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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 No Text ATTACHMENT 9fiFit r.r �" 4 Annexation i A City of Fort Collins Zoning Map 1 Leistikow An nexai Site Vicinity & Context Map P. ' Y- _�' r .A; .fin r�l�;l�� W. .46 A 1M Larimer Court Zoned-FA-1 Leistikow Reside ' i 'Annexation Larimer Count' 18.03 ACRES - - Zoned.. F ,1/PUD Zoned UE Leistikow Rural Resident ' MRD-Coun Larimer Count _. Zoned FA-1 Zoned FA-1 Rural Residential Larimer County a Zoned FA-1 ion Larimer County Zoned FA-1 AWOP FOSSIL CREEK RESERVOIR FOSSIL CREEK RESERVOIR 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