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HomeMy WebLinkAboutSUNRISE RIDGE - ANNEXATION & ZONING - 13-05 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes May 19, 2005 Page 10 piece meal like this would have an impact on the whole area with people having little say so in what happens to them. Member Craig commented that she based her decision on the criteria that is there a change in character that warrants the amendment. At this point in time she did not see any change beyond the process that we have gone through since the structure map was made in that area. She did not feel that this warrants an amendment at this time. Vice Chair Lingle found that there were strong arguments on both sides of the discussion. He thought that staff made a good presentation as far as what they are recommending. He also felt that the applicant made a strong case for why LMN would be appropriate. He tends to agree that it would be appropriate in terms of the natural boundaries and the street network that is in place. It seems like a very narrow dimension for that lot to try and develop under the UE. If Strauss Cabin Road was not there in that particular location and it was contiguous with more undeveloped land then the UE would make more sense to him. He though that LMN was totally reasonable. The motion was approved 4-2 with Members Torgerson and Lingle voting in the negative. Project: Recommendation to City Council for the Spring Biannual Revisions, Clarifications and Additi s to the Land Use Code. Project Desc:monLWrit�te:14omments on. Request for a recommendation t ity Council regarding the biannual upda o the Land Use Code. Hearin Testand Other dence. Member Craig suggested pulling ou a items t they would like to discuss and then do a recommendation on the others. Vice Chair Lingle asked about SecW 2.2.7 conbe,,rning the order of proceedings at the P & Z Hearings, number 681. a actual Ordinan language it changes the order that the hearing is conducledbut it did not include what -Wks discussed at the retreat in which the Board wou4ee able to ask questions of staff and -the applicant prior to public testimony. He as�kA if the Board would be able to do that whereVer they wanted to. Deputy C Attomey Eckman replied that is the way the Board has been erating. It woul of be a bad idea to include specifically some language that the Board at end of anyone's presentation, ask questions of the presenter. Planning and Zoning Board Minutes May 19, 2005 Page 9 existing development. Further to the east is identified rural lands and we have not come up with that zoning district yet, we are still working on that and we anticipate that later this summer. That is described as coming close to the existing county zoning of FA-1, which is one unit per 2.29 acres. The quarter section to the east and down the slope from Strauss Cabin Road and the ditch is a combination of the upper part of the Harmony Corridor District and to the south and east of this area is part of the recognized rural lands pattern. When we talk about a transition or edge we did look at this series of lots as not only recognizing existing county subdivision, but providing the transition to the LMN to the west and the more open or rural development pattern to the east. Member Schmidt asked what if all those properties wanted to come together and request an amendment to the Structure Plan. Director Wray replied that was a good question and that if we saw support for that cluster of parcels coming together for a change, he thought that staff would be more supportive for a plan amendment. Vice Chair Lingle stated that the Board did receive two letters tonight that he wanted to enter into the public record. One was from Ken and Ethel Ashley and one from Bill and Ann Standifer. In the Standifer's case they are not objecting to the change. Member Schmidt moved for approval of the annexation of Sunrise Ridge Annexation, #13-05. Member Craig seconded the motion. The motion was approved 6-0. Member Torgerson moved to recommend to City Council to change the Structure Plan to accommodate the LMN zoning and also moved to recommend LMN zoning for the annexed property. Motion failed for lack of second. Member Schmidt moved to recommend to City Council the Urban Estate zoning for the Sunrise Annexation. Member Craig seconded the motion. Member Schmidt commented that she felt that this was a situation that we are looking at one parcel and it definitely would have a domino effect on the other parcels and she did not know if that was the intent. Part of the UE designation was to act as a buffer between higher density to the more urban areas and natural areas. She believes it is serving its purpose in this case. If there were community wide efforts so all the people in this Urban Estate zone said they did not feel this was appropriate and started the mechanism going and wanting it changed, she would feel more comfortable. Doing it Planning and Zoning Board Minutes May 19, 2005 Page 8 Member Schmidt was unclear what was to the east of this property. Planner Shepard provided an image of that and replied that it is gravel all the way to western right-of-way for 1-25. There are four properties on the east side of Strauss Cabin Road between the inlet ditch and the