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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/15/2013 - ITEMS RELATING TO THE HANSEN FARM ANNEXATION AND ZThis annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the City of Fort Collins and Larimer County Intergovernmental Agreements, and the City of Fort Collins Land Use Code. DATE: January 15, 2013 STAFF: Seth Lorson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 14 SUBJECT Items Relating to the Hansen Farm Annexation and Zoning. A. Resolution 2013-001 Setting Forth Findings of Fact and Determinations Regarding the Hansen Annexation. B. Hearing and First Reading of Ordinance No. 006, 2013, Annexing Property Known as the Hansen Annexation. C. Hearing and First Reading of Ordinance No. 007, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included In the Hansen Annexation to the City of Fort Collins, Colorado . EXECUTIVE SUMMARY The applicant and property owner, HTC, LLC (McWhinney), has submitted a written petition requesting annexation of 69.42 acres into the City, located on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The property, formerly a farm, is primarily vacant with the exception of a farmhouse (single-family dwelling). It is in the FA1 – Farming Zone District in Larimer County. The requested zoning for this annexation is NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres). The surrounding properties are currently zoned FA1 - Farming in Larimer County to the south, east and west; beyond which, to the west, is the Union Pacific Railroad and the Southridge Golf Course and, to the south, is LMN – Low Density Mixed-Use Residential and MMN – Medium Density Mixed-Use Neighborhood; RL – Low Density Residential and LMN – Low Density Mixed-Use Residential to the north in the City. BACKGROUND / DISCUSSION This is a 100% voluntary annexation for a property owned by HTC, LLC (McWhinney) and is located within the Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State statutes. This property gains the required 1/6 contiguity to existing city limits from a common boundary with the Willow Springs Subdivision (2002) to the north, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The surrounding zoning and land uses are as follows: N: LMN & RL in the City of Fort Collins; Single-family Residential E: LMN in the City of Fort Collins; Single-family Attached & Bacon Elementary School FA1 – Farming in Larimer County; Single-family Residential S: MMN & LMN in the City of Fort Collins; Single-family Residential W: POL & RL in the City of Fort Collins; Single-family Residential & Southridge Golf Course FA1 – Farming in Larimer County; Single-family Residential The proposed area and acreage for the Neighborhood Commercial (NC) zone has been slightly altered from what exists on the City Structure Plan. Each request for an evaluation of a zoning proposal relative to Structure Plan is evaluated on a case-by-case basis by Long Range and Current Planning staff. After meeting with the applicant, the January 15, 2013 -2- ITEM 14 staff team met several times to analyze and evaluate the Hansen Farm Annexation and Zoning request and consider how the proposal related to the Structure Plan. The Structure Plan calls for 8.4 acres of Neighborhood Commercial on this property and it was originally intended to be the site of a neighborhood service center with a smaller grocery anchor (i.e., Sprouts Market). A typical neighborhood service center with a traditional sized grocery store (i.e., King Soopers) is 10 – 15 acres. During the development of the Fossil Creek Reservoir Area Plan, staff received input from the Willow Springs neighborhood (to the north and adjacent to the Hansen Farm) expressing concern about the commercial and medium density/mixed-use areas and asking that the LMN area serve as a transition between these more intense areas to the south. The Hansen Farm has several key opportunities/constraints on the property, including the Mail Creek Ditch (along north side); existing tree groves along the north/northwest area of the property; and the existing farm buildings on the site and the existence of these areas was also taken into consideration in evaluating the zoning proposal and its conformance with the Structure Plan. Based on the grocery development that has occurred on Harmony Road (King Soopers, Safeway, Sprouts, Super Target), the likelihood of another grocery locating at this site appeared to be diminished. A more logical commercial development at this location would be more in the scale of neighborhood convenience shopping, which is typically 6-10 acres. The proposed zoning request for this annexation is for 6.33 acres of Neighborhood Commercial; 16.69 acres of MMN; and 46.4 acres of LMN. The Neighborhood Commercial area is about two acres smaller than what is shown on the Structure Plan. This area is proposed on the Hansen Farm to be re-configured and located to the south, farther from the Willow Springs neighborhood and the LMN area increased in size. The reduced size of the Neighborhood Commercial area can still provide neighborhood services for the surrounding residential areas at a scale that is more viable, given the Harmony Road development that has occurred. Staff believes the proposed zoning for the Hansen Farm Annexation is consistent with the intent of the Structure Plan and is a minor change that would not warrant an amendment to the Structure Plan. The Planning and Zoning Board had extensive discussion regarding the alteration of the proposed zoning from what is indicated in the Structure Plan. Additional information was provided for the discussion at the public hearing (see Attachment 4). The Planning and Zoning Board agreed that the proposed