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HomeMy WebLinkAboutLEISTIKOW ANNEXATION & ZONING - ANX110003 - DECISION - MINUTES/NOTES (7)Planning & Zoning Board October 20, 2011 Page 7 would loop through and not strand the remaining part of that parcel for future development potential. He said he's fine with the way it's presented. Chair Stockover asked if he's correct in the fact that they wanted to keep the remainder in the County for when it develops to do the TDUs. Shepard said yes that's correct. Member Schmidt said the Board's also heard the property has been re -plated in the County so that's actually now a lot line according to the County. Shepard said yes, the Leistikow MRD was amended in September, 2011. Member Lingle moved to recommend approval of the Leistikow Annexation and Zoning, # ANX110003 based upon the Findings of Fact found on pages 4 and 5 of the staff reporting including the staff recommended condition of approval. Chair Stockover asked Shepard to recap the condition of approval. Shepard said the condition would be that should the property owner seek a residential development, then the owner shall request disconnection from the City of Fort Collins so that Larimer County would have the opportunity to implement its Transfer of Density Units Program. Staff recommends that this condition be placed on the Leistikow Annexation for a period of 10 years. Shepard said it would be a note on the plat. It'll also be in the annexation ordinance. Member Schmidt seconded the motion. The motion was approved 4:0. Other Business: Member Schmidt asked about a letter the Board received in their packet but which was never discussed. Director Dush said the letter is from some citizens about a potential future development. He doesn't believe that particular parcel has been formally submitted. Chair Stockover asked if the letter would be put forward when an application is reviewed. Dush said yes, it would be a part of the file. Meeting adjourned at 6:55 p.m. Steve Dush, CDNS Director Butch Stockover, Chair Planning & Zoning Board October 20, 2011 Page 6 Creek Reservoir Area Plan. This is a voluntary annexation. The primary purpose of the annexation and zoning is to facilitate the future development of a place of worship. The parcel would be placed in the Residential Neighborhood Sign District. A condition of approval is recommended that would require disconnection in the case of residential development for the benefit of implementing Larimer County's Transfer Density Units Program. Ken Merritt, Landmark Planners, Engineers and Landscape Architects, said the project was framed nicely by Chief Planner Ted Shepard. He reviewed the site map saying the parcel is located on the southeast corner of Trilby and Timberline Roads. It's approximately 18 acres of property within the Leistikow Amended MRD (Minor Residential Development). On the slide, he said the remaining lots are shown in yellow whereas the annexation is shown in red. He said that north of the parcel is the Westchase PUD. Directly north is the LDS (Latter Day Saints) church, a day care center and a fire station. East and south are rural residential properties zoned FA-1. Directly west is a County subdivision with approximately'/2-1 acre lots. North is FA-1 and City LMN zoned properties. Merritt said there are two governing documents that guide the development of this property —the City Structure Plan and the Fossil Creek Area Master Plan (including the Framework Plan). Their site is located at the southeast corner. The City Structure Plan as well as the Fossil Creek Area Plan identifies this area to be zoned as Urban Estate (UE) with residential and some non-residential uses. They are annexing to the far west right-of-way of Timberline Road. The property is annexing two parcels —one is approximately 2.3 acres for the public right-of-way of Timberline Road and the other is a 15.7 acre development parcel. It's being annexed and zoned UE with the intention of non-residential uses; in particular a place of worship, a parsonage, open space, and public right-of-way for the future extension of Majestic Drive (which is located west of their property). Merritt said Shepard mentioned a condition of annexation. The purpose of that condition of annexation is to preserve the integrity of the Fossil Creek Area Plan. In the case of this property, if it does not develop as non-residential; we want the ability to bring it back to the County to develop under the TDU (Transfer Density Units) Program which is stipulated in the Fossil Creek Area Plan. They don't anticipate that it won't be developed as a place of worship. Member Lingle asked what is guiding the shape of the annexation. He understands that it may be the extension of Majestic Drive. Is the intent that it will curve up and connect with Trilby? Merritt said it is oddly shaped and the reason for that is that Majestic would connect to Trilby at an off -set intersection with Carmichael (which goes to the north). The property to the south (approximately '/z acre and directly adjacent to Timberline) would be primarily for open space. That area would preserve the views to/from the temple. He said the little "dog -leg" in the upper northeast corner is also intended for open space. Member Lingle understands that traffic related items would come later with the Project Development Plan but since it influences the annexation, he just wants to verify that the off -set intersection on Trilby is okay with Engineering for tonight's purposes. Shepard said yes, Engineering has reviewed it and it is considered acceptable. Public Input None Board Discussion Member Schmidt asked when the property in the County directly to the west is annexed would it be zoned LMN. Shepard said it would most likely be UE. Member Lingle said his questions related to the shape of the annexation (and the fact that it wasn't the entire parcel) have been answered adequately for him. He appreciates the fact that street right-of-way Planning & Zoning Board October 20, 2011 Page 5 Discussion Member Schmi-dtade a motion the Planning and Zoning Board recommend to Ci uncil the proposed update to L se Code Section 3.4.1(E). Member Carpenter sec d the motion. Chair Stockover said this has been a gre cussion and what seeme tty straight forward up front was in fact made more clear. He said it's amazin see how sta ied around this and upped the . Board's education level tremendously. Thank you. Member Schmidt said she is really thankful for interpretation abo a protection of the resource. She thinks that is a really good goal to h It's encouraged her to go bac d read the LUC section more carefully to see if that cpretty clearly so when it comes up in the re we'll understand the intent of the Code. ome