HomeMy WebLinkAboutKECHTER ANNEXATION NO. 1 - ANX120003 - P&Z PACKET - MINUTES/NOTESPlanning & Zoning Board
July 19, 2012
Page 4
is an appropriate way to handle annexation. She doesn't think statutes had this level of creativity in
mind. She thinks the City should be really transparent on how they do some of these things.
Chair Smith asked Deputy City Attorney Daggett to comment. She said the concept of the entire street
means from curb to curb rather than end to end in the language that was read. She also wanted to
mention that although she hasn't been actively involved in the discussion about the legal basis for the
annexation petition that was filed, it is her understanding that there's been fairly extensive discussion of
that. She said City Council will be making formal findings in connection with compliance in the action
that Council takes so if, in fact, the Board does not feel comfortable making a recommendation
specifically on the issue of eligibility, you might consider making recommendations on other aspects of
the proposal.
Input
None
Member Campana made a motion to recommend to, City Council to approve the Kechter
Annexation and Zoning No 1, #ANX110003; No.2, #ANX110004; and No. 3, ANX110005. Member
Kirkpatrick seconded the motion. The motion passed 5:1 with Schmidt dissenting.
Project: Regency Lakeview Addition of Permitted Use for Multi -Family Dwellings at
Christ Center Community Church and Project Development Plan,
# PDP120013
Project Description: This is a request This is a request to add Multi -Family Dwellings, as specifically
described on the Regency Lakeview Project Development Plan; as a permitted
use in the Low Density Residential (R-L) zone district and Project Development
Plan on the 11 acres located on the east side of the Christ Center Community
Church. The project would consist of 175 dwelling units divided among eight
buildings plus a clubhouse. There would be a mix of one, two and three -bedroom
units. There would be 292 parking spaces divided among attached garages,
detached garages and surface parking, and 283 bike spaces. Amenities would
include a clubhouse, pool and walkways..
The existing stormwater detention pond at the south end of the parcel would be
enlarged and improved as a two -acre pocket park. There would be no new access
drives from either Lemay Avenue or Drake Road. As required, the request for an
Addition of Permitted Use is being submitted in conjunction with the Regency
Lakeview Project Development Plan. The site is generally located at the southeast
corner of Lemay Avenue and Drake Road and is presently a component of the 25-
acre Christ Center Community Church campus.
Recommendation: Approval
Planning & Zoning Board
July 19, 2012
Page 3
creates an opportunity to intersperse affordable housing throughout the city. Holland provided a context
of the area and the Fossil Creek Area Framework Plan:
variety of lot sizes
city and county subdivisions
existing county residences
He said staff recommends approval of the annexation and requested zoning of L-M-N, Low Density
Mixed -Use Neighborhood. Further, staff is recommending that this property be included in the
Residential Neighborhood Sign District. A map amendment will not be necessary to place this property
on the Residential Neighborhood Sign District Map.
Public Input
None
Board Discussion
Member Schmidt asked if the whole area (developments under county review) is also in the receiving
area or is it just this one particular parcel. Holland said Kechter Crossing is also in the receiving area.
Schmidt asked if the county is developing at a higher density than Urban Estate. Holland said on a plan
that he's seen, there are 75 lots with a density of 3 units per acre and the average square footage of the
lots was 9,521 square feet.
Member Schmidt asked if East County Road 36 is still by its name a county road. Holland said it is not a
city owned road. Schmidt said this is a very creative annexation —the very first triangle (annexation) is a
road. If we don't own the road, how can annex a parcel we don't own to get the 1/6 contiguity for the
next parcels. Holland said essentially there are two requirements for annexations. You must have the
1/6 contiguity and you must 50% or more of ownership interest of the area to be annexed however, the
1/6 continuity requirement excludes public roads, ways or alleys. He said the City of Fort Collins -
represents more than 50% of the ownership interest exclusive of the public roads, streets, and alleyways
as defined in state statute.
Member Schmidt said she presumes the first annexation is solely roadway. Holland said correct. If the
county owns the road, are they requesting we annex that piece? She doesn't understand how you have
the starting 1/6 contiguity when it's not anyone's property —it's solely a piece of the road. Holland
referred to Schmidt's use of the word creative. He said if it's creative, than it is used more often than not.
He said when you consider the complex nature of how cities are organized, state statutes gives a lot of
leeway in their very specific case law that permit a city to annex property. If they didn't have that ability,
it would be very difficult for these sorts of things to get done.
Holland provided information on annexation case law including:
• The shape and size of the parcel ultimately annexed, whether in a flagpole annexation or
otherwise, is not relevant to its eligibility for annexation. Board of County Commissioners v.
City and County of Denver and Board of County Commissioners of County of Arapahoe v.
City of Greenwood Village.
• If annexing a portion of a street or alley, must annex the entire street or alley. C.R.S. 31-12-
105(1) (f).
Member Schmidt asked why then weren't we annexing the whole street... it seems arbitrary where it's
stopped. She said she just wants to make the point that she's gone along when it's a private party (even
when they want to divide their parcel(s) in a creative manner). She said we don't usually start with just a
road. She said if the City has a very good reason why this has to be annexed at this particular point in
time in this creative fashion that may be one thing; but she hasn't seen it come forth. She doesn't want
to take up the Board's/everyone's time but she won't be able to support it because she doesn't think this
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 iri 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
Planning and Zoning Board Minutes
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.