HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2005 - ITEMS RELATING TO THE STATE HIGHWAY 14 -- EAST FRO ITEM NUMBER: 7
AGENDA ITEM SUMMARY DATE: November15, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the State Highway 14—East Frontage Road Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 086, 2005, Annexing Property Known as the State
Highway 14—East Frontage Road Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 087,2005,Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the State Highway 14
—East Frontage Road Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 35.86 acres in size.
The site is located on the east side of the 1-25 East Frontage Road approximately one-quarter mile
south of State Highway 14(East Mulberry Street). Contiguity with the existing municipal boundary
is gained along the entire southern boundary which is shared with the north property line of the
Galatia Annexation (230 acres). The annexation does not include the westerly 11.3 acres located
along the Frontage Road and mostly in the Boxelder Creek floodplain. The recommended zoning
is L-M-N, Low Density Mixed-Use Neighborhood which is in conformance with the I-25 Sub Area
Plan.
Ordinance Nos.086 and 087,2005,were unanimously adopted on First Reading on August 16,2005.
ORDINANCE NO. 086, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
STATE HIGHWAY 14 EAST FRONTAGE ROAD ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2005-070,finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS, the Council does hereby find and determine that it is in the best interests of the
City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
Lot 2, Lee M.L.D. No. 04-S2309, County of Latimer, State of Colorado, containing
35.8638 acres, more or less.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the State
Highway 14 East Frontage Road Annexation, which annexation shall become effective in
accordance with the provisions contained in Section 31-12-113, C.R.S., including, without
limitation, all required filings for recording with the Latimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains,sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 16th day of
August,A.D. 2005,and to be presented for final passage on the 15th day of November, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of November, A.D. 2005.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 087, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE STATE HIGHWAY 14 EAST FRONTAGE ROAD ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the
property which is the subject of this ordinance, and has determined that the said property should be
zoned as hereafter provided.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the State Highway 14 East Frontage Road Annexation to the City of Fort
Collins, Colorado, in the Low Density Mixed-Use (LMN) Zone District, which property is more
particularly described as situate in the County of Larimer, State of Colorado, to wit:
Lot 2, Lee M.L.D. No. 04-S2309, County of Larimer, State of Colorado,containing
35.8638 acres, more or less.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-
described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 16th day of
August, A.D. 2005, and to be presented for final passage on the 15th day of November, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of November, A.D. 2005,
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 13 A-C
AGENDA ITEM SUMMARY DATE: August 16, Zoos
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the State Highway 14 -East Frontage Road Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Public Hearing and Resolution 2005-086 Setting Forth Findings of Fact and
Determinations Regarding the State Highway 14—East Frontage Road Annexation.
B. First Reading of Ordinance No 086,F'2065, Annexing Property Known as the State
Highway 14—East Frontage Road Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 087, 2005, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the State Highway
14—East Frontage Road Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 35.86 acres in size.
The site is located on the east side of the I-25 East Frontage Road approximately one-quarter
mile south of State Highway 14 (East Mulberry Street). Contiguity with the existing municipal
boundary is gained along the entire southern boundary which is shared with the north property
line of the Galatia Annexation (230 acres). The annexation does not include the westerly 11.3
acres located along the Frontage Road and mostly in the Boxelder Creek floodplain. The
recommended zoning is L-M-N, Low Density Mixed-Use Neighborhood which is in
conformance with the I-25 Sub Area Plan.
BACKGROUND
The property is located within the Growth Management Area. According to the policies and
agreements between the City of Fort Collins and Latimer County contained in the
Intergovernmental Agreement for the City of Fort Collins Growth Management Area ("IGA"),
the City will agree to consider annexation of property in the GMA when the property is eligible
for annexation according to State law.
The parcel gains the necessary one-sixth contiguity along the entire south property line. Of the
total perimeter boundary, the parcel has 31.63% contiguity with the city limits. This
August 16, 2005 -2- Item No. 13 A-C
substantially exceeds the required minimum of 16.66% (one-sixth). The parcel, therefore,
complies with the requirements of the IGA and is eligible for annexation.
This is a 100% voluntary annexation for "a""property located thin the Growth Management
Area. The property satisfies the re """reme that no less tan one-sixth of the perimeter
boundary be contiguous to the existin City uridary. The recommended zoning of L-M-N,
Low Density Mixed-Use Neighborhood, is compliance with the City's Comprehensive Plan,
Structure Plan Map and the I-25 Sub Area Plan. Staff recommends the parcel be placed within
the Residential Neighborhood Sign District.
The subject parcel was legally divided in the County and described as Lot Two of the Lee Minor
Land Division. (The westerly 11.3 acres are described as Lot One and not a part of the
annexation.)
The Initiating Resolution was considered by City Council on July 5, 2005 and approved. On
July 21, 2005, the Planning and Zoning Board voted 5 —2 to annex the property, to place into the
L-M-N zone and to include in the Residential Neighborhood Sign District.
Consistency with Existing Policies
According to the policies andjaeement�tween the*City of Fort Collins and Latimer County,
contained in the amended ( ember 21, 2000) I City will agree to consider for
annexation property in the GA. when such;prerty isgible for annexation according to
State law. According to SectiA of the I.G.A., as amended:
"It is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in
Section 8(B), the City agrees to consider the annexation of any parcel or parcels
of land located within the GMA which are eligible for voluntary annexation
pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes."
