HomeMy WebLinkAboutLEISTIKOW ANNEXATION & ZONING - ANX110003 - REPORTS - RECOMMENDATION/REPORT (8)East 273.04 feet to the beginning of a tangent curve concave to the Northwest having
a central angle of 2`27' 15" and a radius of 512.50 feet; thence Northeasterly along
the arc of said curve 21.95 feet to the end of said curve; thence tangent from said
curve North 87°36'45" East 95.36 feet to the beginning of a tangent curve concave
to the Southeast having a central angle of 2'27' 15" and a radius of 487.50 feet;
thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve;
thence tangent from said curve, South 89°56'00" East 207.42 feet to the beginning
of a tangent curve concave to the Northwest having a central angle of 17° 15'28" and
a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet
to the True Point of Beginning.
The above described parcel contains 18.035 acres more or less.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above -
described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 15th day of
November, A.D. 2011, and to be presented for final passage on the 6th day of December, A.D. 2011.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 6th day of December, A.D. 2011.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 154, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE LEISTIKOW ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the zoning
of the property which is the subject of this ordinance, and has determined that said property should
be zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Leistikow Annexation to the City of Fort Collins, Colorado, in the Urban
Estate ("U-E") Zone District, which property is more particularly described as:
Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD
and a portion of the existing right-of-way of Timberline Road situate in Sections 17
and 18, Township 6 North, Range 68 West of the 6' P.M. Larimer County, Colorado
being more particularly described as follows:
Beginning at the Northwest Corner of said Section 17, and considering the North line
of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing
South 89°56'00" East and with all bearings contained herein relative thereto; thence
along said North line, South 89°56'00" East 785.96 feet to the True Point of
Beginning, said point being a point on the South line of Westchase Annexation No.
2 to the City of Fort Collins according to the plat on file in the office of the Clerk and
Recorder said County; thence along said South line, South 89°56'00" East 140.27
feet; thence departing said South line, South 00°04'00" West 91.40 feet; thence
South 75'01' 11" West 126.44 feet; thence South 14°58'49" East 95.52 feet to the
beginning of a tangent curve concave to the Northwest having a central angle of
98°02' 18" and a radius of 528.00 feet; thence Southwesterly along the arc of said
curve 903.46 feet; thence departing said curve, South 07°22'24" East 175.33 feet;
thence South 89°54'32" West 467.79 feet to a point on the West right-of-way line of
said Timberline Road; thence along said West right-of-way line the following
courses and distances, North 00°09' 18" East 55.71 feet; thence South 89°54'44"
East 10.00 feet; thence North 00*09' 18" East 959.03 feet to a point on the South line
of said Westchase Annexation No. 2; thence along said South line South 89'56'00"
Passed and adopted on final reading on the 15th day of November, A.D. 2011.
ATTEST:
City Clerk
Mayor
-3-
of a tangent curve concave to the Northwest having a central angle of 17° 15'28" and
a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet
to the True Point of Beginning.
The above described parcel contains 18.035 acres more or less
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Leistikow Annexation, which annexation shall become effective in accordance with the provisions
contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for
recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Section 4. That this annexation into the City of Fort Collins is conditioned upon the
subject property developing as a non-residential land use. If the property is to be developed as a
residential use, then the owner, successors or assigns shall request disconnection of the subject
property from the City of Fort Collins so that Larimer County would have subdivision and zoning
jurisdiction and allow for the implementation of the Transfer of Density Units Program. This
condition shall be in effect for a period of ten (10) years following the effective date of this
ordinance.
Introduced, considered favorably on first reading, and ordered published this 1 st day of
November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D.
2011.
ATTEST:
City Clerk
-2-
Mayor
ORDINANCE NO. 153, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
LEISTIKOW ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2011-087, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds and determines that it is in the best interests of
the City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD
and a portion of the existing right-of-way of Timberline Road situate in Sections 17
and 18, Township 6 North, Range 68 West of the 6`h P.M. Larimer County, Colorado
being more particularly described as follows:
Beginning at the Northwest Corner of said Section 17, and considering the North line
of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing
South 89'56'00" East and with all bearings contained herein relative thereto; thence
along said North line, South 89°56'00" East 785.96 feet to the True Point of
Beginning, said point being a point on the South line of Westchase Annexation No.
2 to the City of Fort Collins according to the plat on file in the office of the Clerk and
Recorder said County; thence along said South line, South 89°56'00" East 140.27
feet; thence departing said South line, South 00°04'00" West 91.40 feet; thence
South 75*0I'11" West 126.44 feet; thence South 14°58'49" East 95.52 feet to the
beginning of a tangent curve concave to the Northwest having a central angle of
98°02' 18" and a radius of 528.00 feet; thence Southwesterly along the arc of said
curve 903.46 feet; thence departing said curve, South 07°22'24" East 175.33 feet;
thence South 89°54'32" West 467.79 feet to a point on the West right-of-way line of
said Timberline Road; thence along said West right-of-way line the following
courses and distances, North 00°09' 18" East 55.71 feet; thence South 89'54'44"
East 10.00 feet; thence North 00°09' 18" East 959.03 feet to a point on the Southline
of said Westchase Annexation No. 2; thence along said South line South 89'56'00"
East 273.04 feet to the beginning of a tangent curve concave to the Northwest having
a central angle of 2*27' 15" and a radius of 512.50 feet; thence Northeasterly along
the arc of said curve 21.95 feet to the end of said curve; thence tangent from said
curve North 87°36'45" East 95.36 feet to the beginning of a tangent curve concave
to the Southeast having a central angle of 2°27' 15" and a radius of 487.50 feet;
thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve;
thence tangent from said curve, South 89°56'00" East 207.42 feet to the beginning
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Leistikow
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Zoned.. F ,1/PUD Zoned UE Leistikow Rural Resident
' MRD-Coun Larimer Count
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Zoned FA-1
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Rural Residential
Larimer County
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Larimer County
Zoned FA-1
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FOSSIL CREEK
RESERVOIR
FOSSIL CREEK
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Planning & Zoning Board
November 3, 2011
Page 12
Member Campana said he'd also like to thank the audience for their input and the time they've put into
that effort. He agrees with Member Schmidt that the annexation and UE zone are appropriate. If a PDP
comes before the Board for a temple, that's the appropriate time to have a lot of the dialogue they want.