alterations from the Structure Plan were not significant enough to warrant an amendment to Structure Plan. Zone Districts The following three zone districts are intended to function together in a town-like pattern of development with a commercial core and land use transitions to low-density residential development, providing transit and services within walking distance of a variety of residential housing types. • Neighborhood Commercial (NC) – The purpose of this district is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods. Permitted uses include grocery stores, restaurants, retail, gas stations, convenience stores etc. • Medium Density Mixed-Use Neighborhood (MMN) – The purpose of this district is to provide concentrated housing within easy walking distance of transit and a commercial district and to provide a transition between commercial and lower density residential development. Permitted uses include, but are not limited to, multi- family dwellings, mixed-use dwellings, and townhomes requiring a mix of housing types and a minimum density of 7 dwelling units per acre. • Low Density Mixed-Use Neighborhood (LMN) – The purpose of this district is to provide a predominance of low density housing combined with supporting land uses and a variety of housing choices. Permitted uses include, but are not limited to, single-family dwellings, townhomes, and multi-family dwellings requiring a mix of housing types and a minimum density of three units per acre. Findings 1. 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. January 15, 2013 -3- ITEM 14 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On November 20, 2012, Council adopted Resolution 2012-107 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 public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested zoning, NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres), is in conformance with the policies of the City's Comprehensive Plan. 5. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary should the Planning and Zoning Board recommend that this property be place on the Residential Neighborhood Sign District Map. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on December 20, 2012 and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to recommend that the property be zoned NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres). PUBLIC OUTREACH A neighborhood meeting was not held for this project because it is not a development proposal, and the project complies with State law and the City of Fort Collins Land Use Code regarding annexations. ATTACHMENTS 1. Vicinity Map 2. Zoning Map - Existing Zoning and Proposed Zoning 3. Structure Plan Map 4. Planning and Zoning Board memo, December 20, 2012 5. Planning and Zoning Board minutes, December 20, 2012 penter UNION PACIFIC RAILROAD S LEMAY AVE E HARMONY RD E TRILBY RD S TIMBERLINE RD Hansen Farm Vicinity Annexation Map and Zoning Legend City Limits Streets Railroad 0 0.25 0.5 1 Miles Annexation Site Willow Subdivision Springs Fossil Linden Ridge Park at Subdivision Golf Southridge Course Subdivision Westchase I ATTACHMENT 1 BACON ELEMENTARY RL LMN RL LMN POL UE RL POL MMN POL UE UE LMN UE LMN UNION PACIFIC RAILROAD E TRILBY RD S TIMBERLINE RD Hansen Farm Existing Annexation City Zoning and Zoning Legend City Limits Streets Railroad Schools City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Public Open Lands (POL) Low Density Residential (RL) Urban Estate (UE) 0 375 750 1,500 Feet Annexation Site Willow Subdivision Springs Fossil Linden Ridge Park at Subdivision Golf Southridge Course Subdivision Westchase Zephyr Rd. I ATTACHMENT 2 RL LMN LMN POL UE POL MMN POL UE UE UE LMN LMN BACON ELEMENTARY UNION PACIFIC RAILROAD E TRILBY RD S TIMBERLINE RD Hansen Proposed Farm Annexation City Zoning and Zoning Legend City Limits Schools Streets Railroad City Zoning ZONE Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Urban Estate (UE) 0 375 750 1,500 Feet Annexation Site Willow Subdivision Springs Fossil Linden Ridge Park at Subdivision Golf Southridge Course Subdivision Westchase Zephyr Rd. I MMN LMN NC ATTACHMENT 2 BACON ELEMENTARY E TRILBY RD S TIMBERLINE RD Hansen Farm Structure Annexation Plan and Zoning Legend City Limits Streets Railroad Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Neighborhood Commercial District Open Lands, Parks and Water Corridors Schools 0 375 750 1,500 Feet Annexation Site Willow Subdivision Springs Fossil Linden Ridge Park at Subdivision Golf Southridge Course Subdivision Westchase I ATTACHMENT 3 UNION PACIFIC RAILROAD BNSF RAILROAD INTERSTATE 25 S LEMAY AVE S COLLEGE AVE ZIEGLER RD E HORSETOOTH RD E TRILBY RD E COUNTY ROAD 30 E HARMONY RD CARPENTER RD STATE HIGHWAY 392 KECHTER RD S US HIGHWAY 287 BOARDWALK DR S TIMBERLINE RD INTERSTATE 25 in Grocery Proximity Stores to Hansen and Commercial Farm Annexation Zoning Legend Annexation Site 2 Mile Radius GMA City Limits Railroad Commercial Zoning ZONE General Commercial (CG) Limited Commercial (CL) Service Commercial (CS) Employment (E) Harmony Corridor (HC) Neighborhood Commercial (NC) ^_ 0 0.25 0.5 1 Miles ^_ ^_ ^_ ^_Existing Grocery King Soopers Safeway Target Walmart ^_ Sprouts Walmart ^_F Walmart ^_ Sam's Club ^_ UNION PACIFIC RAILROAD BNSF RAILROAD INTERSTATE 25 S LEMAY AVE S COLLEGE AVE ZIEGLER RD E HORSETOOTH RD E COUNTY ROAD 30 E HARMONY RD CARPENTER RD STATE HIGHWAY 392 KECHTER RD S US HIGHWAY 287 S TIMBERLINE RD Grocery in Proximity Stores to and Hansen Residential Farm Annexation Development Legend Annexation Site 2 Mile Radius City Limits GMA Provincetowne - 442 units McClelland - 138 units Observatory Village - 61 units Kechter Farm - 406 units One Boardwalk Place - 24 units Kechter Crossing - 75 units