generally west of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. The annexation is divided into three parcels, all being a portion of the Kechter Farm General Development Plan as approved in Larimer County. This is a 100% voluntary annexation. The property is formerly a farm and currently zoned FA-1, Farming, in Larimer County. In accordance with the City Plan’s Structure Plan Map and the Fossil Creek Reservoir Area Plan, the requested zoning for this annexation is L- M-N, Low Density Mixed-Use Neighborhood, on Parcels One and Two and U-E, Urban Estate on Parcel Three. The surrounding properties are Planning and Zoning Board Agenda Planning and Zoning Board Page 1 July 9, 2015 currently zoned L-M-N north of Trilby Road and U-E, south of Trilby Road. Homestead Estates, FA-1, Farming, (Larimer County) is to the north of Parcel One. APPLICANT: Mr. Mark Bailey Toll CO I LLC c/o Ripley and Associates 419 Canyon Drive Fort Collins, CO. 80521 • DISCUSSION AGENDA • OTHER BUSINESS • ADJOURNMENT City of Fort Collins Page 2 Agenda Item 1 AGENDA ITEM SUMMARY July 9, 2015 Planning and Zoning Board STAFF Cindy Cosmas, Administrative Assistant SUBJECT Draft May 14, 2015, P&Z Hearing Minutes EXECUTIVE SUMMARY The purpose of this item is to approve the Draft Minutes from the May 14, 2015, Planning and Zoning Board hearing. ATTACHMENTS 1. Draft May 14, 2015, Minutes (DOC) Item # 1 Page 1 Jennifer Carpenter, Chair City Council Chambers Kristin Kirkpatrick, Vice Chair City Hall West Jeff Hansen 300 Laporte Avenue Gerald Hart Fort Collins, Colorado Emily Heinz Michael Hobbs Cablecast on City Cable Channel 14 Jeffrey Schneider on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Regular Hearing May 14, 2015 Chair Carpenter called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Kirkpatrick, Hansen, Hart, Hobbs and Schneider Absent: Heinz Staff Present: Kadrich, Eckman, Gloss, Langenberger, Holland, Mapes, Shepard, Wilkinson, Beck- Ferkiss and Schiager Agenda Review: Chair Carpenter provided background on the board’s role and what the audience could expect as to the order of business. She described the following processes: • While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. • The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. • Decisions on development projects are based on judgment of compliance or non-compliance with city Land Use Code. • Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. • This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Planning and Zoning Board Minutes Planning & Zoning Board May 14, 2015 Page 2 Director Kadrich reviewed the items on the Consent and Discussion agendas, and she explained the process for each. Public Input on Items Not on the Agenda: Brian Tribby, 525 E. Drake Road, stated that he wanted to discuss the emergency shelter situation, but Chair Carpenter informed that this would be later discussed under the LUC revisions (Item #4). Consent Agenda: 1. Draft Minutes from April 9, 2015, Planning and Zoning Hearing Public Input on Consent Agenda: None noted. Member Hart made a motion that the Planning and Zoning Board approve the May 14, 2015, Consent agenda, including the minutes from the April 9, 2015, Planning and Zoning Board hearing. Member Schneider seconded. Vote: 6:0. Discussion Agenda: 2. CSU Parking Lot at 2400 Research Boulevard SPAR – SPA#150002 3. CSU Parking Garage SPAR – SPA#150003 4. 2015 Land Use Code Annual Spring Revisions 5. Harmony & Strauss Cabin Convenience Shopping Center PDP#140022 Vice Chair Kirkpatrick recused herself at 6:07pm due to a conflict of interest with both CSU SPARs. ________________ Project: CSU Parking Lot at 2400 Research Boulevard SPAR – SPA#150002 Project Description: This a request for a Site Plan Advisory Review (SPAR) by Colorado State University to construct a new surface parking lot at 2400 Research Boulevard (parcel #'s 9723300901and 9723400906). The parking lot will contain approximately 900 parking stalls, with access points on Research Boulevard, Centre Avenue and Gillette Drive. Parcel 9723300901 is approximately 7.5 acres (area shown with the white background the vicinity map) and is located in the Employment (E) zone district. The second parcel is approximately 3.5 acres and is on the CSU south campus. This portion of the project has remained in the Fourth College Annexation, and in Board of Governor's ownership from 1965 to today, and is not subject to a SPAR review. The total project area is approximately 11 acres. The 7.5 acre parcel in the Employment zone is a part of the CSURF Centre for Advanced Technology Overall Development Plan (ODP). A copy of this ODP is attached with this staff report. Recommendation: Approval Planning & Zoning Board May 14, 