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Home My WebLink AboutCOURTNEY ANNEXATION - ANX110004 - REPORTS - RECOMMENDATION/REPORT (6)Planning & Zoning Board November 3, 2011 Page 4 End of Public Input Director Dush said the only thing he'd like to add is this zone change is in the Growth Management Area and it does comply with the City Structure Plan. Board Discussion Member Lingle said their charge tonight is to establish the appropriate zoning for the property. The annexation was found to be compliant with State requirements. Tonight, thezrecommendation is to place that property in the UE — Urban Estate District. That seems appropriate tp:fi` because it follows the City Structure Plan. He said the potential purchaser of the property is irrvant to the Board's deliberations. Member Schmidt said she agrees. She thinks the UE is appropriate and it is voluntary annexation request. She has no issues with it. Member Lingle moved to recommend to City Counciiethat the Courtney Zoning; #= ►NX110004 be approved with LIE, Urban Estate zoning, as recommended by staff, Member Schriiidt_-seconded the motion. The motion was approved 5:0. - - Leistikow Annexation_andZoning, # ANX1 Project D nption: This is a request to zone18.04- Trilby Road. The property=Ass a as approved in Larmer Count, boundary. Tt d with one he rdance with tl k�ea�Plan, the Staff .esaocated east of'Timberline R.paff and south of rtion of the_Leistikow Minor sidential Division nd addfee es d as 6732 uth Timberline Road. -eet right-of-way for ' berline Road is included is a 100%° volunt annexation. The property is e and curren oned FA-1, Farming in Larimer City Plan' tructure Plan Map and the Fossil aueste oning for this annexation is U-E, Urban a ar urrently zoned L-M-N, Low Density Mixed- rth (Westchase P.U.D.) and FA-1, Farming in i south. be placed in the U-E, Urban Estate Zoning District. Hearing Testimony, Written C merjKand Other Bence Chief Planner Te:&.Shepard said=the a request tc zon is Urban Estate 18.04 acres located east of South Timberline Road and saG f Trilby Road. The site ' within the boundary of the Fossil Creek Reservoir Area Plan.=Fhe_pn ry purpose of zoning is to facile a the future development of a place of worship. As approvedt y oard at their October 20, 2011 Hea the parcel would be placed in the Residential Neighborho ' Sign District. At that meeting a condition approval of annexation was to recommend the par would require disconnection in the case of reside ' I development for the benefit of implementing L#ffmer County's Transfer Density Units Program. Applicant' resentation Ken Me,piff, Landmark Planners, Engineers and Landscape Architects, reviewed the ' e map graphic with Board. He said the parcel is located on the southeast corner of Trilby and Timb 'ne Roads. It is proximately 18 acres of property within the Leistikow Amended MRD (Minor Residents evelopment). Merritt described the surrounding zoning as: Planning & Zoning Board November 3, 2011 Page 3 Hearing Testimony, Written Comments and Other Evidence City Planner Steve Olt said this is a request to zone 3.13 acres, being the property known as the Courtney Annexation, located east of Ziegler Road and south of East Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court, which is at the east end of Charlie Lane. Portions of street right-of-way for Nite Court and Charlie Lane are included in the annexation boundary. The property is developed and is in the FA1 - Farming District in Larimer County. The requested zoning for the annexation is UE - Urban Estate. The surroundibgproperties are currently ar i, zoned FA1 - Farming in the Larimer County to the north, east and south; -OE - Urban Estate in the City to the west. Staff is recommending that the property be placed in the UEtf- "Urban�Estate District, which is in conformance with the City's Structure Plan. Member Lingle asked this is a little different because of the=notification problem.~ Hdw,�do we annex land and not have it zoned at that time. Eckman said the Toning portion of the iten < ; taken off the November 1 City Council Agenda. It was set aside 0 their.Novemtier 15 meeting because City Council wanted to hear the Planning and Zoning Board's recomm tion--ibefore it considered=zoning for both the Courtney and the Leistikow annexations. The State Annexation Act eequires municipalities to place all lands they have annexed into a zone district within 90 dayy T2q the effective date of the annexation ordinance. Eckman said we are well aheacRoPhat 90 day deadline — Applicant Presentation Julie Perridge of ReMax of Alliance stated thaf'ushe Uffiejisting agent: She said she did not have a prepared statement. She added they have a seller that- wouLi=Jike_to sell and a buyer who would like to buy so they are just going through_the legal application to see if they"can make it work. She is available for questions should the E of d=have any. = =a City Planner Olt said thia-rs�a 100% voluntary annexation requested by the current property owners. Public Input,, - 'Eric Sutherland of 3524 Golden Current said there is a requirement in the City Charter that the City