Member Lingle asked Eckman if it would be appropriate, if the Board so chooses, to reaffirm the
annexation or should they just be silent on that. Eckman said whatever is the will of the Board is
appropriate.
Member Lingle moved that the Planning and Zoning Board reaffirm their-2--earlier recommendation
on the Leistikow Annexation and recommend to City Council zonino,, a property to UE - Urban
Estate based upon the Findings of Fact found in the Staff Report starting on page 4. Those
Findings of Fact would be numbers 3, 4, and 5. Member Campana seconded the motion.
Member Schmidt wanted, for the benefit of the audience to know_, t e level of -detail at which the review
was done. When Member Lingle made the motion with the Findings of Fact, we-2refinding that this
request for the UE zoning is in conformance with the City's=Comprehensive Plan a d he Fossil Creek
Area Plan. The request is also in conformance with theof Fort.Collins' LUC.
Member Schmidt asked staff if he feels confident in the rem arks the.al
person's discussion about the view sheds. Is that pretty specific in -the
particular management area? Shepard said the Fossil Creek ,6 E
Plan contains a lot of broadly worded statemi%Jents with which the Boarc
of a number of subarea plans. What is clear is l etLand Use Framew
clearly for this parcel to be UE without any kincf'of conseryation or any
PDP going through Article 3 review. Schmidt asked iffhatoap was sh
Shepard said their slide was roughly equivalent.'
Member Lingle said he
Member Smith said he's:(
the staff has concurred tli
provide a lot of very strict
Steve Dush, CDNS Director
Sch
licant made concerning the first
rea plan that it applies to that
is a little vague on that. The
iay be familiar given their review
;:.Map., The map calls out very
ological restriction subject to a
v on the applicant's slides.
comments.
to support the motion. He believes the applicant has demonstrated and
annexattion and the UE zoning are appropriate. He said our LUC does
&I He's N&Rconvinced fhev've met all of those criteria.
Andy Smith, Vice -Chair
Planning & Zoning Board
November 3, 2011
Page 11
streets, sidewalks, turn -lanes, traffic signals, etc. The system is growth shall pay its own way.
A member of the audience asked about the Resolution before City Council with potentially a false
statement. Why was that included if it was not appropriate to discuss environmental issues at this point?
Shepard said we have a requirement that every City Council Agenda Item Summary addresses the
issues of financial & economic impacts, environmental impact, what the staff recommendation is, what
the Board recommendation is, and what the public outreach has been. Typically for an annexation and
for zoning, it's hard to address. But rather than risk not addressing them, we add a statement about what
we do know. What we do know is that this annexation is not within 500 feet,ofa known natural area or
ecological resource. Is it a detailed analysis of the environmental impact;wno;'liecause that comes at the
PDP stage.
Member Schmidt asked staff where that 500 feet taken from. Is it;ffom the comer of Trilby and
Timberline? Shepard said it's taken from the property's perimeter. --:'Schmidt said what she thought she
heard the citizen saying is he feels that it is 500 feet to the RMA =Shepard said `they=ve had this
annexation and zoning request reviewed by the City's Environmental Planner. The P_hc'inner has been out
to the site and it was her analysis that led to the statemeffim the annexation impact thatlt:s not within
500 feet of a designated natural resource area. m W
Member Schmidt said that the first individual that spoke mightbe:under the impression that nothing
happens in FA-1 because he wanted the land to remain in the County. Shepard said for this particular
project a place of worship is allowed by specral,review. Shepard s4ggested that Merritt may have a little
more detailed response given his recent experence�with the County'MRD process. Merritt said the FA-1
Zone allows for more than farming. It allows single family detached residen'tiaj. It could be 2.92 acres
parcels if it's not serviced by sewer. Because tfiis prope[tyis serviced by sewer it could be''h acre lots.
This property is a TDU sending area so 10 acred%esn-vlaecesnly equate to 20 units --there's a
reduction in the number of lots -because of the trarisfer*developrrrent=units. There is also some
commercial activity allowedyff:F: IR=at.the correct too ion given tkie availability of transportation
networks. It's a misnome o thin kit`s= yst agricultural:. Because it's serviced by water and sewer this
property is intended ta_'Qome urban zbd at some point. Merritt said they could have gone forward in the
County but they thought irmore appropriate to move forward in the City. It would allow the City's
development standards to govern ara�§ velopment of the site.
Board
Member�chmidt thanked-ttie citizeffgjo_ r-coming and raising the issues. She said it's always good for
everyone to know up front wt atthe con erns -will be. As they've heard from the attorney and as the
Board's discussed there are rt in guid6lil es on what the Board can consider tonight with regard to
annexation a d=zoning. She saitFthe issues they raised will be addressed in great detail as we move
forward with wbaYs submitted. With the condition on the annexation, it could even turn back into
residential.
Schmidt said looking 6UNh.eissues, the annexation into the city is appropriate. She also thinks Urban
Estate zone is the most appropriate zone. She said the developer takes the risk (with time and money)
so they take steps to understand what the infrastructure can handle. They are listening very carefully to
the input given so they know the direction they need to go and the standards they need to meet. At this
point the detail is not there for the Board to decide what can or cannot happen.
Member Schmidt added why she thinks the annexation is appropriate. The City makes a great deal of
effort to have a lot of codes and standards so that projects that get developed are done to a high level.
It's much more detailed than in the County. There is also a much more extended appeal process. You
have a larger Board here and it goes to City Council for their review.
Planning & Zoning Board
November 3, 2011
Page 10
800 to 1000 feet from that resource management area. They believe any impacts will not necessary be
a result of their development. South of that green line and north of the green dashed line is Urban
Estate. He believes an argument could be made the Westchase development as it currently exists might
have the greatest amount of impact at it abuts directly up to that boundary of the RMA.
Merritt said there's an area of rural/urban estate residential which will stay in the 5 to 35 acre sized
parcels which will act as an additional buffer between the RMA and the Leistikow Annexation. They want
to be concerned about the resource management and the impacts of development adjacent to that. He's
sure when they get to the site -specific PDP work that if there's a requirement-Aor, the preservation of
natural sources City staff will request they mitigate any impacts that may be a direct result of the
proposed development.=.
