HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/06/2006 - ITEMS RELATING TO THE JOHNSTON ANNEXATION AND ZONI ITEM NUMBER: 25 A-C
AGENDA ITEM SUMMARY DATE: June 6, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Johnston Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the Resolution and the Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Resolution 2006-064 Setting Forth Findings of Fact and Determinations Regarding the
Johnston Annexation.
B. Hearing and First Reading of Ordinance No. 101, 2006, Annexing Property Known as the
Johnston Annexation to the City of Fort Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 102, 2006, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Johnston Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 36.82 acres in size.
The site is 6111 S.Timberline Road located approximately one-half mile south of Kechter Road on
the west side of Timberline Road. Contiguity with the existing municipal boundary is gained along
the entire south boundary which is shared with the Keating Annexation(Linden Park Subdivision).
Contiguity is also gained along the entire east boundary which is shared with Westchase Annexation
Number One and along the entire west boundary which is shared with the Union Pacific Railroad
Fourth Annexation.
BACKGROUND
The property is located within the Growth Management Area. 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
h MA when the roe is eligible for annexation according to State
annexation of property in the G
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law.
June 6, 2006 -2- Item No. 25 A-C
The parcel gains the necessary one-sixth contiguity along the entire south, east and west property
lines. Of the total perimeter boundary, the parcel has 59% contiguity with the City limits. This
substantially 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.
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 M-M-N Medium Density
Mixed-Use Neighborhood and L-M-N, Low Density Mixed-Use Neighborhood, is in compliance
with the City's Comprehensive Plan and Structure Plan Map. Staff recommends the parcel be
placed within the Residential Neighborhood Sign District.
The Initiating Resolution was considered by City Council on April 18,2006 and approved. On May
18,2005,the Planning and Zoning Board took two specific actions in making their recommendation
to City Council:
1. The Board voted 7-0 to recommend approval of the annexation.
2. The Board then voted 7-0 to recommend the property be placed in the Medium
Density Mixed-Use Neighborhood and Low Density Mixed-Use Neighborhood zone
districts.
CONSISTENCY WITH EXISTING POLICIES
According to the policies and agreements between the City of Fort Collins and Latimer County,
contained in the amended (November 21, 2000) Intergovernmental Agreements — Growth
Management Area (IGA), the City will agree to consider for annexation property in the UGMA
when such property is eligible for annexation according to State law. According to Section 8A of
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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: FA-1 (County); Rural Residential
S: L-M-N; Existing single family subdivision(Linden Park)
E: L-M-N; Existing single family subdivision(Westchase)
W: R-L; Existing railroad tracks, golf course and single family(Southridge
Greens)
The parcel gains the necessary one-sixth contiguity along the entire south, east and west property
lines. Of the total perimeter boundary, the parcel has 59% contiguity with the City limits. This
substantially exceeds the required minimum of 16.66%(one-sixth). The parcel,therefore,complies
June 6, 2006 -3- Item No. 25 A-C
with the requirements of the Intergovernmental Agreement — Growth Management Area and is
eligible for annexation.
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 April 18, 2006, City Council approved a
Resolution which accepted the annexation petition and established that the petition is in compliance
with State statutes.
ZONING
A. Requested Zoning—Medium Density Mixed-Use Neighborhood
The proposed zoning for the easterly 16.94 acres of the Johnston Annexation is M-M-N,
Medium Density Mixed-Use Neighborhood. The Land Use Code describes this zone district
as follows:
"Purpose.The Medium Density Neighborhood District is intended to be a setting for
concentrated housing within easy walking distance of transit and a commercial
district. Secondarily, a neighborhood may also contain other moderate-intensity
complementary and supporting land uses that serve the neighborhood. These
neighborhoods will form a transition and a link between surrounding neighborhoods
and the commercial core with a unifying pattern of streets and blocks. Buildings,
streets, bike and walking paths, open spaces and parks will be configured to create
an inviting and convenient living environment.
This District is intended to function together with surrounding low density
neighborhoods (typically the L-M-N zone district) and a central commercial core
(typically an N-C or C-C zone district).The intent is for the component zone districts
to form an integral, town-like pattern of development, and not merely a series of
individual development projects in separate zone districts."