road. Member Carpenter asked why the streets were stubbed into this property and what the thinking was when that happened. Planner Shepard replied that we knew that Rock Creek was the collector and that it is the only street of the three that are stubbed that is on the Master Street Plan. It seemed logical to stub it to the property line in anticipation of an extension over to Strauss Cabin which is the minor arterial. The other street stubs are internal to Observatory Village and we were not anticipating anything other than "some day' those street stubs might connect. It seemed like Observatory Village was too large of a property not to have street stubs to its east property line. Member Schmidt asked about the Structure Plan Map and its last amendment. Director Wray replied that the Structure Plan Map that was developed in 1997 has been several times since that time. This past year there was a major update and provided some changes and clarifications to the map. When the Fossil Creek Area Plan was adopted, those recommendations lead to an amendment to the Structure Plan. Aside from the amendment in 1999 to include the neighborhood commercial center and the medium density further to the west, we have not seen any other changes and development in the southeast area within this plan has been following the direction of the Fossil Creek Area Plan. Member Lingle asked for an explanation of the thought process at the time of the Structure Plan and the Fossil Creek Area Plan in terms of putting this property into UE. Director Wray replied that the Fossil Creek Area Plan was a joint plan between the city and the County and when the land use pattern was developed for this area, it was very important that we looked at reducing density and intensity of development when we got closer to the reservoir. In addition, we received a lot of support for recognizing the existing county large lot rural subdivisions in this area. The seven lots that are mentioned as part of this proposal and we have a couple of other pockets of FA-1 existing subdivisions further to the west off of Timberline and Kechter Road. The Plan incorporates a mix of recognized existing development in the county as well as the future planned, more urban development in the Structure Plan. Within that, we recognize a variety of housing types and lot sizes. This edge that is being described is consistent with the plan and the original vision to have LMN and Urban Estate abutting Planning and Zoning Board Minutes May 19, 2005 Page 7 plan they were approving a medium higher density townhome project immediately adjacent to a project that would potentially be shown on maps as urban estate. Is that really a smooth transition and would that really be compatible with that type of neighborhood. He did not believe so, there needs to be some kind of transition through that project in which the LMN zone would allow them to transition from the higher density Morningside project. The next filing was Observatory Village, 2"d filing and that piece of property is located between the actual single family homes of Observatory Village and Morningside Townhomes and that project was approved in September of 2002, He stated that there were a few items that were brought up by neighbors. One is traffic and they think the extension of Rock Creek Drive will lessen the traffic between Sunrise Ridge and Kechter Road. Harmony Road and Strauss Cabin road is planned to be signalized as development occurs and the warrants are justified. Stormwater concerns, the owners of the Sunrise Ridge are in discussions with Village Homes concerning the possibility of sharing a small part of Observatory Village's detention pond. To date, Village homes has been very receptive and those are ongoing at this point in time. The LMN zoning would decrease the value of their homes. He felt the LMN zone district would create a much better financial position for not only this property but as well as all the properties to the south. Wildlife, this project would not adversely affect wildlife in the area. There would be a 100 foot setback from the Fossil Creek Inlet Ditch that they have to work with. Right now there are only 9 neighbors that are possibly opposing the project, whereas Morningside Townhomes and Observatory Village have no problem with what is happening. In conclusion he would like to say that by zoning the property LMN a realistic transition from the denser HC zoning of Morningside Townhomes can take place. Also the LMN zoning of the property will be compatible with community goals and needs. The project can provide for a greater diversity of housing making necessary and much needed utility extensions and connections. Extend the much needed Rock Creek Drive to further the city's Master Street Plan and also be compatible with all of the surrounding city and county neighborhoods. PUBLIC INPUT None. Planning and Zoning Board Minutes May 19, 2005 Page 6 some other kind of rural residential type use. As a very minimum it should be Strauss Cabin Road that is the section line. Is it really appropriate that a minor arterial is running right through and down the middle of an urban estate neighborhood? He did not think that was correct planning and that urban estate was never meant to happen