Manager resides within'the.c ty limits 'fhe Deputy City Attorney just outlined what the law is relative to disclosMThe ethics of disclosure tharnakepublic process to work —what allows the governed to consen to=t e. governed—set-r- uch higher standard for disclosure. He said the item came before the Board on October 20. He's reviewed those materials and did not see a disclosure saying the City Manager had anypersonal inter st in this issue. Sutherland said if a disclosure fails to be revealed by a motivated citizefttfrs not public information. It does not meet any of the standards of public disclosure. He thinks there arF$-gmficant problems here. He said it's a % of a million dollar house. It was kept a secret and that is not goodL-34H6 said he believes we need a much higher standard of ethics in the City. Leslie Hinkle, ReMax Alliance, stated she is the buyer's agent for Deborah and Darin Atteberry. She would like to take issue with what Mr. Sutherland said. There have been no ethic violations here — they've done everything right and by the book. Hinkle said Darin was very upfront. He put a conflict of interest in immediately after the contract was signed. Hinkle said she's known Deborah and Darin Atteberry for a very long time and she's known them to be of the highest level of character and integrity of anyone that she knows. She would encourage the Board to consider what Mr. Sutherland said with a grain of salt because he doesn't know them. She thinks "it's just wrong" what he is saying. ATTACHMENT 5 Planning & Zoning Board October 20, 2011 Page 2 onsent Agenda: 1. Minutes for the August 18, 2011 Planning & Zoning Board Hearing 2. Courtney Annexation and Zoning, # ANX110004 Member Schmidt made a motion to approve the Consent Agenda which consists of the minutes of the August 18, 2011 Hearing and the Courtney Annexation and Zoning, # ANX110004. Member Lingle seconded the motion. The motion was approved 4:0. ember Schmidt commented for the benefit of the audience the Board nocriiallyreviews agenda pics si= a ork Session the previous Friday. If something is on the consent agenda, it does not mea ey ha\201nnual discussed it in more detail than might appear this evening . #• �F 4 r `'� Dia: __ Al Revisions, Clarifications and Additions -to the Land Use Code `' ;_ .ection 3.4.1(E)—asurement for Buffers nnexation and Zoning, # ANX110003 _ g " Project: 2011 nual Revisions, Clarifications an dditions to the Land Use Code — Section 4.1 (E) — Point of Me_asureme of Buffers Project Description: This is a requ t for a Recommendati =to`City_ Council regarding the annual update to -the La Use Code, spe ' cally Section 3.4.1(E) that identifies where the buffer z ne sh d begin in=r a to suers, streams, and irrigation ditches. There are proposed r isions,_arifications and additions to the sections of the ,, Code that regtii a"s this in f measurement to be from "bankful discharge." Instead; the temi'"top of " is recommended as the most appropriate term for �:� this point of measurem t Recommendation ,Approval y Hearting ten C estimony, Writom is andOther Eviden Vil Chair Stock versaid the Board' _ pent a lot of time on this topic. was considered at a previous a hearing and ifl r. Assent back City staff for another look. It was al st considered for the Consent Agenda because-ofthe tim already spent but for the benefit of the pu ic, the Board decided to have a quick presentation town everyone one else up to speed. Environmental Plan r Lindsay Ex said the previous concerns surrounding t term "bankful discharge" 11 included that it is ' appropriate for our community because it is difficult to defin In addition, many experts argue t t you cannot consistently apply it in the field, especially in syst s dominated by incised chan Is (which are the majority of the streams in our City). Ex said,,k5sed on research, meetings with experts, and reviews of other municipal, stat and federal code rid recommendations, staff is recommending the adoption of the term "top of bank s an alt ative to "bankful discharge" because it is the most readily identifiable and consistently plied term the field. In addition, based on discussion with numerous experts, it is the most widely used rm PLANNING AND ZONING BOARD November 3, 2011 DRAFT ;ling in light of certain circumstances. dewed a uence of events that outlined his experience when he learned that the City Man,p@dfwas intending to pure roperty that was being annexed into the City. He made inquiries r e to any disclosure that represe a potential conflict of interest. He was not able to obtai disclosure that was said to be on file. He sai ssence of our civil society is built around st rds of ethics. Disclosure isn't just an ethical "thing"; it's ndard of conduct. When disclos happen, all kinds of good things happen. He'd like to see more conversation of what is ical and what is not. Member Schmidt said she'd like to make a at addresses the concerns raised. Many have been on the Board for some time. Although t 't formally ask for conftidts of:interest in a meeting, during their work session those issues co up. Ther a forms that deed to be filled