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HomeMy WebLinkAboutCITY STRUCTURE PLAN AMENDS TO GMA, FOSSIL CREEK COOP. PLAN. AREA - 19-04 - AGENDA - CORRESPONDENCE-HEARING (3)Ken Waido - Fort ColinsCPAWGMAstaffreportLCPC0601505.doc _ Page 7 LCPC 06/15/05 GMA / CPA / LAND USE CODE AMENDMENTS Ken Waido -Fort ColinsCPAtoGMAstaffreportLCPC0601505.doc _ _ _ age 6 j STAFF RECOMMENDATION: Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioner approval of both the expansion of the Fort Collins GMA Overlay Zone District and the repeal of the County Land Use Code Section 8.9.3 (in its entirety), as proposed, and the removal by zone change of the Cooperative Planning Area Overlay Zone District from the area. Staff recommends that the effective date of the zone change be the date of City plan amendment finalizing the land use designations and intensities for the area. SUGGESTED MOTION: I move that the Fort Collins GMA Overlay Zone District be applied to the geographic area as shown on Map 1 dated Feb 1, 2005 and that the effective date of the GMA Zone District boundary change shall be the approval date of the amendment to City Structure plan for this GMA Zone District expansion area. I move that the Fossil Creek Cooperative Planning Area Overlay Zone District be removed from the underlying zone districts as show on the Official Larimer County zone district map and as described in the legal notice for this public hearing. The effective date of the zone change to remove the Cooperative Plan Area District Overlay Zone from the area shall be the approval date of the amendment to the City Structure plan for this GMA zone district expansion area. I move that the Larimer County Land Use Code be amended by repealing section 8.9.3 (Supplementary Regulations for the Fossil Creek Cooperative Planning Area.) in its entirety. The effective date of repeal shall be the approval date of the amendment to the Fort Collins City structure plan for the GMA zone district expansion area. LCPC 06/15/05 GMA / CPA / LAND USE CODE AMENDMENTS GM-5 Larimer County, in cooperation with municipalities and after consultation with residents, landowners and other affected interests, shall establish Cooperative Planning Areas (CPAs) and Community Influence Areas (CIAs) adjacent to Growth Management Areas (GMAs), where appropriate, to provide for protection of future City or Town interests. GM-6 Larimer County shall cooperate with municipalities to maintain distinct and separate urban areas. GM-6-sl Responsibility for defining and providing buffers between communities shall be shared between the adjacent municipalities and the County and shall be defined in Intergovernmental Agreements. SUMMARY & CONCLUSIONS: The proposed enlargement of the Fort Collins GMA and the application of the GMA Overlay Zone District to the proposed area meet the review criteria for such actions and carry out the intent of the Larimer County/City of Fort Collins Intergovernmental Agreement. The County staff recommends that the discussions regarding changes to the land use designations and densities be completed and adopted by the City of Fort Collins prior to the effective date of the zone change. This recommendation will provide clarity to developers, landowners and staff regarding ultimate jurisdictional authority in the area. In addition, the effective date of the recommendation has two effects, it does not require annexation to the City prior to land use issues being finalized and it does permit applicants to apply for development under the existing rules and regulations of the CPA Zone District. The repeal of the Cooperative Planning Area Overlay Zone designation and supplemental regulations for the area should become final on the effective date of the zone to GMA. STAFF FINDINGS: The proposed application of the GMA Overlay Zone District in the vicinity of Fossil Creek Reservoir Area meets the review criteria for approval. LCPC 06/15/05 GMA / CPA / LAND USE CODE AMENDMENTS Page 4 'F4e Waido Fort ColinsCPAtoGMAstaffreportLCPC0601505 doc neighborhood. The proposal appears to be consistent with the Fossil Creek Reservoir Area Plan jointly adopted by City of Fort Collins and Larimer County along with the various Intergovernmental Agreements. Therefore, the change is supported by staff. Findings regarding specific development compatibility, community need and orderly neighborhood development pattern are development plan dependent. The most relevant portion of the County Master Plan pertaining to GMA overlay zoning and Supplementary Regulations is copied below. From the Larimer County Master Plan: 2.7 Guiding Principles and Implementation Strategies For Growth