Crowne - 300 units ^_ 0 0.25 0.5 1 Miles ^_ ^_ ^_ ^_ Existing Grocery King Soopers Safeway Target Walmart ^_ Sprouts ^_Walmart ^_ Sam's Club Walmart ^_ Under Construction Under Review F Community Development & Neighborhood Services Long Range Planning 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 970.221.6376 970.224.6111- fax Hansen Farm Annexation Neighborhood Commercial Center Policy Background 1. Fossil Creek Reservoir Area Plan Neighborhood Commercial Center Policy Background At the time of adoption of the Fossil Creek Reservoir Area Plan (plan) in 1998 the land use framework map identified a neighborhood commercial center (NC) and medium density mixed-use neighborhoods (MMN) land use designations on a portion of the Hansen property. The intent of this NC designation was to locate a smaller commercial center in the plan area, than what is typically considered throughout the City of about 15-20 acres in size including a grocery anchor. As part of the public input process during plan development, staff received comments or concerns not supporting a larger NC footprint due to traffic impacts and intensity of use in the area. The framework map described an NC area of about 8-10 acres in size. The plan policy encouraged a smaller grocery anchor, but also identified other neighborhood oriented, non-residential uses. Typically grocery stores locate on intersections of two larger arterial street intersections and have a market area of about four square miles. This is why all of the existing grocery anchored shopping centers have located along Harmony Road including King Soopers, Safeway, Sam’s Club, Sprouts, Target, and Walmart, all serving the greater southeast part of the City (see map). In review of the proposed NC and adjoining MMN as part of the Hansen Farm Annexation, staff determined the smaller size NC area (approximately 6 acres) still is consistent with the plan in providing neighborhood oriented retail, office and other uses, acknowledging the market more than likely will not support a grocery store at this location as a result of number of stores existing along Harmony Road. The intersection at this location includes Timberline Road (future 4-lane arterial), and Zephyr Drive (collector). As such, staff concluded that the proposed size and location of both the NC and MMN zoning is consistent with existing policy direction, and did not warrant an amendment to either the Fossil Creek Reservoir Area Plan or the City Structure Plan maps. Fossil Creek Reservoir Area Plan – Land Use Policy for NC 2.2.4. Neighborhood Commercial Center. The neighborhood Commercial Center is intended to be a mixed-use commercial core area anchored by a grocery store or supermarket and a primary transit stop. The main purpose of this center is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding neighborhoods including a medium density mixed-use Hansen Farm Annexation – Policy Background December 18, 2012 Page 2 neighborhood. In addition to retail and services, the center may include small civic facilities, day care, and dwellings. 2.3.4. Neighborhood Commercial Center Policies. FC-LUF-9 Designated space for a neighborhood commercial center approximately 10 acres in size will be located on the west side of Timberline Road approximately 1½ miles south of Harmony Road. FC-LUF-10 A grocery store or supermarket will be encouraged as the anchor for this center, and the center may also include shops, offices and clinics, services, civic uses, residential (such as lofts or apartments) and some limited auto-related services. FC-LUF-11 Buildings will be limited to 2½ stories in height. 2. City Plan – Land Use Policy for NC Policy LIV 6.3 – Encourage Introduction of Neighborhood-Related, Non-Residential Development Encourage the addition of new services, conveniences, and/or gathering places in existing neighborhoods that lack such facilities, provided they meet performance and architectural standards respecting the neighborhood’s positive characteristics, level of activity, and parking and traffic conditions. NEIGHBORHOOD COMMERCIAL DISTRICTS Purpose: Neighborhood Commercial Districts are intended to serve as a focal point for one or more neighborhoods and are characterized by small-scale retail and service uses that may include mixed-use or attached housing opportunities. Neighborhood Commercial Districts are characterized by a compact scale, pedestrian and bicycle friendly design, and clear linkages to the surrounding neighborhood(s). Neighborhood Commercial Districts are unique to Low Density Mixed-Use Neighborhoods, although they may be accessible to adjoining Medium Density Mixed-Use Neighborhoods. Examples of Neighborhood Commercial Districts include the supermarket centers at Taft Hill Road and Drake Road, and Timberline Road and Drake Road. Principle LIV 36: Neighborhood Commercial Districts will provide everyday goods and services for nearby residents, and will be pedestrian oriented places that serve as focal points for the surrounding neighborhoods. Policy LIV 36.1 – Mix of Uses Neighborhood Commercial Districts may include a mix of neighborhood serving uses, as follows: · Principal uses: Grocery store, supermarket, or other type of anchor, such as a drugstore. Anchor uses will generally be smaller than those found in a General or Community Commercial District, in keeping with the lower-intensity character of their Low Density Mixed-Use Neighborhood location. · Supporting uses: Retail, professional office, day care (adult and child), and other neighborhood services, along with live-work and residential units, civic/institutional uses, pocket parks and Hansen Farm Annexation – Policy Background December 18, 2012 Page 3 other outdoor gathering