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HomeMy WebLinkAboutINTERCHANGE BUSINESS PARK 1ST - ANNEXATION & ZONING - 35-05 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes September 15, 2005 Page 9 Member Torgerson moved to recommend approval to City Council of Interchange Lands, Second Filing Annexation and Zoning, #35-05A. Member Carpenter seconded the motion. The motion was approved 7-0. Member moved to recommend approval to City Council for Interchange Lands, Third Filing Annexation and Zoning, #35-05B. Member Carpenter seconded the motion. The motion was approved 7-0. %Project: Project Description: Recommendation: Recommendation to City Council to approve chf�r�es to the Land Use Code regarding the definitio of "Family", occupancy restrictions, and cha es to both the Boarding House and Home Occup on regulations. This is a request for a Recom 'ndation to City Council regarding changes the Land Use Code that would be part of a multif eted approach to address occupancy limits and ighborhood quality. Approval Peter Barnes, Zoning Administrator gav�e� the staff presentation. He stated that the package coming before the Board just deait with changes to the Land Use Code. Mr. Barnes reviewed the changes that the Board needed to provide a recommendation on tonight. Change to the definition of "Family". As currently defin�a family is any number of people related by blood, r�rarriage or adoption, or an unre a�d group of not more than three people, or two unrelated adults and their related childrdn if they have any. There is no section in the code that currently deals with the maximum occupancy in a dwelling unit. It is all contained in the definition section of the code. Staff is roposing to simplify the definition of,°family" so it no longer talks about un-relatedness or t two unrelated adults and their related children. A family now is simply an individual living alone, or any number of persons who are related by blood, marriage, adoption, guardianship or other dually authorized custodial relationship living together as a single housekeeping unit and sharing common facilities. Planning and Zoning Board Minutes September 15, 2005 Page 8 PUBLIC INPUT Don Brookshire, 3207 Kittery Court, Fort Collins asked if Waterdale was part of this application. Planner Shepard replied that the Waterdale Annexation which is to the east has been initiated by the City Council and has been to first reading and is not up for consideration tonight. It is awaiting second reading which is scheduled for November 15`h Mr. Brookshire commented that these annexations strike him as a bit odd if we refer back to our previous discussion and the goals of the city. In approving annexations like this in a sense promoting an urban sprawl, whereas City Plan really points towards infill development that projects like this take away from. Wendy Wayker, Avery Park Neighborhood asked if the Board has had input from the Sunflower neighborhood on this item. She asked what kind of impact this will have on them with traffic and noise. Would this be a huge burden on these people who have moved out of the city to get peace and quiet out there. Chairperson Meyer replied that yes, there has been input by the Sunflower neighborhood. Ms. Wayker asked about the impacts on that neighborhood. Planner Shepard replied that an annexation occurs as is. An annexation is not a development plan, it is not granting any additional building permits and an annexation does not create traffic. An annexation is merely an expansion of the corporate municipal boundary that enlarges the jurisdiction of the city of Fort Collins into what is known as the Growth Management Area. That is an area between the city, right outside the city, that we have jurisdiction with Larimer County. If upon annexation and you wake up one day and you are in the city, there should be no new traffic because of the annexation. PUBLIC INPUT CLOSED Member Torgerson recommended approval to City Council of Interchange Lands, First Filing Annexation and Zoning, #35-05. Member Carpenter seconded the motion. The motion was approved 7-0. Planning and Zoning Board Minutes September 15, 2005 Page 7 -G0t ber Stockover would be supporting the denial, but he just wanted to note that in his mind h6-Feally struggled with this one. What is making him vote the way he is is that it is such a s ,_tpc4ion of the development, the one coffee shop.-- If we change the zoning, there is no gu tee we are going to get what we maw on the slide today. He did not think that he would b ng his job of sup)_oWh— g the public good by putting that risk out there. % Vice Chair Lingle concurred wit mber Stockoverand thought that made a lot of sense. The motion w approved 6-0 with Member Meyer declaring a conflict -of interest on this i. Project: Interchange Lands First — Annexation and Zoning, #35-05 Interchange Lands Second — Annexation and Zoning, #35-05A Interchange Lands Third — Annexation and Zoning, #35-05B Project Description: Request to annex and zone 15.55 (1s), 34.08 (2"d) and 12.7 (3d) acres located south of East Mulberry Street and east of Interstate 25 and the Southeast Frontage Road. The recommended zoning is C, Commercial. Hearing Testimony, Written Comments and Other Evidence: Ted Shepard, Chief Planner gave the staff presentation on all three Annexations as a group. He stated that the annexation request has been initiated by the City Council and the applicant in this case is the City of Fort Collins City Clerk. The City Clerk has been designated by annexation agreement to have the power of attorney to initiate and apply for annexation of this Interchange Business Park. The annexation agreement was entered into willingly by the original developer of the Interchange Business Park and it has been recorded at Larimer County as well as the city of Fort Collins. We have reviewed this request by both State Statute and the Land Use Code, which requires that each annexation have no less than 1/6 contiguity, which all three do. There is also another annexation pending in this area called Waterdale also known as Sunflower. Council Liaison: Karen Weitkunat Chairperson: Judy Meyer Vice Chair: Dave Lingle Staff Liaison: Cameron Gloss Phone: (W) 490-2172 Phone: (W) 223-1820 Chairperson Meyer called the meeting to order at 6:05 p.m. Roll Call: Carpenter, Schmidt, Craig, Lingle, Stockover, Torgerson and Meyer. Staff Present: Wray, Eckman, Shepard, Olt, Virata, Aspen, Barnes and Deines. Citizen Participation: None. Director of Current Planning Pete Wray reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the May 19th, June 16th and July 215t, 2005 Planning and Zoning Board Hearings. (Continued) 2. Resolution PZ05- 11 — Easement Vacation. 3. #17-05 Harmony Oaks — Project Development Plan. 4. #32-981 Pinecone PUD, The Tower Shoppes, Sonic Drive -In — Project Development Plan. 5. #33-98E East Ridge Second Annexation and Zoning. 6. Recommendation to City Council Regarding a Land use Code Text Amendment to Clarify Annexation of Illegal Uses. Discussion Agenda: 7. #30-05 Hellenic Plaza Rezoning. 8. #35-05 Interchange Lands First — Annexation and Zoning. 9. #35-05A Interchange Lands Second — Annexation and Zoning. 10.#35-05B Interchange Lands Third — Annexation and Zoning. 11. Recommendation to City Council to Approve Changes to the Land Use Code Regarding the Definition of "Family", Occupancy Restrictions, and Changes to Both the Boarding House and Home Occupation Regulations. Member Schmidt moved to approve consent items 2, 3, 5 and 6. Member Lingle seconded the motion. The motion was approved 7-0.