The surrounding zoning and land uses are as follows:
N: County — C Commercial, FA-1 Farming; Partially developed commercial (Interchange
Business Park) and residential (Waterdale Subdivision—a.k.a. "Sunflower")
S: City — I Industrial and U-E Urban Estate; Vacant (Galatia Annexation, 230 acres,
includes 100 acre Poudre-chool District prey)
E: County— R-1 Residential; Existing resi niial (Clydesdale Subdivision)
W: County—C Commercial; Vacant (Lot One, Lee Minor Land Division)
One of the stated intents of the IGA is to have urban development occur within the City in order
that the provision of urban level services by the County would be minimized. This is a 100%
voluntary annexation. The parcel is not an enclave. On July 5, 2005, City Council approved a
Resolution which accepted the annexation petition and established that the petition is in
compliance with State statutes.
August 16, 2005 -3- Item No. 13 A-C
Consistency with the I-25 Sub Area Plan
A. City Plan Principles and Policies
As mentioned, the parcel is tained ithin the I-25�Sub.Area Plan. This sub-area plan is a
component of the I-25 Regio 1 Communities Corridor Plan which was adopted by the City
Council in November of 2001. he I-25 Sub Area than was adopted on August 19, 2003.
City Plan Principle LU-4 states:
"More specific subarea planning efforts will follow adoption of these City Plan
Principles and Policies which tailor City Plan's city-wide perspective to
individual neighborhoods, districts, corridors and edges. "
City Plan Policy LU-4.5 states:
"The following areas have been identified as priority for future subarea
planning:
• 1-25 Corridor
• Mountain Vista
• East Mulberry ,
• Fossil Creek R� rvoirArea"
B. L-M-N Zoning
The 1-25 Sub Area Plan calls for a mix of neighborhoods and densities. The Plan states:
"The Low Density Mixed-Use Neighborhood classification represents, for the
most part, existing residential neighborhoods that were developed in
unincorporated Lorimer County, and located within 112 mile both north and south
of Mulberry Street (Highway 14), including some manufactured housing
developments. The Mulberry Street corridor is more urban in character than
other areas within the sub area and the proposed densities offive (5) to eight (8)
units per acre in the Low Density Mixed-Use Neighborhood classification are in
keeping with existing development. Two undeveloped properties, east of 1-25, are
included in the low density neighborhood classification; one (35 acres) is located
north of East Mulberry Strea i ertely:reast of the loverleaf Mobile Home
Park, and the other (4;'acres) ' locat within 112 mile south of East Mulberry
Street, with its western border a lacent io Boxelder Creek. "
The entire 35.86 acres are located within 1/2 mile of East Mulberry Street. The parcel is
contiguous to two County residential subdivisions. Therefore, the applicant has applied for L-
M-N zoning in conformance with the 1-25 Sub Area Plan.
August 16, 2005 -4- Item No. 13 A-C
C. Boxelder Creek
The Sub Area Plan identifies the 100-year floodplain of Boxelder Creek as a valuable open land
amenity within the corridor. Boxelder Creek rgu,nsgor%t outh immediately to the west of the
subject parcel parallel to the Frontage Road. This .east n prart of the annexation.
Zonine ...... ..tom.
The Planning and Zoning Board voted 5 — 2 to recommend placement into the Low Density
Mixed-Use Neighborhood zone district. According to the Land Use Code:
g g
"This district is intended to be a be a setting for a predominance of low density
housing combined with complementary and supporting land uses that serve a
neighborhood and are developed and operated in harmony with the residential
characteristics of a neighborhood. The main purpose of the District is to meet a
wide range of needs of everyday living in neighborhoods that include a variety of
housing choices, that invite walking to gathering places, services and
conveniences, and that are fully integrated into the larger community by the
pattern of streets, blocks, and other linkages. A neighborhood center provides a
focal point, and attractive walking and biking paths invite residents to enjoy the
center as well as the small neighborhood parks. Any ripw development in this
District shall be arrangl to form,part of an individual neighborhood.
Typically, Low Density Neighborhoods will be clustered around and integral with
a Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial
Center at its core. For the purposes of this Division, a neighborhood shall be
considered to consist of approximately eighty (80) to one hundred sixty (160)
acres, with its edges typically consisting of major streets, drainageways, irrigation
ditches, railroad tracks and other major physical features."
In addition, the Planning and Zoning Board recommended the parcel be placed within the
Residential Neighborhood Sign District which was created for the purpose of regulating signs for
non-residential uses in certain geographic locations of the City. The applicant is in agreement
with this designation.
Compliance with State Law
As mentioned, the annexation ha 63%~0 itser-imetel boundary contiguous with existing
City limits which exceeds the require a-six asInandatedab/State law. Further, the parcel is
found to have a community f intere .with e City and the parcel is expected to urbanize
shortly. ..
Findings of Fact/Conclusion
In evaluating the request for the State Highway 14 — East Frontage Road Annexation and
Zoning, staff makes the following findings of fact:
i
August 16, 2005 -5- Item No. 13 A-C
A. The annexation of this parcel is consistent with the policies and agreements between
Latimer County and the City of Fort Collins, as contained in the amended IGA.
B. The parcel meets all criteria included-in State law to qualify for annexation by the City of
Fort Collins.
C. The requested zone >rwt," L-M-N;'Lo Densi AMixed-Use Neighborhood, is in
conformance with the City's Comprehensive Plan (I-25 Sub Area Plan) and the City
Structure Plan Map.
D. The Planning and Zoning Board recommended the parcel be placed within the
Residential Neighborhood Sign District.
E. On July 5, 2005, City Council approved the Resolution which accepted the annexation
petition and determines that the petition is in compliance with State law.
Plannin$ and Zonin$ Board Recommendation
On July 21, 2005, the Planning and Zoning Board voted 5 — 2 to recommend annexation into the
municipal boundary, placement into the L-M-N zone district and inclusion into the Residential
Sign District.
The reason for the two dissenting votes was tPPerelino
s co ern that the westerly 11.3 acres,
legally divided in the County as-Lot"O b ofle- .and Division, were not included
within the annexation boundary.
ATTACHMENTS
1. Vicinity Map