spaces, and other supporting uses. Neighborhood Commercial Districts may include locations for some limited auto-related uses. Policy LIV 36.2 – Location Locate Neighborhood Commercial Districts near Low Density and Medium Density Mixed-Use Neighborhoods. Access for pedestrians and bicyclists should be a priority. Policy LIV 36.3 – Scale and Design The scale and design of a Neighborhood Commercial District should reinforce the positive identity, character, comfort, and convenience of the surrounding Low Density Mixed-Use Neighborhood. Encourage two- to three-story buildings to establish the District as a focal point of activity and increase the potential for a vertical mix of uses, such as locating dwellings or offices over shops. Also permit one-story buildings. Neighborhood Commercial Districts are limited to seven (7) acres in size; however, existing Districts in established neighborhoods may be as small as a half an acre. Note: Staff has confirmed the highlighted statement above is incorrect in City Plan. Planning and Zoning Board Special Hearing Minutes December 20, 2012 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Andy Smith Phone: (H) 482-7994 Chair Andy Smith called the meeting to order at 6:02 p.m. Roll Call: Campana, Carpenter, Kirkpatrick, Schmidt, Smith, and Stockover Unexcused Absence: Hatfield Staff Present: Kadrich, Daggett, Lorson, Barnes, Holland, and Sanchez-Sprague … _______ Project: Hansen Farm Annexation and Zoning, #ANX120007 Project Description: The applicant and property owner have submitted a written petition requesting annexation of 69.42 acres into the City located on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The property, formerly a farm, is primarily vacant with the exception of the farmhouse (single-family dwelling) and some out-buildings. It is in the FA1 – Farming Zone District in Larimer County. The requested zoning for this annexation is NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres). Recommendation: Staff recommends approval of the annexation and recommends that the property be placed in the NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed- Use Neighborhood (46.4 acres) zone districts. Staff is also recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary should the Planning and Zoning Board recommend that this property be place on the Residential Neighborhood Sign District Map. ATTACHMENT 5 Planning & Zoning Board December 20, 2012 Page 2 Hearing Testimony, Written Comments and Other Evidence City Planner Seth Lorson said this is a 100% voluntary annexation for a property owned by HTC, LLC (McWhinney) and is located within the Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area (GMA), the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State statutes. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Willow Springs Subdivision (2002) to the north, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. Lorson spoke to some questions raised by the board at their work session on December 14. He said based on the grocery development that has occurred on Harmony Road (King Soopers, Safeway, Sprouts, Super Target), the likelihood of another grocery locating at this site appeared to be diminished. A more logical commercial development at this location would be more in the scale of neighborhood convenience shopping, which is typically 6-10 acres. The proposed zoning request for this annexation is for 6.33 acres of Neighborhood Commercial; 16.69 acres of MMN; and 46.4 acres of LMN whereas the Structure Plan called for 8.4 acres of Neighborhood Commercial; 7.35 acres of MMN; and 53.13 acres of LMN. The Neighborhood Commercial area is about two acres smaller than what is shown on the Structure Plan. It is proposed that it be re-configured and located to the south, farther from the Willow Springs neighborhood. The LMN area will be increased in size. During the development of the Fossil Creek Reservoir Area Plan, staff received input from the Willow Springs neighborhood (to the north and adjacent to the Hansen Farm) expressing concern about the commercial and medium density/mixed-use areas and asking that the LMN area serve as a transition between these more intense areas to the south. The Hansen Farm has several key opportunities/constraints on the property, including the Mail Creek Ditch (along north side); existing tree groves along the north/northwest area of the property; and the existing farm buildings on the site and the existence of these areas was also taken into consideration in evaluating the zoning proposal and its conformance with Structure Plan. Senior Planner Pete Wray provided a policy background for City Plan (1997) and the Fossil Creek Reservoir Area Plan (1998-1999). He said each request for an evaluation of a zoning proposal relative to Structure Plan is evaluated on a case-by-case basis by Long Range and Current Planning staff. After meeting with the applicant, the staff team met to analyze and evaluate the Hansen Farm Annexation and Zoning request and consider how the proposal related to Structure Plan. The reduced size of the Neighborhood Commercial area can still provide neighborhood services for the surrounding residential areas at a scale that is more viable, given the Harmony Road development that has occurred. Staff believes the proposed zoning for the Hansen Farm Annexation is consistent with the intent of Structure Plan and is a minor change that would not warrant an amendment to Structure Plan. Lorson reviewed maps that showed existing grocery and commercial zoning for the area that is border by South College, East Horsetooth, I-25, and E. County Road 30. Additionally he noted there are 641 residential units under construction and 805 residential units under review. Staff recommends approval of the annexation and recommends that the property be placed in the NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres) zone districts. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary should the Planning and Zoning Board recommend that this property be place on the Residential Neighborhood Sign District Map. Planning & Zoning Board December 20, 2012 Page 3 Applicant Presentation Linda Ripley of Ripley Design, Inc. said she’s here representing McWhinney. She said Kim Perry is also here and she’ll be addressing the board. She said the Structure Plan (as mentioned by staff member Pete Wray) is really a broad brush. It’s intended to provide a basic framework of land use planning early on to guide future land use designations when properties are annexed. Often times those designations are made long before land owners are aware of what they want to do with their property. City Plan gives us guidance to how to use the Structure Plan – it is a guide for future zoning decisions. It also says specific zoning boundaries will be determined as part of the development review process for annexation that accesses detailed site conditions such as property boundaries, streets right-of-way, drainages, etc. That is what we’re doing here with this annexation and zoning. They took a close look at the proposed zoning on the Structure Plan and what happens as it’s overlaid onto the Hansen property. She reviewed slides that showed that overlay. She said the Neighborhood Commercial District is intended to be a mixed-use commercial core area anchored by a supermarket or grocery store and a transit stop. The main purpose of this District is to meet consumer demands for frequently needed goods and services, with an emphasis on serving the surrounding residential neighborhoods typically including a Medium Density Mixed-Use Neighborhood. She said in addition to retail and service used, the District may include neighborhood-oriented uses such as schools, employment, day-care, parks, small civic facilities, as well as residential uses. The District is intended to function together with a surrounding Medium Density Mixed-Use Neighborhood, which in turn serves as a transition and a link to larger surrounding low density neighborhoods. The intent is for the component zone districts to form an integral, town-like pattern of development with this District as a center and focal point; and not merely a series of individual development projects in separate zone districts. The scale and design of a Neighborhood Commercial District should reinforce the positive identity, character, comfort, and convenience of the surrounding Low Density Mixed-Use Neighborhood. It encourages two- to three-story buildings to establish the District as a focal point of activity and increase the potential for a vertical mix of uses, such as locating dwellings or offices over shops. Ripley said you could do about the same sized center whether it was on the north or the south but she thinks there are advantages to putting it on the south. They think it allows for a multi-family project (usually the intent of MMN zoning) and it also allows a significant piece of property yet to the north of MMN. It allows them to go from the single family houses in Willow Springs (north) to a denser single- family project, then transition to a multi-family project, and then transition to a commercial center. It’s a classic land use transition. They believe it’s a better land use pattern. Ripley said City Plan actually stated the maximum size of a neighborhood center should be 7 acres. Since then staff member Pete Wray has indicated that’s incorrect. She believes that’s true as many of our centers are larger than that. It makes the point that a neighborhood center does not have to be 13- 15 acres to be a bona-fide neighborhood center. She showed a variety of slides with neighborhood centers including Beavers Market (7,000 square feet) and Vitamin Cottage (15,000 square feet). She said the center can be large what what’s designated in NC as MMN allows a variety of uses. She said their proposal does a better job of meeting the LUC (Land Use Code) than the Structure Plan initial layout. Kim Perry of McWhinney said she’s like to share some of the due diligence they’ve been doing the past 6-9 months. There have been discussions specifically for that site with retailers and potential tenants. She said they do a lot of retail and commercial development and are in constant contact with retailers and brokers (Sullivan Hayes) who specialize in retail development. Some of the responses have been the major players (such as Safeway and King Soopers) are already located in the Harmony Corridor. They are very concerned about cannibalizing their own stores. They would not build another store within 4 miles of an existing store. Planning & Zoning Board December 20, 2012 Page 4 Perry said another common theme by the retailers is consumers want to group their trips. The grocery stores located on Harmony really serve that purpose well --there’s a critical mass that allows the consumer to group their trips together. The retailers really look at traffic at the sites where they want to locate. The average daily trip counts on Harmony in 2010 were 45,000 cars per day. Compare that to a 2011 Timberline traffic county of 15,000 average daily trips per day. She asked their traffic engineer where future growth would be. The long range plan for Timberline at their site for 2030 including all the projected growth is projected to be 23,000 vehicles per day. So even at full growth, it’s ½ of what Harmony is today. Perry said if you were to draw a circle with a 1-2 miles radius