Merritt said with regards to endangered species, any development that ocdurs�an this property will have
to comply with federal regulations regarding the Endangered Species Act. That-Vvjll also come at the
time of the Project Development Plan. There will be full opporturiity_t& issues of _mpact related to
development as it might extend to roosting or nesting birdsfof prey that are preserif either adjacent to the
site or within the RMA.
Merritt said with regards to transportation issues and the impact of development. He would admit that
today, given the development that exists with Westchase ands€uith6 nortrtti on Timberline Road, there are
inadequacies to the existing transportation network south of Trilby�koad. The intersection of Trilby and
Timberline is an incomplete intersection witl3_less than adequate apiary lanes. As the Board is aware,
development pays its way. This developmerit-ii1_in.fact, do any of the=required and necessary
improvements to both the intersection of Trilbyand:=Tmberline as well as further improvements south of
Trilby Road directly adjacent to the property. It's -his beli02hat. development will only improve; not create
additional congestion.
Merritt said with regard to laird use one gentleman wfio got up tospeak indicated he was not being fully
transparent with regards,to what exists.; He indicatedon a slide that due north of their property is the
existing church. Trilby°and Timberlir e-are a part of a'major transportation network. It made sense when
Westchase was developed to -cluster those non-resideriOW'uses at that intersection. They have an
existing church, north of that a day care and north of that a fire station. He said.likewise it makes sense
to use the future development of.thls parcel as7-g'-ransitional land use placing the place of worship at that
Merritt said.with regard to cistimpacts development in Fort Collins pays its way. This project, if it
moves of rward, will make the equisite improvements to Timberline & Trilby and any improvements to
utilities (ovate&- nd sewer) that-' necessary in order to mitigate the impacts that this development might
have on the surrounding infrastructure. It should be cost neutral from the standpoint of capital
infrastructure imp ements. Any costs to the City will be offset with capital expansion fees and fees
paid at the time of'R ding permit.
Merritt said that conclude==his comments and he's happy to answer any additional questions the Board
may have. "
Shepard said he would just add that the wildlife issue will be addressed at the time of the Project
Development Plan (PDP) under Standards 3.4.1 which have to.do with both quantitative and qualitative
aspects of how to protect an ecological resource. The same is true with transportation issues. As
explained at their development review outreach meeting, the subdivisions that are on the edge of the city
(Westchase in this case), there is always a lack of public improvements. There is a lag between
residential development and the ability to provide the entire required public infrastructure simply because
from a fiscal perspective, the City is not in a position to be able to "front" improvements such as roads,
Planning & Zoning Board
November 3, 2011
Page 9
understands it, people who will be using this temple are encouraged to visit once a month. She said
we're talking about hundreds of thousands of people from Wyoming, Nebraska and Northern Colorado.
She said the only way they can currently get out of the Westchase neighborhood are via two streets —
Fossil Creek Road and Westchase. She thinks it'll make the Timberline much more dangerous. If
there's any way possible way, she'd recommend people using the temple should be rerouted using 1-25
via Carpenter Road.
Sky Rynker, 2202 Westchase Road, asked if we're discussing annexation or are we discussing the
project itself. Vice Chair Smith said we're really discussing the zoning but ifyou'd like to comment on
annexation, please feel free to do so. Vice Chair Smith said there will be=a`--lot f opportunity for public
input before there's ever a development proposal. Rynker said he understands it will be a place of
worship and that there will be a resident at the parsonage. On the ap`plcantµs slides he did not see a
picture of the actual church that is already there (north of the subjdcf prope tyjLAre we trying to
minimize the fact that there is already a building there? What he is-1eoncern(Td,-- ut is we are not
showing the Kechter Subdivision being annexed and its impacfs�He-asked if it~s=rtot listed as being UE
to the south. Vice Chair Smith advised him to please continue hiscommentsandwhen Public Input is
closed, staff will respond..
Rynker said to annex as UE and to leave all the other lots to the County; where there are=fending for
themselves is ridiculous. He lives in this area and he has to'answerJto his daughters as to why they
need to build such a big building there when they already have' aa- ce of worship which they do not
have the right to attend. He said it's going' to greatly impact those two.developments as well as
everyone else around. He asked the Boar&&i se_think about it be%Wu ruin the southeast part of
Fort Collins.
Shane McGregor lives at 2220 Fossil Creek Parkway. HiFhV, Qhere with his wife and three children.
He's here in opposition to theproposed project.tiLhile=he completely understands Mr. Leistikow's right
w to utilize his property in hatev cre pacity he chooses, what is interesting to him in the presentation is
they thought the transition -from re`s"jabntial to a ruralarea would be properly buffered with a temple that
could potentially have ale=to two thousand people a uveek coming to it. He said it's on the scale of the
number of people who g f =HughesfStadium for footbatl games. McGregor becomes a little bit
concerned because the roads_on Ttiltiy andiTimberline=are one lane traffic roads and there is no chance
for that road that -travels under the=railway= ►dpand to accommodate those numbers. He said he
looks at thee= m5ers of homes that`have gone up for sale just west of the subject parcel. These are
$500,0000+�properties�h k ve seemvery little activity since this use was proposed. He doesn't
undersiajnd why this happ—e %Io be the5bestl0cation for this use.
David Vidffi-k s at 6314 TrWStead Road. He is concerned about building something that large and its
impact on aniin_ats—specifically tiald eagle and coyotes. We'll be taking away more land and pushing
them into the residential area. Have we really looked at what impact this will have on animals?
Secondly, what kind�of expense`will that be to the City? There are going to have to widen those roads
and it's going to. cost Havp�Tbu taken a look at that?
Merritt said he's going to'try to walk through the comments made. He'll try to hit those issues of major
concern. The first gentleman that spoke this evening spoke of a document which is actually a
supporting document to the Fossil Creek Area Plan. It has to do with the preservation of Fossil Creek
natural resources. Merritt used a slide that indicated a broken green line — a circular area that
represents the Resource Management Area (RMA) described by the Fossil Creek Area Plan (FCAP).
