HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/05/2009 - ITEMS RELATING TO THE MOUNTAIN VIEW SCHOOL SECOND ITEM NUMBER: 16 A-B
AGENDA ITEM SUMMARY DATE: May 5, 2009
FORT COLLINS CITY COUNCIL STAFF: Emma McArdle
SUBJECT
Items Relating to the Mountain View School Second Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 043, 2009, Annexing Property Known as the Mountain
View School Second Annexation to the City.
B. Second Reading of Ordinance No. 044,2009,Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Mountain View
School Second Annexation to the City.
These Ordinances, unanimously adopted on First Reading on April 21, 2009, annex and zone 1.46
acres located on the north side of LaPorte Avenue, midway between North Taft Hill Road (to the
east)and North Overland Trail(to the west). The property is partially developed as a Poudre School.
District parking lot and is in the FA, Farming Zone District in Larimer County. Existing Poudre
School District facilities are to the west and south; and property to the east and north are
undeveloped; however, the Sanctuary West residential development proposal, located north of
LaPorte Avenue, is under review by the City. The requested zoning for this annexation is LMN,
Low Density Mixed-Use Neighborhood.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - April 21, 2009.
(w/o original attachments)
ATTACHMENT
ITEM NUMBER: 19 A-C
AGENDA ITEM SUMMARY DATE: April 21, 2009
FORT COLLINS CITY COUNCIL STAFF-STAFF: Emma McArdle
SUBJECT
Items Relating to the Mountain View School Second Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
At its regular monthly meeting on March 19, 2009, the Planning and Zoning Board voted 6-0 to
recommend approval of the annexation, that the property be placed in the LMN — Low Density
Mixed-Use Neighborhood Zoning District and that the property be included in the Residential
Neighborhood Sign District.
EXECUTIVE SUMMARY C 0 P'V-L
A. Resolution 2009-032 Setting Forth Findings of Fact and Determinations Regarding the
Mountain View School Second Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 043, 2009, Annexing Property Known as the
Mountain View School Second Annexation to the City.
C. Hearing and First Reading of Ordinance No. 044, 2009, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Mountain View School Second Annexation to the City.
This is a request to annex and zone 1.46 acres located on the north side of LaPorte Avenue,midway
between North Taft Hill Road(to the east) and North Overland Trail (to the west). The property is
partially developed as a Poudre School District parking�lot-and is-in-the FA, Farming Zone District
in Larimer County. Existing Poudre School District facilities are to the west and south;and property
to the east and north are undeyelopekkowevUr,l the Sanc nary West residential development
proposal, located north of LaPorte=A-.venu�is=under-review by-the City. The requested zoning for
this annexation is LMN, Low Density Mixed-Use Neighborhood.
April 21, 2009 -2- Item No. 19 A-C
This annexation request is in conformance with the State of Colorado Revised Statutes as they
relate to annexations,the City of Fort Collins Comprehensive Plan,the Larimer County and City
of Fort Collins Intergovernmental Agreements,the City of Fort Collins Land Use Code,and the
Northwest Subarea Plan. Thhere are no=i ss ues or-lbnown controversies associated with this
annexation. �� I 3� Y
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 because the property is shown to already be outside of the Areas Not In The Sign
District.
APPLICANT: Vignette Studios
Terence Hoaglund
144 North Mason, Suite 2
Fort Collins, CO 80524
OWNER: Poudre School District
2445 LaPorte Avenue
Fort Collins, CO 80521
BACKGROUNDJ 1P vi
The applicant, Vignette Studios, on behalf of the property owners, Poudre School District, has
submitted a written petition requesting annexation of 1.46 acres located on the north side of LaPorte
Avenue,midway between North Taft Hill Road(to the east)and North Overland Trail(to the west).
The property is partially developed as a Poudre School District parking lot and is in the FA,Farming
Zone District in Larimer County. Existing Poudre School District facilities are to the west and south
and property to the east and north are undeveloped; however, the Sanctuary West residential
development proposal, located north of LaPorte Avenue (east and north of the annexation site) is
under review by the City. The requested zoning for this annexation is LMN, Low Density Mixed-
Use Neighborhood. The surrounding properties are currently zoned RL, Low Density Residential
in the City to the south and LMN, Low Density Mixed-Use Neighborhood in the City to the west,
east and north. This is a 100%voluntary annexation.
The property is located within the Fort Collins Urban Area. According to policies and
F agreements between the City ofort Collins andNLaune rr County contained in the Intergovernmental
Agreement for the Fort Collins Urban Growth Area, the�City1 5111 agree to consider annexation of
property in the UGA when the�progeity ids elilgible for annexation according to State law. This
property gains the required 1/6 contiguity to existing City limits from common boundaries with the
Vine-LaPorte-Taft Annexation (September, 1982) to the north and east; and the Mountain View
School Annexation(May, 1998)to the south and west. While this is a 100%voluntary annexation,
the property has been"enclaved"(completely surrounded by City limits) since the approval of the
Mountain View School Annexation in 1998.
April 21, 2009 -3- Item No. 19 A-C
The surrounding zoning and land uses are as follows:
N: LMN in the City of Fort Collins; undeveloped
E: LMN in the City of Fort CollinsC� e
eveloped
S: RL in the City of Fort Collins; stig Po udreS pool District facilities
W; LMN in the City of FortCollins; stmngg oudre ool District facilities
The requested zoning for this annexation is the LMN, Low Density Mixed-Use Neighborhood
Zoning District. There are numerous uses permitted in this District,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 LMN is 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 ofttFort Collins contained in the Intergovernmental Agreement for the
Fort Collins Urban Growth Area J,
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 March 3, 2009, the City Council approved Resolution 2009- 023, which 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 LMN, Low Density Mixed-Use Neighborhood Zoning District is in
conformance with the policies of the City's Comprehensive Plan.
