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HomeMy WebLinkAboutGATEWAY (1ST, 2ND & 3RD) ANNEXATION & ZONING - 35-08, 35-08A, 35-08B - DECISION - MINUTES/NOTESPlanning & Zoning Board November 20, 2008 Page 5 Fort Collins or the Town of Timnath. So the annexation of all of this property has a dual purpose. Obviously the natural area, being within the GMA, should be in the city limits and it's being re - annexed in order to accomplish that. It's being accompanied by rights -of -way. Roy said the bigger picture here is the competing annexations of portions of this annexation between the Town of Timnath and the City of Fort Collins. As he said, part of that will be determined by an election. It's also all going to be the subject of mediation that Timnath has agreed to and which Fort Collins has requested. This response by Fort Collins to the Timnath annexation was prompted by Fort Collins concern that the Riverwalk annexation is within the Fort Collins GMA. All of the issues underlying these competing annexations will be addressed and resolved through the mediation that would be undertaken by the two communities. Stoner asked about the conflicting annexations being resolved by election. Who votes in the election? Roy said he'd first like to say that the Town of Timnath is represented by counsel, so as the City Attorney for Fort Collins, he's giving his opinion on all of these issues with the understanding that Timnath and its town counsel may or may not agree with them. In response to Stoner's question, he then stated that the State annexation laws provide that the owners of the property that is claimed by both municipalities vote in the election. End of Public Input Board Questions: None. Chair Schmidt noted the Board's questions had been addressed in their work session last Friday. Motion: Member Stockover moved to recommend to City Council the approval of Gateway First, Second and Third Annexations, # 35-08, 35-08A and 35-08B and that the requested zoning is POL (Public Open Lands) district. In support of his motion he adopts the Findings of Fact and Conclusions as contained on page 3 of the staff report. Member Wetzler seconded the motion. The motion was approved 6:0. Project: Prospect South Existing Conditions Survey Results & Urban Renewal Plan Project Description: Colorado Revised Statutes 31-25-107(2) requires the City Council to formally submit the Prospect South Urban Renewal Plan to the Planning and Zoning Board for its review and recommendation as to the Urban Renewal Plan's conformity with City Plan, the City's Comprehensive Plan. The Planning and Zoning Board needs to submit a written recommendation to the City Council. Recommendation: Approval Hearina Testimonv. Written Comments and Other Evidence Staff presentation: City Planner Christina Vincent reported the study area is approximately 69 acres with 93 parcels of private property, including the public right-of-way and railroad ROW (right-of-way) parcels. The City of Planning & Zoning Board November 20, 2008 Page 3 Welch said with an operating gravel pit and an asphalt plant that will be on adjacent property for ten to fifteen years; what does this do that the owner needs to be concerned about? Also whenever he's viewed the City's Growth Management Area (GMA) Welch said, it all seemed to stop west of 1-25 not the east right-of-way. Waido said that is not true, the City's GMA boundary is the dark area on the map displayed on the overhead projection screen and it shows inclusion of the 1-25 east right-of-way. Chair Schmidt said she's presuming the properties that Mr. Welch is concerned about are not in the City's GMA. At this present time, this annexation would not really impact their properties. Welch asked what about access control issues into that area —historic use, use by rights, etc. on the interstate system. Welch asked if we were telling him that Fort Collins does not have the ability to control, manage or change any of the existing agreements. Waido said correct; access is a function of what the State Highway Department would permit off of their frontage roads. Welch asked if there were changes to the use on that property, would there be a need to go to the City of Fort Collins and would impact fees be applied. Waido said there are state laws that require the County to refer any development proposal within two miles of the City limits for review and comment so the City would have the opportunity to comment if there would be any development plans for this property. Welch asked if they operate in unincorporated Larimer County and now have their access points into annexed land in Fort Collins, will they have fees or tariffs applied. Waido said the City collects fees at the time a building permit is issued. Since the property would not be obtaining a building permit for a development outside the city limits, there would be no mechanism to collect impact fees. Deputy City Attorney Paul Eckman said with regard to access control plans, he didn't know if there is an access control plan for that frontage road between CDOT (Colorado Department of Transportation) and Larimer County. Welch said no --they basically have historic access because of its prior use as a farm field. Eckman said if there is no existing access plan, should it come into the city than it would continue the same unless CDOT said there needs to be an access control plan. Then it would be between CDOT and the City. He would think there would be a chance for input by affected parties. Welch asked if the City decided it wanted their property in the GMA what would that process be. Waido said the IGA between the City