HomeMy WebLinkAboutRIVERWALK ANNEXATION & ZONING - 27-09 - DECISION - MINUTES/NOTESPlanning & Zoning Board
September 17, 2009
Page 10
And approval of zoning of the southerly 126 acres into the P-O-L, Public Open Land Zone as well
as placement of both zone districts into the Residential Neighborhood Sign District based on the
findings of fact/conclusion listed (A-F) on page 6 of the revised staff report.
A. The annexation of this parcel is consistent with the policies and agreements between
Larimer County and the City of Fort Collins, as contained in the amended
INTERGOVERNMENTAL AGREEMENT — GROWTH MANAGEMENT AREA.
B. The parcel meets all criteria included in State law to qualify for annexation by the City
of Fort Collins.
C. The requested zone districts, T, Transition, and P-O-L, Public Open Land, comply have
been mutually decided upon the applicants and the City of Fort Collins.
D. The Transition zone allows the owners and the City of Fort Collins to evaluate a variety
of land development options in order to make an informed decision on a future zone
district(s)_ The P-O-L zone allows for reclamation of a former gravel pit to be
converted to water storage and open space.
E. Section 2.9.4(I) allows the City to add conditions of zoning.
F. Staff recommends a condition of zoning to allow earth work activities that exceed the
requirements of the State of Colorado for gravel pit reclamation, but subject to Project
Development Plan.
G. Staff recommends both zone districts be placed within the Residential Neighborhood
Sign District.
H. On August 18, 2009, City Council passed a Resolution which accepted the annexation
petition and determined that the petition is in compliance with State law. First
Reading of the Ordinances related to the annexation and zoning of the parcel are
scheduled with City Council on October 6, 2009.
Member Lingle seconded the motion. The motion passed 7:0.
Project: Apartmets at Presidio Project Development Plan, # 25-09
Project Description: This is a request for 240 multi -family dwellings units divided among ten three-story
buildings, locate on 13.6 acres. A 4,500 square foot two-story clubhouse with
pool is also includ atang with eight mixed -use dwelling units. The site is located
north of Rock Cree\ite
een Lady Moon Drive on the west and Cinquefoil
Lane on the East. ned H-C, Harmony Corridor. A Modification of
Standard to Section) — Relationship of Dwellings to Streets and
Parking / Orientatiocting Walkway — is proposed for Buildings 7, 8, 9
and 10.
Recommendation: Approval of the Modification of Stand2rd and the P.D.P.
Senior City Planner Ted Shepard sai the Apartments at Presidi6Project Development Plan, multi-
family and mixed -use dwelling unit are permitted within the Basic'1pdustrial Non -Retail Employment
Activity Center of the Harmony Cofridor. The P.D.P. complies with the applicable standards of the
H.C.P. and the H-C zone. l er, the P.D.P. complies with the appli\dRble General Development
Standards with one exceptio A Modification of Standard tc Section 3.4»2(C) (1) (2) is recommended to
allow the two entrances orySuilding Eight building to be located greater th 200 feet from a public
sidewalk and to allow Buildings 7, 8, 9 and 10 to have entrances that do not, ce the street as a design
consideration resulting from neighborhood input.
a` �
Planning & Zoning Board
September 17, 2009
Page 9
Board Questions:
Member Lingle asked if LaFarge is the holder of the current reclamation permit. Ms. Johnson said that
currently they are but they are in transition and by the end of next week, the property owner (Stoner) will
hold that reclamation permit.
Member Lingle asked Stoner if there is a time limit established by the State of Colorado on that permit.
Stoner said he wasn't sure if he had an answer to that question. What he does know is they've applied
to become the successor operator (taking over Lafarge's responsibility) and replace their bond with
theirs. Their plan, using TST Engineering, is to submit a revised reclamation plan (aka the development
plan). The Bureau of Reclamation does not have jurisdiction nor do they care to monitor developments.
Their mission is to make sure that reclamation plans are in compliance. He said when annexed, the City
would be the jurisdiction to ensure they meet their requirements. Stoner is not sure if there is a time limit
on the reclamation permit. When the work is completed to the Bureau's satisfaction, they will sign off
and release the bond.
Chair Schmidt asked when they take over as the successor operator if they accept Lafarge's plan until
the new development plan gets approved. Stoner said correct. She asked if he'd be submitting his PDP
before that goes to the State. Stoner said they'd be submitting simultaneously —the same plan would go
to Fort Collins staff and to the State Bureau of Reclamation.
