HomeMy WebLinkAboutGOOD SAMARITAN VILLAGE - ANNEXATION & ZONING - 27-96 - DECISION - MINUTES/NOTESPlanning and Zoning Board Minutes
November 25, 1996
Page 12
agreement to get the roads fixed. Member Colton suggested that if there is a lot of
construction traffic going through the neighborhood, that they post "no construction
traffic" signs, or talk to the developer and ask them not to have their construction traffic
drive on your streets. He would be supporting them motion.
Member Byrne stated that the mistake that was done was done well in advance of what
they are considering here, and one of the things that the City has to be very diligent
about is the demands placed on the City budget for streets well exceeds the ability of
the City to meet those. Bringing more sub -standard streets into the network of Fort
Collins is something that he would very strongly oppose. We can't even keep up with
the streets we have now, and those were built to City standards.
Chairperson Bell asked about the College/Trilby intersection. She thought that when
the Board approved the second phase of Ridgewood Hills that the intersection was
supposed to be widened and improved.
Ms. Wamhoff replied that the improvements to the intersection as far as pavement has
been made. The stripping out there is not in accordance with the plans, and that should
be changed so a left turn lane is striped at Trilby Road. It will be a tight intersection, but
there will be a left turn lane.
Chairperson Bell asked what this neighborhood could do to cut down on the cut-thru
traffic on their streets.
Ms. Wamhoff replied that it is a public right-of-way, so the City cannot say that they
cannot drive on it. The best thing would be to talk to the developer of Ridgewood Hills
and see if they could ask their contractors to take a different route.
The motion was approved 7-0.
REA Annexation and Zoning, #64-93C.
Steve Olt, City Planner gave a staff report recommending the approval of the
annexation and that the property be placed in the HB - Highway Business Zoning
District with a planned unit development (PUD) condition.
Chairperson Bell asked why staff pulled this item.
Director Blanchard replied that it needed to be pulled because the staff
Planning and Zoning Board Minutes
November 25, 1996
Page 11
Member Byrne asked why we were not annexing in bigger chunks to focus on some of
the boarder issues.
Director Blanchard replied that historically, annexations in the City have been all
voluntary. Its been pretty rare that we have done involuntary annexations of enclaves.
That will begin to change next year with some long-standing enclaves in the City. In
this particular area there is no "enclave" under the definition that has been formed yet,
so there is no opportunity for forced annexation. After an enclave is formed, it takes
three years before the City can forcibly annex any property contained within an enclave.
Member Byrne asked why this neighborhood has not been annexed. Was there a
voluntary request to be annexed.
Mr. Biscellia responded no, his understanding was that the City did not want any part of
them because of the road conditions. That would be the only time they would take over
Skyway.
Chairperson Bell stated it was her understanding that when a subdivision petitions for
annexation, then negotiations begin as to what needs to take place, if anything,
regarding roads.
Until the neighborhood petitions for annexation, or else work with the County to
upgrade the roads, there is nothing that this Board can do about it. It is unfortunate that
the developer of the subdivision put in such poor roads.
Mr. Biscellia commented that on account of the roads in that development, they will not
take over the development because of the way the road are until they fix the roads
themselves first, and then maybe they will take it over.
Member Gaveldon stated he would support the annexation and zoning request giving
the Council the recommendation. He stated that there are a process that needs to take
place with voluntary annexation and urged the neighbors to follow the criteria.
Member Gaveldon moved to recommend to City Council the annexation and
zoning request for Fort Collins Good Samaritan Annexation and Zoning, including
the rip zoning, #27-96.
Member Chapman seconded the motion.
Member Colton stated that he emphasized with the neighbors and that they want this to
come to some resolution. As some of his fellow Board Members mentioned, it may
come down to the homeowners paying for the improvements or working out some other
Planning and Zoning Board Minutes
November 25, 1996
Page 10
PUBLIC INPUT CLOSED.
Chairperson Bell asked if this Board was limited to the request of this proposal,
specifically the applicant being Good Samaritan.
Assistant City Attorney Duval replied that there was a particular petition before them. A
specific piece of property that is requesting to be annexed into the City. The property
they are asking to annex north of there apparently is owned by the County. There
might be a question as to whether this petition could address that because the County
has not come into ask that that part of the property be annexed.
