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HomeMy WebLinkAboutMINUTES-08/09/1994-Adjourned' ADJOURNED MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government August 9, 1994 6:30 p.m. An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, August 9, 1994, at 6:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Councilmembers Apt, Azari, Janett and Smith. Councilmembers Absent: Horak, Kneeland and McCluskey. Staff Members Present: Burkett, Krajicek and Roy. Resolution 94-128 of the Council of the City of Fort Collins Expressing the Council's Opposition to the McKee Charitable Trust Preliminary Plat and Master Plan. Adopted as Amended. 1 The following is staff's memorandum on this item. "Executive Summary The McKee Charitable Trust Preliminary Plat and Master Plan, is a 973 acre development proposal. It is located partly in the Corridor between the City of Fort Collins and the City of Loveland, and partly within the City of Loveland's Urban Growth Area. The proposal is to cluster 328 single family homes on 150 acres of the 973 acre parcel. The 150 acre cluster would be located in the unincorporated area between Fort Collins and outside Loveland's Urban Growth Boundaries. The remaining 823 acre open space would be partially within the Loveland UGA and partially in the Corridor. The City of Fort Collins Planning Department opposes the McKee Charitable Trust application for preliminary plat and master plan approval in the County and forwarded a letter of opposition to the County Planning staff on June 30, 1994. Specifically, there are four reasons behind the opposition: 1. The proposed project is inconsistent with the intent of the Urban Growth Area concept in that the cluster of development is placed outside the Loveland UGA rather than inside the UGA; 2. The project will sewer an area of the Corridor not now sewered; 1 83 August 9, 1994 3. The project extends County Road 32 contrary to the Master Street I Plan which has been adopted by both the City and County; and, The Corridor planning process should be completed before additional large tracts are approved for development. BACKGROUND: On June 30, 1994, the Planning Department responded to a County referral of a development request in the Fort Collins/Loveland Corridor. The proposal, known as the McKee Charitable Trust, consists of 328 dwelling units clustered on the northern 150 acres of a 973 acre parcel. Of the 973 acres, 333 acres are located within the Loveland Urban Growth Area and 640 acres are located in unincorporated Larimer County outside the Fort Collins and Loveland Urban Growth Areas. The proposal clusters the entire development in the County, outside of Loveland's Urban Growth Area. While the clustering of residential development and retention of large areas of open space is to be encouraged, the project is designed opposite to what is anticipated in the intergovernmental agreement with open space inside the UGA and development at urban densities outside. The City Planning Department recommended denial of this project. The County staff recommended that the County Planning Commission approve the application which it did on July 20, 1994. The Planning Commission supported County staff position that the open space meets the intent of the Intergovernmental Agreement by maintaining a geographic and visual separation between Fort Collins and ' Loveland even though the open space is within the Urban Growth Area and the development is in the corridor. The City of Loveland Planning Commission also supported the proposal. Its letter of support indicates that this project is seen as beginning to establish a corridor between the two cities while recognizing that part of the open space is within the Urban Growth Area. The Board of County Commissioners are scheduled to hear this item on August 15, 1994. The City opposes this project for several reasons: It is not consistent with the spirit or intent of urban growth areas. In this case., the project is proposing to cluster all of the proposed development outside of Loveland's UGA and retain open space inside. The Urban Growth Area is the appropriate place for urban land uses and densities. The project involves providing sewer service, with a lift station, to an area of the corridor not now sewered. During the planning process for the Fort Collins/Loveland Corridor area, south Fort Collins Sanitation District identified the area west of Shields Street as having significant constraints for sewer service which may affect how this project is served and increase the cost to the customer. In addition, approval of this project and the ' 84 August 9, 1994 potential construction of sewer facilities may open a large area between Loveland and Fort Collins to development pressure. This is clearly contrary to the intent of the Corridor planning study as well as the efforts of both cities to manage development in an orderly fashion. 3. It will extend County Road 32 through the project in a way that is not in conformance to the Master Street Plan. The proposal is inconsistent with the Master Street Plan adopted by both the City of Fort Collins and Larimer County and should be denied or continued until the land use and transportation planning issues in the Fort Collins/Loveland corridor are resolved. The Master Street Plan envisions County Road 32 being extended as a four lane arterial street west on the section line from Highway 287 to Taft Hi11 Road and ultimately to a southern extension of Overland Trail. The proposed development does not show County Road 32 as an arterial street. In fact, it diverts the roadway into the development to functionally serve as a collector. Approval of the project as proposed would require both Larimer County and the City to approve amendments to the Master Street Plan. The current Fort Collins/Loveland Corridor study will likely result in a revised Master Street Plan as the land use recommendations in the area are developed. Until the corridor study process is complete, the City will not consider any revisions. 