Management The Master Plan establishes the following guiding principles for growth management. These provide the policy basis for the implementation programs that will carry out the Plan. The primary vehicles for the Master Plan implementation are the Land Use Code which incorporates zoning and subdivision regulations and consolidates other requirements for development into a single document. The implementation tools include GMA and CPA Overlay Zone Districts and Intergovernmental Agreements with cities, towns and special districts. URBAN AND RURAL DEVELOPMENT GM4 Larimer County shall continue to allow for urban development within cities and designated urban areas. GM4-sl Urban development areas will be designated only where public water and sewer are available or planned, and where projected densities are at least 2 units per acre. GM4-s2 Intergovernmental Agreements shall clearly define an annexation policy that is consistent with city and County growth management principles. In development not eligible for immediate annexation, the County will require applicants to meet city criteria, standards and fee structures adopted by the County, so that the areas may eventually be annexed as they become eligible without extensive capital improvements or costs. The County also will encourage annexation of land that is to be developed with urban uses or at urban densities so provision of urban level services by Larimer County is minimized. Binding annexation agreements also will continue to be required. LCPC 06/15/05 GMA / CPA / LAND USE CODE AMENDMENTS Ken Waido - Fort ColinsCPAtoGMAstaffreportLCPC0601505.doc Page 3 1 b. The area within the GMA District boundary is expected, by the parties, to be annexed within the time frame anticipated by the municipality's comprehensive plan; The Fort Collins' City Plan, the City's Comprehensive plan, as updated May 2004, anticipates annexation of the area. C. The municipality's comprehensive plan provides the County and property owners with clear guidance regarding the types and intensities of land uses intended for each parcel within the GMA District boundary; The City of Fort Collins Structure Plan, as updated May 2004 establishes guidance for types and intensities of land uses for the proposed expansion area. The specifics of the plan guidance are currently being reviewed within the context of the City of Fort Collins planning process and with requested input from the property owners. Staff recommends the effective date of the zone amendment be effective the date of the plan amendment. d. The area within the GMA District can and will be served with urban level services, including but not limited to, public sewer, public water, urban streets and urban fire protection; and Public sewer service is available to the area from South Fort Collins Sanitation District and water service is available from the Fort Collins -Loveland water district. Fire Protection from the Poudre Fire Authority and streets servicing the properties are currently under the jurisdiction of the State of Colorado or Larimer County. The review criteria for boundary or zone designation set forth in Subsection 4.4.4 (A) through (F) have been met. Subsection 4.4.4 (A) through (F), Review Criteria for Zone or Overlay Zone District Boundary or Zone Designation Changes, states: To approve an amendment to the zoning district boundaries, overlay district boundaries or zone designation of a parcel on the Oficial Zoning Map, the County Commissioners must find the following conditions exist: A. The proposed change is consistent with the Master Plan; B. The proposed change is compatible with existing and allowed uses on properties in the neighborhood and is the appropriate zoning for the property; C. Conditions in the neighborhood have changed to the extent that the proposed change is necessary; D. The proposed change does not result in significant adverse impacts on the natural environment; E. The proposed change addresses a community need; and F. The proposed change results in a logical and orderly development pattern in the LCPC 06/15/05 GMA / CPA / LAND USE CODE AMENDMENTS Ken Waido - Fort ColinsCPAtoGMAstaffreportLCPC0601505doc — _ aPage 2 of Commissioners, with recommendation from the Larimer County Planning Commission, zoned the area as a Cooperative Planning Area Overlay Zone and adopted supplemental regulations for the Cooperative Planning Overlay Zone on March 6, 2001. The purpose of this hearing is to consider the expansion of the Fort Collins Overlay Zone to the areas depicted on the attached map and removal of the Cooperative Planning Area Overlay Zone District from all areas of the Fossil Creek