2015 Page 3 Staff and Applicant Presentations Planner Holland gave a brief presentation. Fred Haberecht, CSU representative, spoke about how both CSU projects meet several goals related to the CSU Master Plan, which targets a 35,000 campus enrollment. He explained the current campus climate, its growth over time, and the history of the CSU land ownership. He also discussed the future goals, enhancing the Colorado lifestyle while maintaining the CSU vision. Because parking is so widely distributed, having additional parking is necessary. He discussed CSU’s parking goals and the reason behind the addition of two new facilities, since parking inventory has been reduced over time by 1,000 parking spaces. He described the various CSU programs currently in place to provide transportation to students and faculty. The Board requested City Staff to provide their presentation on the CSU parking garage (SPA #150003) at this time as well. Planner Holland gave a presentation to the Board, including PowerPoint slides showing how the parking lot connections and routes will be affected, how the new parking garage will look in comparison to the existing parking lot, and the SPAR site plan. Board Questions and Staff Response Member Hobbs asked how the multi-modal transportation uses by students are being measured. Mr. Haberecht responded that the data to date has not been very accurate and that CSU has only been able to measure the number of parking permits sold to students. Data for multi-modal transportation has not been well-collected by either CSU or the City of Fort Collins, but he is working toward gathering better transportation data in the future. Public Input Joan Avens, 2704 Meadowlark Avenue, stated her concern with the possibility of increased traffic and bussing levels. Staff/Applicant Response to Citizen Concerns Martina Wilkinson, Traffic Operations, stated that a traffic study was performed, and her department does want to improve both the westbound and southbound approach. She stated that she did not anticipate an increase in traffic cutting through Meadowlark, because it is a low speed limit area. She also offered to follow-up with Ms. Avens on her concerns. Member Schneider asked how this project is meeting CSU’s LEED goals. Mr. Haberecht said that, while the parking structures do not have LEED standards, it does meet stormwater quality goods, detention goals, enhanced bio-retention goals, and is a good model for parking lots. Member Schneider also asked about the community or City’s goals for climate action or Nature in the City so that meeting these goals is collaborative. Mr. Haberecht responded that that both parking projects are working toward achieving those goals. This project also includes an underpass under Prospect, which directly aligns with City’s goals. He also stated that he feels CSU has made strides in reducing the heating effect of the parking lot. Planning & Zoning Board May 14, 2015 Page 4 Board Deliberation Member Hart made a motion that the Planning and Zoning Board approve the CSU parking lot at Research Boulevard SPAR, SPA#150002, based on the findings and facts on pages 6 and 7 of the staff report. Member Hobbs seconded the motion. Vote: 5:0. Project: CSU Parking Garage SPAR – SPA#150003 Project Description: This is a request for a Site Plan Advisory Review (SPAR) by Colorado State University to construct a new parking garage adjacent to the CSU campus (Parcel #9714413904). The site is located at the southeast corner of West Pitkin Street and the Mason BRT. The site is 2.6 acres and is located in the Community Commercial (CC) zone district. The proposed garage is four stories with a total of approximately 662 parking spaces. The garage will replace an existing portion of a CSU surface parking lot, resulting in a net gain of approximately 450 parking spaces. The University Alumni Center and University Square office buildings are adjacent to the structure to the east while the Mason Trail and MAX BRT are adjacent to the west. The structure would be managed by CSU Parking and Transportation Services (PTS) and access would require a permit or meter payment. A proposed CSU Medical Center is located south of this parking garage at the northwest corner of Prospect and College, and will likely utilize a portion of the garage parking spaces. The Medical Center building will be submitted to the Planning and Zoning Board as a separate project and is also subject to a SPAR review. Recommendation: Approval Board Questions and Staff Response Member Hart asked if it would be possible to save the trees that were going to be removed. Mr. Haberecht responded that many of the larger trees to be removed are already in severe decline, and many