HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/02/2005 - ITEMS PERTAINING TO THE MINATTA ANNEXATION AND ZON ITEM NUMBER: 8 A-C
AGENDA ITEM SUMMARY DATE: November2, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Items Pertaining to the Minatta Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the annexation and requested zoning of RF - Residential Foothills
and LMN- Low Density Mixed-Use Neighborhood.
The Planning and Zoning Board voted 7-0 to recommend approval of the annexation; and, the
Board voted 7-0 to recommend that the property be placed in the RF - Residential Foothills and
LMN- Low Density Mixed-Use Neighborhood Zoning Districts.
The Planning and Zoning Board voted 7-0 to recommend that this property be included in the
Residential Neighborhood Sign District.
EXECUTIVE SUMMARY
A. Resolution 2005-114 Setting Forth Findings of Fact and Determinations Regarding the
Minatta Annexation.
B. Hearing and First Reading of Ordinance No. 130, 2005, Annexing Property Known as the
Minatta Annexation.
C. Hearing and First Reading of Ordinance No. 131, 2005, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Minatta Annexation.
This is a request to annex and zone 35.829 acres located on the west side of Overland Trail, at
the southwest corner of the Overland Trail - West Elizabeth Street intersection. The property is
partially developed, containing one existing single-family residence (with out-buildings) and a
portion of the existing Fort Collins-Loveland Water District Pump Station. It is in the FAl —
Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is
RF - Residential Foothills (15.132 acres) and LMN — Low Density Mixed-Use Neighborhood
(20.697 acres).
Staff is recommending that this property be included in the Residential Neighborhood Sign
District. A map amendment will not be necessary to place this property on the Residential
Neighborhood Sign District Map.
November 2, 2005 -2- Item No. 8 A-C
APPLICANT: John Minatta
2037 Lexington Court
Fort Collins, CO 80526
OWNERS: John Minatta Al Minatta
2037 Lexington Court 1313 Fairway Five Drive
Fort Collins, CO 80526 Fort Collins, CO 80524
Sam Minatta Evelyn Minatta
1101 South Overland Trail 2903 Blue Leaf
Fort Collins, CO 80521 Fort Collins, CO 80526
BACKGROUND
The applicant, John Minatta, on behalf of the property owners, John Minatta, Al Minatta, Sam
Minatta, and Evelyn Minatta, has submitted a written petition requesting annexation of 35.829
acres. The property is located on the west side of Overland Trail, at the southwest comer of the
Overland Trail - West Elizabeth Street intersection. The property is partially developed,
containing one existing single-family residence (with out-buildings) and a portion of the existing
Fort Collins-Loveland Water District Pump Station. It is in the FA1 —Fanning Zoning District in
Latimer County. The requested zoning in the City of Fort Collins is RF - Residential Foothills
and LMN— Low Density Mixed-Use Neighborhood. The surrounding properties are zoned RL -
Low Density Residential and LMN - Low Density Mixed Use Neighborhood in the City to the
east, RF - Residential Foothills and RL - Low Density Residential in the City to the south, RF—
Residential Foothills in the City to the west, and FA —Farming in Larimer County to the north.
This is a 100% voluntary annexation.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City of Fort Collins and Latimer County contained in the
Intergovernmental Aereement for the Fort Collins Urban Growth Area, the City will agree to
consider annexation of property in the UGA when the property is eligible for annexation
according to State law. This property gains the required 1/6 contiguity to existing City limits
from common boundaries with the Fort Collins-Loveland Water District Pump Station
Annexation (in April, 1989) to the south, the Fort Collins-Loveland Substation Annexation (in
May, 1989) to the east, and the Overland Trail (1994) Annexation (in September, 1994) to the
south.
The surrounding zoning and land uses are as follows:
N: FAl in Larimer County; property owned by Colorado State University
E: RL, LMN; existing single-family residential
S: RF, RL; existing single-family residential
W: RF; existing single-family residential, open space
The requested zoning for this annexation is the RF - Residential Foothills and LMN — Low
Density Mixed-Use Neighborhood Zoning Districts. There are several uses permitted in these
November 2, 2005 -3- Item No. 8 A-C
Districts, subject to either administrative review or review by the Planning and Zoning Board.
The City's adopted Structure Plan, a part of the Comprehensive Plan, suggests that Urban Estate
and Low Density Mixed-Use Neighborhoods are appropriate in this location.
Staff is recommending that this property be included in the Residential Neighborhood Sign
District, which was established for the purpose of regulating signs for non-residential uses in
certain geographical areas of the City that may be particularly affected by such signs because of
their predominantly residential use and character. A map amendment will not be necessary to
place this property on the Residential Neighborhood Sign District Map.
Findings
1. The annexation of this area is consistent with the policies and agreements between
Larimer County and the City of Fort Collins contained in the Intergovernmental
Aizreement for the Fort Collins Urban Growth Area.
