HomeMy WebLinkAboutRIVERWALK ANNEXATION & ZONING - 27-09 - REPORTS - RECOMMENDATION/REPORTRiverwalk Annexation & Zoning, # 27-09
September 17, 2009 Planning and Zoning Hearing
Page 7
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.
Riverwalk Annexation & Zoning, # 27-09
September 17, 2009 Planning and Zoning Hearing
Page 6
6. Findings of Fact/Conclusion:
In evaluating the request for the Riverwalk Annexation and Zoning, Staff makes the
following findings of fact:
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.
F. 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.
RECOMMENDATION:
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:
Riverwalk Annexation & Zoning, # 27-09
September 17, 2009 Planning and Zoning Hearing
Page 5
The City of Fort Collins has entered into purchase contract to acquire the southerly 126
acres for a variety of purposes.
A. Flood Control
Significant portions of the southerly 126 acres are located within both the 100-year
floodway and floodplain as designated by the Flood Insurance Rate Maps of the Federal
Emergency Management Agency. Approximately 80 acres are a former gravel pit and are
undergoing reclamation, or have completed reclamation, under a permit from the State of
Colorado Mined Land Reclamation Board. With sufficient freeboard, reclaimed gravel pits
can serve as effective flood conveyance channels without having to build costly flood
control structures.
B. Water Storage
Development of reclaimed gravel pits as water storage reservoirs can provide the following
benefits:
9 They can serve as sources of raw water for water treatment;
They can be used as compensating reservoirs to accommodate water trades
among various entities;
G They can supplement effluent discharges from wastewater treatment
facilities;
• They can add to minimum stream flows in the Poudre River.
The location downstream of the Drake Water Reclamation Facility is strategic and will
allow the City to meet certain water management objectives and obligations related to the
storage and release of the City's reusable effluent as prescribed by City water rights
decrees. The City of Fort Collins Water Utility Capital Fund has already appropriated
funding for acquisition and development of gravel pit water storage on a regional basis.
The Water Utility expects to gain approximately between 1,500 and 2,000 acre feet of
water storage upon execution of the terms of the purchase contract.
C. Natural Area
Reclaimed gravel mines, and their surrounding dry land, are prime candidates for future
natural areas. Examples of restored gravel pits converted to natural areas include
Riverbend Ponds, Arapahoe Bend and McMurry Ponds. Approximately 48 acres of the
proposed acquisition will be added to the City's natural areas inventory to be restored to
enhance habitat and recreational opportunities. Eagle View natural area is to the south
and Arapahoe Bend natural area is to the north. In the future, all three areas are planned
to be linked by a trail. Finally, an additional 48 acres of open space along 1-25 will mitigate
the urbanization expected at the major interchanges.
Riverwalk Annexation & Zoning, # 27-09
September 17, 2009 Planning and Zoning Hearing
Page 4
4. Condition of Zoning to Allow Reclamation and Overlot Gradina in T Zone:
Section 2.9.4(I) allows the City to add conditions to an 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 loss.
In addition to reclamation work, the Riverwalk developer would like to conduct overlot
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 overlot 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, therefore, 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 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.
5. Zoning — Requested Zoning — Public Open Land:
The southerly 126 acres are proposed to be zoned P-O-L, Public Open Land. The Land
Use Code describes this zone district as follows:
Purpose. The Public Open Lands District is for large publicly owned parks
and open lands which have a community -wide emphasis or other
characteristics which warrant inclusion under this separate designation rather
than inclusion in an adjoining neighborhood or other District designation.
Riverwalk Annexation & Zoning, # 27-09
September 17, 2009 Planning and Zoning Hearing
Page 3
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.
The parcel, therefore, complies with the requirements of the INTERGOVERNMENTAL
AGREEMENT — GROWTH MANAGEMENT AREA and is eligible for annexation.
One of the stated intents of the AGREEMENT is to have urban development occur within
the City in order that the provision of urban level services by the County would be
minimized. This is a 100% voluntary annexation. The parcel is not an enclave. On
August 18, 2009, City Council passed a Resolution which accepted the annexation petition
and established that the petition is in compliance with State statutes.
2. Compliance with State Law:
The annexation has 31.33% of its perimeter boundary contiguous with existing City limits
which exceeds the required one -sixth (16.66%) as mandated by State law. Further, the
parcel is found to have a community of interest with the City and.the parcel is expected to
urbanize shortly.
3. Zoning - Requested Zoning — Transition:
The northerly 139.65 are proposed to be zoned T, Transition. The Land Use Code
describes this zone district as follows:
Purpose. The Transition District is intended for properties for which there are
no specific and immediate plans for development. The only permitted uses
are those existing at the date the property was placed into this District.
The owners have indicated that there are no specific and immediate plans for
development. While in the Transition zone, the owners and the City of Fort Collins can
evaluate various future development scenarios. The owners may at any time petition to
remove the property from the Transition zone and place it in another zone district.
The Transition zone district accomplishes the purpose of annexing the property while
placing the ultimate zoning decision in abeyance.
Riverwalk Annexation & Zoning, # 27-09
September 17, 2009 Planning and Zoning Hearing
Page 2
Council on August 18, 2009 and approved. The item is scheduled for first reading by City
Council on October 6, 2009.
COMMENTS:
Background:
According to the policies and agreements between the City of Fort Collins and Larimer
County, contained in the amended (November 21, 2000) INTERGOVERNMENTAL
AGREEMENTS — GROWTH MANAGEMENT AREA (I.G.A.), the City will agree to
consider for annexation property in the G.M.A. when such property is eligible for
annexation according to State law. According to the I.G.A., as amended:
"it is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in Section
8(B), the City agrees to consider the annexation of any parcel or parcels of land
located within the GMA which are eligible for voluntary annexation pursuant to the
provisions of Title 31, Article 12 Colorado Revised Statutes."
The surrounding zoning and land uses are as follows:
N:
City — Public Open Lands
N:
County — Commercial
S:
County — Farming
S:
County — Commercial
E:
County — Farming
W:
City — Harmony Corridor
W:
City — Urban Estate
W:
County — Farming
Arapahoe Bend Natural Area
Transit Center and Commercial
Vacant
Recreation and Event Center
Active gravel extraction
Morningside Townhomes
Sunrise Ridge and Old Oak Estates
Existing large -lot residential
The general area of the southwest quadrant of 1-25 and Harmony Road was included
within the boundary area of the Harmony Corridor Plan adopted by the City in 1991.
Presently, most of the site is undergoing reclamation as a former gravel extraction
operation. The site presently contains areas designated by F.E.M.A. as both the 100-year
floodplain and floodway.
There are three Urban Estate subdivisions to the west: Sunrise Ridge First and Second
Filings, annexed and zoned between 2005 and 2006; and Old Oak Estates, annexed and
zoned in 2007.
PROJECT: Riverwalk Annexation and Zoning, #27-09
APPLICANTS: Mr. Jay Stoner, et.al.
605 South College Avenue
Fort Collins, CO 80521
OWNERS: Mr. Jay Stoner — On Behalf of 14 Owners by Power of Attorney
605 South College Avenue
Fort Collins, CO 80521
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.
EXECUTIVE SUMMARY:
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 overlot 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