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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2005 - RESOLUTION 2005-041 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: May3, 2005 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Resolution 2005-041 Finding Substantial Compliance and Initiating Annexation Proceedings for the Airpark Village Annexation. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The Airpark Village is 147.83 acres in size. The site is existing privately owned airport located north of East Lincoln Avenue, south of East Vine Drive and west of Timberline Road. Contiguity with the existing municipal boundary is gained along portions of the west and east property lines. The east property line abuts the Dry Creek Subdivision. The proposed Resolution states that it is the City's intent to annex this property and directs that the published notice required by State law be given of the Council's hearing to consider the needed annexation ordinance. The hearing will be held at the time of First Reading of the annexation and zoning ordinances on June 7, 2005. Not less than 30 days prior, published notice is required by State law. BACKGROUND This is a 100% voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. ATTACHMENTS 1. Vicinity Map 2. Annexation Petition ATTACHMENT 1 IR &RK LMN T ISTA M�RK - T 7 LM ------Ii MMIN 0 OR C JJ L w E MULBERRY ST ------- FROMD----I- p OL AGER C tz�� -CC-RF . . ........ C POL hL -- -� j j r i1\#16-05 Airpark Village Annexation and Zoning 1 4/5/2005 1 inch: 1000 feet ATTACHMENT Statement of Principles and Policies & Consistency with the City Structure Plan for the Airpark Village Annexation Summary of Request As part of the Airpark Village Annexation, we request to change the land use designation of the property being annexed from Industrial District to Employment District. The applicable land use designation has been established in the East Mulberry Corridor Plan's "Framework Overlay Plan,"which is translated into the City Structure Plan. This request is to amend the land use designation on both the East Mulberry Plan's"Framework Overlay Plan,"and the City Structure Plan. Criteria to Amend the Framework Overlay Plan and the City Structure Plan (Appendix C of City Plan) A plan amendment will be approved if the City Council makes specific findings that: • The existing City Plan and/or any related element thereof is in need of the proposed amendment; and • The proposed plan amendment will promote the public welfare and will be consistent with the vision, goals,principles and policies of City Plan and the elements thereof Justification to Amend the Framework Overlay Plan and the City Structure Plan 1. The EMCP is in need of being amended for the following reasons: a. From July 2004 through February 2005,the developer conducted a series of neighborhood meetings which involved the neighboring property owners in deciding appropriate uses, intensities, street configurations,and massing&scale of buildings for the redevelopment. Through this process,the development team, together with input from the neighboring property owners, did a much more comprehensive analysis of future development scenarios of the airport site (and adjacent properties)than was done as part of the EMCP process. Summaries of 1 these public meetings can be found on the project's website at http://www.airr)arkvilla eg com. 2. The proposed amendments to the EMCP plan will promote the public welfare. a. The public welfare is served by providing jobs and housing in balance with one another, especially when provided in close proximity to one anther in the same neighborhood. A balance of jobs and housing within a development provides housing opportunities for new workers generated by the new jobs. When these are provided within the same neighborhood,the opportunity for workers to live in close proximity to their place of employment is enhanced. 