He said it is that management area that the preservation of critical natural wildlife area is intended. He
said when they speak to view corridors and preservation of the Fossil Creek Resource Area (FCRA); it
is the area south and east of that dashed line to which that document is referring. What you'll notice
from their property (which lies at the intersection of Timberline and Trilby) is that they are in excess of
Planning & Zoning Board
November 3, 2011
Page 8
study which was reviewed and accepted by the city's traffic engineers) has created a hazardous
situation for our children.
This is deeply concerning when you consider a report entitled, Dangerous by Design 2011, which
was recently presented to Congress at the introduction of The Safe and Complete Streets Act of
2011. The report documents the more than 47,700 pedestrians killed and 688,000 pedestrians
injured in the U.S. between 2000 and 2009 -- equivalent to a vehicle striking a pedestrian every
seven minutes. Children are disproportionally represented in these statistics. During an eight year
period, children who were walking or biking to destinations including schools and parks
accounted for 25 — 30% of all traffic deaths.
Any development will exacerbate existing traffic issues witt
necessitates that infrastructure corrections must precede p
make sure they are implemented and, 2) in order to save. c
have already experienced the city's lack ability and/ortiesol
issues that resulted from inadequately reviewed traffic stud
of speed bumps to resolve the issue that exists on Fossil C
until a majority of residents respond to a survey; iizfavor of
report from our HOA indicated a total of 183 responsesLout
Westchase neighborhood. Seventy percent of respoWhts
response rate of 40 percent. These are significant number:
insufficient to justify proceeding wittkhe_traffic correction. F
reevaluate their definition of "affected population" since ma
not exposed to speeding traffic in frontof'tWd homes. Reg
contend with traffic issues that resulted from pooFRt[affic,plz
The proposed development for the LeistikoW Ai
of Lowe's Home CeriferM[fwill.be open from'ea
is foolish to assume that the t ffic generated 6
directly into theM&tchase neighborhood, will i
exist. The infrastructure.must.addressed early i
and in place before t deve.l'o�ment_pcoceeds.
Farea. Pedestrian safety
)see developments, 1) in order to
en's lives_=Westchase residents
vith regardfoacorrecting traffic
The city proposed the installation
c Pkwy but thegIvW[ snot proceed
proposed installation:: --The last
f e:415 households7in the
sport the installation based on a
it the city determined this data is
pnally, I think the city should
Kcul-de-sacs and side streets are
J- s residents are forced to
iexatiorf contains a parking lot, roughly the size
✓ morning-sntil late at night, five days a week. It
this development, a development that exits
)t deleteriously impact traffic issues that already
.this process and it must be properly designed
Eric Sutherland `3520 Golden Current, said the materials regarding the annexation that went to City
Council ,,& not place a cost:to the fazpayers. He said all the materials have been mute as to what costs
would be for paved right ofzway,, its ma.ffienance, and perhaps other improvements. Another issue is
-w
trarlsporfation. He said the Board has satin displaced intersections along Trilby Road. Staff represents
that this doii�not create a situation with7interlocking left hand turns. It appears two cars making a left
hand turn wilF-n-ded to negotiate�with each other and that is not a good safety practice. Sutherland said
as the applicarff=Mated the entire: boundary of the annexation is predicated on a streetscape. He
doesn't think that it'sYproperlyaluated. Sutherland asked whether it might not have been a good idea
for the annexation t(N5-- ixe=the same notification procedure that was required under the LUC for the
zoning component. He doesn't believe the residents of this area got a fair "shake" relative to adequate
notice. Wouldn't it alsq'-be a good practice to go a little bit above what's required? He believes it would
be an improvement of public process.
Nancy Korb, 2215 Andrews Street, said she lives very close to Timberline —a block and a half from the
fire station at the corner of Westchase and Timberline. She would like to address the issue of traffic.
She is very concerned about traffic coming down Timberline to go to the temple if that is what's to be
built there. The intersection at Harmony and Timberline is already a "failed" intersection and the
number of people who will be taking that route to go to the temple will be significant. As she
Planning & Zoning Board
November 3, 2011
Page 7
Mandatory criteria are it must be consistent with the City's Comprehensive Plan and/or warranted by
change conditions within the area.
Mr. Hirning read the following comments into the record:
I was disheartened to learn of the October 20, 2011 Planning and Zoning board meeting.
understand the Leistikow Annexation decision was invalided, since residents were not properly
notified of the meeting. However, the video record shows the applicant made his case, the issue
was discussed and the board issued a decision in support of the applicant during that meeting.
These events serve to propagate the impression that land use decisions are made before
resident concerns are given due consideration. In this case, residents who oppose this issue are
burdened with the task of undoing a decision that has alreadyzma:e 3
A resolution came before the Fort Collins City Council on N
Leistikow Annexation (Agenda Item #21). The Planning``=an,
include their decision in this resolution and I thank;them for
from residents, city staff recommended the adoption of this
resolution was eventually pulled from the city.;cWq-6.1 agenc
future city council meeting and should reflect decisions_mac
section on Environmental Impacts which contains the"fdUbm
property] is not within 500 feet of a known natural habitat=o
section was included and who did tta research to back up t
It is a well-known fact that the Fossil Creek=Re
eagle nesting sites are protected by federal law
investigating reports of an eagle's nest located
Since the Leistikow property_abuts this intiRsec
other nesting sites. Regardleiss of the Audubon
eagle nesting grinds in this=area, the U.S. Fes
to assess whetherradevelopmeilt on this site v
appeared in Tues _1s_resolution is at the very
judgment or both.
The;;vide`sof-=t5rseoa rd's
impacts of the proposed
were made and I dsWe
i9s0es involving the Wes
the-Ndhi traffic Timberline
TrilbyKechter roads
significaritfy.�short of the
Urban StreetzStandards
available to chit nwl o
nber 1; 2Q;11, concerning this
ning Boa etfully declined to
action. But despite a lack of input
lution on first reading. Though the
similar resolution_M appear at a
night. The resolution contains a
statement, "The site [the Leistikow
ure." I would like to know why this
rvoir is a nesting g_r.Qund for bald eagles. Bald
ThekFort Collins Audubon Society is currently
aa�� RA-ptersection of Trilby and Timberline.
in, it is very. ssible that it contains this and
findings„based on the known existence of bald
and Wildlife agency must be consulted in order
lates federal regulations. The statement that
asf premature and indicates poor research, poor
meeting on October 20, 2011 included a discussion related to traffic
ieve(opment on the Leistikow property. I disagree with statements that
s with`tH Sapp"arent conclusions. There are known and existing traffic
chase neighborhood. First, the only way to exit Westchase is by using
=Road. -Second, the East/West routes for pedestrian traffic consist of
two roads that have shoulders less than two feet wide in places, falling
urrent requirement of six feet shoulders according to Larimer County
t should be emphasized that these three roads are the only routes
must bike to schools and the nearest parks.