Chairperson Bell asked that since the petition before them is a specific request for a
particular piece of property and it is customary for the road right-of-way to be annexed
with now in total, is this part of the Board's purview and discretion to make a decision to
add onto the proposal.
Mr. Duval replied that whether the City annexes this or not is a legislative decision.
Therefore, there is a lot more leeway because this Board is only making a
recommendation to City Council and is not making the decision on the annexation itself.
The Board's recommendation could be to grant the annexation, but encourage that
steps be taken with consultation with the County, to see if the rest of the street could
also be added to this annexation; or, maybe a further annexation could be considered
to annex the rest of the road.
Mr. Ludwig clarified that the first reading of this Ordinance is scheduled for December
17, 1996. This is a recommendation item and Council will make the ultimate decision.
Member Chapman stated that he would be supporting this application for annexation as
written basically because the road issues that have come up will be better addressed
later when a development plan comes forward and transportation studies can be done.
At that time the impact of traffic can be assessed and be a part of the development
plan. At this point in the process there is not a way to address the valid issues of the
neighborhood.
Member Byrne stated that one of the difficulties that he has is trying to figure out the
situation of the gerrymandering of jurisdictions between the City and County. It is not
clear to him that annexation is going to make it any less chaotic, it seems to him that in
the long-term it will be less chaotic as things sort out, but at this point there is nothing
that indicates to him what the real outcome will be. Its like we are dealing with a
problem that is much broader in scope that simply the Good Samaritan Village.
Planning and Zoning Board Minutes
November 25, 1996
Page 9
study.
Member Weitkunat asked if Mr.Quinn's proposal is above and beyond what is being
presented to the Board and is not part of this proposal.
Mr. Ludwig replied that was correct.
PUBLIC INPUT
Al Biscellia, lives in Fort Collins in the County stated that they live in Skyway and it is a
street and a section of the City that is an "outcast". The County doesn't want it and the
City doesn't want it. Half of the development has not been approved by the County,
south of Constellation. It costs the homeowners south of Constellation $6,000 a piece
to fix the streets. The streets are very bad and he is against this if any part of this
annexation comes onto Constellation. He has heard too many excuses over the past
18 years. Mr. Biscellia stated that they do not need anymore traffic in the area. The
question is not having the traffic there and who is going to maintain the streets. He
feels that if the City takes in part of Constellation, they should be responsible for all of
Constellation. He feels that the people in Good Samaritan will not use Trilby, they will
use Constellation, and he urged the Board not to annex this property with the conditions
that are there now.
Rowland Brownlee, lives on the corner of Constellation and Galaxy Way. He stated
that we are talking about 290 feet that will be homeowners. The City will have the other
two and a half blocks to Trilby and the County will have maintenance from there to
Skyway. We will have three entities in charge of that street. They have been trying to
work out the problems where the developer never finished up. The streets are
deteriorating and there are drainage problems now, and this development will only
make them worse. He feels there will be more traffic on Constellation and it will only
add to the additional traffic they have now. Mr. Brownlee stated that he would like to
see these things addressed and asked that the annexation right-of-way come down to
Galaxy Way.
Mr. Quinn, President of the Homeowners Association stated that the Skyway exit has
become a very popular entrance and exit. The Trilby intersection is somewhat difficult
to get to, and he invited the Board to drive down Constellation between 8:00 and 9:00
a.m. and see what they are seeing. His understanding is that there is no further
upgrades to the Trilby/College intersection planned and that this would just be a helpful
addition to the current annexation or plan to have congruent maintenance on that
street.
Planning and Zoning Board Minutes
November 25, 1996
Page 8
has increased roughly 50% day to day. It is not just passenger vehicles, but they have
construction traffic coming in to help build Ridgewood Hills homes. Their concern is
that their streets are already in bad repair, and their streets have not been accepted by
the County. They have plenty of work on their hands without any additional traffic.
They have taken pro -active measures to limit traffic.
Member Byrne asked if the Homeowners Association currently has responsibility for the
maintenance on the streets.
Mr. Quinn replied yes.
Member Byrne asked if the City of Fort Collins were to annex, then the responsibility
would become that of the City of Fort Collins.
