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HomeMy WebLinkAboutHANSEN ANNEXATION & ZONING - ANX120007 - AGENDA - INITIATING RESOLUTION25. 26. Page 7 The requested zoning for this annexation is NC —Neighborhood Commercial (6.33 acres), and MMN — Medium Density Mixed -Use Neighborhood (16.69 acres), and LMN — Low Density Mixed -Use Neighborhood (46.40 acres). On August 9, 2012, the Zoning Board of Appeals (ZBA) approved a variance to allow the existing off - premise sign in the BNSF Railroad right of way on the north side of West Prospect Road to be relocated within the railroad right of way 70 feet west of its current location. On August 23, 2012, Richard L. Anderson filed a Notice of Appeal, alleging that the ZBA failed to conduct a fair hearing and failed to properly interpret and apply relevant provisions of the Land Use Code. On November 6, 2012, City Council, by a vote of 5 - 2 (Nays: Manvel, Poppaw) determined that the ZBA did conduct a fair hearing, and by a 7 - 0 vote determined that the ZBA failed to properly interpret and apply relevant provisions of the Land Use Code. The determination that the ZBA failed to properly interpret and apply relevant provisions of the Land Use Code resulted in the City Council overturning the decision of the ZBA to approve Appeal No. 2714. In order to finalize this appeal process, Council is required to adopt a Resolution making findings of fact and finalizing it decision on the Appeal. On July 19, 2012, the City of Fort Collins Planning and Zoning Board approved Regency Lakeview Addition of a Permitted Use and Project Development Plan. On August 2, 2012, Mr. Andy Lewis et.al, filed a Notice of Appeal seeking redress of the Planning and Zoning Board decisions. On November 8, 2012, City Council took the following actions: With regard to the allegation that the Planning and Zoning Board failed to conduct a fair hearing in consideration of the Addition of a Permitted Use, the Council voted 6 — 0 that the Board did not fail to conduct a fair hearing. 2. With regard to the allegation that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter in consideration of the Addition of a Permitted Use, the Council voted 4 — 2 (Nays: Troxell, Weitkunat) that the Board failed to properly interpret and apply relevant provisions of the Land Use Code thus overturning the decision of the Planning and Zoning Board. 3. With regard to the allegation that the Planning and Zoning Board failed to properly interpret and apply relevant provisions of the Code and Charter in consideration of the Project Development Plan, the Council voted 6 — 0 that the Board failed to properly interpret and apply relevant provisions of the of the Land Use Code, thus overturning the decision of the Planning and Zoning Board. In order to complete the record regarding this appeal, Council should adopt a Resolution making findings of fact and finalizing its decision on the Appeal. 27. Resolution 2012-099 Adopting a Water Supply and Demand Management Policy, The Fort Collins Utilities staff has updated the City's Water Supply and Demand Management Policy (Policy), which will provide further direction regarding the planning, management and maintenance Page 6 20. First Reading of Ordinance No. 132, 2012, Amendinq Section 2-237 of the City Code Relating to Membership of the Golf Board. The Golf Board currently consists of nine members appointed by the City Council. At the end of 2012, the terms of three members will expire. Two of those members are eligible for reappointment but did not reapply for reappointment. One member did apply for reappointment. This provides an opportunity for Council to consider changes to the size of the Board without negatively impacting any current members. This opportunity was presented to the Board by staff, and the Board voted to recommend that the Council reduce the size from nine to seven members. This Ordinance amends the City Code to reduce the size of the Board to seven members. 21. First Reading of Ordinance No. 133, 2012, Amending Section 2-500 of the City Code Pertaining to a City Service Area. The City's Charter provides that service areas are provided by ordinance upon the recommendation of the City Manager. This Ordinance amends the City Code, perthe City Managers recommendation, to create a Planning, Development, and Transportation Service Area, reflecting changes in roles and reporting relationships. 