There is another ..issue. Steve Gilcrest and members of the City of Fort Collins Traffic Engineering
department have met with the Westchase HOA in response to a number of complaints that span
several years. These complaints relate to the amount and speed of traffic within the Westchase
neighborhood, the bulk of which come from Fossil Creek Pkwy. At a Westchase HOA Board
Meeting, members of the city staff explained that the narrow and winding, Fossil Creek Pkwy,
was never designed to be a primary entry/exit point for the neighborhood. However, this street is
THE primary entry/exit point for residents-- experiencing twice the traffic of the next busiest
entry/exit point. This demonstrates that developers' traffic studies are not crystal balls. In this
case, the failure of the developer's traffic study to adequately predict traffic patterns (a traffic
Planning & Zoning Board
November 3, 2011
Page 6
its Transfer Density Units (TDU) Program. That timeframe assumes that the setting and the receiving
area for the Fossil Creek Plan will have been satisfied by that point. The ten year timeframe has been
agreed to by the Larimer County Planning Department. This is a receiving area for density. Although
non-residential uses are allowed and exempt from the TDU, residential subdivisions must comply with
the TDU Program.
Member Lingle said when we get down the road in terms of deliberation he'd like to verify the Findings of
Fact listed in the Staff Report include # 1 and 2 related to annexation (he's assuming we'll exclude those
tonight) and # 6 (condition related to approval of the annexation) so that would -,also be excluded . City
Deputy Attorney Eckman indicated yes.
Member Schmidt wanted to verify that all the areas that are now FP
— Urban Estate and will provide buffer with the rural lands. Sheparc
indicated, the Fossil Creek Area Plan (jointly adopted by the City ai
subdivision be approved in the County for the purpose of theJDU_I
be approved to urban standards. After approval and recording, the
City once the TDU Program has been completed. The actual devel(
under the City as will building permits and building permitfees.
Member Schmidt wanted confirmation that density would re
Shepard said correct. He said the County TDU Program is
than UE density in a County approved subdivision.
inthe�County would be zoned UE
aid c ect but as the applicant
the County%requires that a County
igram. The=county subdivision will
ibdivision will -be annexed into the
-rent of the subdivision will be
ame under UE — Urban Estate.
such that there will be no greater
Public Input = -`
Jonathan Anderson, 1230 Paragon Place, is confused by Memtt'sdescription of how this all fits into Fort
Collins Plan because he read.the-Fort Collins Landonservation/S wardship Master Plan. This area is
specifically designated on Page 19as the Fossil Creek Corridor 3=our guide for Fossil Creek corridor
resource, habitat, view shed separator =- says our pr %ipal goal is to protect the wild life at the Fossil
Creek Nature Reserve=(FSNR). This land is next doo -to the FSNR. Anderson said Fort Collins intention
is to preserve this area, t pand the Gity's control an5_to not develop. Its intention is to protect the
view shed of the foothills. Yo'-_can look'fe,6m7.the nature_„area and see Horsetooth. This temple or any
:L
building that's over'*story high Rs going to inter.feYre with that view. He's opposed to the annexation
because he t imks the C:dunty sho01h,ave contro`Iled it to preserve the County park and the habitat that's
there He's opposed tothatigmg the designation from FA-1 because means we'll have buildings and
such off is property and it opens it up to_jirnited use buildings which can be up to three stories high. It's
going to interfere with the vieW `shed. It seems crazy, inappropriate and inconsistent with the City's
Master PlATL_&allow it to devel p_in such 'ra manner. It should remain FA-1 for the wildlife. This is not the
right development -here.
Devin Himing, 22f 4Fossil Creef Parkway, asked if the traffic issues could be discussed. Vice -chair
Smith asked Deputy City Attorney Eckman what areas were appropriate for deliberation. Eckman said
the question of annexationnow can be open. On the question of zoning, he referred to the LUC
Sections 2.9.4(H) wher@:guidance could be found. He said optional criteria in considering zoning is:
• whether the proposed zoning is compatible with existing and proposed uses surrounding the
subject land and is the appropriate zoned district for the land
• whether and the extent to which the proposed amendment would result in significantly adverse
impacts on the natural environment including but not limited to water, air, noise, storm water
management, wildlife, vegetation, wetlands and the natural functioning of the environment
• whether and the extent to which the proposed amendment would result in a logical and orderly
development pattern.
Planning & Zoning Board
November 3, 2011
Page 5
N: L-M-N;
N: U-E;
E: FA-1;
S: FA-1;
W: FA-1:
Westchase P.U.D.
Westchase P.U.D.
(Larimer County) Leflar M.R.D.
(Larimer County) Leistikow Amended M.R.D.
(Larimer County) Paragon Estates P.U.D.
He said the city limits are delineated by a pink line. The parcel meets contiguity requirements and the
guiding documents used in formulating this proposal were the City's Structure:= Plan and the Fossil Creek
Reservoir Area Plan. The Fossil Creek Area Plan identifies this area to be=zoned=as Urban Estate (UE)
with residential and some non-residential uses. Their intent is to buffer.anQ.to transition to the more
urban development to the north from the less dense uses on the eastan&_south. Merritt said directly
north is the LDS (Latter Day Saints) church, a day care center an& fire stafi%sn_:_
Merritt said as noted at the October 20t' Hearing they are anise
Timberline Road. The property is annexing two parcels —one i;
right-of-way of Timberline Road and the other is a 15.7-acre de
zoned UE with the intention of non-residential uses; in$particula
space, and public right-of-way for the future extension of Maje;
property). The little "panhandle" south of Majestic Drive (and`s
It's accessory use to the place of worship. Merritt said that due
open space thereby allowing them to contrdl=t)e view corridors
os
future place of worship. He said UE is the mt appropriate zo
G L_ S
Fossil Creek Area Plan and the City's StructureWPlan;:hose do
residential. The use of place of worship is allowed. 1 e4 RNW
site -specific development plan for the temple siteitself.
inn the far wei tQd. ht-of-way of
approximately 2.3 acres. for the public
felopment parcel. It's being annexed and
a place of worship, a parsonage, open
is Drids{vrhich is located west of their
Town in orange) is the temple parsonage.
