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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/21/2009 - ITEMS RELATING TO THE MOUNTAIN VIEW SCHOOL SECOND ITEM NUMBER: 19 A-C AGENDA ITEM SUMMARY DATE: April 21, 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 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 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 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. 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. There are no issues or known controversies associated with this annexation. April 21, 2009 -2- Item No. 19 A-C 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 BACKGROUND 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 Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement 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 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. 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 Collins; undeveloped - S: RL in the City of Fort Collins; existing Poudre School District facilities W: LMN in the City of Fort Collins; existing Poudre School 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 April 21, 2009 -3- Item No. 19 A-C 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 Latimer County and the City of Fort Collins contained in the Intergovernmental Agreement 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 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 the annexation and requested zoning 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. 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 to recommend that the property be placed in the LMN—Low Density Mixed-Use Neighborhood Zoning District. The Planning and Zoning Board voted 6-0 to recommend that this property be included in the Residential Neighborhood Sign District. April 21, 2009 -4- Item No. 19 A-C ATTACHMENTS 1. Vicinity map. 2. Zoning map. 3. Structure Plan map. 4. Annexation map. 5. Planning and Zoning Board minutes, March 19, 2009 (draft). ATTACHMENT 1 1-- — _7-7771 IRISH.ELEMENTARYF7 CHERRY-S.T...._, _ i I I I i II i� S N S W Proposed WI — Annexation Area — LRPORTE AVE - IL fA Legend City Limits Schools Annexation Area POUDRE SR HIGH z —J 0 tlJ - N #3-09 Mountain View School 1127109 A Second Annexation and Zoning 1 inch equals 300 feet ATTACHMENT of CI 1 Y OF FORT COLLINS N F°°", �ins ZONING W+ Mountain View School Second Annexation g c QIU) - _ Z � � H SITE ~ z c c orte Ave. U) Cl) aa) p Of Of a� a cU -0 c °o can E U5 Z U m W. Oak St. e� lmnq1 01ive W. OI ve Cir. Ct. St. W. Wc odfor cU Ct. co W. Mcagnolia E Ct U) W. Mulberrr ry S . Myrtle Ct. r---�-� Legend 1 inch = 500 feet O Annexation Site City Zoning - Public Open Lands City Limits Low Density Mixed-Use Neighborhood Low Density Residential Streets - M , 1621 WMIl L a. ........ Mm Is ME j ■ Imo. - ATTACHMENT 4 r J DAM 10/OB/oa MOUNTAIN VIEW SCHOOL SECOND ANNEXA TION aa7307AN TOME CITY OFFOR.T''COLLINS, COLORADO ''-'°' Nimb BY. CSK Part Of The North Half Of Section 9,Township 7 North, Range 69 West Of The 6th P.M., aE,® City Of Fort Collins, County'Of`Larimer, State Of Colorado SAL 0 to N A paiwl W ImO.Ytuat•h Me No,M Hdf M Soctlm 9,Taeeb9r]Nvth,Ram"69 WAR of Mo Sob PAL.lvYnW Count% U M 00 Cdveaa.man 9s11elvIY CwvOM w toles z 0 CCY,E,,,"N Ma C Ior Wait-Come,W sY LoftoSeoul,n 9.wvne'Me 9 pw al um, VM Wol NM -of W - -R 00 seellm 9.a boost 9 NVM p911'40•Wet.be"a Get B•vh9 of the Calaiab State Rm•f<oratiw.S,i xvM 'o NVM Amaikm Seam IM/20a],a Somme al mll.l]M.xA w NM Dghy emlaMO 1w•h Nv1M Mutt= V/N£-LAR2PIF-TAFT ANNFXA]R3Y The limed denowlmt a Amtob .n s.De td n . ad span M•vs sswY F.L. 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ROW SITE Z Rvlrp N IM Fdwado stab Ibn GwrSrela sYotml,xvte Zahe.Abi AlmorloM aatml IM/1 aa].a SMv M 2011.17 LAPORTE AVENUE O eM oM m Snw ewrlmw wnabw n..m IletM Mtwm. - - _ _— - -QUARTER Ne911'w•W(SA.as OF REARIxa mll.ls - -- -�'y//�/}�+] Lo a D FCC Q The Amel mrwlubrs w wrMMd InNn m leed Vpom M.vs.Sony Foot' mCIDum LAWENaG9El1T ) J X< a EAST WAR CC m Z 00 MAXNTu 5AZ95T ANAEUT/pN --- ROW SECDON 0.T.M.R.S9W Z J ~V rmu Q O V AtmSn9 toCe4ai Iw. muet mnmmw mr legal amBi Iwwd upan m totem b Date mo,lMb three,a•off. anio0 �" q fl Ltioir ___ Mulberry Q V yZ Yam Sorer eta brat 'a mmL may my Mtn owed a-my totem bi MY Wary De aammeeeed mare Mori ,eve Z N n aRa Mo o to of Me avtlrbato Ammon hii(IJ fffl 10.S C.RS) V O0 (Wn JJJ0 _ U SURKYDR'9 nATEVLN! 