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HomeMy WebLinkAboutWILLOW BROOK ANNEXATION & ZONING NO. 2 - 8-99A - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes July 1, 1999 P & Z Meeting Page 4 Member Colton had concerns proceeding with this annexation until he gets more information on the airstrip and the laws. Deputy City Attorney felt the airport issues would be best addressed at the time of development. He did not know what regulations regarding airports might apply to this airstrip. He did not think it would matter for the purposes of considering the annexation. Member Gavaldon moved for approval of the Willowbrook Annexation and Zoning No. 1, #8-99 with the recommended zoning of LMN, Low Density Mixed Use Neighborhood. Member Meyer seconded the motion. Member Gavaldon was concerned with the airstrip, but he felt Mr. Eckman addressed the issue. Member Carpenter offered a friendly amendment to the motion and that the airstrip be looked into before this goes to Council. Member Gavaldon accepted the friendly amendment. Deputy City Attorney Eckman stated he would honor the amendment and he would speak not only to Mr. Hattfield. but also to Mr. Anderton about the airstrip and also examine the statute if there is one. Chairperson Colton felt the friendly amendment would cover his concerns and he would only support the annexation if there is resolution on the issue. Chairperson Colton urged the affected property owners to give their opinions to City Council when they here is annexation and zoning. The motion was approved 4-0. Member Gavaldon moved for approval of Willowbrook Annexation and Zoning No. 2, #8-99A with the recommending zoning of LMN, Low Density Mixed Use Neighborhood with the previous amendment to investigate the runway on the private air strip. Member Meyer seconded the motion. The motion was approved 4-0. Planning and Zoning Board Minutes July 1, 1999 P & Z Meeting Page 3 Planner Fuchs reviewed a letter dated July 3, 1995 addressed to Mr. John Hattfield from the Federal Aviation Administration stating that the FAA could not prevent the construction of structures near an airport. The airport environment can only be protected through such means as local zoning ordinances or acquisition of property rights. Planner Fuchs stated that according to our zoning map and City Plan, we do not have any zoning that dictates or governs protection of private air strips. Deputy City Attorney Eckman stated that Federal Laws would have to be enforced separately from the City's zoning process or by the Planning and Zoning Board. Member Carpenter asked about the dirt road abutting the properties and was the road within this annexation and who does it belong to. Planner Fuchs referred the question to the applicant. Craig Kam, Director of Planning for Nutzer Kopaz Design Associates representing the applicant responded to several questions and comments made by citizens and the Board. Mr. Kam replied that the traffic issues would be addressed at the time they submit an Overall Development Plan. Because the annexation is not complete at this point they cannot submit an Overall Development Plan or a Project Development Plan. Mr. Kam stated that the project was intended to be a low density mixed use neighborhood in compliance with the City Structure Plan and the Fossil Creek Plan. He stated he was not aware of any historic structures or other elements on site or adjacent to the property but was willing to do a historic investigation or resource inventory of the site as a requirement of future submittals. He stated that there was not any natural resource areas identified on the city's natural resource map for this site, which may be because it is not annexed, but they will do that investigation on the site also. Mr. Kam stated that regarding the airstrip, while the FAA has responded that it is appropriate to have this airfield activity, that there are not any restrictions on their clients property in response to that and that would have to be facilitated through purchase or an action by the City of Fort Collins when the property is annexed to create an airfield zone. Mr. Kam spoke on the access road and that he has not seen it on any of the plats or any legally surveyed platted easement, which does not mean there has not been a historic use of the road. He stated that the uses along that edge, because the site drains in that direction, it was a likely location along that entire property line where a lot of their stormwater management and detention facilities will be and can be combined with buffering for transition to the county properties to the east. Planning and Zoning Board Minutes July 1, 1gag P & Z Meeting Page 2 Recommendation: Staff Recommends approval of the annexations and recommends that the properties be placed in the LMN, Low Density Mixed Use Neighborhood Zoning District. Hearing Testimony, Written Comments and Other Evidence: Robert Palmer, 4000 E. County Road 36 stated that they have submitted a petition that reads that they oppose and object to the proposed density of 5 units per acre. Mr. Palmer spoke for his neighbors in that they felt it would decrease their property values, increase road traffic and the development would disrupt their rural lifestyles. He suggested a lower density of a large strip of property behind them for a buffer from the housing area. Mr. Palmer asked if it had been considered that the project and its proximity to 1-25 would house mostly commuters and that they would not be contributing to the tax base in Fort Collins, and they would be adding to the traffic on 1-25. Mr. Palmer reported that another historic cabin dating back to 1867 has been discovered in the area. Planner Fuchs gave a brief staff presentation for the Board. Public Input John Hattfield, 55005 S. County Road 7, spoke on the project. He stated that he has lived there for 10 years, and has been in Larimer County the last 45 years. Mr. Hattfield presented aerial photos of his property showing the air field located on his property that was approved by the County years ago. Mr. Hattfield stated that the current zoning in the area is airport zoning. He felt that a big subdivision would be contrary to it. Mr. Hattfield reported that the photographs he presented showed each of the affected properties along County Road 7 and 36. Mr. Hattfield asked the Planning and Zoning Board to deny this annexation. Mr. Hattfield stated that he has a private air strip which certain laws give him protected air space for proper taking off and landing of an aircraft safely. He did not think that could occur with a house sitting at the end of his runway. Planner Fuchs stated that a project development plan has not been received to date on this property. Planning and Zoning Board Minutes July 1, 1999 6:30 p.m. Council Liaison: Scott Mason I Staff Liaison: Bob Blanchard Chairperson: Glen Colton (H) 225-2760 (W) 898-7963 Vice Chair: Sally Craig (H) 484-9417 The meeting was called to order at 6:30 p.m. by Chairperson Colton. Roll Call: Carpenter, Meyer, Gavaldon, Colton. Member Craig was absent. Staff Present: Fuchs, Barnes, Eckman, Shepard, Wamhoff and Deines. Agenda Review: Chief Planner Ted Shepard reviewed the Consent and Discussion Agendas: 1. Minutes of the January 15, February 18, April 16, 1998 January 21 (Continued) and February 18, 1999 (Continued) Planning and Zoning Board Hearings. 2. PZ99-5 Easement Vacation. 3. #8-99 Willow Brook Annexation and Zoning No. 1 4. #8-99A Willow Brook Annexation and Zoning No. 2 Discussion Agenda: 5. The Greens At Collindale - Referred Minor Amendment. Planner Shepard reported that a citizen had requested the Consent Items 1 and 2 be pulled for discussion. Member Gavaldon moved for approval of Consent Item 1 which only includes the January 15, February 18 and April 16, 1998 minutes and Consent Item 2. Member Carpenter seconded the motion. The motion was approved 4-0. Project: Willow Brook Annexation & Zoning No. 1, #8-99 Willow Brook Annexation & Zoning No. 2, #8-99A Project Description: Annexation and zoning of approximately 39.41 (No. 1) and 75.22 (No. 2) acres of privately owned property located east of County Road 7 and north of County Road 36. The recommended zoning is LMN. Low Density Mixed Use Neighborhood and is located within the Fossil Creek Reservoir Area Plan.