and Larimer County requires a joint action by both bodies to make any amendments to a GMA boundary. Welch asked how the landowner participates in that process. Waido said it's a public review process --the Planning & Zoning Board conducts a public hearing; the Larimer County Planning Commission conducts public hearings and elected officials (Larimer County Commissions and City Council) would conduct public hearings. Welch asked if Waido would speculate if that would happen. Waido said no, he is not willing to speculate. Eckman added that if a property owner wanted to be in the Fort Collins GMA, they could make that suggestion for consideration. Waido said yes, they could make that request and the process to amend the GMA would be as he just described. Welch said that knowing that their property is in an industrial zone nags on his mind about the adjacent property being open space. He didn't quite understand if there is an alternative zoning designation that is more appropriate to that area. Highway right-of-way does not seem like open space to him. Planning & Zoning Board November 20, 2008 Page 2 Consent Aaenda Member Stockover moved for the approval of the consent agenda that includes item # 1, October 16, 2008 Planning and Zoning Board Hearing minutes and item # 2 Camellia's Project Development Plan, # 27-08. Member Wetzler seconded the motion. The motion was approved 6:0. Project: Gateway First, Second and Third Annexations, # 35-08, 35-08A and 35-08B Project Description: This is a request to annex and zone approximately 256.3 acres known as the Gateway Annexation. The proposed zoning for the annexation is the POL — Public Open Lands, District. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Staff presentation: Senior Planner Ken Waido reported this is a 100% voluntary request to annex approximately 256.3 acres in an area predominately in the northwest corner of Harmony & 1-25. Most of the area is in the Arapahoe Bend Natural Area. Portions of 1-25 are contained in the area to be annexed, including the highway right -of way from about three-quarters (3/4) of a mile north of Harmony Road to about one (1) mile south of Harmony Road. The property will be annexed via three annexations, the Gateway First Annexation, the Gateway Second Annexation, and the Gateway Third Annexation. The Gateway Second and Third Annexations will be considered concurrently which is permitted by the State of Colorado Revised Statutes, which requires that 1/6 of the boundary of each annexation be contiguous to existing city limits. Public Input: William Welch,1224 Twin Oak Court, Fort Collins, represents CWH Properties and Connell Resources which owns the east side of most of the proposed annexations from County Road 36 going north about 2/3 of the way to Harmony Road. He wanted to ask why this is being done and what are the impacts of having a piece of property annexed as public open lands adjacent to an industrial area that's going to be there for quite some time. Waido said they are not annexing any of the property just the 1-25 right-of-way. All the property being annexed is in the City's Growth Management Area boundary and according to the City's agreement with Larimer County will be annexed once a petition is received. The basis for zoning of Public Open Lands (POL) is the City's Comprehensive Plan (aka City Plan). The Structure Plan Map (adopted by City Council) shows the area to be natural areas in part of the Timnath/Windsor/Fort Collins separator. It is true that Timnath has their own plan and they have designated the areas east of 1-25 differently than what the City Structure Plan shows but the basis for the City of Fort Collins's zoning is the Structure Plan. Chair Schmidt commented that last month the Board recommended the annexation of another public open land. At that time the Board was informed the City is going through a series of annexations as a "clean-up" measure so that City public open lands located in the County and become available ((contiguous to city limits) will be annexed per the Larimer County/City of Fort Collins Intergovernmental Agreement (IGA). Chair Schmidt called the meeting to order at 6:00 p.m. Roll Call: Campana, Rollins, Schmidt, Smith, Stockover & Wetzler Excused absence: Lingle Staff Present: Atteberry, Roy, Dush, Eckman, Olt, Waido, Frank, Vincent, Aspen, Langenberger, Richter, Weston, and Sanchez -Sprague Announcements: Introduction of the new Current Planning Director Steven Dush Agenda Review. Interim Director Olt reviewed the Consent and Discussion agenda. Citizen participation: None Move to Executive Session As authorized by City Code Section 2-31 (a) (2), Member Stockover moved to go into executive session for the purpose of meeting with the City Attorney to receive legal advice regarding potential litigation and the manner in which the Board's actions may be affected by existing law. Member Campana seconded the motion. The motion was approved 6:0. Return to regular Hearing at approximately 6:47 p.m. Chair Schmidt asked members of the audience and the Board if they'd like to pull any items from the Consent Agenda. Audience member William Welch asked that Gateway 151 2"d, and 3r' Annexations be pulled from consent. Consent Agenda: 1. Minutes from the October 16, 2008 Planning and Zoning Board Hearing 2 Camellia's Project Development Plan, # 27-08 Discussion Items: 3. Gateway First, Second & Third Annexations, # 35-08, 35-08A & 35-08B 4. Prospect South Existing Conditions Survey Results & Urban Renewal Plan 5. Fort Collins Brewery Project Development Plan, # 32-08 6. 1-25/SH 392 Interchange Project, 1061 Process for CDOT & FHWA