Reservoir Area and repeal of the supplemental regulations implementing the Fossil Creek Cooperative Planning Area Zone District (Section 8.9.3 of the Larimer County Land Use Code). (For a complete overview of adopted plan and policy guidance for GMA expansion into the CPA at the Fossil Creek Reservoir area, see attached Memorandum from the Director dated May 2, 2005.) A major provision of both the IGA and the GMA Overlay Zone District requires properties that are adjacent to the Fort Collins city limits to annex prior to development. For those properties that are adjacent to the City limits, and annexation occurs, the City's development processes and standards would apply. Within the proposed expanded GMA, those properties that are NOT eligible for annexation may proceed to request. development approval from Larimer County; however, they would be subject to the requirements of the GMA overlay zone. REVIEW CRITERIA: Sec. 4.2.1.B.3 of the GMA Overlay Zone District states: The County Commissioners may establish or enlarge a GMA District if the following review criteria are met: a. There is an intergovernmental agreement with the adjacent municipality pertaining to a Growth Management Area and the GMA District is intended to implement the agreement; In 1999, the City of Fort Collins and Larimer County signed an Intergovernmental Agreement establishing the Fossil Creek Cooperative Planning Area. The agreement is based on the jointly adopted Fossil Creek Reservoir Area Plan. Planning principle FC-1- 6 identifies a CPA as intended to allow development in the CPA to proceed, but in a manner that does not preclude or jeopardize urbanization when and if it becomes part of the municipality's GMA. Policy GM-1.3 of the Fort Collins plan and principles as quoted in the Fossil Creek Reservoir Area Plan states that the CPA is to preserve opportunities to expand the GMA. The plan and policy basis for the GMA expansion exist in the plan and intergovernmental agreements jointly adopted by the City of Fort Collins and Larimer County.. LCPC 06/15/05 GMA / CPA / LAND USE CODE AMENDMENTS -- - - -- Ken Waido - Fort ColinsCPAtoGMAstaffrgpgrtLCPC0601505 doc Page 1 4. TITLE: Enlarge the Fort Collins GMA Overlay Zone District and remove the Cooperative Planning Area Overlay Zoning District designation from the Fossil Creek Reservoir Area by zone action and repeal Section 8.9.3 (Supplementary regulations for Cooperative Planning Areas) of the Larimer County Land Use Code. REQUEST: LOCATION: APPLICANT: STAFF CONTACT: FILE #: PROJECT DESCRIPTION/BACKGROUND: 1. Apply (zone), the GMA Overlay Zone District to the area shown on map dated February 2005. 2. Remove (zone) the existing CPA Cooperative Planning Area Overlay Zone District from the property adjacent to Fossil Creek Reservoir, (as described in the legal notice). 3. Repeal Section 8.9.3 of the Larimer County Land Use Code (Supplementary Regulations for Cooperative Planning Areas) The Fossil Creek Reservoir area Larimer County Russ Legg, Chief Planner 05-CA0055 Code Amendment; 05-Z1543 Cooperative Planning Area Overlay Zone District Repeal; and 05-Z1544 GMA Expansion Larimer County and the City of Fort Collins concluded a joint planning effort by adoption of the Fossil Creek Area Plan in March 1998. Soon after, the Fort Collins Growth Management Area (GMA) Overlay Zoning District was expanded to include portions of the Fossil Creek planning area and an Intergovernmental Agreement (IGA) was signed on August 31, 1999 regarding development in the Fort Collins Cooperative Planning Area (CPA). The Larimer County Board LCPC 06/15/05 GMA / CPA / LAND USE CODE AMENDMENTS . .. Page 5J Ken Waido - 0615051cpc.doc . from the property adjacent to Fossil Creek Reservoir, (as described in the legal notice). 3. Repeal Section 8.9.3 of the Larimer County Land Use Code (Supplementary Regulations for Cooperative Planning Areas) Location: The Fossil Creek Reservoir area Applicant: Larimer County Development Services Team Recommendation: Staff recommends that the Larimer County Planning Commission recommend to the Board of County Commissioner approval of both the expansion of the Fort Collins GMA Overlay Zone District and the repeal of the County Land Use Code Section 8.9.3 (in its entirety), as proposed, and the removal by zone change of the Cooperative Planning Area Overlay Zone District from the area. Staff recommends that the effective date of the zone change be the date of City plan amendment finalizing the land use designations and intensities for the area. H. REPORT FROM STAFF I. ADJOURN NEXT MEETINGS: Wednesday, July 6, 2005: BCC/Planning Commission Worksession Wednesday, July 20, 