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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2018 - ITEMS RELATING TO THE AWEIDA ANNEXATIONAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 5, 2018 City Council STAFF Pete Wray, Senior City Planner Brad Yatabe, Legal SUBJECT Items Relating to the Aweida Annexation. EXECUTIVE SUMMARY A. Resolution 2018-055 Setting Forth Findings of Fact and Determinations Regarding the Aweida Annexation. B. Public Hearing and First Reading of Ordinance No. 073, 2018, Annexing the Property Known as the Aweida Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex an area of approximately 0.862 acres in southwest Fort Collins. The property is situated on the southwest corner of the South Taft Hill Road and West County Road 38E intersection. The Initiating Resolution was adopted on the consent agenda on April 17, 2018. A related item to zone the annexed property is presented as the next item on this Agenda. 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. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Contiguity The subject property gains the required one-sixth contiguity to existing City limits from a common boundary with the Horsetooth-Harmony West Annexation (Ordinance No. 068, 1980). The minimum contiguous boundary is 135.39 feet, based on the total perimeter boundary of 810.74 feet. The proposed annexation includes a contiguous boundary of 162.20 feet, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. Enclave Implications Annexing this 0.862-acre parcel does not create (nor does it contribute to creating) an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. Agenda Item 9 Item # 9 Page 2 BOARD / COMMISSION RECOMMENDATION At its May 17, 2018, regular meeting, the Planning and Zoning Board voted 4-0 (the Board Chair recused himself) to recommend approval of the annexation. Further, the Board recommended that the property be placed into the Low Density Mixed Use Neighborhood (L-M-N) zone district. This action was taken as part of the Board’s consent agenda; therefore, there are no minutes. PUBLIC OUTREACH A neighborhood meeting was held on March 22, 2018, that was attended by six residents from the notification area. Staff received mixed feedback from participants either in support for the annexation and future development project, concerns of potential impacts of the future development project, and the potential for a future annexation that includes a larger area. ATTACHMENTS 1. Vicinity map (PDF) 2. Annexation map (PDF) 3. Annexation Petition (PDF) 4. Neighborhood Meeting Sumary, March 22, 2018 (PDF) S Taft Hill Rd W County Road 38e W H armony R d Westfield Dr Mesavie w Ln Ce n ter Gat e Ct Mesaview Ln Greengat e Dr Stallion Cir H orsetooth Dr Stallion Cir Colt Ci r P icadilly Dr P into Ln Idledal e Dr Lynda Ln Goodell Ln Brixton Rd T r ail View Ln M esaview Ct L ookout Ln Phia W ay Colt Ci r Westfield Dr Whippeny Dr T rowbri d ge Dr Mustang Ln Aweida Annexation CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. ATTACHMENT 2 ATTACHMENT 3 Aweida Annexation/Conceptual Plans Neighborhood Meeting Summary (3/28/2018) Overview Neighborhood Meeting Date: March 22, 2018 Applicants: Dana Lockwood, Lockwood Architects Courtney Lockwood, Lockwood Architects Dan Aweida, Owner/Developer City Staff in Attendance: Pete Wray, Senior City Planner Sylvia Tatman-Burrus, Development Review Liaison Anna Simpkins, Planning Technician Martina Wilkinson, Assistant City Traffic Engineer Tim Tuttle, Civil Engineer II Proposed Project  The purpose of the neighborhood meeting is to share the developer’s proposal for annexation and zoning, conceptual plans for future project, and for staff to document comments received from attendees to be shared with Decision maker as part of record.  A formal Project Development Plan (PDP) application has not been submitted so this is early in the development review process.  This property is currently located outside of City limits and this first step involves annexation and zoning.  City Council acts as the decision-maker for the annexation, plan amendment, and zoning.  This is a Type II Review, based on mixed-use dwelling and non-residential space in building. If approved, and Planning and Zoning Board would act as the decision-maker for the proposed development.  Neighbors will be notified in advance of the hearing held by the Planning and Zoning Board, and posted notice for a City Council Hearing.  Along with annexation the applicant is also sharing conceptual project development information ahead of a formal application. The proposed building is a 2-story, mixed-use dwelling with 4 units and 1000 square feet of office space.  14 parking spaces are proposed at the interior of the site.  A right-in, right-out access drive is proposed on CR38E and a right-in only on S. Taft Hill Rd.  A Structure Plan Amendment is proposed to zone the parcel Low-Density Mixed-Use (LMN) instead of Urban Estate (UE).  The applicant is Lockwood Architects, architect and landscape architect for the project.  The proposed non-residential space in building intended for professional office. Community Development and Neighborhood Services Planning Services 281 North College Ave. P.O. Box 580 Fort Collins, CO 80522 970.221.6750 970.224.6134 - fax fcgov.com/developmentreview ATTACHMENT 4 Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 2  In the LMN zoning, the list of permitted uses for non-residential is limited if outside of a neighborhood center. The Code requires a separation distance of ¾ mile between neighborhood centers that include a retail store or convenience store with fuel sales uses. Since the JJ’s center is near this property, a neighborhood center is not proposed for this location.  Landscaping will be all ‘xeriscaping’ with no sod on site.  Proposal required right-of-way dedication to improve traffic function and safety at intersection.  