2. The area meets the eligibility requirements included in State law to qualify for a
voluntary annexation to the City of Fort Collins.
3. On September 20, 2005, the City Council approved a resolution that accepted the
annexation petition and determined that the petition was in compliance with State law.
The resolution also initiated the annexation process for the property by establishing the
date, time and place when a public hearing would be held regarding the readings of the
Ordinances annexing and zoning the area.
4. The requested RF - Residential Foothills and LMN — Low Density Mixed-Use
Neighborhood Zoning Districts are in conformance with the policies of the City's
Comprehensive Plan.
Staff Recommendation
Staff recommends approval of the annexation and requested zoning of RF - Residential Foothills
and LMN- Low Density Mixed-Use Neighborhood.
Staff is recommending that this property be included in the Residential Neighborhood Sign
District. A map amendment will not be necessary to place this property on the Residential
Neighborhood Sign District Map.
Planning and Zoning Board Recommendation
The Planning and Zoning Board, at its regular monthly meeting of October 20, 2005, voted 7-0
to recommend approval of the annexation. The Board voted 7-0 to recommend that the property
be placed in the RF - Residential Foothills and LMN - Low Density Mixed-Use Neighborhood
Zoning Districts.
The Planning and Zoning Board voted 7-0 to recommend that this property be included in the
Residential Neighborhood Sign District.
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#36-05 Minatta Annexation & Zoning 9/7'2005 N
1 inch equals 600 feet A
Minatta Annexation — Statement of Principles and Policies
The parcel is in west Fort Collins near the intersection of Overland Trail and West Elizabeth.
The 35 acre site is a long rectangular shape,approximately 600' wide by 2622' long.
It is bordered on three sides by the city of Fort Collins and its inclusion into the city is consistent with
Principle LU.1: "promoting a compact development pattern within a well-defined boundary". Overland Trail
is the eastern boundary and"The Ponds"subdivision makes up the southern and western boundaries.The
CSU Foothills Campus makes up the northern boundary and is in the county
It is within the City of Fort Collins Growth Management Area(UGA)and the current zoning is Larimer
County FA-1. The City Structure Plan delineates the easterly 20 acre portion as Low Density Mised-Use
(LMN)and falls within the"Infill Area"as defined in Land use Code 5.1. The infill designation is a primary
means of identifying a targeted area to be encouraged as a location for development as referred to in Policy
LU-4.7. The structure plan designates the westerly 15 acre portion as Residential Foothills District(RF).
The property was originally purchased by Evelyn Minattas parents, Sam and Elvira Aranci in 1929. There
are two residences on the site. One is the primary residence of Sam Minatta, one of the family owners who
have lived at the site since 1972 and the other is a rental property.The greater part of the site has primarily
been utilized as pasture for horses and cattle for the last fifty years.
Pedestrian and vehicle connectivity with the neighborhood to the south is made by two existing points of
access where Banyon and Sunflower Drives stub into our site and also provides the extension of city utilities.
We are currently negotiating with CSU to acquire .15 acres of their property that is necessary to become
ROW and allow West Elizabeth to extend across Overland Trail. This will provide the main point of access
for the site from the arterial, Overland Trail.
We intend to comply with the City Structure Plan, Policy L.U-3.1 "General Area Designations" for this site
and within the LMN and RF zoning,provide a mix of single family homes and multifamily town houses.The
single family homes will be similar in square footage and lot size to the homes in the neighboring"Ponds"
development. The Townhomes will be clustered near the Overland Trail frontage on approximately 4 acres.
We are proposing densities of 6 to 8 units per acre in this multi family site, which will be slightly less but
comparable to Lory Ann Estates and Scenic Views densities directly across Overland Trail. These proposed
types of housing and densities will maintain and enhance the already existing character as suggested in
Principle LU-2
The City of Fort Collins wants to build a 4 acre regional detention pond on our property and we are currently
negotiating a purchase offer. We are in agreement with the Cities pond design and have incorporated it into
our preliminary site plan.
A .7 acre parcel owned by the Fort Collins Loveland Water District is included in this annexation. The
FCLWD parcel is at the south east comer of the site and is separated from our property by the PV&L Canal.
We sold this parcel to the FCLWD through a county MAD process in March of 2000.