Wesc is an area in which they will provide
3s�[ - ead north on Timberline to the
ung distfict given the guidance of the
:uments VY.W ' E uses as other than
ie monthM come they plan to bring a
Member Lingle noted for the: record that questions he'"asked on October 20 were all relevant to the
annexation and not to zoding. It is h-impression they. do not need to revisit issues related to
annexation. Deputy City Attomey Edkdian said in they nterest of fairness, he'd like to err on the side of
allowing the public, the appjjcat and- ff. to speak on t otti'annexation and zoning. He said it's not
appropriate to speak to a site=specific<development plan=which will come later with the submittal of a
Project Develo mentRlan PDP _=
Member_;Schmidt said heLL nestion ar d_impression from the last hearing is that the amount of land they
are anfOxing is sufficient toaddress their�obligations as far as road widening, and infrastructure
imp oveftWs. Merritt said tkie=site-specific development plan they will be doing will help them to
identify and -vet the issues related;to the impacts of the specific use. They have tried to consider what
right-of-way woufd.be necessar�R6 both Timberline Road and Majestic Drive with the parcel submitted.
Member Lingle said-the.•questiadhe had related to that was -- even though the street design will be
coming later, he wantedao verify with staff whether Engineering had reviewed the proposed off -set
intersection on Trilby to`tfe extent that the shape and the amount of land in the annexation was
appropriate. The answer was yes. Shepard said correct, the alignment is specifically designed so that
Majestic would intersect Trilby at a 90 degree and that the off -set is in the right direction so there won't
be interlocking, conflicting left turns.
Shepard said he'd like to remind the Board and citizens present there is a condition of approval for the
annexation. The condition, which is recommended for 10 years, states should the subject parcel
develop in a residential fashion, the owner will then be required to request disconnection from the City
and the property would revert back to the County for the purpose of the County being able to implement
PLANNING AND ZONING BOARD
November 3, 2011
DRAFT
End of Public Input
for Dush said the only thing he'd like to add is this zone change is in the Growth Manage rea
and it omply with the City Structure Plan.
Board Discussion
Member Lingle said their cha ight is to establish the appropriat ng for the property. The
annexation was found to be complian State requirements. fight, theme ommendation is to place
that property in the UE Urban Estate Distric . t see ppropriate t ri'6jeeause it follows the
City Structure Plan. He said the potential purchas property is irelevant to the Board's
deliberations.
Member Schmidt said she agre . he thinks the UE is appropriate an ' 's luntary annexation
request. She has no iss ith it.
Member Lin oved to recommend to City Counc'►t that the Courtney Zoning, # A . i0004 be
aipprov Ith UE, Urban Estate zoning, as recorrym ceded by st Member Schm sec ed
th otion. The motion was approved 5:0.-�'
Project:
Leistikow
ng, # ANX1
Project Description: This is a request to zone 48.044c-Me located eastsif'Timberline Road and south of
Trilby Road. The propertyis a p • is - - i—Leisikow Minor Residential Division
as approved in Larimer CodntY and addressed as 6732 South Timberline Road.
Thep i ting segment�or'street right -way for Timberline Road is included
in.. • e annexa of boundary. TgLs is a 100% voluntary annexation. The property is
� aTfail develd d with one house and currently zoned FA-1, Farming in Larimer
Comet V :t in acE6rdance with th&06 Plan's Structure Plan Map and the Fossil
Creek- ese `irk ea- -Ian, the requested zoning for this annexation is U-E, Urban
�. ., P -..-tea&
, Estate. Tkre>surroundirigQfgperties are currently zoned L-M-N, Low Density Jft�eigh obtr ood and U ETo the north (Westchase P.U.D.) and FA-1, Farming in
tfi "timer Cod t -to the east and south.
Staff rei-o�mmendslhb property be placed in the U-E, Urban Estate Zoning District.
Hearing Testii Ry, Written Comments and Other Evidence
Chief Planner Te7-�iepard ffihis is a request to zone as Urban Estate 18.04 acres located east of
South Timberline RS; it and spth of Trilby Road. The site is within the boundary of the Fossil Creek
Reservoir Area Plan 'Mary purpose of zoning is to facilitate the future development of a place of
worship. As approved bye Board at their October 20, 2011 Hearing, the parcel would be placed in the
Residential Neighborhor d Sign District. At that meeting a condition of approval of annexation was to
recommend the parcel would require disconnection in the case of residential developmentfor the benefit
of implementing Larimer County's Transfer Density Units Program.
Applicant's Presentation
Ken Merritt, Landmark Planners, Engineers and Landscape Architects, reviewed the site map graphic
with the Board. He said the parcel is located on the southeast corner of Trilby and Timberline Roads. It
is approximately 18 acres of property within the Leistikow Amended MRD (Minor Residential
Development). Merritt described the surrounding zoning as:
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.
=�ha
Member Lingle moved to recommend approval of the Leistikow
ANX110003 based upon the Findings of Fact found on pages 4
including the staff recommended condition of approval. 41-
Chair Stockover asked Shepard to recap the condition of approva
that should the property owner seek a residential development, th
disconnection from the City of Fort Collins so that Larimer.County
implement its Transfer of Density Units Program. Staff"rco emmer
Leistikow, Annexation for a period of 10 years. Shepard said.itmo
the annexation ordinance.
Member Schmidt seconded the motion. The._motion was
Member midt asked about a letter the Board eeceived`ih1hei'r:
Director Dushliv4jlhe letter is,.from some citizens'about'a potent
believe that particula el=has been, formally submitted. Chair
put forward when an applic s revi1.ewed. Dush said yes, it �
Meeting adjourned
and Zoning, #
staff reporting
condition would be
the owner shall request
wld have the opportunity to
that this condition -be placed on the
be�a note on the plat' It'll also be in
ed 4:0.
-1W
:ketbut which was never-dj ed.
