HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/20/2005 - ITEMS RELATING TO THE INTERCHANGE BUSINESS PARK FI ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: December20, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Interchange Business Park First Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the Ordinances on Second Reading.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 149,2005,Annexing Property Known as the Interchange
Business Park First Annexation.
B. Second Reading of Ordinance No. 150,2005,Amending the Zoning Map ofthe City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Interchange
Business Park First Annexation.
This is a 100% voluntary annexation and zoning of a property approximately 15.55 acres in size.
The site is located on the east side of the I-25 East Frontage Road south of State Highway 14(East
Mulberry Street). Contiguity with the existing municipal boundary is gained along a portion of the
southern boundary which is shared with the north property line of the State Highway 14 — East
Frontage Road(35.86 acres). The recommended zoning is C,Commercial,which is in conformance
with the I-25 Sub Area Plan. This annexation is the first in a series of three that will cumulatively
result in the annexation of 62.33 acres.
Ordinances Nos. 149 and 150,2005,were unanimously adopted on First Reading on November 15,
2005.
ITEM NUMBER: 22
AGENDA ITEM SUMMARY DATE: November 15, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT G
Items Relating to the Interchange Business Park First Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the Resolution and the Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Public Hearing and Resolution 2005-117 Setting Forth Findings of Fact and Determinations
Regarding the Interchange Business Park First Annexation.
B. First Reading of Ordin cc No 9 2 5, nnexiri !�Pt6perty Known as the Interchange
Business Park First An xation. lit
��
C. First Reading of Ordinance No. 150, 2005, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Interchange
Business Park First Annexation.
This is a 100% voluntary annexation and zoning of a property approximately 15.55 acres in size.
The site is located on the east side of the I-25 East Frontage Road south of State Highway 14 (East
Mulberry Street). Contiguity with the existing municipal boundary is gained along a portion of the
southern boundary which is shared with the north property line of the State Highway 14 — East
Frontage Road(35.86 acres). The recommended zoning is C,Commercial,which is in conformance
with the I-25 Sub Area Plan. This annexation is the first in a series of three that will cumulatively
result in the annexation of 62.33 acres.
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BACKGROUND0011
The property is located withi d,{ e,,(irolh Anagt ment Ada. According to the policies and
agreements between the City of Fort Collins and Larimer County contained in the
INTERGOVERNMENTAL AGREEMENT FOR THE CITY OF FORT COLLINS GROWTH
MANAGEMENT AREA,the City will agree to consider annexation of property in the GMA when
the property is eligible for annexation according to State law.
November 15, 2005 -2- Item No. 22
The parcel gains the necessary one-sixth contiguity along a portion of the south property line. This
contiguity is contingent upon the annexation of the State Highway 14 — East Frontage Road
Annexation which was approved by City Council on first reading on August 16,2005 and scheduled
for second reading on Novembe ids ,2105�A Of, e fi al; e ' eter Ioundary,the parcel has 16.97%
contiguity with the city limits; his ex eds th r ui�� i�u um of 16.66% (one-sixth). The
parcel,therefore,complies wit �reregm trrrent} ft; ')l4TER VERNMENTALAGREEMENT
—GROWTH MANAGEME �:REA a� 4 is,e igibie for ann ation.
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. The recommended zoning of C, Commercial, is in
compliance with the City's Comprehensive Plan, Structure Plan Map and the I-25 Sub Area Plan.
The subject parcel was legally divided in the County and platted as Interchange Business Park.
The Initiating Resolution was considered by City Council on September 20, 2005 and approved.
On September 15, 2005, the P &Z Board voted 7—0 to annex the property and to place into the C,
Commercial, zone district.
Consistency with Existing Policies:
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0, 41, 1�: ,� •« r III fr��f
According to the policies andemerp, bet e Orty;l port Collins and Latimer County,
contained in the amended (Nber �Il, 200 RGO RNMENTAL AGREEMENTS -
GROWTH MANAGEMENT (I GA),th Crt•'j,will agree: o consider for annexation property
in the U.G.M.A. when such property is eligible for annexation according to State law. According
to Section 8A of the IGA, 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 and FA-1 Farming;Partially developed area with a mix of existing
residential, commercial and vacant ground;
S: County — FA-1 Farmin ,Vall nt`E to Hi wa�1 East Frontage Road Annexation —
Lots One and Two, Le il
mor d Dr
E: County—R-1Resident 1 Exist r resr 'n" (WaterleSubdivision);
W: County - C Comercial EExisting x,+ f mercial. n
m d auto-related uses.
The parcel gains the necessary one-sixth contiguity along a portion of the south property line. Of
the total perimeter boundary, the parcel has 16.97% contiguity with the City limits. This exceeds
the required minimum of 16.66%(one-sixth). The parcel,therefore,complies with the requirements
of the INTERGOVERNMENTAL AGREEMENT— GROWTH MANAGEMENT AREA and is
eligible for annexation.
November 15, 2005 -3- Item No. 22
One of the stated intents of the AGREEMENT 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 September 20, 2005, City Council
approved a Resolution which a Feptq( t p,�an xa n„ tj,. n ar.1d established that the petition is
in compliance with State statu ''t . I' Jjj a
Annexation Agreement:
On July 19, 2001, Mr. James R. Mokler, developer of the Interchange Business Park, entered into
a voluntary Annexation Agreement granting the City of Fort Collins the ability to annex the
Interchange Business Park project. The property will gain the necessary one-sixth contiguity by the
annexation of State Highway 14—East Frontage Road Annexation. Mr. Mokler is aware that the
City of Fort Collins is proceeding with the annexation under the terms of the Agreement.
Zoning:
The proposed zoning for the subject annexation is C, Commercial. This district is intended to be
a setting for development,redevelopment and infill of a wide range of community and regional retail
uses, offices and personal and business services. Secondarily, it can accommodate a wide range of
other uses including creative forms of housing. While some Commercial District areas may
continue to meet the need for au> related,and of er, uto-ori� ted Vises,it is the city's intent that the
Commercial District emphasizeasafe and dinven nt�ers hall'o�rilityinmanyforms,withplanning
and design that accommodatesl! iedestrias ;�j ,il
The requested zoning of C, Commercial, complies with the I-25 Sub Area Plan.
Consistency With City Plan and I-25 Sub Area Plan:
A. City Plan Principles and Policies
As mentioned, the parcel is contained within the I-25 Sub Area Plan. This sub-area plan is a
component of the I-25 Regional Communities Corridor Plan which was adopted by the City Council
in November of 2001. The I-25 Sub Area Plan 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 ,hech, ail m Cif Plt�e a, ity guide perspective to individual
01
neighborhoods, distric corri �i and�i'49 a6Tli �11
City Plan Policy LU-4.5 states:'ilk,
The following areas have been identified as priority for future subarea planning:
• I-25 Corridor
Mountain Vista
• East Mulberry
• Fossil Creek Reservoir Area
November 15, 2005 -4- Item No. 22
B. Commercial Zoning
The I-25 Sub Area Plan calls fibr t o acementap&gp ercipl land uses within designated
commercial corridors. The Plat states: ii (($i' �� �� 10
i ' � �iI�EI E�ill ifiil{ ft
"The Commercial Corridors class ficatib* n is intended to provide for a wide range of
community and regional retail uses, as well as offices, business and personal
services. The majority of Commercial Corridor areas,near the 1-25/Mulberry Street
interchange are,for the most part,undeveloped. While this classification is typically
the location for highway business and auto-related uses,it also presents opportunities
over time to transform existing developed areas into mixed-use (including
residential), multi-modal centers, concurring with the overall vision for Fort
Collins."
The entire area contained within the annexation is located within one-half mile of East Mulberry
Street and one-quarter mile of I-25. The parcel is under development as approved in Larimer
County.Therefore,City staff recommends C,Commercial zoning in conformance with the I-25 Sub
Area Plan.
C. Boxelder Creek
The Sub Area Plan identifies 100-yl flooir
l of Boxr er Creek as a valuable open land
amenity within the corridor. ixelddr ekf+ orth-to-s th on the east side of the subject
parcel and is contained within the boundary of the annexation.
Compliance with State Law:
As mentioned, the annexation has 16.97% of its perimeter boundary contiguous with existing City
limits which exceeds the required one-sixth as mandated by State law. The parcel is found to have
a community of interest with the City. The parcel is the first in a series of three that will ultimately
result in the annexation of 62.33 acres. Annexation in a series is permitted under State Statutes.
Finally, the parcel is in the process of developing in an urbanized manner consistent with the
development pattern of the City.
Notice:
For the Planning and Zoning Bo h� �.�o�f�fhh�ept b if 200 written notice was provided to
the affected property owners hin 50Q1 eet off' ro rt 1� usive of public right-of-way, as
well as the property owners wi in the aty fexati is mclucd mailings to 479 property owners
of record. In addition, the agen'Tar the anning•• d Zonings card hearing was published in the
Coloradoan on September 8, 2005.
For the consideration of First Reading by City Council, notice was provided by the City Clerk's
Office to the Coloradoan after the Initiating Resolution of September 20,2005. Such notice ran for
four consecutive Sundays following the Initiating Resolution. The notification protocol for both
Planning and Zoning and City Council First Reading complies with requirements of the Land Use
Code and State Statutes.
November 15, 2005 -5- Item No. 22
Findings of Fact/Conclusion:
In evaluating the request fort ppintejchangetpus' e ss; Fira# Annexation and Zoning, staff
makes the following findings fact: IiEr )( �y�, p�
1. The annexation of this p 4 r ce1•is coikistent wi'�dhe polils and agreements between Larimer
County and the City of Fort Collins, as contained in the amended
INTERGOVERNMENTAL AGREEMENT—GROWTH MANAGEMENT AREA.
2. The parcel is the first in a series of three and meets all criteria included in State law to
qualify for annexation by the City of Fort Collins.
3. The requested zone district, C, Commercial, is in conformance with the City's
Comprehensive Plan (I-25 Sub Area Plan) and the City Structure Plan Map.
4. In accordance with the Annexation Agreement, the City of Fort Collins has been duly
authorized and designated to proceed with the annexation.