3. The proposed amendments to the EMCP plan will be consistent with the vision, goals, principles and policies of City Plan and the EMCP. a. Principle EMC.LU-1 Future residential neighborhoods will be integrated with existing residential subdivisions, and be within close proximity to shopping,recreation and employment destinations. b. Principle EMC.LU-2 The East Mulberry Corridor study area will support quality employment districts for a variety of primary workplaces and supporting uses. c. Policy EMC.LU-3.1 Employment districts will include the development of planned office and business parks that promote quality design and construction of buildings,outdoor spaces,transportation facilities and streetscapes. They should encompass the development of workplaces consistent with the availability of public facilities and services and should continue the vitality and quality of life in adjacent residential neighborhoods. d. Policy EMC.LU-3.2 The Employment District's primary uses will include offices and institutions, light industrial uses and research and development activities. e. Principle EMC.LU-4. The East Mulberry Corridor study area supports the retention of existing industrial and agricultural business uses and their future expansion. f. Policy EMC.LU-4.1. Existing and future industrial uses will be supported and focused along I-25 frontage and around the Fort Collins Downtown Airport area. We are proposing changing the land use designation on the"Overlay Framework Plan" within the EMCP from Industrial to Employment. There's enough of an overlap between the industrial type uses allowed in both Employment and Industrial zoning 2 districts,that,by changing the designation,the above Principles and Policies continue to be promoted. Industrial uses permitted in each zone are as follows: Employment Zone Industrial Zone Permitted Industrial Urea: Permitted krdrstrlal thee: • Light industrial uses, • Light industrial uses, • Research laboratories, • Heavy industrial uses, • Warehouses, Recycling facilities, Composting facilities, Research laboratories, Warehouse and distribution facility, Warehouses, • Dry-cleaning plants. • Composting facilities, Workshops and custom small • Warehouse and distribution facility, industries • Dry-cleaning plants, Workshops and custom small industries, • Recreational vehicle,boat and truck storage, outdoor storage facility, • Resource extraction,processes and sales establishments, • Junk Yards, Airports and airstrips, • Transport terminals(truck terminals,public works yards,container storage), Farm implement and heavy equipmentsales. 3 IMPLEMENTATION 10 z' a J � f I Il 3 T..j •T. I�i ku}4 a O. �c RyF. 0 S s„ L ' O z a PTO • E i :8 f2 aurasrn ,!a fit 3 3 6 LC7 litff{4r�efr{ 11 1 I East Mulberry Corridor Plan 159 ' PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Collins, Coqlorado for the annexation of an are, to be referred to as the wrK V;11 Annexation to the City of Fort Collins. Said area, co sisting of approximately hu (i`#8 ) acres, is more particularly described on Attachment"A,"attached hereto. The Petitioners allege: 1. That it is desirable and necessary that such area be annexed to the City of Fort Collins. 2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been met. 3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the boundaries of the City of Fort Collins. 4. That a community of interest exists between the area proposed to be annexed and the City of Fort Collins. 5. That the area to be annexed is urban or will be urbanized in the near future. 6. That the area proposed to be annexed is integrated with or capable of being integrated with the City of Fort Collins. 7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the area and own more than fifty percent(50%) of the area to be annexed, excluding public streets, alleys and lands owned by the City of Fort Collins. 8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the"Subdistrict") pursuant to§37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners' property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners' lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area be placed in the E�Zone District pursuant to the Land Use Code of the City of Fort Collins. (Check box I applicable).The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the conwriencement of the roll cad of the City Council for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing tris Petition represent that they own the portion(s)of the area described on Attachment"A"as more particularly described below A tract of land situate in the County of Larkner, State of Colorado, to-wit: INSTRUCTIONS: INSERT HERE the legal description of irrdihridual pan, or g onlyownership, type "See Legal Description on ftachmwd A." feeac�lect l • al �t � ir�a,^ � ep IN WITNE WHEROF, I/we have executed this