CDNS Dirt; {s} a Butch Stockover,
NdOFFhe letter would be
of the file.
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,, Fiei i' _the remaining lots are
shown in yellow whereas the annexation is shown in red. He said that no 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 zone-. roperties f +;
Merritt said there are two governing documents that guide the deVE
Structure Plan and.the Fossil Creek Area Master Plan (including th
located at the southeast corner. The City Structure Planils..well as
this area to be zoned as Urban Estate (UE) with residential and soi
annexing to the far west right-of-way of Timberline Road The prop
approximately 2.3 acres for the public right-of-way of Timberline Rt
development parcel. It's being annexed ana=ned UE with the inf
articular a lace of worship, a parsonage, o en s ace and public
P P P, P 9 PI?
of Majestic Drive (which is located west of their property)..
,ment of this"property—the City
ramework Plan)Their site is
_Fossil Creek Area Plan identifies
non-residential uses:They are
is annexing two parcels —one is
and the other is a 15.7 acre
on of non-residential uses; in
ht-of-wav for the future extension
Merritt said Shepard mentioned a condition of anpexationYThe purpose"of that condition of annexation is
to preserve the integrity of the Fossil Creek Area Plan :z 'In the casesof this property, if it does not develop
as non-residential; we wantthe 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;pface of worship.
Member Lingle asked what istguiding
extension of Majestic.Drive. Is the int
oddly shaped=and the;"reason for that,
with Carmichael (which goes to the ni
adjacent to Timberline) would-be prim
the temple He said the little dog, leg'
Member Lingle understands that traffi
but since it infI69-6.ces.the annexation,
with Engineering fortonight's purpose
considered acceptable
Public Input
None
ie�shape of the= annexation. He understands that it may be the
nf thaf it will:curve up and connect with Trilby? Merritt said it is
that Majestic would connect to Trilby at an off -set intersection
th). The property to the south (approximately'/2 acre and directly
my for,•;open space. That area would preserve the views to/from
inthe upper northeast corner is also intended for open space.
related items would come later with the Project Development Plan
he just wants to verify that the off -set intersection on Trilby is okay
s. Shepard said yes, Engineering has reviewed it and it is
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
ATTACHMENT 5
Planning & Zoning Board
October 20, 2011
Page 5
Member Sch ade a motion the Planning and Zoning Board recommend to City Cgppelll1he
proposed update to d Use Code Section 3.4.1(E). Member Carpenter seco a motion.
Chair Stockover said this has be reat discussion and what see etty straight forward up front
was in fact made more clear. He said i azing to see how allied around this and upped the
Board's education level tremendously. Than
d.
Member Schmidt said she is really thankfu a interp on about tFe protection of the resource.
She thinks that is a really good goal ve. It's encouraged o gq lSa`cRand read the LUC section
:,.
more carefully to see if that co out pretty clearly so when it corn._ in`=tte£future we'll understand
the intent of the Code. < Y
The motiogyM9approved 4:0.
Project: Leistikow Annexation and Zoning, #
Project Description: This is a request to annex an
and south of Trilby Road
Residential Division as approN
Timberline Road. The entire ;
Road is ;included in the ai
annexafionThe property is
zoned FA-11,gFarming in Lar
MU
.Structure Plan ;Map and the
zonrno:for this -"annexation is
zone 18.04 acrf6s'-Jocated east of Timberline Road
he -,,property is a portion of the Leistikow Minor
d in, Earimer County: and addressed 'as 6732 South
uttmgesegment;of street right-of-way for Timberline
�F S'
exation boundary. This is a 100% voluntary
artially developed with one house and currently
ier County. In accordance with the City Plan's
'ossil Creek Reservoir Area Plan, the requested
-E",Urban Estate. The surrounding properties are
ehity Mixed -Use Neighborhood and U-E to the
FA-1, Farming in the Larimer County to the east
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.
t,
ttaff..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
ATTACHMENT
,� s Leistikow Annexation
Structure Plan
gMmAarfec bMcb NelaneathoPEf EEPes QnIdO
Fat CdM1n GMR � W,MN nOkn1U VrM FaLYv -� Cmm+uM SeOeviv � W<�ISv1; Patr vC:Ytlx Ctn4'Rf
Paerqul u^AN E+Pfnfxn Calnvtb Camwew Ouo-n low0arwry•.tael::a FwYNf o°"a'°�aC°"'
onv:Jry GFN ea Gara'om�o'u:hvn A�:U�n ^.n,ary'airaf.i:ie PUN UDa �E^tscaO Rma Cm!Ev!iMtti9
aomnq+ma Ns yQM1PolI¢A Camnadd Cmct -
NrstPltnmo,v<m V^M Cemlq t
Dry lmb �' 6tgatnnntawla �i
ewmw C`fNa
1 inch = 0.3 miles
ATTACHMEN"r 3
City of Fort Collins Zoning Map
Leistikow Annexation
Legend N
WaterWies ZONE Employment - Public Open Lands
City Zoning 0 NCM Lew Density Mixed-Usa Ne4ftdwed O River Conservation
® Limped Commercial ••-t:.> o= Nefghbonccod Conservation Bu1'ar Urban Estate
Service Commercial Nelghbefieed Conservation Law Density
Leistikow Annexation
Vicinity Map
1 inch = 600 feet
N
A
November 1, 2011 -3- ITEM 20
PUBLIC OUTREACH
Public notification of a Planning and Zoning Board special meeting on November 3, 2011, for the purpose of holding
a hearing on the zoning request, has been given via a letter of notification of the public hearing (containing date, time,
and place for the hearing and a description of the request) mailed to all affected property owners within 800 feet of the
property 14 days prior to the hearing. A neighborhood meeting is not required for annexation of property and no
meeting was held for this annexation and zoning request.
ATTACHMENTS
1. Vicinity Map
2. City Structure Map (partial)
3. City Zoning Plan (partial)
Y
;are'
November 1, 2011 -2- ITEM 20
The requested zoning for this annexation is the UE— Urban Estate District. There are numerous uses permitted in this
District, subject to either administrative review or review by the Planning and Zoning Board. The adopted City Structure
Plan, a part of the Comprehensive Plan (City Plan), identifies that Urban Estate is appropriate in this location. The
request is in conformance with the State of Colorado Revised Statutes as they relate to annexations and the City of
Fort Collins Land Use Code.