John Minatta
RESOLUTION 2005-114
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE MINATTA ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Minatta 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 as follows:
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
Minatta Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a special meeting of the Council of the City of Fort Collins held this
2nd day of November, A.D. 2005.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 130, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
MINATTA ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2005-104,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 parcel of land located in the Southeast Quarter of Section Seventeen, Township
Seven North, Range Sixty-nine West of the Sixth Principal Meridian, County of
Larimer, State of Colorado and being more particularly described as follows:
COMMENCING at the East Quarter Comer of said Section 17 and assuming the
North line of said SE1/4 to bear South 85°25'09" West a distance of 2651.92 feet
with all bearings here in relative thereto:
THENCE South 85'25'09"West along said North line a distance of 30.40 feet to a
point on the West line of the Fort Collins Substation Annexation as recorded May 26,
1989 as Reception No. 89023302, said point being the POINT OF BEGINNING;
THENCE South 00'31'30"West along the West line of said Fort Collins Substation
Annexation,also being the West line of Fort Collins-Loveland Water District Pump
Station Annexation as recorded April 17, 1989 as Reception No. 89016100,
extended, a distance of 597.90 feet;
THENCE North 85°25'38" East along the Northerly line of said Fort Collins-
Loveland Water District Pump Station Annexation, also being the North line of
Overland Trail Annexation as recorded November 10, 1994 as Reception No.
94090903, extended, a distance of 2621.45 feet to the West line of said SE1/4;
THENCE North 00`31'16" East along said West line, said line also being the East
line of said Overland Trail Annexation a distance of 597.53 feet to the Center Quarter
Corner of said Section 17;
THENCE North 85'25'09" East along said North line of said SETA distance of
2621.52 feet to the POINT OF BEGINNING.
Said parcel contains 35.829 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
Minatta 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 Larimer 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 2nd day of
November, 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. 131, 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 MINATTA 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 Minatta Annexation to the City of Fort Collins, Colorado, in the
Residential Foothills (RF) Zone District and the Low Density Mixed-Use Neighborhood (LMN)
Zone District, which property is more particularly described as situate in the County of Larimer,
State of Colorado, to wit:
Property Description for the RF Zone District:
A parcel of land located in the Southeast Quarter(SE1/4)of Section Seventeen(17),
Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth
Principal Meridian(6th P.M.),County of Larimer,State of Colorado and being more
particularly described as follows:
COMMENCING at the East Quarter Corner(El/4)of said Section 17 and assuming
the North line of said SE1/4 to bear South 85°25'09"West a distance of 2651.92 feet
with all bearings here in relative thereto:
THENCE South 85°25'09" West along said North line a distance of 30.40 feet to a
point on the West line of the Fort Collins Substation Annexation as recorded May 26,
1989 as Reception No. 89023302;
THENCE South 00°31'30" West along the West line of said Fort Collins Substation
Annexation, also being the West line of Fort Collins-Loveland Water District Pump
Station Annexation as recorded April 17, 1989 as Reception No. 89016100,
extended, a distance of 597.90 feet;
THENCE North 85°25'38" East along the Northerly line of said Fort Collins-
Loveland Water District Pump Station Annexation, also being the North line of
Overland Trail Annexation as recorded November 10, 1994 as Reception No.
94090903, extended, a distance of 1487.51 feet to the POINT OF BEGINNING;
THENCE continuing South 85°25'38" West along said Northerly line a distance of
1133.94 feet to the West line of said SEl/4;
THENCE North 00°31'16" East along said West line, said line also being the East
line of said Overland Trail Annexation a distance of 597.53 feet to the Center Quarter
Corner of said Section 17;
THENCE North 85°25'09" East along said North line of said SE1/4 a distance of
1080.80 feet;
THENCE South 04°34'51" East a distance of 595.32 feet to the POINT OF
BEGINNING.
Said parcel contains 15.132 acres more or less (±).
Property Description for the LMN Zone District:
A parcel of land located in the Southeast Quarter(SE1/4)of Section Seventeen(17),
Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth
Principal Meridian(6th P.M.),County of Latimer,State of Colorado and being more
particularly described as follows:
COMMENCING at the East Quarter Corner(El/4)of said Section 17 and assuming
the North line of said SE1/4 to bear South 85`25'09"West a distance of 2651.92 feet
with all bearings here in relative thereto:
THENCE South 85°25'09" West along said North line a distance of 30.40 feet to a
point on the West line of the Fort Collins Substation Annexation as recorded May 26,
1989 as Reception No. 89023302, said point being the POINT OF BEGINNING;
THENCE South 00°31'30" West along the West line of said Fort Collins Substation
Annexation,also being the West line of Fort Collins-Loveland Water District Pump
Station Annexation as recorded April 17, 1989 as Reception No. 89016100,
extended, a distance of 597.90 feet;
THENCE North 85°25'38" East along the Northerly line of said Fort Collins-
Loveland Water District Pump Station Annexation, also being the North line of
Overland Trail Annexation as recorded November 10, 1994 as Reception No.
94090903, extended, a distance of 1487.51 feet;
THENCE North 04°34'51" East to said North line of said SE1/4;
THENCE North 85°25'09" East along said North line a distance of 1540.72 to the
POINT OF BEGINNING.
Said parcel contains 20.697 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 2nd day of
November, 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