will be transplanted or replaced with new trees. Member Hart also asked whether the two buildings that front College Avenue will remain, and Mr. Haberecht replied that they will both be remaining in the same place. Member Hart also asked about the current parking entrances from College, since they are fairly close together, and Mr. Haberecht responded that the goal was to have parking lot access from Lake and Pitkin with an exit onto College. Ms. Wilkinson also responded that there were no new accesses proposed; in addition, the current use has been fairly limited. Member Schneider asked about the future expansion and parking mitigation plans for upcoming projects. Mr. Haberecht responded by saying that the Master Plan calls for several phases of this parking, and the next parking structure will probably occur on the north side of the campus. He also confirmed that this parking structure is included in the Inter-Governmental Agreement between CSU and the City of Fort Collins. Member Hansen asked whether the two entrances from Pitkin will have proper signage. Mr. Haberecht confirmed that there will be signage for drivers and for emergency services. Member Hobbs asked whether the height of the phase two parking structure would be similar to this one, and Mr. Haberecht confirmed that it would be similar. Planning & Zoning Board May 14, 2015 Page 5 Board Deliberation Member Hart made a motion that the Planning and Zoning Board approve the CSU South College Avenue parking garage SPAR, SPA#150003, based on the findings of fact on page 5 of the staff report. Member Hansen seconded the motion. Vote: 5:0. Vice Chair Kirkpatrick rejoined the Board at 7:10pm. Project: 2015 Land Use Code Annual Revisions Project Description: This is a request for a Recommendation to City Council regarding the bi-annual update to the Land Use Code. There are proposed revisions, clarifications and additions to the Code that address a variety of subject areas that have arisen since the last bi-annual update in December of 2014. Recommendation: Approval with exceptions Staff and Applicant Presentations Chief Planner Shepard introduced the topic, and he reviewed the items that were added since the work session: item #1014, which was more of a housekeeping correction of conflicts, and item #1015, Addition of a Permitted Use (APU), which calls for the prohibition of the APU in 9 zone districts. Planning Manager Gloss stated that Staff is proposing an amendment to the parking standards relative to fraternities and sororities that would change the basis for the standard from the number of bedrooms to the number of beds within bedrooms. He gave an example of how the proposed standard would be different from the existing standard. He also said there is an alternative compliance section that was suggested by Staff, which would be evaluated by Staff on a case-by-case basis; for example, if travel were reduced through ride share vehicles, the number of required parking spaces could be reduced. Planning Manager Gloss also explained the recent changes to APU process. There is City Council direction to Staff to bring APU changes to the P&Z Board that would amend 9 of the 25 zone districts (all residential) to not permit the APU provisions for non-residential uses. Planning Manager Gloss named each of the affected zone districts. He stated that Staff feels that this proposed code change is premature and that additional policy analysis be performed for the following reasons: • there is an upcoming survey (next month) of neighborhood residents as well as developers to address this topic; • this topic has had ongoing discussion throughout the current Old Town Neighborhoods Plan; and • revision of this policy would be appropriate during the upcoming revisions to the City Plan. Sue Beck-Ferkiss, from Social Sustainability, reviewed the need for a seasonal community overflow homeless shelter. Rather than building additional shelters, she proposed leveraging existing community assets to provide this service. Because some of the locations used in the past have had barriers due to the LUC restrictions, Council was asked to relieve barriers annually on a case-by-case basis. Council requested a longer term plan to address this need. She illustrated this situation with prior year events, discussing the roles played by each of the city and county partners. She acknowledged the need to have an “agreement” in order to sustain this project and provided statistics on past shelter usage. Planning & Zoning Board May 14, 2015 Page 6 Board Questions and Staff Response Member Kirkpatrick asked whether any APUs had been considered for this request, and Ms. Beck- Ferkiss responded that she had worked with the Planning