HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/04/1999 - ITEMS RELATING TO THE WYKOFF-LARIMER SECOND ANNEXA TIM
37
ITEM NUMBER: .3 A-C
AGENDA ITEM SUMMARY
DATE: May 4, 1999
FORT COLLINS CITY COUNCIL STAFF: Bob Blanchard
SUBJECT:
Items Relating to the Wykoff-Larimer Second Annexation and Zoning.
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Resolution and of the
Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 99-51 Setting Forth Findings of Fact and Determinations Regarding the Wykoff-
Larimer Second Annexation.
B. First Reading of Ordinance No.69, 1999,Annexing Property Known as the Wykoff-Larimer
Second Annexation to The City of Fort Collins.
C. First Reading of Ordinance No. 70, 1999, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Wykoff-Larimer
Second Annexation.
I
This is a request for the voluntary annexation of 14.47 acres of land located north of County Road
38E, west of Taft Hill Road. The site is currently zoned FAl —Farming in Larimer County. The
requested zoning is LMN — Low Density Mixed Use Neighborhood. This zoning requires an
amendment of the City Structure Plan from Rural Open Lands and River Corridor and Urban Estates
to Low Density Mixed Use Residential. Staff is not supporting the Structure Plan Amendment. The
recommended zoning is RF—Residential Foothills.
APPLICANT: Bret Larimer
1600 West Horsetooth Road
Fort Collins, CO 80526
OWNERS: Rex W. and Amender F. Wykoff
2916 W. County Road 38E
Fort Collins, CO 80526
After hearing this matter at its April 20, 1999 regular meeting,Council postponed these items to this
date for further consideration and action.
DATE: May 4, 1999 2 ITEM NUMBER: 37 A-C
BACKGROUND:
The Wykoff-Larimer Second Annexation is a voluntary annexation consisting of 14.47 acres. The
property is located north of County Road 38 E, approximately .75 miles west of Taft Hill Road.
The site is currently zoned FAl —Farming in Latimer County. A combined Annexation Impact
Report for this annexation as well as the adjacent annexation to the north was forwarded to the
Board of County Commissioners on March 2, 1999.
This is a voluntary annexation, located within the Urban Growth Area(UGA) of the City of Fort
Collins. The City may annex property located within the UGA provided that the property has 1/6
contiguity with the existing City limits. The Wykoff-Larimer Second Annexation complies with
this requirement. The property has 728 feet of its total boundary of approximately 4,090 feet
contiguous to the proposed annexation area to the north. This exceeds the minimum 695 feet
required to achieve 1/6 contiguity.
Contiguity to existing City limits is gained from the common boundary to the north which is the
subject of the Wykoff-Larimer First Annexation.
The surrounding zoning and land uses are as follows:
N: FAl —Farming (County), Proposed Wykoff-Larimer Fist Annexation
E: FAl —Farming (County)
S: County Road 38E, Rock View PUD (County)
W: FAl —Farming (County)
Structure Plan Amendment
The requested zoning of LMN—Low Density Mixed Use Neighborhood, is inconsistent with the
City Structure Plan designation for this site (Rural Open Lands and Stream Corridors and Urban
Estates). Before considering the requested LMN zoning, a Structure Plan amendment to Low
Density Mixed Use Residential is required. The applicant has submitted application for the
amendment which is attached.
The subject property, as well as the proposed annexation to the north (which is designated Rural
Open Lands and Stream Corridors ) is near the western edge of the Urban Growth Area. The
applicant has submitted justification for the Plan amendment citing CityPlan Principles and
Policies which focus on the concept of creating a compact development pattern within the City and
the benefit derived from that type of development. Specifically, the applicant has referred to
Principles and Policies pertaining to minimizing auto dependency,reducing vehicle miles traveled,
providing for a variety of housing types and densities, preservation of natural areas, new
neighborhoods and Low Density Mixed Residential next to open lands.
Neither the Planning and Zoning Board nor the staff support the request for a Structure Plan
amendment based on many of the same Principles and Policies supporting the retention of the Rural
Open lands and Stream Corridors designation on the subject property (as well as the Rural Open
Lands and Stream Corridors to the north). These include:
HSG 1.1: The City will encourage a variety of housing types and densities......
pwng
DATE: May 4, 1999 3 ITEM NUMBER: 37 A-C
This Policy recognizes that there should be a variety of lot sizes, housing types and
residential densities. The provision of low density housing, which would implement the
Rural Open Lands and Stream Corridors and Urban Estates Plan designations at the edge of
the City meets this requirement.