Member Lingle said at the work session there was some discussion about whether they should approve
an "open-ended" grading plan where there could be dust generation, etc. for an indefinite period of time.
Lingle asked if anything were to exceed the requirements of the reclamation would it be subject to the
standard PDP timeline. Shepard said correct. Lingle said the "part ahead of that" could take six months
or 5 years if the State has no time restrictions. Shepard said he cannot speak for the State but maybe
Anne Johnson of LaFarge can.
Anne Johnson said generally state permits are open-ended and the end target really is in the hands of
the end user. She knows Mr. Stoner has been working very closing with the State Division of Mining,
Reclamation, and Safety. They are aware of end plans but the timing would be something the Board
could work out with him. The State guidelines want to see progress and reclamation made within a five
year timeframe. Often times, depending on extenuating circumstances such as weather or acts of God,
a site cannot be reclaimed within a five year period and the State does recognize when it's beyond an
operator's control.
Member Campana asked if Mr. Stoner was okay with the revisions to the condition. Shepard said yes.
Member Campana made a motion to approve the annexation of Riverwalk with approval of zoning
of the northerly 139.65 acres into the T, Transition Zone with the modified condition shown on
page 7 of the revised staff report:
The placement into the Transition zone shall restrict the uses on the property as
prescribed in Section 4.12 of the Land Use Code. Notwithstanding the aforementioned
restrictions, however, the parcel of land zoned Transition shall be allowed to conduct
earth -moving activities that are necessary to complete the terms and conditions of the
State of Colorado Mined Land Reclamation Board and shall be allowed to add fill dirt,
stockpile and grade said fill dirt in order to establish the necessary grades for future
development Any earth work activity that exceeds the requirements for gravel pit
reclamation is subject to submittal, review and approval of a Project Development Plan
subject to review by the Planning and Zoning Board in accordance with the rules and
regulations of the Land Use Code.
Planning & Zoning Board
September 17, 2009
Page 8
loss. In addition to reclamation work, the Riverwalk developer would like to conduct over lot grading in
order to create developable ground that is out of the 100-year floodway and floodplain. There would be
significant cost efficiency if the over lot grading could be done in conjunction with the gravel pit
reclamation work.
Staff supports the continuation of the reclamation work. Further, Staff would support a Project
Development Plan application that describes the extent of the earth work necessary to create the
developable parcels. Since the Transition zone does not allow new earth work, such work under the
Transitional zone would need to be added as an allowable use as a condition of zoning.
Staff recommends that the Riverwalk Annexation be approved and that the northerly 139.65 acres parcel
be placed into the T, Transition zone and that the southerly 126 acres be placed into the P-O-L, Public
Open Land zone. In addition, staff recommends both zone districts be placed within the Residential
Neighborhood Sign District. Further, staff recommends the following condition of zoning:
The placement into the Transition zone shall restrict the uses on the property as prescribed in
Section 4.12 of the Land Use Code. Notwithstanding the aforementioned restrictions, however,
the parcel of land zoned Transition shall be allowed to conduct earth -moving activities that are
necessary to complete the terms and conditions of the State of Colorado Mined Land
Reclamation Board and shall be allowed to add fill dirt, stockpile and grade said fill dirt in order to
establish the necessary grades for future development. Any earth work activity that exceeds the
requirements for gravel pit reclamation is subject to approval of a Project Development Plan by
the Planning and Zoning Board as a Type 2 review in accordance with the rules and regulations
of the Land Use Code.
Jay Stoner, 605 S. College, Fort Collins said what they are proposing is a modified version of Riverwalk
where the City would be purchasing a reservoir on the south half (126 acres of Public Open Lands) for a
2,000 acre foot "bowl". They are pleased they were able to successfully negotiate a win -win agreement.
It'll make interesting trails and open space and a nice connection to the Eagle View Open Space to the
south.
The development proposal they are looking at is a very transit oriented urban -dense type development.
Considering growth to the community and the Northern Colorado region, Harmony and 1-25 is and will
continue to gain importance as a transit hub offering connections to Mason Street Corridor and other
transit corridors. They'd like to develop it as a high density, mixed use, affordable housing site where you
wouldn't need a car. You could walk, bike, or use public transportation to get to anything you'd need —
the "20 minute lifestyle". They'll have more later on "gateway zoning" and "green" efforts and making a
beautiful first impression for people exiting 1-25 at Harmony.