Department and determined that the present method would be best overall. There was also some discussion regarding the hours of operation and the provision for transportation, both of which are based on the parameter that this shelter is only for emergency situations. Member Hart asked about the defined use of these overflow shelters, and Chief Planner Shepard stated that the number of zone districts could be reduced in the lower density zones. Member Hobbs asked if there are prescribed maximums for each shelter; Ms. Beck-Ferkiss responded that the maximum is 50. Member Hansen asked what the maximum number of beds is at all shelters, and Ms. Beck-Ferkiss responded that there are approximately 160 beds before overflow needs. Member Hansen asked how many locations would be needed, and Ms. Beck-Ferkiss replied that generally only one would be activated on an annual basis as overflow due to cost. She also described how the shelters are operated. Member Schneider asked why the APU isn’t being utilized. Chief Planner Shepard stated that the goal was not to preclude a willing partner, since many different locations could be involved. The APU is still an option, and the Director could approve the use; however, the APU can only be applied to a specific location. Member Schneider feels that the APU process could provide relief because the process would not have to be repeated Secretary Schiager stated that three emails had been received in support of adding the permitted use of a seasonal overflow shelter to the Land Use Code, and one email had been received in opposition to the proposed change to the APU process. Public Input Eric Sutherland, 3520 Golden Currant Boulevard, stated that he feels there are missing items in the LUC revisions that should have been addressed, including the overall SPAR process, which he believes is still incompatible with City processes. Katherine Dubiel, 2936 Eindborough Drive, spoke in support of the overflow shelters. She feels that what is lacking in this LUC is community involvement. She also suggested increased usage of “Next Door” to better communicate with the residents of the affected neighborhoods. She feels that the City has been ignoring citizens who want to be involved in the APU process improvement. Richard Bunch, 1839 Fromme Prairie Way, is associated with the Community of Christ Church. He was not aware of any issues or concerns raised, and he confirmed that his organization was communicating with the staff at Catholic Charities. He is supporting the broadening of the LUC to allow for use of his facility again as a part of a long-term plan for overflow shelters. Paul Patterson, 2936 Eindborough Drive, expressed his appreciation to the Board for their handling of the homeless shelter portion of the LUC and he requested that the Board withdraw this portion of the revision approval for this hearing. He also commented on the definitions and the development standard portions of the homeless shelters and pointed out some inconsistencies in the language. He is also concerned that the APU issues are being included in this round of revisions and was under the impression that they would be addressed in the fall. Brian Tribby, 525 E. Drake Road, is on the Board of Directors for Homeward 2020. He stated his concern with the statistics that were presented relative to the homeless situation in Fort Collins. He is also concerned that our shelters are not available at times when they are needed. He is favor of having a more workable plan going forward. Planning & Zoning Board May 14, 2015 Page 7 Russ McCahan, 815 Whedbee, is a founding Board member of Faith Family Hospitality (a United Way program), which provides homeless shelters for families in Fort Collins and is also associated with the Fort Collins Mennonite Fellowship. He has not been aware of specific issues with running this shelter and wants to encourage the Board to address the homeless situation in our community. Tim Dolan, 4212 New Hampton Court, the Shelter Coordinator for Catholic Charities, presented statistics on the shelter operations and shared the objectives of the shelter. He encouraged the Board to continue to plan ahead for future shelter needs. Staff/Applicant Response to Citizen Concerns Ms. Beck-Ferkiss responded to citizen concerns by reviewing the staff enhancements scheduled for next year. Chief Planner Shepard also explained the difference between group homes and seasonal overflow shelters, which is based on the time frame that a homeless person occupies a home/shelter. Board members took a break at 8:05pm and reconvened at 8:15pm. Board Deliberation Member Hart stated that he feels that items #1004 (seasonal overflow shelters) and #1015 (amending the APU