NOL 1.2: The City will conserve and integrate natural areas into the developed landscape
by directing development away from sensitive areas and using innovative planning,
design and management practices....
Retention of the existing Structure Plan designations and the implementation of appropriate
zone districts(Residential Foothills and Urban Estates) provide the best opportunity for the
conservation of the natural areas associated with the combined annexations including the
area adjacent to and north of Spring Creek.
AN 1.1 ...In a Residential District, Low Density Mixed-Use Neighborhoods will be located
around a Medium Density Mixed-Use Neighborhood which has a Neighborhood Commercial
Center or Community Commercial District as its Core. This provides nearby access to most
things a resident or household needs on an everyday basis.
The subject property is located near the edge of the City and Urban Growth Area. While
there is a convenience commercial development at the comer of County Road 38E and Taft
Hill Road,the property is located approximately two road miles from the nearest designated
or developed Neighborhood Commercial area. This distance does not fit the description of
Low Density Mixed Use Residential areas being in close proximity to commercial
developments.
Zonin :
The property is currently zoned FA —Farming in Larimer County. The requested zoning is LMN
— Low Density Mixed Use Neighborhood. However, this zoning is not consistent with the City
Structure Plan which designates the property Rural Open Lands and Stream(see attached Structure
Plan map).
There are two zoning districts which could implement the Structure Plan designation: UE—Urban
Estate and RF—Residential Foothills, especially when this annexation is considered together with
the proposed annexation to the south. Staff is recommending the RF zoning district.
The purpose of the RF zoning district is for low density residential areas located near the foothills.
In addition to the location of the property near the foothills,the presence of Spring Creek bisecting
the property subject to the combined annexations and the designation of the northern portion as Rural
Open Lands and Stream Corridors tends itself to a district that allows the clustering of residential
units while maintaining an overall low density. The minimum lot area in the RF zoning district is
100,000 square feet(2.29 acres).
However, the Planning and Zoning Board can approve a development plan where lot sizes are
reduced in order to cluster development on a portion of the property with the remainder permanently
preserved as public or private open space provided the overall density for the entire property is not
greater than one unit per net acre. There are specific development standards in the Land Use Code
for reviewing RF cluster plans. While the cluster plan would allow a higher density within the actual
development than anticipated by the Urban Estate Structure Plan designation, the potential for
DATE: May 4, 1999 4 ITEM NUMBER: 37 A-C
clustering development and maintaining the area north of Spring Creek in permanent open space
clearly implements the intent of the Structure Plan.
PLANNING AND ZONING BOARD RECOMMENDATION:
On February 4, 1999, the Planning and Zoning Board, by a vote of 4-0, recommended that the
Council approve the request for annexation,deny the request for a City Structure Plan amendment
and approve the zoning of RF—Residential Foothills.
RESOLUTION 99-51
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE WYKOFF-LARIMER SECOND ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Wykoff-Larimer Second Annexation; and
WHEREAS, following Notice given as required by law,the Council has held a hearing on
said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the Council hereby finds that the petition for annexation complies with
the Municipal Annexation Act.
Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
• urbanized in the near future;and that said property is integrated with or is capable of being integrated
with the City.
Section 3. That the Council further determines that the applicable parts of said Act have
been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with said Act.
Section 5. That the Council concludes that the area proposed to be annexed in the
Wykoff-Larimer Second Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
4th day of May, A.D. 1999.
