HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - ITEMS RELATING TO THE JOHNSTON ANNEXATION AND ZONI ITEM NUMBER: 15 A-B
AGENDA ITEM SUMMARY DATE: July 18, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Johnston Annexation and Zoning.
RECOMMENDATION
Staff recommends approval the Ordinances on Second Reading.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 101, 2006, Annexing Property Known as the Johnston
Annexation to the City of Fort Collins, Colorado.
B. Second 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.
These Ordinances, unanimously adopted on First Reading on June 6, 2006, annex and zone a
property approximately 36.82 acres in size. The site is 6111 South Timberline Road, approximately
one-half mile south of Kechter Road on the west side of Timberline Road.
ITEM NUMBER: 25 A-C
AGENDA ITEM SUMMARY DATE: June 6, 2006
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT L-A ') jr y
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 ReaCgof nanc 1, 200 Annexing Property Known as the
Johnston Annexation y o C s, Col o.
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 OrIDV
The property is located within the Growth Management Area. According to the policies and
agreements between the City of Fort Collins and Latimer 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.
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 In r l th Management Area and is
eligible for annexation.
This is a 100% voluntary annex or ated in 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:
I. 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-U d si ixed-Use Neighborhood zone
districts.
CONSISTENCY WITH EXI P
According to the policies and agreements between the City of Fort Collins and Larimer 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
the IGA, as amended:
It is the City s intent to annex within the GMA as expeditiously
properties P Y 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 1 arQn
N: FA-I (County); al R sS: L-M-N; E g sibdivisi (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 e ha v ment occur within the City in
order that the provision of urb level ices C d be minimized. This is a 100%
voluntary annexation. Thep 1 is not en n Apri 8, 2006, City Council approved a
Resolution which accepted the ion n establi 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 su Tg s e neighborhood. These
neighborhoods will fo a tran i n an li b we s ounding neighborhoods
and the commercial c with a nif-yi p ern of s ets and blocks. Buildings,
streets, bike and walkin o ac d par ll 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:
14
"Purpose. The Low D sity i d-Us rhYcoi.ned
rict is intended to be a
setting for a predomin cc of to dens using with complementary
and supporting land use ery gh oodeveloped 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 Neighborh ' h d•Vial Center at its core. For the
purposes of this Division, a n bor o sh e o dnsist of approximately eighty
(80) to one hundred sixty ( 0) acre with is ges consisting of major streets,
drainageways, irrigation ditche , ' ad an her sical 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-Cpar
b d . Y
hoods will consist of a
mix of housing types choo a d center. The density
will be a minimum o e of orr acre, with an overall
maximum of 8 dwellir ax2 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
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 evaluating the request for eJo n e do Ying, staff makes the following
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 a
D. Staff recommends the cel be ced t e Resi ntial 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 ReservoirCea
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 °2742" 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.I ANNEXATION BEING THE TRUE POINT OF
BEGINNING,
THENCE NORTH 89°32'18" 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`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,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. 1 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 ay of July, A.D. 2006.
Mayo
ATTEST:
4UL
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 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 Latimer, 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 °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.I 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, 65351 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 '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. l 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 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.1 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: Q
.59.E
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk