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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)