5. On September 20, 2005, City Council approved the Resolution which accepted the
annexation petition and Iet ne tha the, i oni in cipmpliance with State law.
11"
6. For the Planning and mng B'd' d helI'n ° o�Septe ber 15' 2005, written notice was
provided to affected pYoperty owners. I •he Boars agenda was published in the
Coloradoan on September 8, 2005. Notification for Council's First Reading of the
annexation and zoning was also published in the Coloradoan. These notification procedures
comply with the Land Use Code and State Statutes.
Planning and Zoning Board Recommendation:
On September 15,2005,the Planning and Zoning Board voted 7—0 to recommend annexation into
the municipal boundary, placement into the C, Commercial, zone district.
...
ORDINANCE NO. 149, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
INTERCHANGE BUSINESS PARK FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2005-117,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:
CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN AS BEARINGS 00° 19'37" W WITH ALL BEARINGS
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15
THENCE S 00' 19' 37" W 1083.79 FEET; THENCE, S 89` 40' 58" E 60.20 FEET
TO A POINT ON THE WESTERLY LINE OF INTERCHANGE BUSINESS PARK
SUBDIVISION;CONTINUING,S 89°40'58"E 8.69 FEET;THENCE S 00° 19'20"
W 451.78 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION;CONTINUING, S 00° 19'20" W 132.53
FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF
THE LEE M.L.D.; THENCE, S 89° 40' 58" E 280.01 FEET ALONG SAID
NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY
LINE OF THE STATE HIGHWAY 14-EAST FRONTAGE ROAD ANNEXATION
TO THE CITY OF FORT COLLINS;CONTINUING,S 89°40'58"E 877.15 FEET;
THENCE, N 32° 15'02" E 688.50 FEET; THENCE, S 89° 40' 58" E 362.73 FEET;
THENCE, N 54°46'43" W 276.81 FEET;THENCE,S 81° 12'56" W 600.20 FEET;
THENCE S 56` 21' 04" W 562.79 FEET; THENCE, S 64` 59' 48" W 27.24 FEET;
THENCE, N 82- 33' 29" W 431.56 FEET; THENCE, N 41' 00' 17" W 35.26 FEET
TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY
LINE OF THE SOUTHEAST FRONTAGE ROAD AT A POINT ON A CURVE
CONCAVE TO THE SOUTHEAST A LENGTH OF 304.33 FEET WITH A
CENTRAL ANGLE OF 48° 34' 12" A RADIUS OF 359.00 FEET AND A CHORD
WHICH BEARS S 24" 36' 06" W 295.30 FEET TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTAINING 15.55 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
Interchange Business Park First 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 15th day of
November, A.D. 2005, and to be presented for final passage on the 20th day of December, A.D.
2005.
i
Mayo
ATTEST:
1
City Clerk
Passed and adopted on final reading this 20th day of December, A.D. 2005.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 150, 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 INTERCHANGE BUSINESS PARK FIRST 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 Interchange Business Park First Annexation to the City of Fort Collins,
Colorado, in the Commercial (C) Zone District, which property is more particularly described as
situate in the County of Larimer, State of Colorado, to wit:
CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN AS BEARING S 00° 19' 37" W WITH ALL BEARINGS
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15
THENCE S 00° 19' 37" W 1083.79 FEET; THENCE, S 89` 40' S8" E 60.20 FEET
TO A POINT ON THE WESTERLY LINE OF INTERCHANGE BUSINESS PARK
SUBDIVISION;CONTINUING,S 89°40'58"E 8.69 FEET;THENCE S 00' 19'20"
W 451.78 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 00' 19'20" W 132.53
FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF
THE LEE M.L.D.; THENCE, S 89` 40' 58" E 280.01 FEET ALONG SAID
NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY
LINE OF THE STATE HIGHWAY 14-EAST FRONTAGE ROAD ANNEXATION
TO THE CITY OF FORT COLLINS;CONTINUING,S 89"40'58" E 877.15 FEET;
THENCE, N 32° 15'02" E 688.50 FEET; THENCE, S 89° 40' 58" E 362.73 FEET;
THENCE, N 54`46'43" W 276.81 FEET;THENCE,S 81' 12' 56" W 600.20 FEET;
THENCE S 56` 21' 04" W 562.79 FEET; THENCE, S 64` 59' 48" W 27.24 FEET;
THENCE, N 82' 33'29" W 431.56 FEET; THENCE, N 41° 00' 17" W 35.26 FEET
TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY
LINE OF THE SOUTHEAST FRONTAGE ROAD AT A POINT ON A CURVE
CONCAVE TO THE SOUTHEAST A LENGTH OF 304.33 FEET WITH A
CENTRAL ANGLE OF 48` 34' 12" A RADIUS OF 359.00 FEET AND A CHORD
WHICH BEARS S 24° 36' 06" W 295.30 FEET TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTAINING 15.55 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 not 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 15th day of
November, A.D. 2005, and to be presented for final passage on the 20th day of December, A.D.
2005.
Mayor
ATTEST:
140DA
City Clerk
Passed and adopted on final reading this 20th day of December, A.D. 2005.
Mayor
ATTEST:
City Clerk