HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2007 - ITEMS RELATING TO THE MCCLELLAND'S CREEK PD & PLD ITEM NUMBER: 18 A-C
AGENDA ITEM SUMMARY DATE: August 21, 2007
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Items Relating to the McClelland's Creek PD & PLD Second Filing Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
The Planning and Zoning Board voted 6 - 0 to recommend approval of the annexation; and, 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.
EXECUTIVE SUMMARY
A. Resolution 2007-069 Setting Forth Findings of Fact and Determinations Regarding the
McClelland's Creek PD &PLD Second Filing Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 094, 2007, Annexing Property Known as the
McClelland's Creek PD &PLD Second Filing Annexation.
C. Hearing and First Reading of Ordinance No. 095, 2007, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the McClelland's Creek PD&PLD
Second Filing Annexation to the City of Fort Collins, Colorado.
This is a request to annex and zone 44.32 acres located at the southwest corner ofKechter Road and
Strauss Cabin Road. McClelland's Creek runs along the southwest side of the property and Zach
Elementary School directly to the west. The property is undeveloped and is in the FA-1 Farming
District in Larimer County. The requested zoning in the City of Fort Collins is LMN-Low Density
Mixed-Use Neighborhood.
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.
August 21, 2007 -2- Item No. 18 A-C
APPLICANT: The Everitt Companies
c/o Stanley Everitt
3030 South College Avenue
Fort Collins, CO 80525
OWNER: McCreek, LLC
3030 South College Avenue
Fort Collins, CO 80525
BACKGROUND
The applicant, Stanley Everitt, on behalf of the property owners, McCreek, LLC, has submitted a
written petition requesting annexation of 44.32 acres. The property is located at the southwest
corner of Kechter Road and Strauss Cabin Road. Zach Elementary School is on the west side and
McClelland's Creek runs along the southwest side of the property. The property is undeveloped and
is in the FA-1 Farming District in Latimer County. The requested zoning in the City of Fort Collins
is LMN-Low Density Mixed-Use Neighborhood. The surrounding properties are currently zoned
FA-1 Farming in Larimer County to the east,LMN-Low Density Mixed-Use Neighborhood in the
City and FA-1 Farming in Larimer County to the north, FA-1 Farming in Larimer County to the
south, and LMN—Low Density Mixed-Use Neighborhood in the City to the west. 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 ofFort 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
Staley Annexation(May,2001)to the west,the Willow Brook Annexation No.2(September, 1999)
to the north, and the McClelland's Creek PD &PLD Annexation(January, 2006)to the southwest.
The surrounding zoning and land uses are as follows:
N: LMN in the City of Fort Collins,FA-1 in Larimer County;existing single-family residential
(Observatory Village, large acreages)
E: FA-1 in Larimer County; undeveloped, City natural area(Eagle View)
S: FA-1 in Latimer County; existing single-family residence on large acreage
W: LMN in the City of Fort Collins; existing single-family residential, school (Fossil Lake 5th
Filing PUD, Zach Elementary)
The requested zoning for this annexation is the LMN — Low Density Mixed-Use Neighborhood
Zoning District. There are several uses permitted in the District, subject to either administrative
review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of
the Comprehensive Plan, suggests that Low Density Mixed-Use Neighborhoods are 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
August 21, 2007 -3- Item No. 18 A-C
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 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 July 17, 2007, the City Council approved a resolution that 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 will 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 of July 19, 2007, 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.