B. Requested Zoning—Low Density Mixed-Use Neighborhood
The proposed zoning for the westerly 19.87 acres of the Johnston Annexation is L-M-N,
Low Density Mixed-Use Neighborhood. The Land Use Code describes this zone district as
follows:
"Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a
setting for a predominance of low density housing combined with complementary
and supporting land uses that serve a neighborhood and are developed and operated
in harmony with the residential characteristics of a neighborhood.The main purpose
of the District is to meet a wide range of needs of everyday living in neighborhoods
that include a variety of housing choices that invite walking to gathering places,
services and conveniences, and that are fully integrated into the larger community
by the pattern of streets,blocks, and other linkages.A neighborhood center provides
a focal point, and attractive walking and biking paths invite residents to enjoy the
center as well as the small neighborhood parks.Any new development in this District
June 6, 2006 -4- Item No. 25 A-C
shall be arranged to form part of an individual neighborhood.
Typically, Low Density Neighborhoods will be clustered around and integral with a Medium
Density Mixed-Use Neighborhood with a Neighborhood Commercial Center at its core. For the
purposes of this Division, a neighborhood shall be considered to consist of approximately eighty
(80) to one hundred sixty (160) acres, with its edges typically consisting of major streets,
drainageways, irrigation ditches, railroad tracks and other major physical features."
Fossil Creek Reservoir Area Plan
As mentioned,both the M-M-N and L-M-N zone districts comply with both Fossil Creek Reservoir
Area Plan and the City's Structure Plan Map. The M-M-N zone would be extended to the north onto
the abutting property to form a larger district that is intended to support a future Neighborhood
Center (N-C zone) to the north on the Hansen Property. The L-M-N zone would match both the
Linden Park zoning to the south and future zoning to the north.
All the properties west of Timberline Road are planned to support an urban level of development
versus areas east of Timberline Road and areas north of Fossil Creek Reservoir. According to the
Plan:
"FC-LUF- 3 Mixed-Use Neighborhoods. These neighborhoods will consist of a
mix of housing types near parks, schools, and a neighborhood center. The density
will be a minimum overall average of either 3 or 5 units per acre, with an overall
maximum of 8 dwelling units per acre, and a maximum of 12 units per acre for any
single phase. "
"FC-LUF—4 Medium Density Mixed-Use Neighborhood" A medium density
mixed use neighborhood will be located in conjunction with a neighborhood
commercial center on the west side of Timberline Road approximately 1.5 miles
south of Harmony Road. This neighborhood will be approximately 20 acres in size,
shaped to generally wrap around the Neighborhood Commercial Center to form a
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transition and a link to surrounding mixed-use neighborhoods. The density will be
a minimum overall average of 12 units per acre,with a minimum of 7 units per acre
for any single phase in a multiple-phase plan. Buildings will be limited to 2.5 stories
in height."
FINDINGS OF FACT/CONCLUSION
In evaluatingthe request for the Johnston Annexation and Zoning, staff makes the following
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findings of fact:
A. The annexation of this parcel is consistent with the policies and agreements between Larimer
County and the City of Fort Collins, as contained in the amended Intergovernmental
Agreement— Growth Management Area.
B. The parcel meets all criteria included in State law to qualify for annexation by the City of
Fort Collins.
June 6, 2006 -5- Item No. 25 A-C
C. The requested zone districts,M-M-N,Medium Density Mixed-Use Neighborhood,and L-M-
N, Low Density Mixed-Use Neighborhood, are in conformance with two elements of the
City's Comprehensive Plan(City Plan). These elements are the Structure Plan Map and the
Fossil Creek Reservoir Area Plan.
D. Staff recommends the parcel be placed within the Residential Neighborhood Sign District.
E. On April 18,2006,City Council passed a Resolution which accepted the annexation petition
and determined that the petition is in compliance with State law.
PLANNING AND ZONING BOARD RECOMMENDATION
On May 18, 2006, the Planning and Zoning Board voted 7-0 to recommend annexation into the
municipal boundary and inclusion into the Residential Sign District. It also voted 7-0 to recommend
placement into the Medium Density Mixed-Use Neighborhood and the Low Density Mixed-Use
Neighborhood zone districts.