process) need additional discussion. Member Hart asked about item #1013 (required minimum parking for fraternities and sororities) related to counting the number of shelter beds. Planning Manager Gloss responded that this item would be monitored based on periodic inspections. Member Hobbs asked why beds are counted instead of occupants; Planning Manager Gloss responded that either count is acceptable but to count beds is customary and typical. Member Hart made a motion that the Planning and Zoning Board recommend that City Council approve the 2015 Spring Land Use Code changes with the exception of items #1004 and #1015, which merit additional discussion. Member Hobbs seconded the motion. Vote: 6:0. Regarding item #1004 (seasonal overflow shelter), Member Schneider is concerned that this issue does not seem to be addressed on a long-term basis and feels there should be more community outreach on this topic. Member Hobbs agreed and asked if Staff would consider alternative ways to achieve the City’s goals. Vice Chair Kirkpatrick stated that she doesn’t believe this issue should be approved without further review, but would support having it expedited in the future. Member Hansen agreed that, while a solution is needed, he doesn’t support making a quick decision. He asked if these shelters would have to be “renewed” annually, and Chief Planner Shepard explained that it would need an annual renewal from an operational standpoint, but not from a LUC perspective. The APU process would allow an approved operation to continue indefinitely. Member Hart stated his support of finding a long-term solution and would like to see participation within the affected communities. Chair Carpenter stated her concern that this topic did not have appropriate public input, and she questioned whether the process could be altered. She feels that the Board is in agreement and would like to table this issue for now. Member Hart made a motion that the Planning and Zoning Board recommend to City Council to table the spring 2015 Land Use Code change for item #1004 pending further staff work. Member Schneider seconded. Chair Carpenter added a friendly amendment that this review is expedited Planning & Zoning Board May 14, 2015 Page 8 for review prior to the Fall LUC change recommendations. Member Hart accepted this amendment. Vote 6-0. Regarding item #1015 (amending the APU process), Member Hart commented that the LUC is so prescriptive, which is why the APU is a useful tool in allowing changes to zoning and usage. He is not in favor of these changes. Member Schneider is also opposed to changing these 9 zones, and he feels that approving this recommendation would be a disservice to the community and City Plan. Member Hobbs doesn’t believe that allowing the continued use of the APU process will cause unbridled development in neighborhoods where it isn’t welcome; since APU’s undergo rigorous reviews, he believes that the process functions in a positive and valuable manner. Vice Chair Kirkpatrick feels that this Board has been very consistent in their past decisions and considers the APU process to be a useful tool for all zone districts. Member Hansen agreed with the other Board members and would be open to other revisions aside from this one. Member Hart feels that this Board has been careful to ensure that neighborhoods are not negatively impacted. Chair Carpenter feels that the Board has worked diligently to protect neighborhoods in their APU reviews, and she would like the opportunity to discuss this recommendation before it is considered by the City Council. She believes it serves a valuable role in the planning process by preserving flexibility within such a prescriptive code. Director Kadrich stated that this information had been presented to the City Council during a work session at their request. Council had made a recommendation to include this topic in further studies through the City Plan at a later date. They were also approached by citizens and had asked for an update, which was provided in a summary format. She recommended that this item be taken to Council for separate consideration, rather than as part of the bi-annual revision process. Member Schneider made a motion that the Planning and Zoning Board recommend to City Council not to amend 1.3.4, the Addition of Permitted Use, to remove the APU from the nine zone districts listed by Staff. Member Hobbs seconded. Vote 6-0. __________________ Project: Harmony & Strauss Cabin Convenience Shopping Center PDP#140022 Project Description: This is a request for a Project Development Plan (PDP) for commercial development on 13 acres located at the southeast corner of East Harmony Road and Strauss Cabin Road in the H-C, Harmony