4. The planning process for the Corridor should have a chance to be completed before large tracts are approved for development. The Corridor planning study will result in land use recommendations for both municipalities and the County. In addition, as noted above, it will likely result in a revised Master Street Plan. Approval of large tracts of land for development, such as •the McKee Charitable Trust property, will compromise future recommendations from the task force. STAFF RECOMMENDATION: Staff recommends that the City Council forward comments to the Larimer County Board of County Commissioners recommending either denial of the McKee Charitable Trust Preliminary Plat and Master Plan or continuation of the hearing until the Corridor Task Force completes the Corridor study." Chief Planner Bob Blanchard gave a brief presentation on this item and stated after review it was determined that this type of development is not consistent with the concept of urban growth areas. He responded to questions regarding transportation issues EV August 9, 1994 Councilmember Apt made a motion, seconded by Councilmember Smith, to adopt ' Resolution 94-128. Councilmember Apt made a motion, seconded by Councilmember Smith, to amend Resolution 94-128, adding an additional point changing (4) to (5), and the new (4) to read as follows: "(4) the area proposed for development lacks adequate transportation infrastructure to accommodate the additional vehicular traffic that would be generated by the project". Yeas: Councilmembers Apt, Azari, Janett, and Smith. Nays: None. THE MOTION CARRIED. The vote on Councilmember Apt's motion as amended was as follows: Yeas: Councilmembers Apt, Azari, Janett, and Smith. Nays: None. THE MOTION CARRIED. Resolution 94-129 of the Council of the City of Fort Collins Opposing the "Hall Annexation" to the Town of Windsor. Adopted. The following is staff's memorandum on this item. "Executive Summary The City of Windsor is considering the annexation of 765 acres of property known ' as the Hall annexation. This annexation, combined with possible future annexations, has the potential to affect a 160 acre site owned by the City of Fort Collins. This site was purchased in 1990 for the future construction of a regional wastewater treatment facility. While the City property is not part of this specific annexation, if Windsor pursues annexation between its existing City limits and Interstate 25, future land use decisions by the Town may preclude the use of the City's property for its intended purpose. As a municipality within Larimer County, Fort Collins should be concerned with other municipal annexations from a regional growth management perspective and a procedural perspective. The annexation is proposed in an area designated in the Larimer County Comprehensive Plan for rural land uses. Procedurally, the Town of Windsor has not complied with the requirements of CRS 31-12-108.5 which requires the filing of an annexation impact report. Both an amendment to the County's Plan as well as the filing of an impact assessment should be required before proceeding with this action. m August 9, 1994 I BACKGROUND: The Town of Windsor has publicly expressed an annexation policy that envisions the Town boundaries expanding westward across the Larimer County line to Interstate 25. The annexation proposal being reviewed at this time consists of 765 acres located to the west of Windsor between the existing Town limits and Interstate 25. The property is located south of Highway 392 on either side of Weld County Road 13 (the Larimer County/Weld County line). After annexation, the use of the property is proposed to be mixed use including commercial, single family and open space. Procedurally, this application is premature. The proposal is located in an area of the County designated for rural uses in the Larimer County Comprehensive Plan and zone for farming/agricultural uses. Prior to proceeding with the annexation, the Town of Windsor should apply to the County for a Plan amendment to designate the Town and its future growth area as an "urban cluster." In light of Windsor's stated plans to annex a large portion of the County west of its Town limits, it would be appropriate for the Town to enter into an intergovernmental agreement with Larimer County and establish an Urban Growth Area. After these two actions have been completed, consideration of this annexation request would be appropriate. The application is also incomplete according to the Colorado Revised Statutes. CRS 31-12-108.5 requires the preparation of an annexation impact report and its ' filing with the Board of County Commissioners governing the area proposed to be annexed. This has yet to be provided. As part of the impact assessment, the Town of Windsor should provide information relating to existing streets and utilities in the vicinity of the proposed annexation and how they will be extended to serve the annexed area (these have been mapped but no impact assessment of the potential expansions has been provided); the existing and proposed land use patterns in the annexation area; any pre -annexation agreements that exist between the petitioner and the Town of Windsor; and, an indication of the special districts that provide service within the annexation area. In addition to the procedural matters discussed above, the City has concerns as an affected property owner. On June 5, 1990, Council adopted Resolution 90-741 authorizing the City Manager to execute a purchase agreement for 160 acres of land to the east of the Ptarmigan development along Highway 392, north of the proposed annexation. This purchase was a result of Council's adoption of the Wastewater Treatment Master Plan which included both short-terd and long-term strategies for meeting the wastewater treatment needs of the City. During the master planning process, it was determined that the most cost effective method of providing long-term wastewater treatment for the Fort Collins area was to build a new regional facility at the site described above. Staff's primary concern about the proposed annexation, and possible future annexations, is that future land use decisions by the Town of Windsor may prevent the City from using the site for its