22. First Reading of Ordinance No. 134, 2012, Amending Various Provisions of the Fort Collins Traffic Code. The Colorado General Assembly amended certain statutory provisions this legislative session relating to state traffic laws. This Ordinance ensures that the Fort Collins Traffic Code (the "Traffic Code") is consistent with state traffic laws. During a review of the statutory changes, staff identified additional amendments that would make the Traffic Code more consistent and provide more effective and efficient local enforcement. 23. Items Relating to the Kechter Crossing Annexation. A. Resolution 2012-106 Setting Forth Findings of Fact and Determinations Regarding the Kechter Crossing Annexation. B. Hearing and First Reading of Ordinance No. 135, 2012, Annexing Property Known as the Kechter Crossing Annexation. C. Hearing and First Reading of Ordinance No. 136, 2012, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Crossing Annexation. This is a request to annex and zone 28.9 acres located on the south side of Kechter Road, approximately 900 feet east of the intersection of South Timberline Road and Kechter Road. This annexation is not associated with the proposed Kechter Farm development, which is located southeast of the Kechter Crossing Annexation. The Kechter Crossing Annexation does not create an enclave. The surrounding properties are existing residential land uses currentlyzoned FA-1— Fanning Zoning District in Larimer Countyto the north, south, and west. Adjacentto the east is a City -owned property that is part of the affordable housing Land Bank program, which was annexed and zoned Low Density Mixed —Use Neighborhood (L-M-N) on September 4, 2012. The Kechter Crossing Annexation is not proposing affordable housing as part of the approved County plan. 24. Resolution 2012-107 Finding Substantial Compliance and Initiating Annexation Proceedings for the Hansen Farm Annexation. The applicant and property owner, HTC, LLC (McWhinney), has submitted a written petition requesting annexation 69.42 acres located on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The property, formerly a farm, is mostly vacant, with the exception of the farmhouse (single-family dwelling) and some out -buildings. It is in the FA1 — Farming Zone District in Larimer County. Page 2 3. AGENDA REVIEW: City Manager Review of Agenda. Consent Calendar Review. This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this Calendar be "pulled" off the Consent Calendar and considered separately. Council opportunity to pull Consent Calendar items. (will be considered under Item No. 33) Citizen opportunity to pull Consent Calendar items. (will be considered under Item. No. 36) ':�a111t4� 11I1:�I[111]IJ\I[ePI Individuals who wish to make comments regarding items remaining on the Consent Calendar or wish to address the Council on items not specifically scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Before speaking, please sign in at the table in the back of the room. The timer will buzz once when there are 30 seconds left and the light will turn yellow. The timer will buzz again at the end of the speaker's time. Each speaker is allowed 5 minutes. If there are more than 6 individuals who wish to speak, the Mayor may reduce the time allowed for each individual. State your name and address for the record. Applause, outbursts or other demonstrations by the audience are not allowed Keep comments brief; if available, provide a written copy of statement to City Clerk 5. CITIZEN PARTICIPATION FOLLOW-UP This is an opportunity for the Mayor or Councilmembers to follow-up on issues raised during Citizen Participation. The Consent Calendar consists of Items 6 through 29. This Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. The Consent Calendar consists of: • Ordinances on First Reading that are routine • Ordinances on Second Reading that are routine • Those of no perceived controversy 0 Routine administrative actions. Karen Weitkunat, Mayor Kelly Ohison, District 5, Mayor Pro Tem Ben Manvel, District 1 Lisa Poppaw, District 2 Aislinn Kottwltz, District 3 Wade Troxell, District 4 Gerry Horak, District 6 Darin Atteberry, City Manager Steve Roy, City Attorney Wanda Nelson, City Clerk Council Chambers City Hall West 300 LaPorte Avenue Cablecast on City Cable Channel 14 on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Assisted hearing devices are available to the public for Council meetings. Please call 221-6515 (TDD 224-6001) for assistance. REGULAR MEETING November 20, 2012 A. Proclamation Declaring November as Native American Awareness Month. B. Proclamation Declaring November 25 - December 10 as "16 Days of Activism Against Gender Violence". PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER. 2. ROLL CALL.