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HomeMy WebLinkAboutRIDGE ANNEXATION & ZONING - 1-89, A - DECISION - MINUTES/NOTES• 0 PLANNING AND ZONING BOARD MEETING FEBRUARY 27, 1989 MINUTES The meeting began in Council Chambers at 6:32 p.m. Members present included, Laurie O'Dell, Frank Groznik, Sandy Kern, Dave Edwards, Jim Klataske, Lloyd Walker and Rex Burns. Staff was represented by Tom Peterson, Joe Frank, Sherry Albertson Clark, Ken Waido, Glenn Schleuter, Mike Herzig, Paul Eckman, and Kayla Ballard. Ms. CIark reviewed the Consent Agenda which consisted of: (1) Minutes of the January 23 and January 30, 1989 meetings, (2) #95-81H, Seven Lakes PUD, Phase II - Preliminary and Final; (3) #13-82AO, Oakridge Business Park, 12th Filing - Preliminary; (4) #53-84G Warren Farms, 3rd Filing - Preliminary Subdivision; (5) #53-85W Centre for Advanced Technology 13th Filing -Final; (6) # 107-88 Revisions to the Subdivision Regulations - Minor Subdivisions; (7) #5-89, A New Note Partnership First Annexation and Zoning; (8) #6-89, A New Note Partnership Second Annexation and Zoning; (9) #7-89, A Koldeway Annexation and Zoning; (10) *9-89, A Nelson Annexation and Zoning; (11) #3-89, A Fort Collins Industrial and Technical Park Venture First Annexation and Zoning; (12) #4-89, A Fort Collins Industrial and Technical Park Venture Second Annexation and Zoning; (13) #10-89, A Skyvicw Ltd. Annexation and Zoning. Mr. Peterson reviewed the Discussion Agenda which consisted of: (14) #1-88B Gateway at Harmony Road PUD - Preliminary; (15) #52-80I Valley Forge PUD - Amended Final; (16) #94-88A Fossil Creek Design Center PUD - Final; and (17) #1-89, A Ridge Annexation and Zoning. He noted that Item 05 would he continued to the March 27 meeting. He asked that Items *11 and #12 be moved to the Discussion Agenda. Member Edwards perceived a conflict on Items #2 and #3. Member Kern asked that the minutes be corrected, as he did not state he thought the project should be a neighborhood convenience center. Member Groznik moved to approve Items #1, #4, #6, #10 and #13. Member Kern seconded the motion. The motion to approve passed 7-0. Member Klataske moved to approve Items #2 and 03. Member Walker seconded the motion. The motion to approve passed 6-0, Member Edwards did not participate. Member O'Dell stated that the Board would discuss Items #7, #8, and #9 at the March 6 meeting. THE RIDGE ANNEXATION AND ZONING Ken Waido gave a brief summary of the proposal. The annexation included The Ridge PUD, a residential project approved in the county, and several other properties. He noted the property in question was an enclave annexation and cited the policies in the UGA Agreement. He stated the zoning for the property was proposed as R-L-P, Low Density Planned Residential. He stated that the property owners were notified of the annexation in January and in addition to the letter, information which dealt with the annexation, taxes, land use, zoning, utilities, electrical service information, and street maintenance was included. Staff recommended the approval of the annexation and zoning. Member Burns asked if the property was in the Fort Collins/Lovcland Water District. Mr. Waido replied yes. He explained the annexation policies in the UGA Agreement and believed the City had annexed over 20 county enclaves in the past three years, the largest being Skyline Acres on Horsetooth Rd. and Shields St. He stated the Ridge property was the largest county subdivision to be an enclave annexation. Member Edwards asked about the economical ramifications to the residents. Mr. Waido stated the property tax would increase for the property owners. At the conclusion of the annexation procedure, the County Assessor's Office would apply the City's 8.797 mill levy and subtract the 8.777 mill levy of the Poudre Fire Authority. The net increase was .02 of a mill. He stated the sales tax would be an impact, as property owners would be required to pay sales tax on large ticket items, such as an automobile or large appliances. He stated the utilities could remain with one exception, that being electrical. A septic system must be connected to a public system if and when it failed. He said all other mill levys, school districts, and hospital districts would not change. He believed that most questions from property owners dealt with whether, upon annexation, streets would need to be upgraded to City standards. The answer was no. The streets could remain as long as the residents were satisfied with that level of service. The City would do maintenance service, such as potholes but the City will not absorb the burden if, in the future, the street needed to be reconstructed. He believed the Ridge Homeowners Association recently overlayed their streets. Member Burns asked if the residents would pay monthly storm drainage fees. Mr. Waido replied yes, upon annexation. Larry Gray, Vice President of the Ridge Homeowners Association, stated the Homeowners Board was resigned to annexation by the City. He urged the Planning and Zoning Board to proceed with the annexation, making it effective prior to April 22, when a surcharge of 25% would be applied to the residents current power rates. -13- Bert Petrie, resident, asked what would become of the 30 acres of green belt which was owned by the Homeowners