The mixed-use building includes 4 proposed dwelling units: 2 two-bedroom and 2-three bedroom (10 total bedrooms). Questions/Comments and Answers Traffic/Roads  Will there be road improvements at the S Taft Hill Rd and County Road 38E intersection? The architect explained there will be a right-in, right-out driveway on the north side of the property along CR 38E and there will be a right-in only turn on the east side of the property along S Taft Hill Rd. They are required to dedicate approximately 12 feet of right-of way to the City for additional intersection improvements based on the roadway classification. Traffic Engineer Martina Wilkinson explained that the City is also in early conversations with Larimer County about improvements along S Taft Hill Rd between CR 38E and Horsetooth Rd. Traffic Engineering has also identified unusual traffic patterns at this intersection due to commuter traffic and vehicle traveling to and from Horsetooth Reservoir. Unique signal timing has been implements to try and address some of these irregularities.  How much traffic comes through this intersection daily? Traffic Engineer Martina Wilkinson explained that there are about 22,000 trips on S Taft Hill Rd north of Harmony Rd daily. This volume is where they begin discussions about widening. The proposal would not be responsible for all intersection improvements but would contribute.  How much additional traffic will this project generate? The applicant explained that they are not required to do a traffic study due to the small scale of the project. Traffic Engineer Martina Wilkinson explained that when they evaluate a 4-unit building they expect 3-4 trips per hour at peak traffic times, approximately 1 car every 15 minutes. The City cannot legally require one project to fix all deficiencies, but rather mitigate for their impact. This project could potentially contribute a right turn lane and frontage (curb and gutter) improvements along this lot.  What can be done at the intersection to improve mobility and the turning radius for large vehicles and vehicles with trailers? Traffic Engineer Martina Wilkinson explained that they are aware with turning radius issues at this corner and if this proposal necessitated adding a right turn lane from CR38 E onto S Taft Hill Rd then they would also be able to relocate signal poles which is one of the current constraints. Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 3 Annexation  Is the property moved to City utilities when it is annexed? City Planner Pete Wray explained that electric service will switch from the current provider to Fort Collins Light and Power. A property can keep an existing septic system if it is adequate; future sanitation service provided by the City. Water services provided by the Fort Collins- Loveland Water District.  The County said they would never let this property go commercial, is the City trying to annex this parcel to make it commercial? City Planner Pete Wray explained that the annexation is spurred by the proposed development. The City and County have an agreement that if a development is proposed on a property that is contiguous with City limits and within the set Growth Management Area (GMA) then is will be annexed prior to development, as is the case with this parcel. The existing County zoning for this property is R1 Residential. The County zoning across W CR 38 E at the JJ’s Center is commercial. The City is not proposing to change zoning to Commercial for this location. The City Structure Plan has this quadrant of the intersection indicated as Urban Estate (UE) Land Use designation. As part of this annexation a plan amendment is proposed to change the land use from UE to Low Density Mixed-Use Neighborhood (LMN). This change is consistent with the LMN zoning to the east across S. Taft Hill Road, and to the north across W CR 38 E for future designation. Staff supports this change in part because building a single-family house in the UE zoning for this corner is challenging after street infrastructure improvements are implemented, further reducing the lot size. During the City Plan update process currently underway, if other property owners also desire a plan amendment to LMN, staff may consider a larger Structure Plan map change. However, to clarify that potential option is not part if this application for annexation. City Council would have to approve any Structure Plan amendments and annexation. The structure plan is available online: https://www.fcgov.com/planning/pdf/structure-plan.pdf  If the lot is annexed, are other property owners forced into the City? City Planner Pete Wray explained that properties come into City limits by one of two ways; voluntary annexation with development or involuntary annexation as a result of an enclave. This property is eligible for voluntary annexation because it meets the annexation criteria for being adjacent to existing City Limits and within the Growth Management Area (GMA). Enclaves are created when a parcel or parcels within the County are surrounded by City limits. If an enclave is established, City Council can consider forced annexation after a three-year period. Annexing this property into the City would not force others to do so now.  Do our taxes change if this property is annexed? City Planner Pete Wray explained that taxes for the property that is annexed would be based on the latest County Assessor’s information.  If an adjacent 2-acre lot annexed and they wanted LMN zoning, they could build 18 units [9 per acre]? Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 4 City Planner Pete Wray explained that City Council would have to support the annexation and support any proposed change to the City Structure Plan. If this was supported, then yes, the maximum density in the LMN zone is 9 dwelling units per acre. But like this property, other design factors may reduce density such as street access, setbacks, parking and drainage requirements. Any future annexations and development proposals are not part of this proposal. The City is currently updating our comprehensive plan, City Plan, which will be looking at some of these areas where amendments to the structure plan may make sense. Residents and neighbors are encouraged to get involved in the City Plan process to have concerns heard with stakeholder groups and public events over the next 18 months. Please see the City Plan website for additional information on ways to get involved: https://ourcity.fcgov.com/cityplan Miscellaneous  Why do you [the applicant] not think this property is suitable for a single-family house? The applicant explained that this was his opinion, and although there was a single-family house on the lot for 100+ years, the area has changed and developed to the point where there is enough traffic that this site is not appealing for a single-family home. The UE zoning requires a minimum half acre lots, with the existing lot size of .44 acres. Additional Right of Way, setbacks and site drainage may further reduce lot size.  