with that type of traffic flowing through it. Everything out there really dictates from Kechter Road being an arterial to Strauss Cabin Road being an arterial and both of them running adjacent on the south end or directly through the middle of an urban estate neighborhood as well as the extension of Rock Creek Drive. A second contradiction to the UE zoning district is the exemption to Section 3.6.3 of the Land Use Code which dictates the connections into and between neighborhoods. It says that development in this district shall be exempt from those standards for street patterns and connectivity. Section 3.6.3 also states that "all local street systems should be connected into neighborhoods and other properties and stubbed to them if they are not developed at this point in time. That is something that the Urban Estate zone is not required to do. The existing roads that are stubbed to the potential UE zone properties is Strauss Cabin Road that is a minor arterial that bisects an urban estate neighborhood and is this really solid planning. He thought that type of road should be going on the outside of an urban estate type neighborhood, not bisecting it and cutting it in half. Secondly, if was a UE and was exempt from road connectivity standards, should a major collector in Rock Creek Drive be stubbed to the property? That is setting up an LMN zone for that project. There are two other drives Big Dipper Drive and Eclipse Lane that are currently stubbed from Northern Lights and that is the eastern most north/south roadway in Observatory Village and these are both stubbed to go right through the 7 properties to the south, dividing them every other piece of property. These two streets were clearly intended and approved to be extended into these properties and connect to Strauss Cabin Road. This type of connection is only intended for an LMN zone or an even higher density zone. Mr. Chalona referred to the staff report and the statement "typically LMN will be clustered around and integral with a Medium Density Mixed -Use Neighborhood." Morningside is that medium density mixed use neighborhood and the commercial that will occur with Harmony Corridor. It goes on to day the "its edges typically consist of major streets, drainageways, irrigation ditches, railroad tracks and other physical features." This just goes back to saying that is what LMN was defined for and you have that there in either Strauss Cabin Road or Fossil Creek Inlet Ditch and the bluff. One other item mentioned in the staff report was that the plan had not been amended since 1999 and both times the LMN and HC zoning districts were in place at that point in time. However, at that time, the Observatory Village project was just going into the review process. The Momingside Townhome project was approved in January of 2002. That occurred well after the last amendment to the Fossil Creek Plan. However, in that Planning and Zoning Board Minutes May 19, 2005 Page 5 growth. We have very urban boundaries on the west and north side of this property. You could almost argue that on the south side on the house they built. They built the house on the property line and if they wanted to be in the middle of the lot, they could have built there, but they chose to build next to the adjacent property. Another excerpt from talking about the Structure Plan says that "the Structure Plan is a map that sets forth a basic framework showing how Fort Collins should grow and evolve over the next 20 years. It is intended to serve as a blueprint towards the desired feature described in the Community Visions and Goals element of City Plan. As such the map is only intended to serve as a general guide for future land use decisions. It is not a zoning map, many of the boundaries on the map are generalized for illustrative purposes and in actuality may vary somewhat when applied on the ground as a result of natural and man made features whereas the result of varying conditions or circumstances." Again another very strong point that the Structure Plan is not meant to just sit idle and wait for the 20 years to turn around when you can go in and amend it. As situations come up or as you look at them in more detail, such as Sunrise Ridge, maybe the boundary of the fence line between the two fields is not really the best boundary between two zone districts. Maybe it should be Strauss Cabin Road or maybe the bluff that is slightly further to the east. With the LMN zoning, he believed that they would come much closer to achieving the key principles in the city Structure Plan as we stay as Urban Estate it is a much more sprawling and less compact development pattern and it is harder to make all the connections for pedestrians, the bike trail and being able to do a more interconnected transit system. They will still be within the growth management boundary and will be able to provide multiple means of travel. In the Fossil Creek Plan, it talks about that there is a clear distinction between the northern and southern parts of the management area. The north was looked at being developing in an urban density, whereas when you move to the south that is where you get into your larger lots to preserve your buffers from the reservoir and preserve wildlife corridors, things of that