Mr. Quinn replied that there is currently discussions with the County to accept their
streets. The County will be working with them to develop a plan to bring these streets
up to just maintain them. They are coming to a point of agreement with the County
where they will accept the streets for maintenance.
Member Gaveldon asked if they are private streets.
Mr. Quinn replied no, these are public streets and they have no authority to close them
off.
Mr. Ludwig added that they are public streets and they are privately maintained by the
Homeowner's Association.
Mr. Quinn stated that these problems have existed from the start of this development
when the development was released that the County is working with them on. It is only
a matter of time before the County will accept these streets for maintenance.
Member Chapman asked if this street were to be annex into the City, would the City
anticipate that at some time it would be brought up to a City standard.
Sheri Wamhoff, Engineering Department replied that the City would not bring it up to
City standards.
Mr. Ludwig added that there would be very limited maintenance. The City is not going
to go in and widen or pave the street as a result of the annexation. What will occur is
that as development occurs on the property, they will be required to submit a traffic
study, which will identify their impacts and improvements will be based on that traffic
Planning and Zoning Board Minutes
November 25, 1996
Page 7
Mr. Ludwig located Ridgewood Hills on the map. He explained that Avendale Road,
which goes into Ridgewood Hills is right across Trilby to Constellation Drive.
Chairperson Bell asked Mr. Ludwig to explain the agreement the City has with the
County.
Mr. Ludwig replied that we have "stated to, and agreed with" the County Engineer that
we will annex all right-of-way adjacent to a property being annexed into the City.
Member Davidson asked if you were to follow Constellation north, does it take you
anywhere other than Skyview Acres?
Mr. Ludwig replied that you would follow the roads to Skyway Drive, which will take you
to 287. Mr. Ludwig added that he did not doubt that there is some cut -through traffic,
but he believes the majority of the traffic from Ridgewood Hills goes to Trilby Road and
to a lighted traffic signal at Trilby and College Avenue.
Member Davidson asked if all the developments north of this annexation were in the
County.
Mr. Ludwig replied that was correct. The only portion of the property that is adjacent to
City Limits is the southern boundary. The property gains its 1/6 contiguity being
adjacent to Trilby Road.
Member Byrne asked if the reason Mr. Quinn is interested in getting a segment of
additional right-of-way annexed because of maintenance. In terms of maintenance
standards, is it true that the City standards are higher.
Mr. Ludwig replied that the City's design standards would be that there would be very
little maintenance on the roads at this time. When the development proposal is
reviewed, if the annexation goes through, there will be a traffic study submitted that
would identify how many vehicles were going up Constellation Drive and if
improvements were needed to the road at that time, we will be able to require mitigation
at that time.
Member Byrne asked Mr. Quinn if the motivation was maintenance.
Mr. Quinn replied that the roads are in disrepair. Constellation Drive, as a result of the
Ridgewood Hills subdivision, and now this proposed development will experience
heavier traffic. The did do a traffic study locally, and they have identified that the traffic
Planning and Zoning Board Minutes
November 25, 1996
Page 6
Planner Haas replied that staffs feeling was that the landscaping additions were fairly
generous, everything we hoped for was put on the plan so the whole frontage along
College will be landscaped as well as Creger's.
The motion was approved 7-0.
Fort Collins Good Samaritan Village Annexation and Zoning. #27-96.
Chairperson Bell asked Mr. Quinn, who pulled this item, to come down explain his
concerns.
Mr. Quinn, President of Skyview Homeowners Association asked the Board to refer to a
letter he presented on behalf of the HOA. Mr. Quinn asked the Board to look at the two
bullet points at the bottom of the letter.
Chairperson Bell asked Mr. Quinn if he was here on behalf of his Homeowner's
Association that the City of Fort Collins take over the rest of Constellation Drive as part
of this annexation.
Mr. Quinn believes that there is justification for the additional 265 feet to be added to
the 960 feet on Constellation Drive. It will allow for two entities with congruent road
standards to maintain that road, which is relatively short anyway and with the increased
traffic flow from the Ridgewood Hills Development.
Chairperson Bell asked Assistant City Attorney Duval what the City's Policy is on this
matter.
Mr. Duval replied that it would be more appropriate to ask what the Planners
recommendation was on the matter.
