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HomeMy WebLinkAboutRIVERWALK ANNEXATION & ZONING - FIRST READING - 27-09 - REPORTS - RECOMMENDATION/REPORTPlanning & 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: Apartments 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, located on 13.6 acres. A 4,500 square foot two-story clubhouse with pool is also included along with eight mixed -use dwelling units. The site is located north of Rock Creek rive, between Lady Moon Drive on the west and Cinquefoil Lane on the East. The ite ' zoned H-C, Harmony Corridor. A Modification of Standard to Section 3.5. ) ) — Relationship of Dwellings to Streets and Parking / Orientation to a Co cting Walkway — is proposed for Buildings 7, 8, 9 and 10. / Recommendation: Approval of the Modification of Sta\dard and the P.D.P. Hearing Testimony, Written Comments and Other Evidenc Senior City Planner Ted Shepard said the Apartments at Presidi foject Development Plan, multi- family and mixed -use dwelling units'are permitted within the Basic dustrial Non -Retail Employment Activity Center of the Harmony C ridor. The P.D.P. complies with t &,applicable standards of the H.C.P. and the H-C zone. Furter, the P.D.P. complies with the appli ble General Development Standards with one exceptio . A Modification of Standard to Section 3. (C) (1) (2) is recommended to allow the two entrances owSuilding Eight building to be located greater th�i 200 feet from a public sidewalk and to allow Buildings 7, 8, 9 and 10 to have entrances that do notface the street as a design consideration resulting from neighborhood input. i y 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'h 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 _e two modifications of standard Section 3.2.2(D)(3)(c ) and Sectio �.6(D). ember Campana second d� the motion. Deputy City Attorney Eckman-said_that the motion is not indicati the Board's normal practice of voting separately on the modification ere's not ispute among the Board members, he thinks we'll be alright. We have had problems shtho 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 origins ad concerns about the gravel surface modificatimbyt he understands the practical hards at is created by the property so he's okay with it as proposed: The motion passed 7:0. 'e 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. Hearinq 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 City of sort Collins Proposed Zoning Riverwalk Annex ® Harmony Corridor Public Open Lands = Urban Estate .yam-;. 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Scale 1:8.600 Printed: SxpfemDer29.200< CITY OF FORT COLLINS --— ZONING Riverwalk Annexation m Legend ID Annex bw Sde City Zoning StreeM harmony Comdc ® Growth Maragro. mt Arm ® Low 0"my Mixed-JW Ne,gnborh000 0 Neighbomood Commer d �Ublk Open LandS 7-7 utm Estate ATTACHMENT 3 FoN Cothns 1 inch = 800 feet 0 270 540 1,080 1,620 2,160 Feet ATTACHMENT 2 f`iC Ws 1- — - m iML .. KECHTrR RD, i E Legend Annexation Site Structure Plan Lour Density Mixed•Use Neghborhootls —••— City Limits Land Use Rural Lands Enhancetl 7ravel_Corndors Commercial Corridor District Community Separator Major_Lakes Employment District Open Lands, Parks and Stream Corntlors Streams Urban Estate M lowdre River -f '1 CITY OF FORT COLLINS STRUCTURE PLAN NTY ROAD 38 0 aaVr sty cn 3 iU& 1 inch = 1,000 feet 0 275 550 1,100 1,650 2.200 Fe Printed 4,29 '00 ATT Harmony Rd. j Le Fever Dr. .. o �, Precision Dr. -o rt v -- rn -D Steelhead St. o m I m � 0 0 Rock Creek Dr. z � Gam. o Sky .� Q) o Gazer Ln. Qa� Dr. c: c U Dr. U? Observatory Dr. 3 V! L O ^o) VJ g`gDipper Dr m ti\e Dipper Dr t _.._..� O KePie"O `m { oon Dr_ o I Z ! clipse Ln. Cosmos Ln. { - Kechter Rd. Wild Elm Way Oak Shadow Way Northern) '>y O d a r Legend EDC..tyL-trots ®Anre.JIMI JA,= = Parcels Proposed Annexation Site E County Rd. 36 Riverwalk Annexation Vicinity Map N 1 inch = 800 feet VV+E 0 325 550 t.K0 t 9W 2o:i� ```S��� Fee; Printed: 9129/09 October 6, 2009 -7- Item No. 21 J 3. The Board voted 7 — 0 to recommend placement of the southerly 126 acres into the P-O-L, Public Open Lands zone district. ATTACHMENTS 1. Vicinity Map 2. Structure Plan Map 3. City of Fort Collins Zoning Map 4. Two Proposed Zone Districts 5. Planning and Zoning Board minutes, September 17, 2009 6. Powerpoint presentation October 6, 2009 -6- Item No. 21 Compliance with State Law The annexation has 31.33% of its perimeter boundary contiguous with existing City limits which exceeds the required one -sixth 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. Findings of Fact/Conclusion In evaluating the request for the Riverwalk Annexation and Zoning, staff makes the following findings of fact: 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. 2. The parcel meets all criteria included in state law to qualify for annexation by the City of Fort Collins. 3. The two requested zone districts, T, Transition, and P-O-L, Public Open Lands, are in conformance with the City's Comprehensive Plan (Harmony Corridor Plan) and the City Structure Plan Map. 4. The Planning and Zoning Board recommends the parcel be placed within the Residential Neighborhood Sign District. 5. On August 18, 2009, City Council adopted Resolution 2009-080, which accepted the annexation petition and determined that the petition is in compliance with State law. Planning and Zoning Board Recommendation On September 17, 2009, the Planning and Zoning Board took the following action: The Board voted 7 - 0 to recommend annexation into the municipal boundary and inclusion into the Residential Sign District. 2. The Board voted 7 — 0 to recommend placement of the northerly 139.65 acres into the T, Transition zone district, subject to the following zoning condition: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth - moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property, as well as the addition, stockpiling and grading of fill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. 