Findings
1. The annexation of this area is consistent with the policies and agreements between Larimer County and the
City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management
Area.
2. The property meets the eligibility req irements Mcluied in Stat\dlawto qualify for a voluntary annexation to
the City of Fort Collins.
3. On September20, 2011, the CGi it approved Resolution 201 ti-088 that accepted the annexation petition
and determined that the petition was in compliance with State law. The resolution also initiated the annexation
process for the property by establishing the date, time and place when a public hearing would be held
regarding the readings of the Ordinances annexing and zoning the area.
4. The requested UE — Urban Estate Zoning District is in conformance with the policies of the City's
Comprehensive Plan.
5. The request is in conformance with the City of Fort Collins Land Use Code.
DFINANCIAL / ECONOMIC IMPACTS
Kit
No direct financial impacts result from the proposed an exatio and zoning. The property is developed at the present
time, containing a single-family residence.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading. Staff recommends that this
property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this
property is already in the District. The "Residential eighborlogdSiggn, District" was established for the purpose of
regulating signs for nonresidential use in curtain e ' hicat areas &Ahe diity which may be particularly affected
by such signs because of their predominantly residential use and character.The subject property is in an established
residential area. �
BOARD / COMMISSION RECOMMENDATION
Following the Planning and Zoning Board's regular meeting on October 20, 2011, at which the Board held a hearing
on this annexation and zoning, it was discovered that, through no fault of the applicant, notice of the hearing was not
mailed to affected property owners as required by the Land Use Code. Therefore, a special Planning and Zoning
Board meeting has been scheduled for November 3, 2011 for the Board to rehear this item. In order to avoid delay
of this annexation, the Planning and Zoning Board's recommendation addressing the issues of the annexation, the
placing of the property into the U-E, Urban,Estate zone-distripactusion into the Residential Neighborhood Sign
District will be forwarded to City Council p it Council the Council hearing on Second Reading on November 15,
2011.
ATTACHMENT
DATE: November 1, 2011 k , -
STAFF: Ted Shepard • - • •
ID
Items Relating to the Leistikow Annexation and Zoning.
A. Resolution 2011-098 Setting Forth Findings of Fact and Determinations Regarding the Lei stikowAnnexation.
B. Hearing and First Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow
Annexation to the City of Fort Gott]
Ti
C. Hearing and First ReadiWEPTnfc�oR5Ft/tf ldin§jge Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property In�'c�ucdje�tl in theLeistikow Annexation to the City of Fort
Collins. is
EXECUTIVE SUMMARY
This is a request to annex and zone the Leistikow parcel. The parcel is 18.04 acres located east of Timberline Road
and south of Trilby Road. The property is a portion of the Leistikow Amended Minor Residential Division as approved
in Larimer County and addressed as 6732 South Timberline Road.
Contiguity with the existing municipal bound`aii is;ga"""in (alon, Ftthe entire�nor em boundary which is shared with the
VA
Westchase P.U.D. The recommended zoning is�U' E, Urban Estate inconformance with the City's Structure Plan Map
and the Fossil Creek Reservoir Area Plan. The Annexation Arcrudes a condition such that if the property develops as
AN a residential land use, the owner shall re ue t disconnectiong om City so iat Larimer County would then be able to
implement its Transfer of Density Units program. The effective term of this condition is ten years.
This annexation request is in conformance with the Colorado Revised Statutes, City of Fort Collins Comprehensive
Plan, Land Use Code and the Intergovernmental Agreement between the City of Fort Collins and Larimer County.
There are no known controversies associated with this annexation.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation
perimeter, 25% is contiguous to the i
of the perimeter boundary be contig
lanagement Area. Of the total property
requirement that no less than one -sixth
According to the policies and agreements between the City of Fort Collins and Larimer County, the City will agree to
consider annexation of property in the Growth Management Area when the property is eligible for annexation under
state law.
The surrounding zoning and land uses are as follows
N: L-M-N; Westchase P.U.D.
N: U-E; Westchase P.U.D.
E: FA-1; (Larimer County) Leflar :R D.
S: FA-1; (Larimer County) Leistikow Amended WR.D
W: FA-1; (Larimer County) Paragon Estates P.U.M
DATE: November 15, 2011 Rk-
STAFF: Ted Shepard -
Items Relating to the Leistikow Annexation and Zoning.
A. Second Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow Annexation to the
City of Fort Collins. y E J S N 0 1 ( 0 H (- f e �I)
B. Hearing and First Reading of Ordinance No. 154, 2011, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Leistikow Annexation to the City of Fort
Collins. V
EXECUTIVE SUMMARY
Ordinance No. 153, 2011, adopted on First Reading by a vote of 5-1 (nays: Ohlson) annexes the Leistikow parcel.
The parcel is 18.04 acres located east of Timberline Road and south of Trilby Road. The property is a portion of the
Leistikow Amended Minor Residential Division as approved in Larimer County and addressed as 6732 South
Timberline Road. Contiguity with the existing municipal boundary is gained along the entire northern boundary which
is shared with the Westchase P.U.D. The Annexation includes a condition such that if the property develops as a
residential land use, the owner shall request disconnection 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 ten years.
Ordinance No. 154, 2011, will place the property in the U-E, Urban Estate Zone District, in conformance with the City's
Structure Plan Map and the Fossil Creek Reservoir Area Plan.
This annexation request is in conformance with the Colorado Revised Statutes, City of Fort Collins Comprehensive
Plan, Land Use Code and the Intergovernmental Agreement between the City of Fort Collins and Larimer County.
There are no known controversies associated with this annexation.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance No. 153, 2011 on Second Reading and Ordinance No. 154, 2011 on First
Reading.
BOARD / COMMISSION RECOMMENDATION
On November 3, 2011, the Planning and Zoning Board voted unanimously to recommend the Leistikow Annexation
be placed in the UE — Urban Estate Zoning District.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - November 1, 2011
(w/o attachments)
2. Vicinity Map
3. Zoning Map
4. Structure Plan Map
5. Planning and Zoning Board minutes, October 20, 2011 and November 3, 2011
Graphic provided by Applicant at November 1, 2011 Council meeting
Powerpoint presentation