Mike Ludwig, City Planner gave a brief staff presentation on the project. He explained
that the current agreement with the County is that we will annex right-of-way that is
adjacent to the property being annexed. Trilby Road is already in the City limits along
this portion. On Constellation Drive, the annexation stops at the north property line and
therefore, the right of way would end at that point as far as City maintenance. The area
Mr. Quinn is referring to is from the property line of this annexation north to Galaxy
Lane. In order for this portion of the right-of-way to be annexed, the property adjacent
to the road in that area would have to be annexed.
Chairperson Bell asked Mr. Ludwig to show the Board the drive-thru traffic Mr. Quinn is
referring to.
Planning and Zoning Board Minutes
November 25, 1996
Page 2
Director Blanchard pulled item 12, REA Annexation for discussion.
Jerry Quinn, citizen pulled item 11, Good Samaritan Village Annexation and Zoning for
discussion.
Member Byrne pulled item 3, Autoplus Superstore for discussion.
Member Byrne moved to approve the consent agenda items 1, 2, 4, 5, 8, 9, 10
including the variance on item 4.
Member Gaveidon seconded the motion.
The Motion was approved 7-0.
AUTOPLUS SUPERSTORE P.U.D.. PRELIMINARY AND FINAL - #52-85C.
Member Byrne stated that he had a list of questions on the project to be answered.
Member Byrne asked about the point chart, the Auto -Related and Roadside
Commercial Point Chart, and could some background be provided. He was concerned
about the points scored and would like them explained.
Mitch Haas, City Planner explained that the intention of the point chart is to decide if the
location of the use is appropriate and in the LDGS, the only locational criteria is the
point charts. The project is scored against this particular point chart (Auto -Related and
Roadside Commercial Point Chart) because it is car sales and it is one of the defined
uses for this point chart. Mr. Haas explained that there have been projects that have
needed variances from these point charts, so while it may seem easy, it is just the
function of this location with the given use.
Member Byrne asked about Item C on Non -Arterial, because it appears that the site is
on an arteria street, College Avenue.
Planner Haas explained that the Criteria as it reads asks if the primary access to the
activity from a non -arterial street. The two access drives to this site come off of Creger
Drive, which is a drive that comes off of College. It does not have direct access onto
College and there is no curb -cuts onto College Avenue.
Member Byrne asked if it was possible to get to this site off of College?
•
PLANNING AND ZONING BOARD HEARING
NOVEMBER 25, 1996
6:30P.M.
Council Liaison: Gina Janett Staff Liaison: Bob Blanchard
Chairperson: Gwen Bell Phone: (H) 221-3415
Vice Chair: Glen Colton Phone: (H) 225-2760 (W) 679-3201
The meeting was called to order at 6:30 p.m.
Roll Call: Gaveldon, Byrne, Chapman, Colton, Davidson, Weitkunat, Bell
Staff Present: Ludwig, Olt, Wamhoff, Jones, Haas, Duval, Blanchard, Deines.
Agenda Review: Bob Blanchard, Director of Current Planning Reviewed the Consent
and Discussion Agenda's, which consisted of the following:
1.
Minutes of the May 20 and October 29, 1996 Planning
and Zoning Board Hearings.
2.
#26-96
Cornerstone Presbyterian Church PUD - Preliminary and
Final.
3.
#52-85C
Autoplus Superstore PUD - Preliminary and Final.
4.
#28-96
Family Chiropractic Center PUD - Preliminary and Final
S.
#2-94H
Fire Station #12 - Falcon Ridge PUD, Lots 15 -17 -
Amended Final
6.
#2-96A
University Center PUD - Final (Continued)
7.
#14-88N
Silver Oaks paired Housing PUD, Subdivision Replat
(Lots 1-10, Tract "C" & Tract "D").
8.
Resolution PZ96-15 Abandonment of PUD on Lot 2 of
The Third Amendment to Troutman PUD, Second Filing
9.
Resolution PZ96-16 Easement Vacation
10.
Modifications of Conditions of Final Approval
11.
Fort Collins Good Samaritan Village - Annexation and
Zoning
12.
REA - Annexation and Zoning
Discussion Agenda:
13. Recommendation to City Council for Adoption of The
Level of Service Manual and Transportation Impact
Study Guidelines (Continued)