HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2010 - ITEMS RELATING TO THE FOSSIL CREEK 392 ANNEXATION DATE: January 5, 2010 '
STAFF: Steve Olt • - • •
Items Relating to the Fossil Creek 392 Annexation and Zoning.
A. Second Reading of Ordinance No. 139,2009,Annexing Property Known as the Fossil Creek 392 Annexation
to the City.
B. Second Reading of Ordinance No. 140, 2009, Amending the Zoning Map of the City of Fort Collins and
Classifying for-Zoning Purposes the Property Included in the Fossil Creek 392 Annexation to the City.
EXECUTIVE SUMMARY
These Ordinances, unanimously adopted on First Reading on December 15, 2009, annex and zone 28 acres located
on the south side of Carpenter Road (SH 392), at the southwest corner of Interstate 25 and Carpenter Road. The
property is undeveloped and is in the AP-Airport District in Larimer County.The requested zoning for this annexation
is C -Commercial.
Pursuant to direction from the Council on First Reading, Ordinance No. 140, 2009, which places the property in the
C-Commercial District, has been revised to include a condition that, prior to the submittal of a Project Development
Plan for all or any portion of the property, a comprehensive Ecological Characterization Study of the entire property
must be prepared by a qualified consultant and submitted to and approved by the City.
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ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- December 15, 2009
(w/o attachments)
ATTACHMENT 1
DATE: December 15, 2009 '
STAFF: Steve Olt -
Items Relating to the Fossil Creek 392 Annexation and Zoning.
A. Resolution 2009-113 Setting Forth Findings of Fact and Determinations Regarding the Fossil Creek 392
Annexation and Zoning. ���
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B. Hearing and First Reading of Ordinance`No. 139; 2009 A�newng Property Known as the Fossil Creek 392
Annexation to the City.
C. Hearing and First Reading of Ordinance No. 140, 2009,Amending-the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Fossil Creek 392 Annexation to the City.
EXECUTIVE SUMMARY
This is a request to annex and zone 28 acres located on the south side of Carpenter Road(SH 392), at the southwest
corner of Interstate 25 and Carpenter Road.The property is undeveloped and is in the AP-Airport District in Larimer
County. The requested zoning for this annexation is_C -Commercial. /�
Staff is recommending that this property not be included ih the,Residential Neighborhood Sign District. A map
amendment will be necessary to place this property on the Residential Neighborhood Sign District Map as an "Area
Not in the Sign District'. The Residentia� Neighborhood%SignjDistrict"wascestablished for the purpose of regulating
signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs
because of their predominantly residential use and character. The subject property is in an identified commercial
corridor along 1-25, with the closest predominantly residential uses approximately 1,000 feet to the west.
This annexation request is in conformance with the Colorado Revised Statutes as they relate to annexations,
the City of Fort Collins Comprehensive Plan,the City of Fort Collins Land Use Code,the Fossil Creek Reservoir
Area Plan,the Larimer County and City of Fort Collins Intergovernmental Agreement,the City of Fort Collins and
Town of Windsor Intergovernmental Agreement,and the 1-25/SH 392 Interchange Improvement Plan.There are
no known controversies associated with--thhis annexation.
ndxation. VA-few-issues to b57addressed as part of a future site
specific development plan relate td coordination of the SH 392 andNssouthwest frontage road alignments and
right-of-way delineations and, potential impacts on the existrgwetlands on the middle portion of the property.
The development review process has protection measures within Section 3.4.1(E) of the Land Use Code to
ensure that existing wetlands on th&prop`erty are-adequately protected and buffered. Within this section is the
requirement for the provision of an ecological characterization study, which is the foundation for establishing
buffer zones to protect the wetlands.
BACKGROUND / DISCUSSION
The applicant, Larry Gilleland,for the property owners,VPD 392 LLC and Peter Prato,has submitted a written petition
requesting annexation of 28.9 acres loc'ate`d=the:south side of'Carpenter Road (SH 392), at the southwest corner
of Interstate 25 and Carpenter Road. he property is undeveloped and is in the AP-Airport District in Larimer County.
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The requested zoning in the City of Fort Collins is C -Comm.erciakwThe sub rounding properties are currently zoned
POL—Public Open Lands in the City to the north,C—Commercal and T—Tourist in Larimer County to the north,AP-
Airport in Larimer County to the west and-south, andnd C - Commercial in the Town of Windsor to the east. This is a
100%voluntary annexation.
December 15, 2009 -2- ITEM 20
The property is located within the Fort Collins Growth Management 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. The property lies within the Corridor Activity Center boundary in the 1-251SH 392
Interchange Improvement Plan. It gains the required 1/6 contiguity to existing City limits from a common boundary
with the Fossil Creek Reservoir Open Space Annexation (June, 2008)to the north.