Association. Mr. Eckman stated the ownership status would not change. Mr. Petrie asked if they could limit access to the open space to the residents of the Ridge. Mr. Eckman answered yes. Member Edwards noted that the same rights applied to the green belt area as applied to individual lots. Al Kilminster, resident, would rather not be annexed as he believed he would pay more in taxes and fees in the City. He stated he raised bees and believed this was against the code of the City and believed he would have to get rid of them. He stated the RLP zoning would leave the area open to PUDs. He envisioned condos, and 7-11 stores. Mr. Eckman stated that the keeping of bees within the City limits was declared a menace to residents and declared a nuisance and prohibited. He noted that under a Non -Conforming Use provision, that legally existing uses prior to annexation were allowed to continue unless abandoned. He was not prepared to state that a nuisance in the Non -Conforming Use provision would be allowed to continue. Mr. Kilminster pointed out that he had 8 hives and the surrounding area was pasture. Chairperson O'Dell asked who would make the decision as to whether the hives could remain. Mr. Peterson stated it would be up to the Zoning Administrator to decide, after consultation with the City Attorney's Office and Planning Staff. Lloyd Bjorlo, resident, asked when the effective date for this annexation would be. Mr. Waido stated City Council would consider the second reading on April 4. He said the effective date would be April 14, if approved. Sanford Thayer, a trustee of 20% of the land proposed for annexation, asked what the impact of storm drainage fees would be on 35 acres, which contained one house and a mobilehome. Mr. Waido did not believe it would be a major impact as it was a predominantly vacant piece of land. Member Burns stated it would be $243 a month for a storm drainage maintenance fee. He said that if the property were to be developed, drainage fees would apply at approximately $3,500 per acre. - I4- I • 0 Mr. Waido stated he would meet with the storm drainage department and address Mr. Thayer's concerns. Mr. Thayer requested that his 35 acres be withdrawn from the annexation petition. The acreage was farmland and will continue to be used as farmland. The requested zoning was not compatible with the existing uses. He noted that the type of land uses changed, as different types of livestock were pastured there. Mr. Waido noted that the RE zone allowed livestock and that Mr. Thayer's property could be zoned differently than the rest of the site. Mr. Thayer stated he would prefer the RLP zoning, with a record which would reflect the variety of land uses which existed at the time of annexation. Mr. Eckman stated the prior uses were non -conforming and would be allowed to continue to exist. Mr. Thayer asked if past land uses, such as 60 head of cattle, would constitute prior use. Mr. Eckman stated the definitions of Non -Conforming Uses and believed that the typical amount of cattle, rather than a counting of heads on April 14 would be used. Mr. Thayer requested that the record show that in the past, the property had seen up to 60 head of cattle and 35 head of horses. Mr. Eckman noted that residents may contest the statement, and would hesitate to state that the City would be bound to that statement. Mr. Thayer asked that his property be exempted from the planned annexation. Mike Myshatya, resident, appreciated the information sent to the residents but wished to received more information on storm drainage fees. Mr. Peterson stated the amount would be $2-3 and that larger fees were assessed as the property developed. He stated that staff would send them the information. Mr. Myshatya asked that the information be sent to Mr. Gray and the Homeowners Association. Mr. Eckman believed that staff should visit Mr_ Thayer's property to note the uses. In respect to the bee issue, he had concerns about using the Code provisions for a Non -Conforming Use to allow a possible nuisance. Member Edwards asked if the problem could be resolved with a variance. Mr. Eckman stated that the code did not provide for a use variance in city limits and a variance would not change its prohibition. -15- Member Edwards had concerns that Mr. Kilminster's bee -keeping had been done with no apparent complaints and now he had no alternative to continue that activity. Mr. Peterson stated that further investigation would be needed to resolve Mr. Kilminster's concerns. Member Kern moved to recommend approval to City Council the Ridge Annexation and Zoning. Member Edwards seconded the motion. Member Edwards asked if a separate motion was needed for Mr. Thayer's objection to the annexation of his property. Mr. Waido replied no. Chairperson O'Dell noted that Mr. Thayer may make his objections known to City Council, who have the final authority. The motion to approve passed 7-0. Other Bu i ness Mr. Peterson stated there would be worksession on the Downtown Plan on Thursday from 5-7 p.m. in the CIC Room for those would like to attend, and was not mandatory. Chairperson noted the APA Conference in Atlanta and that two Boardmembers will be sent by the Planning Department. Chairperson O'Dell stated that the meeting was continued to March 6, at 6:30 p.m. Meeting adjourned at 10:35 p.m. -16-