Corridor zone district. The project proposes 9 buildings, with potential uses of bank, restaurant, retail, and health and membership club. Buildings are one and two stories. Total proposed floor area is 84,000 square feet. The plan includes improvements to the Harmony Road & Strauss Cabin Road intersection. Recommendation: Approval Staff and Applicant Presentations Planner Mapes gave a brief introduction of the project, including a PowerPoint presentation. Brian Williamson, Consultant with TST, Inc. also gave a presentation, focusing on site plans, overall layout, the development sections located on Harmony, an overview of utilities, and plans for traffic mitigation and landscaping. Planning & Zoning Board May 14, 2015 Page 9 Board Questions and Staff Response Member Hobbs inquired as to whether this plan also includes residential development, and Mr. Williamson confirmed that it did not. Member Hansen asked the distance of the right turn lane from Harmony, and Mr. Williamson responded that the distance is established based on the speed limit on Harmony. Public Input Eric Sutherland, 3520 Golden Currant, would like more information on the transit routes, pedestrian crossing, and parking issues. Staff/Applicant Response to Citizen Concerns Ms. Wilkinson responded to the citizen concerns by saying that Transfort has been involved in the planning process by helping to plan the routes and identifying appropriate locations for bus stops. The applicant has been asked to complete the sidewalk on the north side of the property along Harmony down to the frontage road signal. Board members asked about connectivity to trails without having access to Harmony. Planner Mapes said Harmony replied that there is potential future location for connection from the Fossil Creek Trail up to the Poudre Trail through Arapaho Bend on the north side of the property. Harmony could be considered a barrier to pedestrian traffic, but the site plan provides space for that future collaboration for connectivity. Member Hobbs inquired about the involvement with stormwater as the landscape is changed, and Planner Mapes responded by saying this first phase can be accommodated, although future phases will require review. Mr. Williamson added that stormwater will be involved to determine what retention will be required. Vice Chair Kirkpatrick asked if Mr. Sutherland’s concerns regarding future parking could also be addressed, and Mr. Williamson responded that there will be a business association that will be responsible for maintaining the development and ensuring the parking spaces are not abused. Board Deliberation Member Hart made a motion that the Planning and Zoning Board approve the Harmony & Strauss Cabin Convenience Shopping Center PDP#140022, based on findings of fact on pages 6 and 7 on the Staff Report. Member Schneider seconded the motion. Member Schneider complimented the architecture and design presented. Member Hansen agreed and sees the potential for future growth. Vote: 6:0. Other Business None noted. The meeting was adjourned at 9:14 pm. Laurie Kadrich, CDNS Director Jennifer Carpenter, Chair Agenda Item 2 STAFF REPORT July 9, 2015 Planning and Zoning Board PROJECT NAME KECHTER FARM SECOND ANNEXATION AND ZONING #ANX150001 STAFF Ted Shepard, Chief Planner PROJECT INFORMATION PROJECT DESCRIPTION: This is a request to annex and zone 75.58 acres located generally west of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. The annexation is divided into three parcels, all being a portion of the Kechter Farm General Development Plan as approved in Larimer County. This is a 100% voluntary annexation. The property is formerly a farm and currently zoned FA-1, Farming, in Larimer County. In accordance with the City Plan’s Structure Plan Map and the Fossil Creek Reservoir Area Plan, the requested zoning for this annexation is L- M-N, Low Density Mixed-Use Neighborhood, on Parcels One and Two and U-E, Urban Estate on Parcel Three. The surrounding properties are currently zoned L-M-N north of Trilby Road and U-E, south of Trilby Road. Homestead Estates, FA-1, Farming, (Larimer County) is to the north of Parcel One. APPLICANT: Mr. Mark Bailey Toll CO I LLC c/o Ripley and Associates 419 Canyon Drive Fort Collins, CO. 80521 OWNER: Mr. Mark Bailey Toll CO I LLC 10 Inverness Drive East Englewood, CO 80112 RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed the zone districts as follows: Parcel One (18.75 acres) – L-M-N Parcel Two (18.73 acres) – L-M-N Parcel Three (41.1 acres) – U-E Staff recommends placement into the Residential Neighborhood Sign District. Item # 2 Page 1 Agenda Item 2 EXECUTIVE SUMMARY This is a request to annex and zone Phase Two (78.58 acres) of the Kechter Farm, a