2005: Planning Commission. Hearing County Commissioners prior to Final Plat approval for this proposal. Details for fixtures and adequate lighting levels for the bus staging area will be reviewed and approved at the time of Final Plat. *3. GREELEY WATER LINE LOCATION & EXTENT #05-Z1523 Staff Contact: David Karan Request: Location and Extent Review for approval of the G Wet Segment Phase of the Bellevue Pipeline #10 Water Transmission Main, from County Road 17 to County Road 5. Location: 36-07-68: from Shield Avenue south of LaPorte to County Road 5 near the intersection with County Road 44 (Prospect Avenue). Applicant: EDAW Inc., Bruce Meighen Development Services Team Recommendations: The Development Services Team recommends to the Larimer County Planning Commission approval of the Location and Extent Review for the proposed Greeley Water Line renovation as specified in File #05- Z1542, subject to the following conditions: A. Construction of the Greeley Water Line shall be as specified in File #05-Z1542. B. If construction results in any alterations to the original drainage patterns, the applicant shall provide the Larimer County Engineering Department with a Drainage Report for review and approval. C. The applicant shall comply with the requirements of the Colorado Department of Public Health and Environment. D. Flood Plain Special Review approval shall be obtained. G. ITEMS: 4. AMENDMENTS TO THE LARIMER COUNTY LAND USE CODE #05-CA0055; FORT COLLINS GMA EXPANSION #05-Z1544; COOPERATIVE PLANNING AREA OVERLAY ZONE DISTRICT REPEAL #05-Z1543 Staff Contact: Russell Legg Request: 1. Apply (zone), the GMA Overlay Zone District to the area shown on map dated February 2005. 2. Remove (zone) the existing CPA Cooperative Planning Area Overlay Zone District Ken Waido - 0615051cpc doc Page 3 The Final Plat shall be consistent with the approved Preliminary Plan and with the information contained in the Soaring Peaks Ranch Conservation Development, File #04-S2364 except as modified by the conditions of approval or agreement of the County and applicant. The applicant shall be subject to all other verbal or written representations and commitments of record for the Soaring Peaks Ranch Conservation Development. 2. The applicant shall provide a Disclosure Notice for approval by the County to be recorded with the Final Plat. The Notice will provide information to all lot owners of the conditions of approval and special costs or fees associated with the approval of this project, and shall include, but is not limited to: the need for engineered septic systems and foundations, rural area issues (including the lack of mosquito control, potential conflict with wildlife, and adjacent agricultural operations), the need for passive radon mitigation, the proximity of historical recreational hunting in the area, and methods available for assuring wildlife does not become a nuisance (per the Division of Wildlife). 3. The applicant shall execute a Final Development Agreement at the time of Final Plat including the timing, responsibility and opinion of cost estimate for all public improvements. 4. The following fees shall be collected at building permit issuance for new single family dwellings: Thompson R24 school fee, Larimer County fees for County and Regional Transportation Capital Expansion, Larimer County Regional Park Fees, Development Construction Fees, and if greater than 1 acre is disturbed, those fees associated with a Development Construction permit from the State. The fee amount that is current at the time of building permit application shall apply. 5. At the time of Final Plat, the applicant shall demonstrate that fire hydrants are possible, pursuant to Section 8.1.4 of the Code, or all homes shall be sprinklered. 6. Passive radon mitigation measures shall be included in construction of residential structures on these lots. The results of a radon detection test conducted in new dwellings once the structure is enclosed but prior to issuance of a Certificate of Occupancy shall be submitted to the Building Department. As an alternative, a builder may present a prepaid receipt from a radon tester which specifies that a test will be done within 30 days. A permanent Certificate of Occupancy can be issued when the prepaid receipt is submitted. 7. Per the Colorado Geological Survey's letter, dated February 26, 2005, the homeowners shall perform percolation test and profile borings in the area for the absorption field for each septic system. 8. An Amended Plat for Lot 1 of Paradise Valley Estates, securing the necessary right- of-way for Soaring Peaks Ranch, shall be reviewed and approved by Larimer I. Ken Waido - 0615051cpc.doc ___ _ Page 2 3. The following fees shall be collected at building issuance for new single family dwellings: Poudre R-1 School Fees, Larimer County fees for County and Regional Transportation Capital Expansion, and Larimer County Park Fees (in Lieu of land dedication). The fee amount that is current at the time of building permit shall apply. 4. Passive Radon Mitigation measures shall be included in the construction of residential dwellings on the approved lots. The results of a radon test once the structure is enclosed but prior to the issuance of a Certificate of Occupancy shall be submitted to the Planning Department. As an alternative, a builder may present a prepaid receipt for a radon tester, which specifies that a test will be conducted within 30 days. A permanent certificate of occupancy can be issued when the prepaid receipt is submitted. 5. During the Final Plat process the applicant shall demonstrate that fire protection consistent with Section 8.1.5 of the Land Use Code can be met or agree to install fire sprinklers as part of the building construction. 6. The Final Plat for the Bingham Hills Estates Subdivision shall include a building envelope on Lot 2 that reflects a 100-foot setback from the centerline of the County Road 50E right-of-way, as well as the 50-foot setback from an existing rock cliff outcrop at the south side of the property. 7. Construction of a residence on Lot 2 of the Bingham Hill Estates Subdivision shall include engineered footing and foundations founded in unexposed and un- weathered sandstone as recommended in the March 2, 2005 referral comments from Andy Gleason of the Colorado Geological Survey Department. *2. SOARING PEAKS RANCH CONSERVATION DEVELOPMENT #04-52364 Staff Contact: Geniphyr Ponce -Pore Request: Preliminary Plat review for Conservation Development of a 98.10-acre parcel to create 19 lots of approximately 2 acres each with 4 residual lots and an Appeal to Section 3, Access Control Standards, of the Larimer County Access Policy regarding minimum spacing requirements. Location: Generally west of Berthoud, in the SW '/< of 05-04-69, at the northeast corner of County Road 12 and County Road 23. Applicant: Nicholas Ores and Anthony Baietti, 1429 W. 29t' Street, Loveland, CO 80538 Development Services Team Recommendation: The Development Services Team recommends that the Planning Commission recommend approval of the Soaring Peaks Ranch Conservation Development, File #04-S2364 and Appeal to Section 3, Access Control Standards, of the Larimer County Access Policy regarding minimum spacing requirements subject to the following conditions: Ken Waido - 0615051c AGENDA LARIMER COUNTY PLANNING COMMISSION Wednesday, June 15, 2005/6:30 P.M./Commissioners' Hearing Room A. CALL TO ORDER B. PUBLIC COMMENT ON THE COUNTY LAND USE CODE C. PUBLIC COMMENT REGARDING OTHER RELEVANT LAND USE MATTERS NOT ON THE AGENDA D. APPROVAL OF THE MINUTES FOR THE APRIL 20, 2005 MEETING. E. AMENDMENTS TO AGENDA F. CONSENT ITEMS: *Will not be discussed unless requested by Commissioners or members of the audience. *1. BINGHAM HILL ESTATES SUBDIVISION #05-52398 Staff Contact: Matt Lafferty Request: A Preliminary Plat request to create two single family residential lots on the existing 17.22 acre Lot 1 of the Dirks MRD (File #5-12-91). One lot will be 12.22 acres in area and will contain the existing residence, while the second lot will be 5.0 acres in area and will be used for a new residential dwelling. Location: A portion of the N %2 of Section 31, Township 8 North, Range 69 West; More specifically the subject site is situated on the North side of Bingham Hill Road (County Road 50E), approximately 1 mile west of Overland Trail (County Road 21C). Applicant: Dale and Debbie Dirks, 4494 W. County Road 50E, Fort Collins, Colorado 80521 Development Services Team Recommendation: The Development Services team supports a recommendation of approval for the Preliminary Plat of the Bingham Hill Estates Subdivision (#05-S2398) subject to the following conditions: 1. The Final Plat of the Bingham Hill Estates Subdivision shall be consistent with the plans, documents and representations contained in the file, (#05-S2398), unless modified by the conditions of approval. 2. The applicant shall execute a Development Agreement and provide a Disclosure Notice for Final Plat approval by the County as part of the Final Plat. These documents shall be recorded with the Final Plat, and shall provide notice to all future lot owners of the conditions of approval and issues, costs and fees associated with the approval of this project, as well as the potential nuisance impacts of wildlife to residential uses..