What is our role in the rest of this process? Can we vote on proposed zoning? Where do our comments go? City Planner Pete Wray explained that all comments from the meeting would be put in the official record and provided to the decision maker. Any other communication received (email, phone, etc.) will also be entered into the record. All hearings with these decision-makers are also public and citizens can attend and make additional comments. Neighbors will be provided mailed notice prior to the Planning and Zoning Board hearing. City Council Hearings include posted notice. Development Review Liaison Sylvia Tatman-Burrus encouraged those at the meeting to contact her as well and to share hearing notices with neighbors who may be interested but outside of the notification area. City Planner Pete Wray explained that, although not a Land Use Code requirement, this proposal could have another neighborhood meeting if the design changes significantly and it would benefit neighbors and the applicant see and receive additional feedback prior to moving to a decision-maker.  What is the timeline for this project? City Planner Pete Wray explained that this project will go to a preliminary City Council hearing in April at which time they will determine a schedule as part of an initiating resolution. The Planning and Zoning Board Hearing is tentatively scheduled for May, to forward a recommendation to City Council on the annexation, plan amendment and zoning. The first reading is anticipated at a June City Council meeting and the second reading is expected in July. A hearing with the Planning and Zoning Board for a Project Development Plan item can occur after Council approves an annexation petition (July). Neighborhood Meeting Notes – 4101 S. Taft Hill Rd. Page 5 Other citizen Comments:  One neighbor verbally opposing any changes to multi-family zoning. Keep it residential as-is.  One neighbor stated interest in future LMN zoning for their property. -1- RESOLUTION 2018-055 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE AWEIDA ANNEXATION WHEREAS, pursuant to Resolution 2018-036, annexation proceedings were initiated by the City Council for property to be known as the Aweida Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on June 5, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act (the “Act”), Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. 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 the Property is integrated with or is capable of being integrated with the City. Section 4. That the City Council further determines that the applicable parts of the Act have been met, that an election is not required under the Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 5. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with the Act. Section 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 5th day of June, A.D. 2018. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 073, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE AWEIDA ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2018-036, finding substantial compliance and initiating annexation proceedings for the Aweida Annexation, as defined therein and described below, was previously adopted by the City Council; and WHEREAS, Resolution 2018-055 setting forth findings of fact and determinations regarding the Aweida Annexation was adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the property to be known as the Aweida Annexation (the “Property”) to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2018-036 and Resolution 2018-055 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the Property, more particularly described as: A parcel of land situated in the East Half of Section 33, Township 7 North, Range 69 West of the 6th P.M., being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 33 as bearing South 00°06'18" East and with all bearings contained herein relative thereto: BEGINNING at the East Quarter corner of said Section 33; thence along the East line of the Southeast Quarter of said Section 33, said line also being the West line of the Horsetooth - Harmony West Annexation to the City of Fort Collins as recorded at Book 1873, Page 735 Larimer County Clerk and Recorder, South 00°06'18" East, 162.20 feet; thence departing said line, South 89°53'42" West, 30.95 feet to a point on the West right of way line of South Taft Hill Road; thence along the South line of a parcel of land recorded at Reception No. 20160052454 Larimer County Clerk and Recorder, South 89°53'33" West, 152.83 feet; thence along the West line of said parcel of land, North 00°11'50" East, 131.75 feet; thence departing said line, North 00°15’33” West, 59.96 feet to a point on the South line of a parcel of land recorded at Reception No. 20070027078 Larimer County Clerk and Recorder; thence along said line, North 89°44’26” East, 98.37 feet to the Southwest corner of a parcel of land recorded at Reception No. 20060042003 -2- Larimer County Clerk and Recorder; thence along said parcel the following four (4) courses and distances, North 00°08’23” East, 20.00 feet; thence, North 89°44’27” East, 20.00 feet; thence, North 00°00’00” East, 10.00 feet; thence, North 89°44’29” East, 15.02 feet to a point on the West right of way line of South Taft Hill road; thence departing said line, South 89°51’37” East, 50.00 feet to point on the East line of the Northeast Quarter of Section 33; thence, South 00°08’23” West, 59.65 feet to the Point of Beginning. The above described tract of land contains 37,537 square feet or 0.862 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 Aweida 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 4. That, in annexing the 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 ordinances of the City. Section 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 5th day of June, A.D. 2018, and to be presented for final passage on the 19th day of June, A.D. 2018. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 19th day of June, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or by any person or entity. Printed: April 10, 2018 0 0.035 0.07 0.105 0.1M4iles Scale 1:4,000 © Vicinity Map City Limits - Outline City Limits Buildings Annexation Area Harmony Cottages Woodridge CountJryJ's Corner ATTACHMENT 1