STAFF RECOMMENDATION
Staff recommends approval of th�anNnexation�and reggesteddzzoning of LMN,Low Density Mixed-
Use Neighborhood.
Staff is recommending that this property be included in the Residential Neighborhood Sign District.
A map amendment would not be necessary to place this property on the Residential Neighborhood
Sign District Map.
April 21, 2009 -4- Item No. 19 A-C
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board, at its regular monthly meeting on March 19, 2009, voted 6-0 to
recommend approval of the annexation. The=Board voted•6-0 toprecommend that the property be
t/ 4 •� {�i \1 \t
placed in the LMN—Low Density Mixed-Use N'eighborhoo omng District.
The Planning and Zoning Boar'dwoted �0.t 'recl commend )h!t-this property be included in the
Residential Neighborhood Sign District.
ATTACHMENTS
1. Vicinity map.
2. Zoning map.
3. Structure Plan map.
4. Annexation map.
5. Planning and Zoning Board minutes, March 19, 2009 (draft).
COPY
COP
ORDINANCE NO. 043, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
MOUNTAIN VIEW SCHOOL SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2009-023,finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds and determines 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 situate in the North Half of Section 9,Township 7 North, Range 69
West of the 6th P.M., City of Fort Collins, Larimer County, Colorado, more
particularly described as follows:
COMMENCING at the Center Quarter Corner of said Section 9 and assuming the
South line of the Northeast Quarter of said Section 9, as bearing North 89'11'40"
West being a Grid Bearing of the Colorado State Plane Coordinate System, North
Zone, North American Datum 1983/2007, a distance of 2611.17 feet with all other
bearings contained herein relative thereto:
THENCE North 00018'20" East a distance of 30.00 feet to the Intersection of the
North Right of Way line of Laporte Avenue and the Easterly line of Mountain View
School Annexation, recorded May 21, 1998 as Reception No. 19980041865 of the
Records of Larimer County, said point being the POINT OF BEGINNING;
THENCE North 00°18'20" East along the Easterly line of said Mountain View
School Annexation a distance of 264.90 feet to the Southerly line of Vine-Laporte-
Taft Annexation, recorded September 16, 1982 at Book 2185, Page 543, Reception
No. 472940 of the Records of Larimer County;
The following Two (2) courses and distances are along the Southerly and Westerly
lines of said Vine-Laporte-Taft Annexation:
THENCE South 89'11'40" East a distance of 240.00 feet;
THENCE South 00°18'20"West a distance of 264.90 feet to the North Right of Way
line of Laporte Avenue, said Right of Way line also being a Northerly line of said
Mountain View School Annexation;
THENCE North 89'11'40" West along the Northerly line of said Mountain View
School Annexation a distance of 240.00 feet to the POINT OF BEGINNING.
Said described parcel of land contains 63,573 square feet or 1.459 acres,more or less,
with the lineal dimensions as contained herein based upon the "U.S. Survey Foot"
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Mountain View School Second 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 21st day of
April, A.D. 2009, and to be presented for final passage on the 5 y of May, A.D. 2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2009.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 044, 2009
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 MOUNTAIN VIEW SCHOOL 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 2.9 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 City Council has considered the zoning
of the property which is the subject of this ordinance,and has determined that 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 Mountain View School Second Annexation to the City of Fort Collins,
Colorado, in the Low Density Mixed-Use Neighborhood("L-M-N")Zone District, which property
is more particularly described as situate in the County of Larimer, State of Colorado, to wit:
A parcel of land situate in the North Half of Section 9,Township 7 North, Range 69
West of the 6th P.M., City of Fort Collins, Larimer County, Colorado, more
particularly described as follows:
COMMENCING at the Center Quarter Corner of said Section 9 and assuming the
South line of the Northeast Quarter of said Section 9, as bearing North 89'11'40"
West being a Grid Bearing of the Colorado State Plane Coordinate System, North
Zone, North American Datum 1983/2007, a distance of 2611.17 feet with all other
bearings contained herein relative thereto:
THENCE North 00018'20" East a distance of 30.00 feet to the Intersection of the
North Right of Way line of Laporte Avenue and the Easterly line of Mountain View
School Annexation, recorded May 21, 1998 as Reception No. 19980041865 of the
Records of Larimer County, said point being the POINT OF BEGINNING;
THENCE North 00018'20" East along the Easterly line of said Mountain View
School Annexation a distance of 264.90 feet to the Southerly line of Vine-Laporte-
Taft Annexation, recorded September 16, 1982 at Book 2185, Page 543, Reception
No. 472940 of the Records of Larimer County;
The following Two (2) courses and distances are along the Southerly and Westerly
lines of said Vine-Laporte-Taft Annexation:
THENCE South 89'1 P40" East a distance of 240.00 feet;
THENCE South 00'18'20"West a distance of 264.90 feet to the North Right of Way
line of Laporte Avenue, said Right of Way line also being a Northerly line of said
Mountain View School Annexation;
THENCE North 8901 F40" West along the Northerly line of said Mountain View
School Annexation a distance of 240.00 feet to the POINT OF BEGINNING.
Said described parcel of land contains 63,573 square feet or 1.459 acres,more or less,
with the lineal dimensions as contained herein based upon the "U.S. Survey Foot."
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 21st day of
April, A.D. 2009, and to be presented for final passage on the d of May, A.D. 2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 5th day of May, A.D. 2009.
Mayor
ATTEST:
City Clerk