Mayor
ATTEST:
City Clerk
• ORDINANCE NO. 69, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
WYKOFF-LARIMER SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 99-25, 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:
A TRACT OF LAND SITUATE IN THE WEST %2 OF SECTION 33,TOWNSHIP
7 NORTH, RANGE 69 WEST OF THE 6"' P.M., COUNTY OF LARIMER,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
• FOLLOWS:
CONSIDERING THE WEST LINE OF THENORTHWEST'/4 OF SAID SECTION
33 AS BEARING N 00000'00" E AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO: BEGINNING AT THE NORTHWEST 1/16
CORNER OF SAID SECTION 33;THENCE ALONG THE EAST LINE OF THE
SOUTHWEST ''/4 OF THE NORTHWEST ''/4 OF SAID SECTION 33, S 00°14'35"
W 400.00 FEET TO THE POINT OF BEGINNING; THENCE S 00°14'35" W
284.71 FEET; THENCE N 89°45'25" W 114.72 FEET; THENCE S 00°14'35" W
108.85 FEET; THENCE S 85058'35" W 115.03 FEET; THENCE S 00°14'35" W
614.00 FEET; THENCE N 84°59'38" E 230.40 FEET, MORE OR LESS,TO THE
EAST LINE OF THE NORTHWEST '/4 OF THE SOUTHWEST '/4 OF SAID
SECTION 33; THENCE ALONG SAID EAST LINE S 00014'35" W 25.77 FEET
TO A POINT 104 FEET SOUTH OF THE CENTER-WEST 1/16 CORNER OF
SAID SECTION 33;THENCE S 00°14'35" W 30.00 FEET;THENCE S 84°48'42"
W 725.39 FEET; THENCE N 00°00'00" E 30.00 FEET; THENCE N 00°00'00" E
1082.94 FEET, MORE OR LESS, TO A POINT 400.00 FEET SOUTH OF THE
NORTH LINE OF THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF SAID
SECTION 33;THENCE N 89°43'41" E 728.45 FEET,MORE OR LESS,TO THE
POINT OF BEGINNING, SUBJECT TO ALL RIGHT OF WAY, EASEMENTS,
OR RESTRICTIONS AS NOW IN USE OR ON RECORD.
• SAID TRACT OF LAND CONTAINS 14.47 ACRES,MORE OR LESS, GROSS.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City,to be known as
the Wykoff-Larimer Second Annexation.
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 4th day of May,
A.D. 1999, and to be presented for final passage on the 18th day of May,A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of May, A.D. 1999.
Mayor
ATTEST:
City Clerk
2
iORDINANCE NO. 70, 1999
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 WYKOFF-LARIMER SECOND 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 2.8 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 be, and the same hereby is, changed and
amended by including the property known as the Wykoff-Larimer Second Annexation to the City
of Fort Collins, Colorado, in the Residential Foothills (RF) Zone District,which property is more
particularly described as situate in the County of Larimer, State of Colorado,to wit:
A TRACT OF LAND SITUATE IN THE WEST %2 OF SECTION 33,TOWNSHIP
7 NORTH, RANGE 69 WEST OF THE 6T" P.M., COUNTY OF LARIMER,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
CONSIDERING THE WEST LINE OF THE NORTHWEST'/4 OF SAID SECTION
33 AS BEARING N 00000'00" E AND WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO: BEGINNING AT THE NORTHWEST 1/16
CORNER OF SAID SECTION 33; THENCE ALONG THE EAST LINE OF THE
SOUTHWEST ''/4 OF THE NORTHWEST ''/6 OF SAID SECTION 33, S 00°14'35"
W 400.00 FEET TO THE POINT OF BEGINNING; THENCE S 00°14'35" W
284.71 FEET; THENCE N 89°45'25" W 114.72 FEET; THENCE S 00°14'35" W
108.85 FEET; THENCE S 85058'35" W 115.03 FEET; THENCE S 00014'35" W
614.00 FEET; THENCE N 84°59'38" E 230.40 FEET,MORE OR LESS,TO THE
EAST LINE OF THE NORTHWEST '/4 OF THE SOUTHWEST Y< OF SAID
SECTION 33; THENCE ALONG SAID EAST LINE S 00014'35" W 25.77 FEET
TO A POINT 104 FEET SOUTH OF THE CENTER-WEST 1/16 CORNER OF
SAID SECTION 33;THENCE S 00°14'35" W 30.00 FEET;THENCE S 84°48'42"
W 725.39 FEET; THENCE N 00°00'00" E 30.00 FEET; THENCE N 00°00'00" E
1082.94 FEET, MORE OR LESS, TO A POINT 400.00 FEET SOUTH OF THE
NORTH LINE OF THE SOUTHWEST '/4 OF THE NORTHWEST '/4 OF SAID
SECTION 33;THENCE N 89043'41" E 728.45 FEET,MORE OR LESS,TO THE
POINT OF BEGINNING, SUBJECT TO ALL RIGHT OF WAY, EASEMENTS,
OR RESTRICTIONS AS NOW IN USE OR ON RECORD.
SAID TRACT OF LAND CONTAINS 14.47 ACRES,MORE OR LESS, GROSS.
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 be,and the same hereby is,changed and amended by showing
that the above-described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Engineer 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 4th day of May,
A.D. 1999, and to be presented for final passage on the 18th day of May,A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of May,A.D. 1999.
Mayor
ATTEST:
City Clerk