out relative to conflicts. If it comes up in a meeting t individual usually ves theR-oomlt is not something the Board overlooks. Deputy City Attorney Ec n said we follow Robert's Rule of_6ede_r and Isd=fo_ llow our Charter which trumps RRO. Our caller requires that if you have a personal or financial inte itwtie.,decision, you have I disclose the forms mentioned by Member Schmidt. That,must be disclo :at he commence of the meeting if not before. What's;h�e's seen is Board members disc that quite a while be The Board member will declare the conflict i &.,explain�nihy�they need to ree'u em— rem g themselves from the room and returning when thatFiterh_ji nished. Consent Agenda: 1. Courtney Zoning, # ANX110004 — MOUED=TODISCUSSION' Vice Chair Smith asked the Board and members'.of the.abdience if _they'd like to pull items from the Consent agenda. A member of a audience requested that If Fm7, ff Courtney Zoning, # ANX110004, be moved to discussion.h--uY Discussion Agenda`. 1. Courtney Zoning, # 2. Leistikow Zo tinn.a, # 10004 Project DesEMF0jion: This is a -Request to zone 3.13 acres, being the property known as the Courtney Annexation, located east of Ziegler Road and south of East Horsetooth Road. he property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court, ,... ~�nwil.ch=i"s at the east end of Charlie Lane. Portions of street right-of-way for Nite Coup and Charlie Lane are included in the annexation boundary. The property is developed and is in the FA1 - Farming District in Larimer County. The requested zoning for the annexation is UE — Urban Estate. The surrounding properties are currently zoned FA1 — Farming in the Larimer County to the north, east and south; and, UE — Urban Estate in the City to the west. Recommendation: Staff recommends approval of the request for the property to be placed in the UE — Urban Estate Zoning District. Passed and adopted on final reading on the 6th day of December, A.D. 2011. ATTEST: City Clerk Mayor -3- angle is 60°51'00", the long chord of which bears N32°25'30"W 101.28 feet, and again along the arc of a 100.00 foot radius curve concave to the Northeast a distance of 110.48 feet, whose central angle is 63°18'00", the long chord of which bears N31 ° 12'00"W 104.95 feet, and again N00°27'00"E 15.59 feet to a point on the existing South right-of-way line of Charlie Lane; thence along said existing South right -of --way line, N89°33'00"W 265.54 feet; thence departing said existing South right-of-way line, N00°00'00"E 57.48 feet to a point on the existing North right-of- way line of Charlie Lane; thence along said existing North right-of-way line, along the arc of a 270.00 foot radius curve concave to the South a distance of 36.95 feet, whose central angle is 07°50'25", the long chord of which bears N86°31'48"E 36.92 feet, and again S89°33'00"E 233.75 feet; thence departing said existing North right- of-way line, along the arc of a 15.00 foot radius curve concave to the Northwest a distance of 28.08 feet, whose central angle is 107° 15'00", the long chord of which bears N36°49'30"E 24.15 feet to a point on the existing right-of-way line of Nite Court; thence along said existing right-of-way line, N16°48'00"W 56.63 feet, and again along the arc of a 50.00 foot radius curve concave to the South a distance of 218.50 feet, whose central angle is 250°22'48", the long chord of which bears N55015'36"E 81.72 feet to a point on the North line of said Lot 3; thence along said North line, S89°33100"E 497.28 feet to the point of beginning, containing 3.1295 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 property is 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 November, A.D. 2011, and to be presented for final passage on the 6th day of December, A.D. 2011. ATTEST: City Clerk Mayor -2- ORDINANCE NO. 152, 2011 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 COURTNEY 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 property which is the subject of this ordinance, and has determined that said property 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 Courtney Annexation to the City of Fort Collins, Colorado, in the Urban Estate ("U-E") Zone District, which property is more particularly described to wit: Lot 3, Strobel M.R.D. No. S-60-87, and a portion of Charlie Lane and Nite Court, situate in the Northwest 1/4 of Section 33, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, being more particularly described as follows: considering the North line of said Lot 3, Strobel M.R.D. No. 5-60-87 as bearing S89°33'00"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast corner of said Lot 3 and run thence along the East line of said Lot 3, S20°31'3011E 193.45 feet to the Southeast Comer of said Lot 3; thence along the South line of said Lot 3, N89033'00"W 605.44 feet to a point on the existing Easterly right-of-way line ofNite Court; thence along said existing Easterly right-of-way line, S00°27'00"W 15.59 feet, and again along the arc of a 70.00 foot radius curve concave to the Northeast a distance of 77.34 feet, whose central angle is 63°18'00", the long chord of which bears S31 ° 12'00"E 73.46 feet, and