ATTACHMENTS
1. Vicinity Map
2. Proposed Zoning
3. Fossil Creek Reservoir Area Land Use Map
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RESOLUTION 2006-064
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE JOHNSTON ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Johnston 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 ofbeing 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
Johnston 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 this 6th
day of June, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 101, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
JOHNSTON ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2006-042,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 LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 7,AS BEARING NORTH 00 °27'42" EAST, AND WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE
NORTH 00'2742" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER; THENCE NORTH 89'32'18" WEST, 30.00 FEET TO THE
EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE
PLAT OF WESTCHASE NO.1 ANNEXATION BEING THE TRUE POINT OF
BEGINNING,
THENCE NORTH 89`32118" WEST, 2512.75 FEET ALONG THE NORTH LINE OF
LINDEN PARK SUBDIVISION TO THE EASTERLY RIGHT OF WAY OF THE UNION
PACIFIC RAILROAD;THENCE NORTH 00°0242"EAST,650.82 FEET ALONG SAID
EASTERLY RIGHT OF WAY TO THE SOUTH LINE OF THAT PARCEL DESCRIBED
AT RECEPTION NO. 99083069 OF THE CLERK AND RECORDERS OFFICE OF
LARIMER COUNTY;THENCE SOUTH 89*39'18"EAST,2125.48 FEET ALONG SAID
SOUTH LINE TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED
AT RECEPTION NO. 99106647 OF THE CLERK AND RECORDERS OFFICE OF
LARIMER COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AT
RECEPTION NO. 99106647 THE FOLLOWING THREE (3) COURSES: 1) SOUTH
41°12'18"EAST,67.00; 2) SOUTH 69'50'18"EAST,286.00 FEET; 3)SOUTH 85'25'18"
EAST,78.41 FEET TO THE WEST LINE OF SAID WESTCHASE NO. I ANNEXATION
AND THE WEST RIGHT OF WAY OF TIMBERLINE ROAD; THENCE SOUTH
00°27'42" WEST, 503.04 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 36.820 ACRES,MORE OR LESS,
AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR
EXISTING.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Johnston 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 6th day of
June, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 102, 2006
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 JOHNSTON ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS Division
0 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 Johnston Annexation to the City of Fort Collins,Colorado,in the Medium
Density Mixed Use Neighborhood (MMN) 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:
MEDIUM DENSITY MIXED-USE
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 7, AS BEARING NORTH 00°2742" EAST, AND WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE
NORTH 00 *27142" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER; THENCE NORTH 89*32'18" WEST, 30.00 FEET TO THE
EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE
PLAT OF WESTCHASE NO.1 ANNEXATION BEING THE TRUE POINT OF
BEGINNING,
THENCE NORTH 89'32'18" WEST, 1187.60 FEET ALONG THE NORTH LINE OF
LINDEN PARK SUBDIVISION; THENCE NORTH 00°27'42"EAST, 653.51 FEET TO
THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99083069
OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE
SOUTH 89'39'18" EAST, 795.59 FEET ALONG SAID SOUTH LINE TO A POINT ON
THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99106647
OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE
ALONG THE SOUTH LINE OF SAID PARCEL AT RECEPTION NO. 99106647 THE
FOLLOWING THREE (3) COURSES: 1) SOUTH 41 *12118" EAST, 67.00; 2) SOUTH
69'50'18"EAST,286.00 FEET;3)SOUTH 85*25'18"EAST,78.41 FEET TO THE WEST
LINE OF SAID WESTCHASENO. 1 ANNEXATION AND THE WEST RIGHT OF WAY
OF TIMBERLINE ROAD; THENCE SOUTH 00°2742" WEST, 503.04 FEET ALONG
SAID WEST LINE TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 16.945 ACRES,MORE OR LESS,
AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR
EXISTING.
LOW DENSITY MIXED-USE
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 7, AS BEARING NORTH 00`27'42" EAST, AND WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE
NORTH 00°27'42" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID
SOUTHEAST QUARTER; THENCE NORTH 89'32'18" WEST, 30.00 FEET TO THE
EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE
PLAT OF WESTCHASE NO.l ANNEXATION; THENCE NORTH 89'32'18 WEST,
1187.60 FEET ALONG THE NORTH LINE OF LINDEN PARK SUBDIVISION TO THE
TRUE POINT OF BEGINNING,;THENCE NORTH 89'32'18"WEST, 1325.15 TO THE
EASTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD;THENCE NORTH
00°02'42" EAST, 650.82 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE
SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99083069 OF
THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY;THENCE SOUTH
89°39'18" EAST, 1329.87 FEET ALONG SAID SOUTH LINE ; THENCE SOUTH
00°27'42" WEST, 653.51 FEET TO THE TRUE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 19.875 ACRES, MORE OR LESS,
AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR
EXISTING.
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 6th day of
June, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk