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HomeMy WebLinkAboutFORNEY ANNEXATION - ANX120002 - DECISION - MINUTES/NOTES (7)Planning & Zoning Board July 19, 2012 Page 2 Andy Smith asked if there were any audience or Board members who wanted to pull items from the Consent Agenda. Member Schmidt asked that Item 3, Kechter Annexation and Zoning No 1, ANX110003; No.2, #ANX110004; and No. 3, ANX110005 be pulled from the Consent Agenda. Consent Agenda: 1. Minutes from the June 21, 2012 Planning and Zoning Board Hearing. 2. Forney Annexation and Initial Zoning, #ANX120002 Member Schmidt made a motion to approve the consent agenda consisting of the minutes from the June 21, 2012 hearing, and the Forney Annexation and Initial Zoning. Member Campana seconded the motion. The motion was approved 6:0. Discussion Agenda: 3. Kechter Annexation and Zoning No 1, #ANX110003; No.2, #ANX110004; and No. 3, ANX110005 4. Regency Lakeview Addition of Permitted Use for Multi -Family Dwellings at Christ Center Community Church and Project Development Plan, # PDP120013 Project: Kechter Annexation and Zoning No 1, #ANX110003; No.2, #ANX110004; and No. 3, ANX110005 Project Description: As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three sequential annexations, known collectively as the Kechter Annexation. The Kechter Annexation is located approximately 900 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed -Use Neighborhood District (L-M-N), which is in compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence An email from Erin Richmond in opposition was received and distributed to the Board in their Read before Packet. City Planner Jason Holland said this is a 100% voluntary annexation for a property located within the Growth Management Area. The project satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. The L-M-N zoning is consistent with the City's Structure Plan Map. The City has submitted a written petition requesting the annexation of three sequential annexation areas, known collectively as Kechter Annexation. The series of annexation areas are: Kechter Annexation No. 1: 0.130 acres Kechter Annexation No. 2: 0.505 acres Kechter Annexation No. 3: 18.644 acres Total for Kechter Annexations 1, 2 and 3: 19.279 acres Holland said no development is proposed and the proposal does not create an enclave. He said the majority of the area being annexed is at 2313 Kechter Road; one of five sites in the City of Fort Collins Land Bank program. This is a City -owned property purchased in 2006 as a part of the Land Bank Program. He said the purpose of the Land Bank Program is a long term affordable housing tool. It also yi it fln,yxM.1LURlrn 4."1.I�adyl�l�.S„I `II III ild N"�' �q r�r t 14; r Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Andy Smith Phone: (H) 482-7994 Chair Andy Smith called the meeting to order at 6:05 p.m. Roll Call: Campana, Carpenter, Hatfield, Kirkpatrick, Schmidt, and Smith r Excused Absence Stockover Staff Present: Kadrich, Daggett, Holland, Shepard, Stanford, Virata, and Sanchez - Sprague Agenda Review CDNS Director Laurie Kadrich reviewed the agenda Citizen participation: Eric Sutherland, 3520 Golden Current, said he'd like to report Type I hearing problems to the Board in the context of their advisory function to City Council. The Type 1 Hearing was for the Aspen Heights Project Development Plan (PDP) — a student housing development planned for North College. There were two significant administrative failures. The first, the hearing officer/decision maker was not duly authorized as required by the Land Use Code. Sutherland said he cannot get a memo from either the City Attorney's Office or the Planning Department that would place the officer in that position and responsible for being the decision maker for that hearing. Second, the same recording system used tonight was used that evening but there was a failure in recording the proceedings. He can understand failure of equipment but he can't understand why notification of the failure of the equipment and the lack of a verbatim transcript was not made known to him, the other appellants or the applicants of that project for well over a month. He said a number of ideas have come forward from the public on how we can make the appeal process better for everybody. He's bringing to their attention evidence of 'pretty significant failure' of that process. He said we need improvements on how we do these things —the failures need to be addressed. He implores the Board to impanel a working group to bring forth ideas to improve processes so we don't see controversy after controversy. Member Schmidt asked staff to put this general topic on a work session agenda. Weren't there some changes in the way recordings were going to be handled? Director Kadrich said she believes she briefed the Board at the last work session but more work has been completed. Mr. Sutherland is correct, we did not have a recording of that hearing and we did make some internal changes. She is currently in the process of working with the City Attorney's office staff on a response regarding the appointment of our hearing officer. That should be forthcoming to Mr. Sutherland and Ms. Kadrich will make sure the Board also gets a copy.