The surrounding zoning and land uses are as follows:
N: POL in the City of Fort Collins, C and T in Larimer County; undeveloped
E: C in the Town of Windsor; existing commercial development
S: AP in Larimer County; existing,arge acreage:`sidentrial;�mmercialr7
W: AP in Larimer County; existing large-acreage residential, comm`ercia`1'
The requested zoning for this annexation is the C-Commercial Zoning District. There are numerous uses permitted
in this District, subject to either admmisfrative review_or�review by the Planning and Zoning Board. The adopted City
Structure Plan,a part of the Comprehensive Plan(City Plan), identifies that Commercial is appropriate in this location.
The request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of
Fort Collins Land Use Code, the Fossil Creek Reservoir Area Plan, the Larimer County and City of Fort Collins
Intergovernmental Agreement, the City of Fort Collins and Town of Windsor Intergovernmental Agreement, and the
1-251SH 392 Interchange Improvement Plan.
A few issues to be addressed as part of a future site specific development plan relate to coordination of the SH 392
and southwest frontage road alignments and right-of-way delineations and, potential impacts on the existing wetlands
on the middle portion of the property. The development review process has protection measures within Section
3.4.1(E)of the Land Use Code to ensure-ttiat;existiy g wetlandston.th'e;pFopertyfare adequately protected and buffered.
Within this section is the requirement-for the provision of an ecological characterization study,which is the foundation
for establishing buffer zones to protect the he wetlands. F
Findings:
1. The annexation of this area is consistent with the policies and agreements between Larimer 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 November 3,2009,the City Council adopted Resolution 2009-099 which accepted the annexation petition
and determined that the petition wa i 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 C—Commercial Z`onying District.is;in conformance with the policies of the City's Comprehensive
Plan.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
No direct economic impacts will result with this proposed annexation and zoning as the property is undeveloped at the
present time. With new commercial development,the City may participate in infrastructure financing along with private
development. Future commercial development will also generate sales and use tax revenues for the City.
The physical environment will not be/directly impacted byahe yproposed`an�nexahon and zoning of the property. The
zoning standards described in the Land Use Code establish regulations tb,determine the appropriate land uses and
design and development standards required,for`new development. New development is required to comply with the
City's Land Use Code Natural Area Standards t assess an']address any-potential environmental impacts.
The health, safety and well-being of the community and its citizens will not be adversely impacted by the proposed
December 15, 2009 -3- ITEM 20
annexation and zoning of the property. The annexation request is in conformance with the State of Colorado Revised
Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan and Land Use Code, the Fossil
Creek Reservoir Area Plan,the Larimer County and City of Fort Collins Intergovernmental Agreement,the City of Fort
Collins and Town of Windsor Intergovernmental Agreement, and the /-251SH 392 Interchange Improvement Plan.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
Staff recommends that this property not.be-in luded,in,th�e Residential Neighborhood Sign District. A map amendment
will be necessary to place this property on the.Residential!Neighborhood,Sign�District Map as an"Area Not in the Sign
District". Lam'
BOARD/COMMISSION RECOMMENDATION
The Planning and Zoning Board voted 7-0 to recommend approval of the annexation and that the property be placed
in the C -Commercial Zoning District.
The Planning and Zoning Board voted 7 - 0 to recommend that this property not be included in the Residential
Neighborhood Sign District. A map amendment will be necessary to place this property on the Residential
Neighborhood Sign District Map as an "Area Not in the Sign District".
At the November 19, 2009 Planning and Zoning Board public hearing, staff forwarded a recommendation for a
condition of approval on the zoning of property. The need'for_a'4 cological Characterization Study(ECS)for the
subject property is a certainty because kn wn�wetlands one the property Based on requirements set forth in the
Section 3.4.1(D)(1) of the Land Use Code, an ECS-must be part of any-future Project Development Plan (PDP)
submittal to the City if the development site contains, or is within 500 feet of, a natural habitat or feature, or if it is
determined that the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of
protection. Staff determined that it would be prudent to receive and review an ECS for the subject property prior to
an applicant/developer investing the time and expense of preparing a complete PDP submittal that may be subject
to changes after review of an ECS. The recommended condition stated:
"A comprehensive Ecological Characterization Study must be prepared by a qualified consultant and
submitted to the City for review and acceptance prior to the submittal of any application for approval
of a Project Development Plan." r- —__�
After lengthy discussion and deliberation the Planning an,d Zoning,Boardldecided not to support the recommended
condition of approval on the zoning rand did/not.includelt6lcondition in its recommendation to City Council. The
Board's position is that requiring an ECS tome submitted;prior to PDP subo ittal should be more of a broad, citywide
policy issue and that making it a condition of approval on annexation of a specific property is inappropriate.