6 J~O E lzabdt • 0O Ir fnj S 2 z I,smeee A mama a uaab RpYlvtd Praleebntl law seer. b n.aey.rate thm MY raw of two wanOre b mm _ O I AnnmE to Mt ctr of rt ulMt eeAmr a tsuns.smb m wede w a.Aa=.d m e. if total w o tow neon wYu.9 _ N O W awAmeeb!rma aw M!M..an.Y w=w anal b M.DM a mr awlw9A hrameom aiAd wYf. 9W 4 OC I bMW Crab Mot hat Iw Mon=me-WM of Me wa'E^�tW or M are pap�d b M amend he m�Ava-to Me Momaiwy a CC - Ble of Me My of FL CaOh•County 9f lai stole of Celvada � F LLJS 1 o6 Proapeet Z W (L T VICINITYMAP H c storm A.L Cn BlVIf of IM,Sur 1. TOTAL FERVEISN_. 1001.79e' (NDT M SCALE) Z ? Cdaiaoa RwM1tved Pr9r..aontl cax0aafs eourmwr__-_.I000.]9!' lvb Serw,ar(34995 um.._.__ 1/1 0 k TOTAL 1.419 ACNEs S PROJECT A p 2007307 OEHOlES cwTlcuas e)9+9.lRY E � 1 SHEET I OF I ATTACHMENT 5 } Council Liaison: Lisa Poppaw Staff Liaison: Stev ush Chair: Brigitte Schmidt Phone: (H) 224-9418 Chair Schmidt called the meeting to order at 6:07 p.m. Roll Call: Lingle, Rollins, Sc t, Smith, Stockover, and Wetzler Excused Absence: Campana Staff Present: Dush, Eck n, Olt, McArdle, Shepard, and Sanchez-Sprague Agenda Review. Director Dus viewed the Consent agenda. Citizen participation: Chair Schmidt noted eryl Distaso, Center for Peace, Justice and the Environment, had made a request to show -minute documentary. Distaso said that residents of Buckingham were having trouble getti o P&Z meetings to express their concerns about a music amphitheater being proposed in their nei orhood. To facilitate that process for them Betty Aragon and David Bartechy visited their ho and recorded their comments. Distaso agreed the documentary could be in Other Business (after Consent Agenda.) Consent Agenda: Chair Schmidt asked members of the audience and the Board if they'd like to pull any items from the Consent Agenda. An audience member requested item # 2, Platte River Power Authority Harmony- Portner-Boyd Lake 230kV Transmission Line Project, # 9-09/D be pulled from the Consent Agenda 1. Minutes from the February 19, 2009 Planning & Zoning Hearing 3. Mountain View School Second Annexation and Zoning, # 3-09 Member Stockover moved to approve the consent agenda which includes: item # 1—February 19, 2009 Planning and Zoning Board Hearing minutes and item # 3 -- Mountain View School Second Annexation and Zoning, # 3-09. Member Wetzler seconded the motion. The motion was approved 6:0. Project: Platte River Power Authority Harmony-Portner-Boyd L Transmission Line Project - Site Plan Advisory Review Project Description: This request for review from the Platte ower Authority is submitted to the Planning and Zoning Board e Plan Advisory Review pursuant to State Statute Section 31- , which limits the City's review to the location, character ent of the improvements. Within the City of Fort Collins, Platte River Power Authority is proposing to construct approximately 1.0 mile of a 230kV underground transmission line in a trench along a line that is between the Union Pacific Railroad tracks that cross RESOLUTION 2009-032 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MOUNTAIN VIEW SCHOOL SECOND ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Mountain View School Second Annexation; and WHEREAS, following notice given as required by law,the City 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 City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the City 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 City 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 City 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 City Council concludes that the area proposed to be annexed in the Mountain View School 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 this 21 st day of April A.D. 2009. Mayor ATTEST: City Clerk 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 00'18'20" 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. Y 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 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 21st day of April, A.D. 2009, and to be presented for final passage on the 5th day 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 00'18'20" 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. 19080041865 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 89'1 F40"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." 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 21 st day of April, A.D. 2009, and to be presented for final passage on the 5th day 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