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 Land Use Code. October 6, 2009 -5- Item No. 21 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, Arapaho 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 Arapaho 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 I-25 will mitigate the urbanization expected at the major interchanges. Structure Plan and Harmony Corridor Plan The Structure Plan Map indicates three designations: "Employment" in the northwest quarter "Poudre River" in the northeast quarter "Rural Lands" in the southern one-half. The parcel is also contained within the boundary of the Harmony Corridor Plan and designated as "Basic Industrial and Non -Retail Employment Activity Center." The proposed zoning on the northerly 139.65 acres, T, Transition, acknowledges that further planning efforts are warranted in order to place this area into an ultimate zone district. Until such time, a Structure Plan amendment is not needed.. The proposed zoning on the southerly 126 acres, P-O-L, Public Open Lands, is consistent with the "Rural Lands" Structure Plan designation. For example, the purpose of the Rural Lands zone district is as follows: "The Rural Lands District is intended for privately owned lands that are planned as rural edge to the community. Rural lands include but are not limited to community separators, clustered residential development, large lot residential, agriculture, natural area buffers and corridors and other open land o similar character and purpose." The two proposed zone districts, at this time, are consistent with the Structure Plan Map. October 6, 2009 -4- Item No. 21 Transitional zone would need to be added as an allowable use as a condition of zoning. Staff, therefore, recommends the following condition of zoning: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth -moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property, as well as the addition, stockpiling and grading of fill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. 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 Land Use Code. 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. 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 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: • 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. • They can supplement effluent discharges from wastewater treatment facilities. • They can add to minimum stream flows in the Poudre River. October 6, 2009 -3- Item No. 21 W: City — Harmony Corridor W: City —Urban Estate W: County — Farming Residential Neighborhood Sign District Morningside Townhomes Sunrise Ridge and Old Oak Estates Existing large -lot residential Staff is recommending placement into the Residential Neighborhood Sign District. This is particularly appropriate for the southerly 126 acres. For the northerly 139.65 acres, however, this designation is appropriate for the T, Transition zone. Future re -zoning into an ultimate zone district will be the result of additional planning activity and any reconsideration out of the Residential Neighborhood Sign District may be made at that time. 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. Condition of Zoning to Allow Earth Work in the T Zone Section 2.9.4(1) of the Land Use Code 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 on the northerly portion. This basically involves recontouring 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 I00-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 October 6, 2009 -2- Item No. 21 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 BACKGROUND The applicants and property owners have submitted a written petition requesting annexation of 265.65 acres located generally at the southwest quadrant of Interstate 25 and East Harmony Road. The property is a former gravel extraction operation and undeveloped. The property is located within the Growth Management Area. According to the policies and agreements between the City of Fort Collins and Larimer County contained in the amended Intergovernmental Agreement for the City of Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. According to the IGA, 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." Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapaho 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 IGA 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 adopted Resolution 2009-080, which accepted the annexation petition and established that the petition is in compliance with state statutes. The surrounding zoning and land uses are as follows: N: City — Public Open Lands Arapaho Bend Natural Area N: County — Commercial Transit Center and Commercial S: County — Farming Vacant S: .County — Commercial Recreation and Event Center E: County — Farming Active gravel extraction AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT Items Relating to the Riverwalk Annexation and Zoning. ITEM NUMBER: 21 DATE: October 6; 2009 STAFF: Ted Shepard RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY A. Resolution 2009-096 Setting Forth Findings of Fact and Determinations Regarding the Riverwalk Annexation. 7 — o B. Hearing and First Reading of Ordinance No. 099, 2009, Annexing Property Known as the Riverwalk Annexation to the City. 7 -o C. Hearing and First Reading of Ordinance No. 100, 2009, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverwalk Annexation to the City. ' , - 0.. This is a request to annex and zone 265.65 acres generally located at the southwest quadrant of Interstate 25 and East Harmony Road. The site is bounded by I-25 on the east, Harmony Road on the north, the Fossil Creek Reservoir Inlet Ditch on the west and Kechter Road on the south. Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapaho 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 Annexation. The property is mostly a former gravel extraction operation and zoned FA-1, Farming District in Larimer County. The requested zoning is T, Transition for the northerly 139.65 acres and P-O-L, Public Open Lands for the southerly 126 acres. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, The City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreements, and the City of Fort Collins Land Use Code. There are no issues or known controversies with this annexation.