nature. When you move to the north and Sunrise Ridge is at the absolute north, their northern boundary line is the boundary for the Fossil Creek Area Reservoir Plan that it makes sense that this should be a more urban density project than an urban estate project. When you apply the boundary to the ground and really start looking at things, you walk out and take pictures and look at how everything flows out there, the natural boundary or edge for this urban development to the Urban Estate is the natural bluff and the Fossil Creek Inlet Ditch. Both of those with the topographical constraints and the ditch create a natural and well defined edge from the urban development and the openness of what is now gravel pits and may at one point in time become open space or back into Planning and Zoning Board Minutes May 19, 2005 Page 4 In Appendix C, it states that there are a couple points that have to be substantiated for City Council to approve an amendment to the plan. They do feel that the project does meet these requirements. That is one of the reasons that he is going to talk about the bigger picture as well as the smaller just individual lot of the change to an LMN zone as opposed to a UE. He thought that would demonstrate that the Comprehensive Plan does need to be updated in this area. Also, with the project being able to continue development going to an LMN zoning would definitely promote the public welfare and will be consistent with the visions, goals and principles and policies of City Plan and the elements which in this case is Fossil Creek. They do ask that the amendment to the Structure Plan Map be given approval. Why is the LMN zone district right for this area? When reviewing the zoning map, the Structure Plan and the Fossil Creek Framework Plan as well as the written documents you come to understand that these are living documents that are meant to be only a guide to growth and they are meant to be changed and modified because of the city's growth dynamics from when something was adopted in 97, 98 or 99 to 2005, and things change and new parameters start to happen in the area as well as new developments. These plans clearly state that they are meant to be modified as circumstances change from the aging of the city. Mr. Chalona pointed out a couple of items that reflect that, that are taken from some of these documents. The introduction to Appendix C of the Comprehensive Plan states that "City Plan and the adopted plan elements which comprise the city's Comprehensive Plan are policy documents that are used to guide decision making within Fort Collins and the surrounding area. For the city's Comprehensive Plan to function over time, it must be able to be reviewed, revised and updated on an as needed basis." Even as the authors were putting this together, they realized that things are going to change out there and in other parts of the city and the Board has the ability to do that. Also in going with the LMN zone, they can easily accommodate and meet the first principle within the Comprehensive Plan. "Growth within all the city to promote a compact development pattern within a well defined boundary." Strauss Cabin Road and/or the bluff that follows along with Fossil Creek inlet ditch creates very defined and major elements that should create those edges for zone district, not just the fence line that is running down in between two fields when this was designed. Going with the LMN also allows them to create some transition from the higher density Momingside Townhomes and the Observatory Village, 2"d Filing. That allowed the urban forum to be achieved by directly directing the future development to mixed use neighborhoods and districts while reducing the potential for dispersed growth not conducive to pedestrian and transit use and cohesive community development. If we are sprawling this area out and just spreading all the houses out, it really contradicts what these policies and principles are trying to do of creating that compact urban Planning and Zoning Board Minutes May 19, 2005 Page 3 Michael Chalona, Land Images and applicant for the requested annexation and zoning gave a presentation to the Board. He showed slides of the surrounding developments adjacent to this property. The property does meet all state statutes for annexation for its contiguity and all other statutory requirements that are required by the state. The annexation also conforms with the vision, goals and policies of City Plan. They are requesting instead of a LIE zone an LMN zone district and that does require an amendment to the Structure Plan and the Fossil Creek Area Plan. Some of the requirements the project would have is that Rock Creek Drive would be extended through the property to Strauss Cabin Road. Mr. Chalona showed slides of the existing house on the property that sits in the northeast corner of the property. He showed slides of the Morningside Town homes and stated they were two stories in character and was in the 20 units per building range. It was a medium to high density project that abuts directly to the northwest corner of their property. The buildings were about 20 to 30 feet off of the property boundary. He showed a view to the west, which is Observatory Village, 2"d filing and stated that the