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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/03/2009 - RESOLUTION 2009-099 FINDING SUBSTANTIAL COMPLIANCE DATE: November 3, 2009 AGENDA ITEM S UMMARY ' STAFF: Steve Olt FORT COLLINSCOUNCIL Resolution 2009-099 Finding Substantial Compliance and Initiating Annexation Proceedings for the Fossil Creek 392 Annexation. EXECUTIVE SUMMARY 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 located on the south side of Carpenter Road(County Road 32),at the southwest corner of Interstate 25 & 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.The surrounding properties are currently zoned POL—Public Open Lands in the City to the north, C—Commercial and T—Tourist in Larimer County to the north,AP- Airport in Larimer County to the west and south, and C -Commercial in the Town of Windsor to the east. 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 this annexation. 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 that existing wetlands on the property 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 bufferzones to protect the wetlands. BACKGROUND f DISCUSSION The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by State law. 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 1-25/SH 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. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. November 3, 2009 -2- ITEM 20 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on November 19, 2009, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on December 15, 2009. ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map 4. 1-25/SH392 Interchange Improvement Plan Context Map 5. 1-25/SH392 Interchange Improvement Plan Framework Plan Map 6. 1-25/SH392 Interchange Improvement Plan Future Land Use Map' ATTACHMENT 1 W W Z 4h r cl d o boo W -----,—_ E COUNTY ROAD_32 -►---- SH 392 . — _ 0 -_a Z. A7- r� ~� v Z 'I ,J co yRo LnLu aJ y -L AR y 0 , i v ' PROPOSED Windsor Site Fossil Creek 392 Annexation Zoning e #32-09 A Vicinity Map 1 inch= 1,000 feet LL�j'�'��r i •i�rwl �r• r�/�'��4iu urillO��ulr•w w ■ 1 i iiii��h�f��•�ill iiiiiui qo Iuu e•..,� � rin4q� r' ' �I !I rQ111 11111U^- � IIO 41144 1114 44444�� mill,414114 , I • -25 i - - � _ � � I� �� p � • 1111111 S,� I r I m � 1Ic . � • d • 1 � ATTACHMENT City of Fort Collins Structure Plan #32-09 Fossil Creek 392 Annexation • Fort Collins - i .. '`_ i Timnath - s .......... Windsor i Separator S t Fossil Creek - � Reservoir r'r J TCarpenter,Rd - SH-392 Annexation Site Windsor i C R.38 -- N 1 Legend City of I 4 Annexation Site Structure Plan Rural Lands o t^Col�ins (Sri r• J ` City Limits * Commercial Corridor District Community Separator Boundaries dr Employment District open Lands,Parks and Stream Corridors Fort Collins GMA Urban Estate Poudre River Timnath Low Density Mixed-Use Neighborhoods Adjacent Planning Areas Windsor df Medium Density Mixed-Use Neighborhoods [.'�3 Water Features October 6, 2009 ATTACHMENT 4 .........................................-......................................................I................. 1-25/SH392 INTERCHANGE IMPROVEMENT PLAN Figure 3-Context Map Harmony.Rd L: lit Fossil Creek Reservior 1% iii Carpenter-Rd_ _!gf piano Loveland/Fort Collins Legend Separator Interchanges 0C orridor Activity Center :Fort Collins City Limits Fort Collins GMA Loveland City Limits Loveland GNIA L Ti�ra mnath City Limits iN�\ Ti df -limnath GMA Windsor City Limits Crossroads = Miles Windsor GMA 10 0.25 0.5 "%l Interchange Improvenment Pla 4 CHAPTER 1 -PROJECT CONTEXT k-l'T,k('H N1 ENT5 ...........................................................................................................................................................................- 1-25/SH392 INTERCHANGE IMPROVEMENT PLAN Figure 32- Framework Plan CV 3gr............... Local Room Major RQaawa/s ........ Mjl�T,,I, PMWc di Na! Pes Powtai 5Q7 Sne Commty GawWs 10 ll�Plan 52 CHAPTER 5-INTERCHANGE IMPROVEMENT PLAN ATTACHMENT 6 ......................................................I...................................................... ............................................................................................................................ 1-25 SH392 INTERCHANGE IMPROVEMENT PLAN igure 6-Future Land Use Map Fossai Creek Reservoir Swede Lake M. Legend Z, Pon 7"h"s tl- j Wnd� 16 CHAPTER 2-EXISTING CONDITIONS RESOLUTION 2009-099 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE FOSSIL CREEK 392 ANNEXATION WHEREAS,a written petition,together with four(4)prints of an annexation map,has been filed with the City Clerk requesting the annexation of certain property to be known as the Fossil Creek 392 Annexation; and WHEREAS,the City Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Fossil Creek 392 Annexation, more particularly described as situate in the County of Larimer, State of Colorado, 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 89°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 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 City Council hereby finds and determines that the annexation petition for the Fossil Creek 392 Annexation and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 3rd day of November, A.D. 2009. Mayor ATTEST: City Clerk l NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Fossil Creek 392 Annexation,said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That,on December 15,2009,at the hour of 6:00 p.m.,or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado,the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing,any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Commercial ("C")Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 3rd day of November, A.D. 2009. City Clerk