ATTACHMENTS
1. Vicinity Map
2. Proposed Zoning Map
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RESOLUTION 2007-069
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE MCCLELLAND'S CREEK PD & PLD SECOND FILING ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the McClelland's Creek PD & PLD Second Filing
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
McClelland's Creek PD&PLD Second Filing 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 held this
21 st day of August, A.D. 2007.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 094, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
MCCLELLAND'S CREEK PD &PLD SECOND FINING ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2007-069,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 parcel of land located in the Northeast 1/4 of Section 9, the Southeast 1/4 of
Section 4, the Southwest 1/4 of Section 3 and the Northwest 1/4 of Section 10, all
in Township 6 North, Range 68 West of the 6th Principal Meridian, County of
Larimer, State of Colorado, and being more particularly described as follows:
Commencing at the Northeast Corner of said Section 9 and assuming the North line
of the NE1/4 of Section 9 to bear South 88°28'48" East, a distance of 2656.31 feet,
with all other bearings herein relative thereto;
Thence North 45°1 T12" West a distance of 43.83 feet to a point on the North right-
of-way line of Kechter Road, said point being the POINT OF BEGINNING;thence
North 82°10'O1" East a distance of 65.33 feet; thence South 02051'16" West a
distance of 70.06 feet to a point on the East right-of-way line of Strauss Cabin Road;
thence South 00°09'07" East along said East right-of-way line a distance of 1286.58
feet;thence North 88026'41"West a distance of 1248.45 feet;thence North 50°32'59"
West a distance of 20.19 feet;thence North 67°58'43" West a distance of 29.85 feet;
thence North 79°08'46"West a distance of 29.88 feet;thence North 71°57'32"West
a distance of 50.98 feet;thence North 63'11'35"West a distance of 37.02 feet;thence
North 57'01'37" West a distance of 62.90 feet; thence North 47°31'56" West a
distance of29.50 feet; thence North 37°16'39"West a distance of 90.91 feet;thence
North 33°06'23" West a distance of 105.14 feet; thence North 41°12'39" West a
distance of 49.33 feet;thence North 46057'57" West a distance of 89.74 feet;thence
North 58009'31" West a distance of 67.94 feet; thence North 64°07'21" West a
distance of 56.23 feet; thence North 53°5 F25" West a distance of 97.43 feet; thence
South 90°00'00" East a distance of 113.56 feet; thence along a curve concave to the
Northwest having a central angle of 90°04'12" with a radius of 400.00 feet, an arc
length of 628.81 feet and the chord ofwhich bears North 44°57'54"East,566.03 feet;
thence North 00°04'12"West a distance of 394.77 feet;thence South 88°28'48"East
a distance of 664.39 feet; thence North 01°23'02" West a distance of 60.08 feet to a
point on the North right-of-way of Kechter Road; thence South 88°28'48" East,
634.00 feet to the POINT OF BEGINNING.
Said parcel of land contains 44.322 acres, more or less.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
McClelland's Creek PD&PLD Second Filing 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
August, A.D. 2007, and to be presented for final passage on the 4th day of September, A.D. 2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 4th day of September, A.D. 2007.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 095, 2007
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 MCCLELLAND'S CREEK PD &PLD SECOND FILING 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 McClelland's Creek PD &PLD Second Filing Annexation to the City of
Fort Collins,Colorado,in 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:
A parcel of land located in the Northeast 1/4 of Section 9, the Southeast 1/4 of
Section 4, the Southwest 1/4 of Section 3 and the Northwest 1/4 of Section 10, all
in Township 6 North, Range 68 West of the 6th Principal Meridian, County of
Larimer, State of Colorado, and being more particularly described as follows:
Commencing at the Northeast Corner of said Section 9 and assuming the North line
of the NE1/4 of Section 9 to bear South 88028'48" East, a distance of 2656.31 feet,
with all other bearings herein relative thereto;
Thence North 45'1 T 12" West a distance of 43.83 feet to a point on the North right-
of-way line of Kechter Road, said point being the POINT OF BEGINNING; thence
North 82°10'01" East a distance of 65.33 feet; thence South 02°51'16" West a
distance of 70.06 feet to a point on the East right-of-way line of Strauss Cabin Road;
thence South 00°09'07"East along said East right-of-way line a distance of 1286.58
feet;thence North 88°26'41"West a distance of 1248.45 feet;thenceNorth 50°32'59"
West a distance of 20.19 feet;thence North 67°58'43"West a distance of 29.85 feet;
thence North 79°08'46"West a distance of29.88 feet;thence North 71°57'32"West
a distance of 50.98 feet;thence North 63°11'35"West a distance of 37.02 feet;thence
North 57'01'37" West a distance of 62.90 feet; thence North 47°31'56" West a
distance of 29.50 feet;thence North 37°16'39"West a distance of 90.91 feet;thence
North 33006'23" West a distance of 105.14 feet; thence North 41°12'39" West a
distance of 49.33 feet;thence North 46°57'57"West a distance of 89.74 feet;thence
North 58°09'31" West a distance of 67.94 feet; thence North 64°07'21" West a
distance of 56.23 feet;thence North 53°51'25"West a distance of 97.43 feet;thence
South 90000'00" East a distance of 113.56 feet;thence along a curve concave to the
Northwest having a central angle of 90°04'12" with a radius of 400.00 feet, an arc
length of 628.81 feet and the chord of which bears North 44°57'54"East,566.03 feet;
thence North 00°04'12"West a distance of 394.77 feet;thence South 88°28'48"East
a distance of 664.39 feet; thence North 01'23'02" West a distance of 60.08 feet to a
point on the North right-of-way of Kechter Road; thence South 88°28'48" East,
634.00 feet to the POINT OF BEGINNING.
Said parcel of land contains 44.322 acres,more or less.
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 21st day of
August, A.D. 2007, and to be presented for final passage on the 4th day of September, A.D. 2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 4th day of September, A.D. 2007.
Mayor
ATTEST:
City Clerk