units were a denser product than the single family and there are at least 3 units, a three Alex building which has been used to transition from the higher density Morningside Townhomes into the single family. To the south is the Standifer residence and its northern property boundary is very close to their southern property boundary. He showed the view to the east and mentioned the new bridge that the County just put in on Strauss Cabin Road and the gravel mining that is out toward 1-25. He showed the stubs from Rock Creek Drive to the property and how it would enter the property. The current zoning of the property is Harmony Corridor to the very northern boundary of the property and there is LMN all along the western property boundaries and there is a little strip of land along Strauss Cabin Road that is designated on the Structure Plan as a potential LIE designation. One of the reasons they are looking at the LMN, is because of the high density that they have in a large multi -family complex that sits directly to the north of them as well as the 2"d filing of Observatory Village. Mr. Chalona referred to the Fossil Creek Framework and the location of the site. He mentioned that the Fossil Creek Inlet Ditch "nips" the corner of the project. He then showed the Structure Plan Map and stated that the LMN zoning runs directly to the west and the LMN actually wraps around the south of this strip of lots on the south side of Kechter Road and then moves into the potential designation of a LIE for the property. With the Structure Plan it is starting to create an enclave and isolating this little strip of property that is out there and nearly surrounding it with higher density. Planning and Zoning Board Minutes May 19, 2005 Page 2 approximately one-half mile south of East Harmony Road on the west side of Strauss Cabin Road. The requested zoning is Low Density Mixed -Use Neighborhood. The request requires an amendment to the Structure Plan Map and The Fossil Creek Reservoir Plan. Recommendation: Approval of the Annexation and denial of the Plan Amendment and the property be placed into the Urban Estate zone district. Hearinq Testimony, Written Comments and Other Evidence: Ted Shepard, Chief Planner gave the staff presentation. He stated that contiguity is gained along the entire west boundary of the subject site, which is shared with the east property line of the Willowbrook Subdivision (Observatory Village). Contiguity is also gained along the entire northern boundary, which is shared with the south property line of Brookfield Subdivision (Morningside Townhomes). The requested zoning is LMN, Low Density Mixed Use Neighborhood. This request requires an amendment to the Structure Plan Map and the Fossil Creek Reservoir area plan. The Planning Department is recommending approval of the annexation, but is recommending denial of the plan amendment and we are recommending that the annexed property be placed into the Urban Estate Zoning District in compliance with the Structure Plan Map without it needing to be amended. Member Schmidt asked if there were any density changes with clustering options or would it stay the same for Urban Estate. Planner Shepard replied that one of the later items on the agenda tonight is the Land Use Code Changes where staff is recommending a change to the Urban Estate Zone, where if you choose the cluster plan option, and this is only in the UE and it is where you have to reserve 50% of the land area as open you are not bound by the RL standards for setbacks, and you have a little more latitude in your layouts of your dwelling units and your �arages. That won't go into effect until 10 days after second reading which is July 15 . Member Schmidt asked about the current clustering option. Planner Shepard replied that as the code is written now, the Urban Estate contains the cluster option and it only gives you the density that would be allowable if you did not cluster. Council Liaison: Karen Weitkunat Chairperson: Judy Meyer Vice Chair: Dave Lingle Staff Liaison: Cameron Gloss Phone: (W) 490-2172 Phone: (W) 223-1820 Vice Chair Lingle called the meeting to order at 6:00 p.m. Roll Call: Schmidt, Craig, Torgerson, Carpenter, Stockover and Lingle. Member Meyer was absent. Staff Present: Wray, Eckman, Shepard, Olt, Moore and Deines. Citizen Participation: None. Director of Current Planning Pete Wray reviewed the Consent and Discussion Agendas: Consent Agenda: 1. Minutes of the April 21, 2005 Planning and Zoning Board Hearing. 2. Resolution PZ05-04 — Easement Dedication. 3. Resolution PZ05-05 — Easement Vacation. 4. #56-98AB Rigden Farm, 11th Filing, Spectrum Independent Living — Project Development Plan. 5. #18-05 Kingdom Hall Annexation and Zoning. Discussion Agenda: 6. #13-05 Sunrise Ridge Annexation and Zoning. 7. Recommendation to City Council for the Spring 2005 Biannual Revisions, Clarifications and Additions to the Land Use Code 8. #16-05 Airpark Village Annexation and Zoning. Member Schmidt moved to approve Consent Agenda items 1 through 5. Member Torgerson seconded the motion. The motion was approved 6-0. Project: Sunrise Ridge Annexation and Zoning, #13-05 Project Description: Request to annex and zone a 10.34 acre parcel. The site is at 5101 S. Strauss Cabin Road located