again along the arc of a 130.00 foot radius curve concave to the Southwest a distance of 138.06 feet, whose central angle is 60°51'00", the long chord of which bears S32°25'30"E 131.67 feet, and again along the arc of a 40.00 foot radius curve concave to the Northwest a distance of 52.72 feet, whose central angle is 7591'05", the long chord of which bears S35°45'32"W 48.99 feet; thence departing said existing Easterly right-of-way line, NO2°00'16"W 38.73 feet to the centerline ofNite Court; thence along said centerline, along the arc of a 100.00 foot radius curve concave to the Southwest a distance of 106.20 feet, whose central November 15, 2011 -2- ITEM 12 (a) The City shall provide only minor maintenance to the pavement surfaces to keep them from becoming unsafe. Minor maintenance may consist of periodic grading of gravel surfaces and filling potholes in asphalt surfaces. In addition the City will maintain all culverts and storm drainage pipes that pass under an annexed street. (b) The property owners adjacent to annexed county streets will be responsible for maintenance of curb and gutter and/or borrow ditches and culverts that cross under driveways. STAFF RECOMMENDATION 'Noll .2001- -' ' e ii Staff recommends adoption of Ordinance 51, 2011•; on $eco�d Rea g and Ordinance No. 152, 2011, on First Reading. d t BOARD / COMMISSION RECOMMENDATION On November 3, 2011, the Planning and Zoning Board voted unanimously to recommend the Courtney Annexation be placed in the UE — Urban Estate Zoning District. ATTACHMENTS 1. Copy of First Reading Agenda Item Sum' ary Nove b 72( (w/o attachments) t l 2. Vicinity Map \\ s% } 3. Zoning Map `;--:"-- 4. Structure Plan Map 5. Planning and Zoning Board minutes, October 20, 2011 and November 3, 2011 DATE: November 15, 2011 STAFF: Steve Olt Items Relating to the Courtney Annexation and Zoning. ATTACHMENT 1 .UNCIL JiB - A. Second Reading of Ordinance No. 151, 2011, Annexing Property Known as the Courtney Annexation to the City of Fort Collins. B. Hearing and First Reading of OrrdinanNce No. 152, 20i11, Amending the.Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in�he Courtney Annexation to the City of Fort Collins. EXECUTIVE SUMMARY Ordinance No. 151, 2011, unanimously adopted on First Reading on November 1, 2011, annexes 3.13 acres located east of Ziegler Road and south of East Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court, which is at the east end of Charlie Lane. Portions of street right-of-way for Nite Court and Charlie Lane are included in the annexation boundary. This is a 100% voluntary annexation. The property is developed and is in the FA1 - Farming District in Larimer County. Ordinance No. 152, 2011, will place this annexation in UE — Urban Estate Zoning District: a Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this property,is`already,in he;Distnct. The "Residential Neighborhood Sign District" was established for the purpose of regulating signs for nonresidential uses m certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. The subject property is in an established residential area. 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. There are no issues or known controversies associated with this annexation. BACKGROUND / DISCUSSI On November 1, 2011, Council asked'what the cost associated with the Courtney Annexation would be to the City. The City's Streets Superintendent has indicated that the potential cost of maintaining the gravel portions of Charlie Lane and Nite Court would be approximately $400 per year for once a year grading, based on the following criteria in the Municipal Code and the Larimer County Urban Area Street Standards: Section 24-97. Annexed Streets of the Municipal Code ... Streets annexed into the City that were not designed and constructed to comply with City standards shall be maintained and upgraded in accordance with the "Larimer County Urban Area Street Standards" as adopted by the City Council by ordinance or resolution. G.02.01.02 STREET Section G.02.01.'02. Streets Not Built To CityStandards of the Larimer County Urban Area Street Standards ... f lixl i All other streets and roads that have been annexed intothe Cityand-not constructed to County Urban Standard nor to City standards, shall be handled in the following way: DATE: December 6, 2011 AGENDA ITEM SUMMARY STAFF: Steve Olt F FORT Hearing and Second Reading of Ordinance No. 152, 2011, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Courtney Annexation to the City of Fort Collins. EXECUTIVE SUMMARY This property contains 3.13 acres located east of Ziegler Road and south of East Horsetooth Road and was annexed on November 15, 2011. The property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court, which is at the east end of Charlie Lane. The property is developed and is in the FA1 - Farming District in Larimer County. Ordinance No. 152, 2011, unanimously adopted on First Reading on November 15, 2011, places this annexation in the UE — Urban Estate Zoning District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS Copy of First Reading Agenda Item Summary - November 15, 2011 (w/o attachments)