PUBLIC OUTREACH
The public notification of the annexation and zoning request occurred prior to the item going before the Planning and
Zoning Board at its regularly scheduled public hearing on November 19, 2009. A letter of notification of the public
hearing (containing date, time, and place for the hearing and a description of the request)was mailed to all affected
property owners within 1,000 feet of the property 14 days prior_to,the heaving. neighborhood meeting is not required
for annexation of property and no meeting was held forrthis annexation and onmg request.
December 15, 2009 -4- ITEM 20
ATTACHMENTS
1. Minutes from the November 19, 2009 Planning and Zoning Board Meeting.
2. Vicinity Map
3. City Structure Plan (partial)
4. City Zoning Map (partial)
5. Powerpoint Presentation.
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COPY
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ORDINANCE NO. 139, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
FOSSIL CREEK 392 ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2009-099,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 TRACT OF LAND SITUATE IN THE COUNTY OF LARIMER, STATE OF
COLORADO, TO WIT:
NW 1/4 OF SECTION 22, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE
6TH P.M., LARIMER COUNTY, COLORADO. CONSIDERING THE NORTH
LINE OF SAID SECTION 22 AS BEARING N 890 40' 32" E AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT
THE NW CORNER OF SAID SECTION 22, THENCE N 890 40'32" E, 60.01'TO
THE TRUE POINT OF BEGINNING.
THENCE CONTINUING ON THE NORTH LINE OF SAID SECTION 22, SAID
LINE ALSO BEING THE CENTERLINE OF A COUNTY ROAD N 890 40'32" E,
1214.38 FEET;THENCE LEAVING SAID SECTION LINE S 000 19'28" E,33.41
FEET TO THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25,
THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE ON THE
FOLLOWING COURSES:
S 810 21' 28" E, 303.80 FEET;
N 890 33' 02" E, 450.02 FEET;
S 310 12' 58" E, 553.67 FEET;
S 180 25' 02" E, 70.21 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE S 890 34'58"W,2279.35 FEET;
THENCE NO 000 28' 50"E, 625.37 FEET TO THE POINT OF BEGINNING.
THUS DESCRIBED TRACT CONTAINS 28.974 ACRES.
is hereby annexed to the City of Fort Collins and made a part of said City,to be known as the Fossil
Creek 392 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
December, A.D. 2009, and to be presented for final passage o e th day of January, A.D 010.
Mayor
ATTEST:
%LL
City Clerk
Passed and adopted on final reading on the 5th day of January, A.D. 2010.
Mayor
ATTEST:
City Clerk
ORDINANCE NO . 140, 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 FOSSIL CREEK 392 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 Fossil Creek 392 Annexation (the "Property") to the City of Fort Collins,
Colorado, in the Commercial ("C") Zone District, which pProperty is more particularly described
as situate in the eounty of harimer, State of eolorado, to wi follows :
A TRACT OF LAND SITUATE IN THE COUNTY OF LARIMER, STATE OF
COLORADO, TO WIT :
NW 1 /4 OF SECTION 22 , TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE
6TH P .M. , LARIMER COUNTY, COLORADO , CONSIDERING THE NORTH
LINE OF SAID SECTION 22 AS BEARING N 890 40' 32 " E AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT
THE NW CORNER OF SAID SECTION 22, THENCE N 890 4013211 E, 60.01 ' TO
THE TRUE POINT OF BEGINNING.
THENCE CONTINUING ON THE NORTH LINE OF SAID SECTION 22, SAID
LINE ALSO BEING THE CENTERLINE OF A COUNTY ROAD N 890 40'32 " E,
1214. 38 FEET; THENCE LEAVING SAID SECTION LINE S 00' 19' 28 " E, 33 .41
FEET TO THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25 ,
THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE ON THE
FOLLOWING COURSES :
S 810 21 ' 28 " E, 303 . 80 FEET;
N 890 33 ' 02 " E, 450. 02 FEET ;
S 310 12' 58 " E, 553 . 67 FEET ;
S 180 25 ' 02 " E, 70 .21 FEET;
THENCE LEAVING SAID RIGHT OF WAY LINE S 890 34' 58 "W, 2279 . 35 FEET;
THENCE NO 000 28' 50 "E, 625 . 37 FEET TO THE POINT OF BEGINNING.
THUS DESCRIBED TRACT CONTAINS 28 . 974 ACRES .
Section 2 . That the foregoing zoning of the Property shall be subject to the following
condition:
At least ten ( 10) working days prior to the submittal of a Project Development Plan
application for all or any portion of the Property, a comprehensive Ecological
Characterization Study of the entire Property must be prepared by a qualified
consultant and submitted to the City for review.
Section 23 . 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 S4 . 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
December, A.D . 2009, and to be presented for final passage on the 5th day of January, A . D . 2010 .
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading on the 5th day of January, A . D . 2010 .
Mayor
ATTEST :
City Clerk