t, The motion wasrapproved 4:0. Project: Leistikow Annexation and Zoning, # ANX110003 Project Description: This is a request to annex and zone 18.04 acres located east of Timberline Road and south of Trilby Road. The property is a portion of the Leistikow Minor Residential Division as approved in Larimer County and addressed as 6732 South Timberline Road. The entire abutting segment of street right-of-way for Timberline Road is included in the annexation boundary. This is a 100% voluntary annexation. The property is partially developed with one house and currently zoned FA-1, Farming in Larimer County. In accordance with the City Plan's Structure Plan Map and the Fossil Creek Reservoir Area Plan, the requested zoning for this annexation is U-E, Urban Estate. The surrounding properties are currently zoned L-M-N, Low Density Mixed -Use Neighborhood and U-E to the north (Westchase P.U.D.) and FA-1, Farming in the Larimer County to the east and south. Recommendation: Staff recommends approval of the annexation and recommends that the property be placed in the U-E, Urban Estate Zoning District. Staff recommends that this property be included in the Residential Neighborhood Sign District. Staff also recommends a condition of annexation that if the property develops as a residential land use, the owner shall disconnect from City so that Larimer County would then be able to implement its Transfer of Density Units program. The effective term of this condition is recommended for ten years. That timeframe has been in agreement with Larimer County. Hearing Testimony, Written Comments and Other Evidence Chief Planner Ted Shepard said this is a request to annex and zone Urban Estate 18.04 acres located east of South Timberline Road and south of Trilby Road. The site is within the boundary of the Fossil Planning & Zoning Board October 20, 2011 Page 2 -? Consent 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. Member Schmidt commented for the benefit of the audience the Board normally reviews agenda topics at Work Session the previous Friday. If something is on the consent agenda, it does not mean they have not previously discussed it in more detail than might appear this evening. op Discussion Agenda: 2. 2011 Annual Revisions, Clarifications and Additions to the Land Use Code — Section 3.4.1(E) - Point of Measurement for Buffers 3. Leistikow Annexation and Zoning, # ANX110003 Project: 2011 Annual Revisions, Clarifications and Additions to the Land Use Code — Section 3.4.1 (E) — Point of Measurement of Buffers 11-0 Project Desc ' tion: This is a request for a Recommendation to City Council regarding th nnual update to the Land Use Code, specifically Section 3.4.1(E) that id tifies where he buffer zone should begin in regards to rivers, streams, an ' rigation ditches. re are proposed revisions, clarifications and additions t e sections of the Code at requires this point of measurement to be fro ankful discharge." Instead, a term "top of bank" is recommended as th most appropriate term for this point o easurement. Recommendation: Approval Hearing Testimony, Written Comments and er Evider� Chair Stockover said the Board's spent a lot of time o is topic. It was considered at a previous hearing and it was sent back to City staff for anoth ook. was almost considered for the Consent Agenda because of the time already spent but the benefit he public, the Board decided to have a quick presentation to bring everyone :one el up to speed. Environmental Planner Lindsay Ex s the previous concerns surroundin he term "bankful discharge" included that it is inappropriate fo ur community because it is difficult to deft In addition, many experts argue that you canno onsistently apply it in the field, especially in system dominated by incised channels (which a he majority of the streams in our City). Ex said based on r earch, meetings with experts, and reviews of other municipal, state, nd federal codes and rec mendations, staff is recommending the adoption of the term "top of bank" s an alternative bankful discharge" because it is the most readily identifiable and consistently a lied term in the fi . In addition, based on discussion with numerous experts, it is the most widely used to Chair Stockover called the meeting to order at 6:05 p.m. Roll Call: Carpenter, Lingle, Schmidt, and Stockover Excused Absences Campana, Hatfield, and Smith Staff Present: Dush, Eckman, Olt, Ex, Varrella, Shepard, and Sanchez -Sprague Agenda Review Director Dush reviewed the agenda. NOTE: Because proper affected property owner notification was not given on the Courtney (#ANX110004) and Leistikow (#ANX11003) Zoning topics, the items were reheard by the Planning and Zoning Board at a Special Meeting on November 3, 2011. Please go to those minutes for information on their deliberation on those items. Citizen participation: Eric Sutherland, 3520 Golden Current, recommended a change in the procedure for hearing ODPs (Overall Development Plans) and PDPs (Project Development Plans). His suggestion is the process change to an entirely different format —from an oral to a written review. He said in a recent case (the Grove ODP and PDP/Plan A and Plan B) it was readily apparent that the protections embodied in our LUC were not observed. He thinks the protections that should have been given the citizens of Fort Collins did not comport with the LUC. He thinks it failed because the City influenced the outcome of the process by virtue of City's staff's involvement with the development review process, even down to imposing a gag rule on citizens which is completely counter to our rules of public process. He'd recommend moving completely away from the situation where dozens of people line up and talk about a particular development without any reference to what section of the LUC might be relevant. He said at the end of the day, that's what the Board uses for making their decisions. Further, he thinks the appeal process should go to an all written format. In the case of the Grove, he thinks "you missed it". He thinks there's no rational explanation why you can build residential in an "E" zone without a primary use. It doesn't matter what the percentage is. If you throw that condition out, you throw out the whole LUC with it. He thinks it's unfair to citizens who have to use their own time and "dime" when filing an appeal. He thinks developers have deep pockets and a feeling of entitlement. He asked the Board to consider his suggestion —all written comments and only arguments pertaining to specific citations of the LUC. He thinks with that process in the case of the Grove it would have been much more favorable to the citizens Chair Stockover asked if the Board was ready to act on the Consent Agenda as proposed.