intended purpose. It is possible, given Windsor's aggressive annexation policy, that the City's property could become an enclave and be forcibly annexed. Should this happen and the possible use of the ' 87 August 9, 1994 site be restricted, the City would be required to pursue other more costly ' options to meet its future wastewater treatment needs. STAFF RECOMMENDATION: The Planning Department recommends that the City Council forward comments to the Town of Windsor and the Larimer County Commissioners that .the annexation is premature due to the absence of an annexation impact analysis as required by Colorado Revised Statutes. As affected property owners, the City Council should express concerns about the effect of the annexation on the future of City property purchased for the construction of a regional wastewater treatment facility." Chief Planner Bob Blanchard gave a staff presentation on this item. He stated the land is currently zoned for farming and agricultural purposes and spoke of the need for the County and the town of Windsor to adopt an Intergovernmental Agreement establishing an urban growth area. He reported the application was incomplete according to the requirements of the Colorado Revised Statutes and spoke of potential impacts the annexation would have on the City's property and the future site of a water treatment facility. Blanchard spoke of the site topography and stated trail considerations were included in the proposed plan. He stated if the City's property is surrounded by the Town of Windsor, there is a possibility for forcible annexation as well as possible changes in land -use decisions. Councilmember Smith supported the resolution based on procedural issues and ' commented it was important to protect the City's interest. Councilmember Janett spoke of the need for cooperative planning efforts. The vote on Councilmember Smith's motion was as follows: Yeas: Councilmembers Apt, Azari, Janett, and Smith. Nays: None. l THE MOTION CARRIED. Ordinance No. 124, 1994 Authorizing the City Manager to Amend an Agreement of Purchase and Sale of Real Property for Tract A of the Fairbrooke SID for the Purpose of Extending the Closing Date Adopted on First Reading. The following is staff's memorandum on this item. "Financial Impact An amendment to delay the closing date of the sale from August 30, 1994 to September 23, 1994, will not have an adverse financial impact on the City. The 88 1 August 9, 1994 ' City Finance Department intends to use the proceeds from the sale to call special assessment bonds on December 1, 1994. This extension of the closing date does not alter the City's ability to do so. Executive Summary On December 21, 1993, the Council adopted Ordinance No. 167, 1993, which provided for the sale of Tract A of the Fairbrooke SID ("the Property") to William L. Neal and Charlotte Jorgensen ("the Buyers") upon the terms stipulated in an Agreement of Purchase and Sale of Real Property ("the Agreement") dated November 30, 1993. The Agreement stated that the closing would occur on or before August 30, 1994. Staff recommends that the Council approve an amendment to the Agreement extending the closing date to September 23, 1994, so the Buyers would have an opportunity to work with City staff to resolve some unexpected issues regarding stormwater drainage. BACKGROUND: Fairbrooke SID #79 was created in 1983 to provide infrastructure improvement for a 100 acre single-family residential development. Sale of homes did not occur as anticipated and the developer was not able to make timely payment of assessments on Tracts A, D, G & H. Tax certificates were issued on those parcels and the City obtained treasurer deeds to the parcel in 1992. The City offered Tract A for sale in April of 1993 and the only bid received was less than ' appraised value and was rejected. The property was remarketed later in the year and in December, Council authorized the sale to the Buyers for a price higher than the current appraised value. The closing date was set for August 30, 1994, to allow the City enough time to complete the quiet title action on the property. In the interim the Buyers designed the plan for development of the Property and prepared for final approval by the Planning and Zoning Board. Extension of C7osing The Pleasant Valley and Lake Canal ("the Canal") runs through the Property. Any plan for development must address the issue of accommodating both irrigation water and stormwater runoff in the Canal. The Buyers have been working with City staff and the Board of the Pleasant Valley and Lake Canal to design a system that will meet maximum flow demands. That work is nearly complete. However, there are three developments in the planning stages that will affect runoff in the Canal. This impact and recent heavy rains prompted the stormwater utility staff to request that an update to the overall master plan for the basin be completed before final approval is given to any system design. It is estimated that all design work will be completed by September 23, 1994. The Buyers wou7d.prefer that all the stormwater design is ,finished before closing on the Property since it will determine the size of their financing package. m August 9, 1994 Since delaying the closing to September 23, 1994, will not have a negative '. financial impact on the City, staff recommends that the Council approve the extension. Included in the Ordinance is language that would allow the City Manager the flexibility to amend the closing date in the Agreement in the future without the authorization of the Council. This is recommended in the event that the closing needs to be extended a few days further if circumstances warrant." Councilmember Apt made a motion, seconded by Councilmember Smith, to adopt Ordinance No. 124, 1994 on First Reading. Yeas: Councilmembers Apt, Azari, Janett, and Smith. Nays: None. THE MOTION CARRIED. Other Business Mayor Azari reported she would make a presentation regarding the City's position on the McKee Charitable Trust issue at the August 15 County Commissioners meeting. AdJournment The meeting adjourned at 7:05 p.m. Mayor ATTEST: City Clerk .m