around their site, they’re looking for population density to be able to support that site. She pointed the southeast quadrant is filled with natural areas. That will never provide the population/density that would support a larger store. They do think there is a viable neighborhood center that can happen there. They are very committed at some point in time to try to bring that to life. They think there is potential for that for the scale they are showing on the plan. Member Schmidt said she liked the applicant’s comments about the uses available in the MMN zone. By moving the district down and having the road separate it, do you see that as feasible to have the commercial on one side and the MMN on the other side. Ripley said they could do other uses in MMN that would be supportive of a neighborhood center but if it’s on the other side of a collector street, how well is that going to work. Their intent would more likely be the 16 acres that sit to the north really would be dedicated to multi-family. If it had some type of commercial component, it would probably be a coffee shop—something used directly by the people living there. The center would more likely grow to the south or west – filling up those areas of MMN. It would not necessarily be constrained by the property line. Schmidt said that adjacent property is not being annexed and she had the impression that if that was a different property owner. Ripley said correct. Chair Smith staff member Wray about the reference to an error related to NC is limited to 7 acres. What was it supposed to have been? Wray said typically it would be 10-20 acres. Staff is aware of the error and it will be fixed as soon as they can. Wray said he thinks there’s an opportunity when the property to the south is annexed. They are very unique properties with ditches and ponds all coming together in that area. As we come forward with future annexations there will be opportunities to consider the best use of the land. Public Input Jillian Harrison, 5260 Weeping Way, said her concerns are access and traffic from the development into Willow Springs and Harmony Crossing to the north. Her street is a cul-de-sac. She heard from city staff that when they created a fully formed cul-de-sac, they would not be putting roads through. She was very surprised to learn from neighbors that may not be the case. She asked that there be another alternative to going through their cul-de-sac. Peter Miller, 5521 Weeping Way, said he’s heard little or no mention of the extreme traffic on Timberline. He thinks traffic is exceeding heavy on Timberline. Developers are building a number of apartment complexes north of this particular project. He said Timberline becomes a two-lane road at Battle Creek. He’d like to know how many more people are projected to be living there. He wants to know who will be paying for widening the streets and adding parking lights. He thinks this whole thing needs to be reworked before you create even more traffic. He requests the board reject the plan as currently proposed. Chair noted for the audience that questions will be addressed by staff. Planning & Zoning Board December 20, 2012 Page 5 Bret Cummock, 5627 Weeping Way, said they obviously don’t have any kind of a proposed layout – all they have is a zoning map. They have heard rumors that eventually they want to connect onto their street (Weeping Way). He said they’re streets/traffic lights are not designed to handle significant traffic volumes. They are concerned about the safety of their children and pets. If there are going to be any connections, they would urge that proposal be rejected. He thinks this development should stand on its own—making i’s own connections to Timberline and established streets. Linda Nelson, 5712 Corona, said she wanted to remind the board that the Mormon temple will be going in on the east side of the referenced intersection near the fire station. She said there will be traffic associated with that building. Patrick Harrison, 5620 Weeping Way, said they’d like to suggest the farm land to the south be used to get egress (versus Willows Springs to the north). Chair Smith asked staff to speak to the traffic connection concerns of the neighbors. Lorson said the current traffic volumes on Timberline at this time are 17,000 vehicles per day. He said this is not a land development proposal. From what he understands, all of Willow Springs are cul-de-sacs and are not ‘stubbed’ out to create continued streets. Lorson said Timberline is classified as a four lane arterial on the Master Street Plan. It will be improved as development comes in. Lorson said when a Project Development Plan is submitted, a Traffic Impact Study (TIS) will be required. The TIS gives city traffic engineers what they need to know to determine what improvements will need to be made. Member Schmidt said (for the benefit of neighbors) that when a development proposal comes in, there would be an opportunity for neighbors to provide feedback. Linda Ripley said they are here tonight requesting annexation and initial zoning. At this stage, they do not have a development plan. She said as they move forward with the proposed development, they will be developing concepts that will be covered at a neighborhood meeting. They definitely want to allow the surrounding neighborhoods a chance to weigh in. Ripley said right now access is intended to come from Timberline Road and possibly extend to the south. She said this site is cut off from the west by the railroad tracks. Ripley said in the future McWhinney will be working on a small neighborhood center with a specialty grocery store. Chair Smith asked about the reference to the Environmental Impact Study. Ripley said the next phase is an ODP (Overall Development Plan) along with a PDP (Project Development Plan). At that point, an Environmental Characterization Study will be required. Chair Smith asked Ripley to comment on a traffic study. She said she knows the developer hires a traffic engineer to prepare a traffic study. Before he prepares the report, he meets with the City Traffic Engineer to determine what exactly he wants the consultant to analyze --do they have good traffic counts or do they need to acquire new ones. The report is reviewed by city staff. They make certain that all projections are from sources that are appropriate and professional. Chair Smith asked staff to speak to oversizing fees. Lorson said the traffic study looks at the individual vehicle trips generated per day. That is then put into the greater street system to see if it meets the city’s level of service criteria. If it fails level of service, additional improvements such as street widening and turn lanes are required. Member Campana said he’d like to offer a little more clarity for the neighbors. Tonight the board is making a recommendation to City Council as to whether or not we should annex this property and what the zoning should be. An ODP (Overall Development Plan) would be a great time for the neighbors to provide feedback. Campana said the ODP lays out the uses and where the major access points will be. Planning & Zoning Board December 20, 2012 Page 6 At the PDP (Project Development Plan) stage there will be even more detail. As that information becomes available, neighbors’ feedback will be sought. Board Questions Member Schmidt asked if a park is required for an MMN proposal of this size. Lorson said the zone district states there should be access to a park or a gathering place within a quarter mile. Member Campana made a motion that the Planning and Zoning Board make a recommendation to City Council to approve the Hansen Farm Annexation and Zoning, # ANX120007 based on the findings included on page 4 of the staff report. Member Kirkpatrick seconded the motion. Chair Smith said at work session he was concerned about the plans for neighborhood centers in this area. He thanked Ms. Ripley for providing the rationale for the proposed zoning. It seems appropriate and meets the objectives of City Plan. He will be supporting the annexation and zoning. Member Campana said at work session he said if he had a magic wand, he’d have Zephyr coming through the NC Zone but he likes what’s being proposed better. He said he’ll retract his magic wand. The motion passed 6:0. RESOLUTION 2013-001 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE HANSEN ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Hansen Annexation; and WHEREAS, following notice given as required by law, the City Council has held a hearing on said annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 2. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the City Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the City Council concludes that the area proposed to be annexed in the Hansen Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of January A.D. 2013. Mayor ATTEST: City Clerk ORDINANCE NO. 006, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HANSEN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-107, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 7 as bearing South 00º00'53" East and with all bearings herein relative thereto: COMMENCING at the East Quarter Corner of said Section 7; thence, South 89º59'49" West, 30.00 feet to a point on the westerly right-of-way line of South Timberline Road, said point being the POINT OF BEGINNING; thence along said westerly right-of-way line, South 00º05'58" West, 150.36 feet to a point on the northeasterly line of Johnston Annexation; thence along said northeasterly line the following 4 courses and distances: North 86º55'07" West, 81.60 feet; thence, North 70º20'07" West, 286.00 feet; thence, North 39º29'33" West, 64.42 feet; thence, South 89º59'49" West, 314.41 feet to the West line of that tract of land described in Reception No. 20100066406, Larimer County Records; thence along said West line the following 16 courses and distances: North 18º53'29"East, 280.05 feet; thence, South 80º52'47" East, 140.66 feet; thence, North 43º24'32"East, 68.46 feet; thence, North 45º20'54" West,193.08 feet; thence, North 57º52'49" West, 191.24 feet; thence, North 48º06'28" West, 109.43 feet; thence, North 63º34'52" West, 198.72 feet; thence, North 49º45'28" West, 330.86 feet; thence, North 47º12'15" West, 783.31 feet; thence, North 55º07'00" West, 318.91 feet; thence, North 74º09'59" West, 184.15 feet; thence, North 03º02'18" West, 367.61 feet; thence, North 05º59'16" West, 117.72 feet; thence, North 11º32'10" West, 221.70 feet; thence, North 02º51'46" West, 122.76 feet; thence, North 09º31'29" West, 49.42 feet to the southerly line of Willow Springs Annexation; thence along said southerly line the following 18 courses and distances: North 89º11'07" East, 307.33 feet; thence, North 88º58'07" East, 235.40 feet; thence, South 73º22'53" East, 83.20 feet; thence, South 46º25'53" East, 80.40 feet; thence, South 51º11'53" East, 67.70 feet; thence, South 33º06'53" East, 44.10 feet; thence, South 30º14'53" East, 82.50 feet; thence, South 03º55'53" East, 86.50 feet; thence, South 21º48'53" East, 44.90 feet; thence, South 55º53'53" East, 54.20 feet; thence, South 74º38'53" East, 367.20 feet; thence, South 67º46'53" East, 227.00 feet; thence, South 54º53'53" East, 152.80 feet; thence, South 71º51'53" East, 121.50 feet; thence, South 68º22'53" East, 243.40 feet; thence South 68º41'53" East, 208.00 feet; thence, South 55º18'53" East, 82.70 feet; thence, South 52º11'53" East, 