subdivision located in the Fossil Creek Reservoir Cooperative Planning Area. In this area, per the Fossil Creek Reservoir Area Plan and the Intergovernmental Agreement, Larimer County processes, reviews, and approves both the plat and development plan for the benefit of implementing their Transfer of Density Units program. Kechter Farm Second Annexation consists of three parcels, all of which, individually, have the necessary one-sixth contiguity with the existing municipal boundary. The two parcels north of Trilby Road are recommended to be zoned L-M-N. The parcel south of Trilby Road is recommended to be zoned U-E. All Parcels would be placed in the Residential Neighborhood Sign District. COMMENTS: 1. Background: The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the (1.) Intergovernmental Agreement for the Fort Collins Growth Management Area, and (2.) Fossil Creek Reservoir Area Plan, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The site is located in an area designated by the sub-area plan as the Cooperative Planning Area adjacent to Fossil Creek Reservoir. The I.G.A. regarding the Cooperation on Managing Urban Development (adopted on June 24, 2008) stipulates the following: “The County may accept development applications for land located within any area that is part of a “receiving area” established through an adopted sub-area plan for any Larimer County Transferable Density Units Program. At such time as the County requires a landowner in a receiving area to request annexation to the City, the City will process the annexation petition such that the annexation, if approved by the City, will be completed within thirty-five (35) days following the County’s approval of the final plat.” (Section 5B). This procedure results in the City annexing a County-approved subdivision. Kechter Farm Second Annexation is following the same sequence and process that governed Kechter Farm First Annexation. The subject property gains the required one-sixth contiguity to existing City limits from common boundaries in the following manner: • Kechter Farm First Annexation (zoned L-M-N and annexed in May of 2014); • Mail Creek Crossing Annexation (zoned L-M-N and annexed in January, of 2014); • Kinard Junior High School Annexation (zoned L-M-N and annexed in March of 2007); • Westchase P.U.D. (zoned L-M-N and U-E and annexed in December of 2001). As a result, 67% of the total perimeter is contiguous to the existing municipal boundary which exceeds the required minimum (16.66%). This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins Intergovernmental Agreements. Item # 2 Page 2 Agenda Item 2 The surrounding zoning and land uses are as follows: N: FA-1; Homestead Estates (County) S: P-O-L; Fossil Creek Reservoir Natural Area E: U-E; Fossil Creek Estates E: L-M-N; Fossil Creek Estates W: U-E; Westchase P.U.D. (north of Trilby Road) W: L-M-N; Westchase P.U.D. (south of Trilby Road) • Kechter Farm General Development Plan (286 acres) was approved in Larimer County in December of 2012. • Kechter Farm First Filing Preliminary Plat (88.21 acres) was approved in Larimer County in January of 2014. • Kechter Farm First Filing was annexed by the City in May of 2014. • Kechter Farm Second Filing is scheduled for consideration by the Board of County Commissioners within the next two months. • The I.G.A. requires that the City annex the parcel within 35 days of the final action of the B.C.C. City and County Planning staffs are coordinating the entitlement schedule in such a manner as to comply with the I.G.A. With City Council First and Second Readings scheduled for August 18th and September 1st respectively, the sequence and timing of the required by the I.G.A. will be satisfied. 2. Fossil Creek Reservoir Area Plan: The parcel is located within the Fossil Creek Reservoir Area Plan, jointly adopted by the City of Fort Collins and Larimer County in 1998 and amended in 1999. According to the Land Use Framework Plan, the subject parcels should be placed into the Low Density Mixed-Use Neighborhood zone north of Trilby Road, and Urban Estate zone south of Trilby Road. The proposed zoning complies with this Framework Plan. 3. Kechter Farm General Development Plan: It is important to make the distinction that this annexation follows the approval of a subdivision approved in Larimer County per the I.G.A. This is not an annexation of vacant land that depends on subsequent submittal, review and action by the City of a Project Development Plan in order to develop. The Kechter Farm General Development Plan is attached for illustrative purposes only. While approved in the County, the final development plan was reviewed in close collaboration with the City so that public infrastructure would be installed per the Larimer County Urban Area Street Standards. 