Chair Schmidt said the Board is aware he's put a lot of planning and thought into this development
already. They'd like the opportunity to give a little more input when the time is appropriate with regard to
the earth moving plan and how it'll fit into the final design. Stoner agreed that when the Project
Development Plan is submitted, they'll discuss all other aspects at greater detail.
Public Input:
Anne Johnson is the Land Manager for LaFarge North America, 1141 Business Park Circle, Longmont.
On September 15°i she said the Board would have received a letter requesting a continuance. The
property owner and LaFarge are working to resolve some issues and she is present today, on behalf of
LaFarge, to say they are fine with the project proceeding to City Council.
Public Input Closed
Planning & Zoning Board
September 17, 2009
Page 7
Inclu i the two modifications of standard Section 3.2.2(D)(3)(c ) and Section-3,8.6(D).' Member
Campana seconded the motion.
Deputy City Attorney Eckman' that the motion is not indica�ti* e the Board's normal practice of
voting separately on the modification there's not a spute among the Board members, he thinks
we'll be alright. We have had problems sho modification not be approved and then Council would
be confused if it went to them on appea this case ould work if all Board members are in
agreement.
Member Lingle origina ad concerns about the gravel surface modificati ut he understands the
practical hardship�that is created by the property so he's okay with it as proposed.
The tion passed 7:0.
Project: Riverwalk Annexation and Zoning, # 27-09
Project Description: This is a request to annex and zone an assemblage of land totaling 265.65 acres.
The site Is referred to as Riverwalk and located between Harmony Road on the
north, 1-25 on the east, Kechter Road on the south and the Fossil Creek Reservoir
Inlet Ditch on the west. Contiguity with the existing municipal boundary is gained
along a portion of the northern boundary which is shared with the Arapahoe Bend
Second Annexation and a portion of the west boundary which is shared with the
Stute Annexation Number Three, the Brookfield Annexation and the Sunrise Ridge
First and Second Annexations.
Recommendation: Approval of the Annexation, Approval of Zoning the Northerly 139.65 acres into the
T, Transition Zone with a condition, Approval of Zoning the southerly 126 acres
into the P-O-L, Public Open Land Zone; Placement of both zone districts into the
Residential Neighborhood Sign District.
Hearing Testimony Written Comments and Other Evidence
Senior City Planner Ted Shepard said this is a 100% voluntary annexation for a property located within
the Growth Management Area. The property satisfies the requirement that no less than one -sixth of the
perimeter boundary be contiguous to the existing City boundary. The condition on the zoning would be
to allow stockpiling, gravel pit reclamation and over lot grading as a permitted use in the Transition zone.
Dividing the annexation into two zone districts is by mutual consent among the owners and the City of
Fort Collins. Staff also recommends both zone districts be placed within the Residential Neighborhood
Sign District. The Initiating Resolution was considered by City Council on August 18, 2009 and
approved. The item is scheduled for first reading by City Council on October 6, 2009.
Section 2.9.4(I) allows the City to add conditions to a zoning request. The site is currently in the County
and the owners are operating under a State permit to reclaim the former gravel pit. This basically
involves re -contouring the site and restoring the ground cover in accordance with the standards of the
State Mined Land Reclamation Board. If a permanent water body is created, then it must be certified by
the State Engineer and properly augmented with sufficient water rights to compensate for evaporation
Planning & Zoning Board
September 17, 2009
Page 2
Member Lingle moved to approve the consent agenda which includes item # 1 August 20, 2009
Planning and Zoning Board Hearing minutes and Item # 2 Inverness Innovations Park Overall
Development Plan, #30-09. Member Campana seconded the motion.
The motion was approved 7:0.
Discussion Items:
3. Crossroads Safehouse Project Development Plan, #18-09
4. Riverwalk Annexation and Zoning, # 27-09
5. Apartments at Presidio Project Development Plan, # 25-09
Project: Crossroads Safehouse Project Development Plan (PDP), # 18-09
Project Description: This is a request to change the use and remodel the existing building at 421
Parker Street from a long term care facility to a shelter for victims of domestic
violence for more than 15 residents. Crossroads Safehouse would house up to 75
residents. The one-story building contains 27,000 square feet; the parcel is 2.14
acres in size and located at the southwest corner of Whedbee Street and Parker
Street. The P.D.P. includes two Requests for Modification. One is to allow gravel
as the surface of the existing parking lot and the second is to allow less than the
minimum required separation from another group home. The zoning is Low
Density Mixed -Use Neighborhood, L-M-N.
