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HomeMy WebLinkAboutLEISTIKOW ANNEXATION & ZONING - ANX110003 - REPORTS - RECOMMENDATION/REPORT (10)Leistikow Annexation and Zoning, #ANX110003 October 20, 2011 P & Z Hearing Page 5 of Latter-day Saints. The ten year time frame has been reviewed and approved by Larimer County. RECOMMENDATION: Staff recommends approval of the Leistikow annexation and requested zoning of U-E, Urban Estate. Staff recommends that this property be included in the Residential Neighborhood Sign District. Staff also recommends that should the property owner seek a residential development, then the owner shall disconnect from the City of Fort Collins so that Larimer County would have the opportunity to implement its Transfer of Density Units Program. Staff recommends that this condition be placed on the Leistikow Annexation for a period of ten years. Leistikow Annexation and Zoning, #ANX110003 October 20, 2011 P & Z Hearing Page 4 The recommended condition of annexation would obligate the developer of a residential subdivision to disconnect from the City. The parcel would then revert to the County's jurisdiction thus enabling implementation of the T.D.U. Program. Under this condition of annexation, the practical effect of the overall intent of the Fossil Creek Reservoir Area Plan is met. The County's T.D.U. Program is calibrated such that the residential density would not exceed the maximum allowable density prescribed in the Urban Estate zone. In order to place a sunset provision on this condition, and in consultation with the Larimer County Planning Department, an effective period of 10 years is recommended. As stated, this would be a voluntary condition and the applicant has indicated that they are aware of the obligations and responsibilities required of full compliance with the Larimer County T.D.U. Program. Staff supports this approach as it would demonstrate the effective working partnership between the City and County over co -jurisdiction of this sub- area. 6. Findings of Fact: 1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 2. 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. 3. The requested U-E, Urban Estate Zoning District, is in conformance with the policies of the City's Comprehensive Plan and the Fossil Creek Reservoir Area Plan. 4. The request is in conformance with the City of Fort Collins Land Use Code. 5.. On September 20, 2011, the City Council approved a resolution 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. 6. The recommended condition of annexation regarding disconnection in the event of residential development has been voluntarily offered by the applicant with the full knowledge and consent of the Church of Jesus Christ Leistikow Annexation and Zoning, #ANX110003 October 20, 2011 P & Z Hearing Page 3 Revised Statutes as they relate to annexations, the City of Fort Collins Land Use Code, and the Larimer County and City of Fort Collins Intergovernmental Agreement. 4. Future Development — Church of Jesus Christ of Latter-day Saints: The Church of Jesus Christ of Latter-day Saints has issued a press release indicating their desire to construct a temple on the property described by this annexation. As noted, the City's Structure Plan Map and the Fossil Creek Reservoir Area Plan both provide guidance that the subject 18.04 acres should be zoned Urban Estate. A Place of Worship is a permitted use in the U-E zone, subject to review by the Planning and Zoning Board. A development review outreach neighborhood meeting was held on September 14, 2011 to discuss the development review process for a future potential submittal of a Project Development Plan for a temple for the Church of Jesus Christ Latter day -Saints. At this meeting, Staff responded to inquiries regarding the annexation and zoning procedure, conformance with State Statues, the I.G.A. with Larimer County, the City's Fossil Creek Reservoir Area Plan and the Land Use Code. Staff continues to emphasize to all interested parties that the annexation and development of land are two distinct processes, each governed by their own set of standards and regulations. For example, concerns about traffic on adjacent streets are a land development issue best addressed at the Project Development Plan stage, not at the annexation and zoning stage. There will be opportunities for citizen input on land development issues at the future neighborhood information meetings that will be scheduled prior to a submittal for a Project Development Plan. 5. Voluntary Condition of Annexation — Larimer Co. Transfer of Density Units: The Larimer County Planning Department is aware that the annexation of land zoned residential within the Fossil Creek Area Reservoir Plan, and contemplated for a non- residential land use (Place of Worship), would conform to both existing County (FA-1) and proposed City (U-E) zoning. Larimer County supports the annexation and the proposed Place of Worship. But, Larimer County would be concerned if, after annexation, the subject parcel were to instead develop as a residential subdivision. If such were the case, then the County would be prevented from implementing their Transfer of Density Units (T.D.U.) Program, a key element of the Fossil Creek Reservoir Area Plan, jointly adopted by both the City of Fort Collins and Larimer County. The applicant and the L.D.S. Church have offered to the City a voluntary condition of annexation in the event that the property should develop as a residential subdivision. The purpose of such a condition would be to ensure the implementation of the County's T.D.U. Program. Leistikow Annexation and Zoning, #ANX110003 October 20, 2011 P & Z Hearing Page 2 EXECUTIVE SUMMARY: 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 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. 1. Background: 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 M.R.D. S: FA-1; (Larimer County) Leistikow Amended M.R.D. W: FA-1; (Larimer County) Paragon Estates P.U.D. Leistikow Minor Residential Division was approved in 1992, consisted of 37.5 acres and allowed the creation of four lots, all of which exceeded the required minimum of 2.29 acres per Larimer County zoning of FA-1, Farming. This M.R.D. was amended in September of 2011 and reduced the number of lots from four to three. The subject annexation, consisting of 18.04 acres, is equivalent to Lot Two of the Leistikow Amended M.R.D. 2. Fossil Creek Reservoir Area Plan: The parcel is located within the Fossil Creek Reservoir Area Plan, jointly adopted by the City of Fort Collins and Larimer County in 1998. According to the Land Use Framework Plan, the subject parcel should be placed into the Urban Estate zone district. The proposed zoning of Urban Estate complies with the applicable sub area plan. 3. Urban Estate Zone District: The requested zoning for this annexation is the U-E, Urban Estate. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The request is in conformance with the State of Colorado City of Fort Collins OGi cad, 40-411 i i EM NO `Y MEETING DATE to -"-11 STAFF ✓-A PLANNING & ZONING BOARD :7N G 5e PROJECT: Leistikow Annexation amd Zering; #ANX110003 APPLICANTS: Mr. and Mrs. Wayne and Janice Leistikow 6732 South Timberline Road Fort Collins, CO. 80528 OWNERS: Same PROJECT DESCRIPTION: This is a request to annex and zone 18.04 acres located east of Timberline Road and south of Trilby Road. The property is a portion of the Leistikow Minor Residential Division as approved in Larimer County and addressed as 6732 South Timberline Road. The entire abutting segment of street right-of-way for Timberline Road is included in the annexation boundary. This is a 100% voluntary annexation. The property is partially developed with one house and currently zoned FA-1, Farming in Larimer County. In accordance with the City Plan's Structure Plan Map and the Fossil Creek Reservoir Area Plan, the requested zoning for this annexation is U-E, Urban Estate. The surrounding properties are currently zoned L-M-N, Low Density Mixed -Use Neighborhood and U-E to the north (Westchase P.U.D.) and FA-1, Farming in the Larimer County to the east and south. RECOMMENDATION: Staff recommends approval of the annexation and recommends that the property be placed in the U-E, Urban Estate Zoning District. Staff recommends that this property be included in the Residential Neighborhood Sign District. Staff also recommends a condition of annexation such 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. 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