4. Larimer County Transfer of Density Units: As part of the Fossil Creek Reservoir Area Plan, Larimer County adopted the Transfer of Density Units for the purpose of conserving environmentally sensitive lands (the sending area) and allowing a modified L-M-N level of density (the receiving area) with the plan area. Kechter Farm has played a key role in this program. Item # 2 Page 3 Agenda Item 2 Overall, Kechter Farm contains a total of 286 acres. The area nearest the reservoir was designated as the sending area for T.D.U.’s. The area north of the natural resource buffer was designated as the receiving area. In 2012, the B.C.C. approved the General Development Plan which permanently protected over 116 of the 286 acres (41%) making the conservation of this land the last major piece of the Fossil Creek Reservoir conservation effort called for in the Fossil Creek Reservoir Area Plan. 5. Enclave Area Reduced: Kechter Farm First annexation created an enclave of approximately 180 acres located to the north and west. The recent annexation of Mail Creek Crossing (zoned L-M-N in January of 2014) reduces this enclave to approximately 139 acres. Kechter Farm Second Annexation does not impact the size of the remaining enclave nor creates a new enclave. 6. Findings of Fact: • The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. • The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area. • The requested zoning, L-M-N Low Density Mixed-Use Neighborhood on Parcels One and Two, and U-E, Urban Estate on Parcel Three, is in conformance with the policies of the City's Comprehensive Plan and the Fossil Creek Reservoir Area Plan. • The request is in conformance with Section 2.9, Amendment to the Zoning Map, of the City of Fort Collins Land Use Code. • On July 7, 2015, the City Council approved a resolution that accepted the annexation petition and determined that the petition was in compliance with State law. The resolution also initiated the annexation process for the property by establishing the date, time and place when a City Council public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. • The Annexation and Zoning of Kechter Farm Second follows the approval of the final development plan as approved by Larimer County Board of County Commissioners in accordance with the Cooperative Planning Area per the Fossil Creek Reservoir Area Plan. This is the same sequence of entitlement that was followed for Kechter Farm First Annexation and allows Larimer County to implement its Transfer of Density Units program. RECOMMENDATION: Staff recommends approval of the Kechter Farm Second Annexation and that Parcels One and Two be placed in the L-M-N, Low Density Mixed-Use Neighborhood zone and that Parcel Three be placed in the U-E, Urban Estate zone. Item # 2 Page 4 Agenda Item 2 Staff recommends that all the area contained within this Annexation be included in the Residential Neighborhood Sign District. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Enclave Area Map (PDF) 5. Development Plan Illustrative Map (PDF) Item # 2 Page 5 FarmKechter Site Annexation - (Phase Two) Parcel 1 Parcel 2 GODDARD Parcel 3 SCHOOL KINARD KNOWLEDGE CORE MIDDLE SCHOOL TRAUT KNOWLEDGE CORE HIGH FOSSIL SCHOOL RIDGE ELEMENTARY BACON REDEEMER CHILDHOODEARLY CENTER EZALECMHENTARY PMRIEDSDTLOEN SCHOOL S Timberline Rd Ziegler Rd Kechter Rd E Trilby Rd E H armony Rd 1 inch = 2,000 feet Kechter Vicinity Farm (Phase Map Two) ATTACHMENT 1 Legend Major Street Names Annexation City Limits Growth Management Area FarmKechter Site Annexation - (Phase Two) Parcel 1 Parcel 2 Parcel 3 ZIEGLER RD S TIMBERLINE RD KECHTER RD F o s s i l C r e e k R e s e r v o i r Mail Crossing Creek Kechter Structure Farm (Phase Plan Two) Boundaries Fort Collins GMA City Limits County Boundary Districts Neighborhood Commercial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Rural Lands Corridors Open Lands, Parks and Water Corridors 1 in = 0.2 miles ATTACHMENT 2 Parcel LMN 1 Parcel LMN 2 Parcel UE 3 FarmKechter Site Annexation - (Phase Two) ZIEGLER RD S TIMBERLINE RD KECHTER RD F o s s i l C r e e k R e s e r v o i r LMN POL T NC MMN RL UE Growth Management Area City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential Transition (T) Urban Estate (UE) Kechter Farm Zoning (Phase Two) 1 inch = 1,200 feet ATTACHMENT 3 Parcel 1 Parcel 2 Parcel 3 FarmKechter Site Annexation - Mail Creek Crossing (Phase Two) annexed Jan.ac 39 2014 S TIMBERLINE RD E TRILBY RD KECHTER RD City Limits F o s s i l C r e e k R e s e r v o i r Enclave Area Growth Management Area Kechter Enclave Farm Area (Phase Reduced Two) 1 inch = 1,200 feet ATTACHMENT 4 ATTACHMENT 5