Recommendation: Approval of the two Modifications and Approval of the P.D.P.
Hearing Testimony, Written Comments and Other Evidence
Senior City Planner Ted Shepard reported this P.D.P. represents a change of use and conversion of an
existing building that will be significantly upgraded. The P.D.P. complies with the applicable criteria of
the L-M-N zone and the General Development Standards with two exceptions.
One standard at issue: "Pavement. All open off-street parking and vehicular use areas shall be surfaced
with asphalt, concrete or other material in conformance with city specifications." The existing parking lot
is surfaced in gravel. Crossroads Safehouse would like to retain the gravel surface. The applicant
contends that Crossroads Safehouse will have a significantly fewer number of employees than
Columbine Nursing Home. For example, Columbine had approximately 100 employees rotating among
three shifts. Crossroads anticipates only 15 — 20 vehicles divided among staff, interns and volunteers.
Only two or three employees will be on the overnight shift.
There have been no neighborhood complaints regarding the existing gravel surface. Crossroads
Safehouse will construct security gates so that the parking lot is not accessible to the general public or
visitors. Further, re -paving with a hard surface would trigger the requirement for additional stormwater
detention and water quality treatment as per the requirements of the Stormwater Utility.
Staff finds that the use of gravel as the parking lot surface would not result in any detrimental impacts.
Further, the Modification to Section 3.2.2(D) (3) (c) satisfies the criteria of Section 2.8.2(H) in that:
The granting of this Modification would, without impairing the intent and purpose of the Land Use
Code, substantially alleviate an existing, defined and described problem of city-wide concern or
would result in a substantial benefit to the city by reason of the fact that the proposed project
Chair Schmidt called the meeting to order at 6:01 p.m.
Roll Call: Campana, Carpenter, Lingle, Rollins, Schmidt, Smith, and Stockover
Staff Present: Dush, Eckman, Shepard, and Sanchez -Sprague
Agenda Review. Director Dush reviewed the agenda and noted that staff had recommended item # 3
Crossroads Safehouse Project Development Plan, #18-09 be moved to the discussion agenda
Community Development & Neighborhood Services Reorganization:
Planning, Development and Transportation Services Director Jeff Schieck provided an overview of the
City's 2009 General Fund Budget and its impact on the Planning, Development and Transportation
(PDT) service area. In PDT there been a reduction of $7,975,000 (personnel savings (frozen positions),
reduction of support to other funds, reduction in spending, reduction in pavement management).
In 2010/2011, the City Manager's Recommended Budget recommends maintaining funding levels for
Police and Fire Services, maintaining funding/new funding for key environmental and economic
programs, and continuing to focus on improving traffic flow and traffic congestion. Work continues to
"Resource our Future" with continued improvements for an efficient city government and an economic
action plan. In PDT, the strategy for improving efficiency/containing costs is to reorganize with the
creation of the Community Development and Neighborhood Services Department. Steve Dush will be
the Director adding Building Services, Neighborhood Services, Development Review Engineering and
Historic Preservation divisions to his responsibilities. Other changes being made is the combination of
Advance and Transportation Planning so land use and transportation planning are under one
department. Parking Services will be moved to Traffic Operations. Streets Pavement group will be
moved to the Streets Department. Jeff has done away with the Transportation Director position (Mark
Jackson). Mark will have a new role of helping Jeff coordinate PDT budget and communications. Jeff's
intent beyond cost savings is to have a focused, collective like services efforts, and improved
efficiencies. He thanked the Board for their time and asked if there were any questions.
Chair Schmidt thanked him for the information and asked if the change recommendations had already
gone to City Council. Jeff said the change will take effect October 1 so it is not a part of the City's budget
recommendation to City Council. Reductions in staff are part of the City Manager's Recommended
Budget.
Citizen participation:
None
Consent Agenda:
Chair Schmidt asked members of the audience and the Board if they'd like to pull any items from the
consent agenda. No items were pulled.
1. Minutes from the August 20, 2009 Planning & Zoning Hearing
2. Inverness Innovation Park Overall Development Plan, # 30-09