Petition for Annexation this day of crr�lY� ,�i.P/✓�rcK Petitioner's/Omer's Signature Pel tionor'sfOwnWs Address Address City State Zip City State zip hP AIRPARK PROPERTY PARCEL I 21 acres LEGAL DESCRIPTION: A tract of land situate in Section 7 and the West '/2 of Section 8, Township 7 North, Range 68 West of the 6a'P.M., County of Larimer, State of Colorado, which considering the North line of the said West ''/2 of Section 8 as bearing S89128'51"E with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 16°38'59"W 4367.77 feet from the North '/4 comer of said Section 8 and run thence N51°50'1TV 1963.88 feet; thence S89°29'03"E 1546.13 feet; thence S00005'3I"W 1199.54 feet to the point of beginning,containing 21.2878 acres more or legs. AND PARCELS 2 THROUGH 7 80 acres LEGAL DESCRIPTION: A tract of land situate in Section 7 and the West %:of Section 8,Township 7 North, Range 68 West of the 6t'P.M., County of Larimer, State of Colorado,which considering the North line of the said West ''/Z of Section 8 as bearing S89028'51"E with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S16038'59"W 4367.77 feet from the North %4 corner of said Section 8 and run thence S00°17'O1"W 687.33 feet;thence N59°04'02"W 269.73 feet;thence S38007'20"W 228.76 feet,thence N47°23'45"W 9.55 feet;thence N51°54'51"W 1001.57 feet;thence N38°46'56"E 237.17 feet;thence N51047'2TV 921.52 feet; thence along the arc of a 100.00 foot radius curve to the left a distance of 139.63 feet,the long chord of which bears NI 1°47'27"W 128.56 feet;thence N52001'54"W 882.40 feet; thence along the arc of a 54.02 foot radius curve to the right a distance of 31.34 feet, the long chord of which bears N35°13'30"W 30.90 feet; thence along the are of a 294.40 foot radius curve to the left a distance of 131.87 feet,the long chord of which bears N31°26'1 TV 130.77 feet;thence S27°41'00"W 85.85 feet; thence along the arc of a 214.40 foot radius curve to the left a distance of 56.27 feet,the long chord of which bears N44043'05"W 56.10 feet; thence N52°20'51"W 1462 .19 feet;thence S11°29'50"E 37.15 feet; thence N52°03'36"W 489.66 feet;thence N52°08'56"W 599.99 feet;thence N37043'58"E 107.72 feet; thence N52°04'42"W 913.48 feet;thence N88°32'50"E 1505.93 feet;thence S00°18'06"E 970.25 feet; thence S54°55'12"E 756.19 feet; thence S53045'02"E 297.64 feet; thence S71007'07"E 354.20 feet;thence S70030'38"E 14.97 feet; thence S55°19'34"E 1260.04 feet; thence S51°50'17"E 1963.88 feet to the point of beginning, containing 79.8304 acres more or less. (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the commencement of the roll call of the City Camel for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s)of the area described on Attachment"A'as more particularly described below: A tract of land situate in the County of Larimer, State of Colorado, to wit: INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only ownership, type "See Legal Description on Attech men t 'A'." /jee o+ttq(lnvwet ' IiN�aid pia y IN WITNE WHEROF, I/we h executed this Petition for Annexation this day of Petitioner's/ er's Signature Petitioner's/Owner's Signature Address Address a a -Q City State Zip/1C/671ty State Zip KINCAID PROPERTY LEGAL DESCRIPTION: A tract of land situate in Section 7, and in the West %2 of Section 8, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the North line of the said West %of Section 8 as bearing S89°28'5I"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S16°38'59"W 4367.77 feet, and again N51°50'17"W 1963.88 feet from the North Y<corner of said Section 8, and run thence N55°19'35"W 1260.04 feet,thence N70°30'39W 14.97 feet;thence N71°07'07"W 354.20 feet;thence N53044'03"W 297.64 feet; thence N35°25'40"E 491.85 feet;thence S55°19'54"E 2495.80 feet;thence N89°28'44"W 712.48 feet to the point of beginning, containing 21.2917 acres,more or less, and being subject to all easements and rights-of-way which are existing or are of record or as shown on this plat. ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANEXATION A tract of land situate in Sections 7 and 8, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, which, considering the North line of the West 1/2 of said Section 8 as bearing S89°28'5I"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 16°38'59"W 4367.77 feet from the North 1/4 Corner of said Section 8, and run thence S00°1 T01"W 687.33 feet to the Northeast Comer of Lot 3 of the Replat of Lot 1, Fort Collins Community Airpark Subdivision; thence along the Northerly line of said Lot 3,N59°04'20"W 269.73 feet;thence S38°0712011W 228.23 feet to a point on the Northerly right-of-way line of Airway Avenue; thence S400482611W 100.00 feet to a point on the Southerly right-of-way line of Airway Avenue; thence along said Southerly right-of-way line, along the arc of a 100.00 foot radius curve to the left a distance of 4.77 feet,the long chord of which bears N50°3247"W 4.77 feet,and again N51°54'51"W 1002.79 feet; thence N38°46'56"E 337.18 feet to the Northeast Corner of Lot 29, Fort Collins Community Airpark Subdivision; thence along the Northerly line of said Fort Collins Community Airpark Subdivision,N51°47'27"W 921.48 feet to a point on the Easterly right-of-way line of Airpark Drive; thence along said Easterly right-of-way line, along the arc of a 100.00 foot radius curve to the right a distance of 17.45 feet,the long chord of which bears S33°12'32"W 17.43 feet;thence N51°47'33"W 100.00 feet to a point on the Southerly right-of-way line of Airpark Drive; thence along said Southerly right-of-way line, along the arc of a 20.00 foot radius curve to the left a distance of 31.36 feet,the long chord of which bears N06°5849"W 28.26 feet, and again N52001'54"W 862.28 feet,and again along the arc of a 134.02 foot radius curve to the right a distance of 77.75 feet, the long chord of which bears N35°13'30"W 76.66 feet, and again along the are of a 214.40 foot radius curve to the left a distance of 125.62 feet, the long chord of which bears N35024'16"W 123.84 feet; thence along the Northerly line of the Second Replat of the Fort Collins Industrial Park,N52°20'5I"W 1462.19 feet to the Northwest Corner of Lot 106A of the 3rd Replat of Fort Collins Industrial Park; thence along the West line of said Lot 106A, S00°23'41"E 30.80 feet;thence along the Northerly line of Lot 12 of the Replat of Lots 11 through 17, Fort Collins Business Center 1 st Filing,N52003'36"W 480.54 feet; thence along the Northerly line of Fort Collins Business Center 2nd Filing,N52°08'56"W 599.99 feet;thence N37°43'58"E 107.72 feet; thence N52°04'42"W 913.48 feet; thence N88°32'50"E 1505.93 feet to the Northeast Corner of Tract S, Dry Creek Minor Subdivision; thence along the Westerly line of said Tract S, S00°1810611E 171.84 feet, and again N88°14'S7"E 422.85 feet, and again S55°25'36"E 400.19 feet, and again S00°00'36"W 510.00 feet; thence along the Southerly line of said Dry Creek Minor Subdivision, S550 19'53"E 1778.89 feet to the Southeast Comer of said Dry Creek Minor Subdivision;thence along the East line of said Dry Creek Minor Subdivision,N00006'35"E 121.43 feet to a point on the Northerly right-of-way line of International Boulevard;thence along said Northerly right-of-way line, S55°19'53"E 945.07 feet, and again S89°29'21"E 802.17 feet; thence S00°05'31"W 1299.48 feet to the point of beginning, containing 147.8331 acres, more or less, and being subject to all easements and rights-of-way which are existing or are of record or as shown on this plat. ATTACHMENT"t;" STATE OF COLORADO ) )ss. COUNTY OF LARIMER ) The undersigned, being first duly sworn upon his oath states: That he was the circulator of the attached Petition for Annexation and that each signaahre therein is the signature of the person whose name it purports to be. Chwist"SigrWure Subscribed and swom to before me this 24 day of NI AV-CA 2005, by I,LO`(�TM GO$:!'- WITNESS my hand and official seal. L ComWssidn Expiration N_W(ary Pub 78 LE,` G� ,.;. w= ; ti_2©95 16,59 SCHLLETNe' ':�n IEyZ R06S. p',et 6ITTACHMENT"C" ♦z!'ORNEY CEATIRONnON '-1,;.�—, an attomey Homed to Colorado, here ca P lb the State of hY rtiffy that,as of the date >i :t"9 r TrWe, "m slOnets of this Aram*ton Pefltit n fr fi the Kl�referred to as tt�e i �-: t- Fort G;Oahs are the owners of real arty fze er�s � - A.nnexatfon to the G(y n'r that said owners constitute more than 60°k proposed far annexation. Furthermore. Irfff, said area is K "downers In the area proposedfor annemn.,a t described an AHachrrrent R a >Ki Annerxatbo Petipm, arKl rnm more land in said area.exclt;�yi "of Strapte Onl th3rr SO°6 the signature Affomey t#e�.tJci TIDTR- RESOLUTION 2005-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE AIRPARK VILLAGE ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Airpark