HomeMy WebLinkAboutANTON ANNEXATION & ZONING - 95-88, A - REPORTS - SECOND READINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
Items Related to the Anton Annexation and Zoning.
RECOMMENDATION:
Staff recommends adoption of these items.
EXECUTIVE SUMMARY:
ITEM #UMBER:
DATE: February 7, 1989
STAFF: Ken Waido
A. Hearing to Make Findings and Determinations Concerning the Anton
Annexation.
B. Resolution 89- Setting Forth Findings of Fact and Determinations
Regarding the Anton Annexation.
C. Second Reading of Ordinance No. 175, 1988, Annexing Approximately 2.00
Acres Known as the Anton Annexation.
D. Second Reading of Ordinance No. 176, 1988, Zoning Approximately 2.00
Acres, Known as the Anton Annexation, into the R-P Planned Residential
Zoning District.
This Resolution sets forth findings and determinations that the area is
eligible for annexation pursuant to Colorado state law. Ordinance No. 175,
1988 and Ordinance No. 176, 1988, which were adopted 6-0 on First Reading
on December 20, annex and zone approximately 2.00 acres, Lots 4, 5, 6, and
7 of Heinemann's Spring Creek Subdivision, located south of West Drake Road
and west of Taft Hill Road. The requested zoning is the R-P Planned
Residential Zoning District. Of the four lots, one contains a
single-family home while the other three are undeveloped. This is a
voluntary annexation.
APPLICANTS: Carl and Jean Anton OWNERS: Same
2707 South Taft Hill Road
Fort Collins, CO 80526
Planning and Zoning Board Recommendation:
The Planning and Zoning Board, at its regular monthly meeting of December
19, 1988, voted 6-0 to recommend approval of the annexation and requested
zoning. At the Board's meeting several adjacent property owners spoke
against the annexation. A copy of the Board's minutes is attached.
P & Z Meeting - December 19, 1988
Page 4
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Member Kern asked for a listing of bl zoning uses and Linda replied since the
property has a PUD condition, all projects on the site would be reviewed by
the Board. Uses generally allowed on a bl zone would include banks, theatres,
membership clubs, indoor recreational uses, retail shopping centers and child
care centers.
Member Kern concluded a variety of projects could be built and the Board's
desire was to make it compatible through buffering the neighborhood, mitigat-
ing effects on the neighborhood, insuring the developer had concern for
aesthetics, traffic, drainage.
Linda Ripley stated that, due to the magnitude of the concern, the developer
and staff should meet with representatives of the neighborhoods prior to final
submittal.
Chairperson O'Dell was concerned about the height on the southern end of
the building and asked that a reduction in height be looked at.
Member Shepard moved to approve the Carpet Exchange with the conditions 1)
there be a meeting with representatives of the homeowners and the developer
and 2) drainage problems and natural resource questions be addressed. Member
Kern seconded and the motion was approved 6-0.
Item 7 - #94-88 - ANTON ANNEXATION AND ZONING
Ken Waido gave the staff report and indicated the reason for annexation was
failure of property owner's septic system and replacement by a City sewer
connection.
Jack Ahnstedt, 2813 Taft Hill, appreciated the Board's continuing the item to
this meeting but had several questions on the necessity of annexation. He
had lived on Lot 10 about 18 years and said his abstract indicated no
lots shall ever be used for any purpose other than ordinary residential."
Mr. Waido stated a prior property had not been annexed because the boundary
was not contiguous. Mr. Eckman stated the City did not rule on private
covenants. A private remedy would be enforced through the court system and
was not within the jurisdiction of the Board.
Mr. Ahnstedt went on to point out Anton's own two acres and he and his
neighbors represented 12 acres. At least two of the proposed lots were in the
floodplain.
Mr. Waido pointed out this proposal tonight was for an annexation. The
Property was a part of a subdivision with single family a use by
right. Also included as allowed uses would be schools, recreational uses,
churches, and utility installations.
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P & Z Meeting - December 19, 1988
Page 5
Lawana Garrett, 2815 Taft Hill, felt Anton's short stay of one year did not
indicate a long-term investment. She felt the Anton's intent was to make
the lots more marketable through annexation. The neighborhood had become
frustrated by their input not being considered.
Jim Abrams, 2807 Taft Hill, indicated the sewer was a health hazard when it
was built and felt the planners should check sewer requests carefully.
Member Edwards stated the arguments regarded someone's rights as
opposed to another person's rights and the Anton's had the right to annex
their property.
Member Edwards moved to recommend approval of the annexation and zoning
request and Member Shepard seconded. The motion carried 6-0.
Item 8 - #60-79E - WOODLANDS PUD, Fourth Filing - Preliminary
Sherry Albertson -Clark gave staff description.
Mr. Scott Carlson, 11990 Grant, #200, Denver, 80233, property owner, indi-
cated he was impressed with the LDGS system. They had two city -sponsored
meetings and one on their own and felt they had mitigated the project con-
cerns. He then introduced Ben Herman, EDAW, Matt Delich, Traffic Consul-
tant, and Bill Blackwell, Civil Engineer for the project.
Mr. Herman stated project work began in August. He explained the high use
areas, buffering, and access. Another concern was environmental. The
convenience store location had been moved several times and was now over
300 feet from the nearest residence.
Sherry Albertson -Clark reviewed the major issues and indicated areas still
to be reviewed. This included buffers, access, environmental issues, the
convenience store, and traffic. Regarding traffic she noted signalization
may be required and there will be median on Harmony Road eventually. The
Shields/Harmony location for the convenience store had severely limited
access. It had been moved to the southeast corner of the project.
Member Edwards asked for information about convenience stores. Mrs. Clark
indicated since 1987 approximately 14 stores had been approved. There were
approvals, as yet unbuilt, for three additional stores.
Rene Clements Cooney, a member of the Woodlands Neighborhood Association,
presented two petitions: one against the commercial development totally, and
one which opposed only the convenience store.
Joan Seeman, 613 Larkbunting Drive, President of the Woodlands Neighborhood
Association, reiterated the environmental concerns. Fifty-seven leaks had been
identified by complaints and double containment and continuous monitoring
might not be enough.
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