234.62 feet to a point on the westerly right-of-way line of South Timberline Road; thence along said westerly right-of-way line, South 00º00'53" East, 190.54 feet; thence, North 89º40'37" East, 60.00 feet to a point on the East right-of- way line of South Timberline Road; thence along said East line, South 00º00'53" East, 536.20 feet; thence, South 89º43'20" West, 60.00 feet to the West right-of-way line of South Timberline Road; thence along said West line, South 00º00'53" East, 771.38 feet to the POINT OF BEGINNING. Said parcel of land contains 69.417 acres, more or less is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Hansen Annexation, which annexation shall become effective upon completion of the conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- Passed and adopted on final reading on the 5th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- ORDINANCE NO. 007, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE HANSEN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the properties which are the subject of this ordinance, and has determined that said properties should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Hansen Annexation to the City of Fort Collins, Colorado, into the following zone districts: Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District: A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 7 as bearing South 00º00'53" East and with all bearings herein relative thereto: COMMENCING at the East Quarter Corner of said Section 7; thence, South 89º59'49" West, 30.00 feet to a point on the west right-of-way line South Timberline Road; the thence along said west right-of-way line, North 00º00'53" West, 1,278.95 feet to the POINT OF BEGINNING; thence, South 89º59'07" West, 822.00 feet; thence, South 00º00'53" East, 670.19 feet; thence, North 63º34'52" West, 185.84feet; thence, North 49º45'28" West, 330.86 feet; thence, North 47º12'15" West, 783.31 feet; thence, North 55º07'00" West, 318.91 feet; thence, North 74º09'59" West, 184.15 feet; thence, North 03º02'18" West, 367.61 feet; thence, North 05º59'16" West, 117.72 feet; thence, North 11º32'10" West, 221.70 feet; thence, North 02º51'46" West, 122.76 feet; thence, North 09º31'29" West, 49.42 feet; thence, North 89º11'07" East, 307.33 feet; thence, North 88º58'07" East, 235.40 feet; thence, South 73º22'53" East, 83.20 feet; thence, South 46º25'53" East, 80.40 feet; thence, South 51º11'53" East, 67.70 feet; thence, South 33º06'53" East, 44.10 feet; thence, South 30º14'53" East, 82.50 feet; thence, South 03º55'53" East, 86.50 feet; thence, South 21º48'53" East, 44.90 feet; thence, South 55º53'53" East, 54.20 feet; thence, South 74º38'53" East, 367.20 feet; thence, South 67º46'53" East, 227.00 feet; thence, South 54º53'53" East, 152.80 feet; thence, South 71º51'53" East, 121.50 feet; thence, South 68º22'53" East, 243.40 feet; thence, South 68º41'53" East, 208.00 feet; thence, South 55º18'53" East, 82.70 feet; thence, South 52º11'53" East, 234.62 feet to the west right-of-way line of South Timberline Road; thence along said west right-of-way line, South 00º00'53" East, 219.13 feet to the POINT OF BEGINNING. Said parcel of land contains 46.40 acres, more or less. Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District: A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 7 as bearing South 00º00'53" East and with all bearings herein relative thereto: COMMENCING at the East Quarter Corner of said Section 7; thence, South 89º59'49" West, 30.00 feet to a point on the west right-of-way line of South Timberline Road; thence along said west right-of-way line, North 00º00'53" West, 398.44 feet to the POINT OF BEGINNING; thence, South 89º43'20" West, 534.49 feet; thence, North 45º20'54" West, 45.84 feet; thence, North 57º52'49" West, 191.24 feet; thence, North 48º06'28" West, 109.43 feet; thence, North 63º34'52" West, 12.88 feet; thence, North 00º00'53" West, 670.19 feet; thence, North 89º59'07" East, 822.00 feet to the west right-of-way line of South Timberline Road; thence along said west right-of-way line, North 00º00'50" West 28.59 feet; thence, North 89º40'37" East, 60.00 feet to the east right-of-way line of South Timberline road; thence along said east right-of-way line, South 00º00'53" East, 536.20 feet; thence, South 89º43'20" West, 60.00 feet to the west right-of-way line of South Timberline Road; thence along said west right-of-way line, South 00º00'53" East, 372.94 feet to the PONT OF BEGINNING. Said parcel of land contains 16.69 acres, more or less. Neighborhood Commercial (“N-C”) Zone District: A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 7 as bearing South 00º00'53" East and with all bearings herein relative thereto: COMMENCING at the East Quarter Corner of said Section 7; thence, South 89º59'49" West, 30.00 feet to a point on the west right-of-way line of South -2- Timberline Road, said point being the POINT OF BEGINNING; thence along said west right-of-way line, South 00º05'58" West, 150.36 feet; thence, North 86º55'07" West, 81.60 feet; thence, North 70º20'07" West, 286.00 feet; thence, North 39º29'33" West, 64.42 feet; thence, South 89º59'49" West, 314.41 feet; thence, North 18º53'29" East, 280.05 feet; thence, South 80º52'47" East, 140.66 feet; thence, North 43º24'32" East, 68.46 feet; thence, North 45º20'54" West, 147.24 feet; thence, North 89º43'20" East, 534.49 feet to the west right-of-way line of South Timberline Road; thence along said west right-of-way line, South 00º00'53" East, 398.44 feet to the POINT OF BEGINNING. Said parcel of land contains 6.33 acres, more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described properties are included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-