Village Annexation; and WHEREAS, the Council of the City of Fort Collins desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby accepts the annexation petition for the Airpark Village Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in Sections 7 and 8,Township 7 North,Range 68 West of the Sixth P.M.,County of Larimer, State of Colorado,which,considering the North line of the West 1/2 of said Section 8 as bearing S89°28'51"E and with all bearings contained herein relative thereto,is contained within the boundary lines which begin at a point which bears S 16°38'59"W 4367.77 feet from the North 1/4 Corner of said Section 8, and run thence S00`1 TO "W 687.33 feet to the Northeast Corner of Lot 3 of the Replat of Lot 1,Fort Collins Community Airpark Subdivision; thence along the Northerly line of said Lot 3, N59°04'20"W 269.73 feet; thence S38°07'20"W 228.23 feet to a point on the Northerly right-of-way line of Airway Avenue; thence S40°48'26"W 100.00 feet to a point on the Southerly right-of-way line of Airway Avenue;thence along said Southerly right-of-way line,along the arc of a 100.00 foot radius curve to the left a distance of 4.77 feet, the long chord of which bears N50°32'47"W 4.77 feet, and again N51°54'51"W 1002.79 feet; thence N38°46'56"E 337.18 feet to the Northeast Corner of Lot 29, Fort Collins Community Airpark Subdivision;thence along the Northerly line of said Fort Collins Community Airpark Subdivision,N51°47'27"W 921.48 feet to a point on the Easterly right-of-way line of Airpark Drive; thence along said Easterly right-of-way line, along the arc of a 100.00 foot radius curve to the right a distance of 17.45 feet,the long chord of which bears S33°12'32"W 17.43 feet; thence N51°47'33"W 100.00 feet to a point on the Southerly right-of-way line of Airpark Drive; thence along said Southerly right-of- way line, along the arc of a 20.00 foot radius curve to the left a distance of 31.36 feet,the long chord of which bears N06°58'49"W 28.26 feet,and again N52°01'54"W 862.28 feet, and again along the arc of a 134.02 foot radius curve to the right a distance of 77.75 feet, the long chord of which bears N35°13'30"W 76.66 feet, and again along the are of a 214.40 foot radius curve to the left a distance of 125.62 feet, the long chord of which bears N35°24'16"W 123.84 feet;thence along the Northerly line of the Second Replat of the Fort Collins Industrial Park,N52°20'51"W 1462.19 feet to the Northwest Corner of Lot 106A of the 3rd Replat of Fort Collins Industrial Park; thence along the West line of said Lot 106A, S00°23'41"E 30.80 feet; thence along the Northerly line of Lot 12 of the Replat of Lots 11 through 17, Fort Collins Business Center 1st Filing, N52°03'36"W 480.54 feet; thence along the Northerly line of Fort Collins Business Center 2nd Filing,N52°08'56"W 599.99 feet; thence N37`43'58"E 107.72 feet; thence N52°04'42"W 913.48 feet; thence N88°32'50"E 1505.93 feet to the Northeast Corner of Tract S, Dry Creek Minor Subdivision; thence along the Westerly line of said Tract S, S00°18'06"E 171.84 feet, and again N88°14'57"E 422.85 feet, and again S55°25'36"E 400.19 feet, and again S00`00'36"W 510.00 feet; thence along the Southerly line of said Dry Creek Minor Subdivision, S55°19'53"E 1778.89 feet to the Southeast Comer of said Dry Creek Minor Subdivision;thence along the East line of said Dry Creek Minor Subdivision, N00°06'35"E 121.43 feet to a point on the Northerly right-of-way line of International Boulevard;thence along said Northerly right-of-way line,S55°19'53"E 945.07 feet, and again S89°29'21"E 802.17 feet; thence S00°05'31"W 1299.48 feet to the point of beginning,containing 147.8331 acres,more or less,and being subject to all easements and rights-of-way which are existing or are of record or as shown on this plat. Section 2. That the Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date,time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 3rd day of May, A.D. 2005. Mayor ATTEST: City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Airpark Village Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on June 7,2005,at the hour of 6:00 p.m.,or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado,the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the "E" Employment Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 3rd day of May, A.D. 2005. City Clerk