HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/17/2002 - RESOLUTION 2002-110 FINDING SUBSTANTIAL COMPLIANCE AGENDA ITEM SUMMARY ITEM NUMBER: 20
DATE: December 17, 2002
lip FORT COLLINS CITY COUNCIL FROM:
Ted Shepard
SUBJECT :
Resolution 2002-110 Finding Substantial Compliance and Initiating Annexation Proceedings for
the State Highway 14—East Frontage Road Annexation.
RECOMMENDATION:
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY:
The State Highway 14 — East Frontage Road Annexation is 47.15 acres in size. The site is
located on the east side of the I-25 East Frontage Road approximately one-quarter mile south of
State Highway 14 (East Mulberry Street). Contiguity with the existing municipal boundary is
gained along the southern boundary which is shared with the north property line of the Galatia
40 Annexation (230 acres). The recommended zoning is L-M-N, Low Density Mixed-Use
Neighborhood. An Amendment to the Structure Plan Map will also be recommended at the time
of the Annexation Ordinance.
The proposed Resolution states that it is the City's intent to annex this property and directs that
the published notice required by state law be given of the Council's hearing to consider the
annexation ordinance. The hearing will be held at the time of first reading of the annexation and
zoning ordinances on February 4, 2003. Not less than 30 days prior, published notice is required
by state law.
BACKGROUND:
This is a 100% voluntary annexation for a property located within 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 site is located within the boundaries
of the I-25 Sub Area Plan.
RESOLUTION 2002-110
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION AND ZONING PROCEEDINGS FOR THE
STATE HIGHWAY 14 - EAST FRONTAGE ROAD ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, was
heretofore filed with the City Clerk requesting the annexation of certain property to be known as the
State Highway 14 -East Frontage Road Annexation; and
WHEREAS,the Council of the City of Fort Collins desires to initiate annexation and zoning
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 Council hereby accepts the annexation petition for the State Highway
14-East Frontage Road Annexation,more particularly described as situate in the County of Latimer,
State of Colorado, to wit:
A TRACT OF LAND SITUATED IN THE NW 1/4 OF SECTION 15,TOWNSHIP
7 NORTH, RANGE 68 WEST OF THE 6TH P.M., COUNTY OF LARIMER,
STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE NW 1/4 OF SECTION 15,
BEING MONUMENTED AT THE EASTERLY END BY A 2-1/2" ALUMINUM
CAP ON A#6 REBAR STAMPED "LS 24307" AND AT THE WESTERLY END
BY A 3"ALUMINUM CAP STAMPED"RBD,INC,LS 17483"IS ASSUMED TO
BEAR N89'30'38" W, A DISTANCE OF 2643.04 FEET.
COMMENCING AT THE W 1/4 CORNER OF SAID SECTION 15; THENCE
N89°30'38"W,ON THE SOUTHERLY LINE OF SAID NW 1/2,A DISTANCE OF
55.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON
THE EASTERLY RIGHT OF WAY LINE OF THE INTERSTATE HIGHWAY 25
FRONTAGE ROAD AS SHOWN ON THAT CERTAIN EXEMPTION PLAT,
RECORDED DECEMBER 5, 1985, AS RECEPTION NO. 85062073, LARIMER
COUNTY RECORDS; THENCE N00°1937" E ON SAID EASTERLY RIGHT-
OF-WAY LINE ADISTANCE OF 1011.79 FEET TO THE SOUTHERLY LINE OF
TRACT ONE OF SAID EXEMPTION PLAT; THENCE S 89°40'58" E ON SAID
SOUTHERLY LINE A DISTANCE OF 1171.13 FEET TO THE
SOUTHEASTERLY CORNER THEREOF;THENCE S00°2922"W A DISTANCE
OF 403.53 FEET; THENCE S 89°3233" E A DISTANCE OF 1417.34 FEET TO
. THE EASTERLY LINE OF SAID NW 1/4; THENCE S00*1539" W ON SAID
EASTERLY LINE A DISTANCE OF 612.49 FEET TO THE CENTER 1/4
CORNER OF SAID NW 1/4; THENCE N89°30'38" W ON THE SOUTHERLY
LINE OF SAID NW 1/4 A DISTANCE OF 2588.04 FEET TO THE POINT OF
BEGINNING.
Section 2. That the Council hereby finds and determines that the annexation petition and
accompanying map are in substantial compliance with the Municipal Annexation Act.
Section 3. That the Notice attached hereto be 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
17th day of December, A.D. 2002.
Mayor
ATTEST:
City Clerk
2 -
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 State Highway 14 - East Frontage Road
Annexation,said Annexation being more particularly described in said Resolution, a copy of which
precedes this Notice.
That, on January 21, 2003, 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
"LMN" Low Density Mixed-Use Neighborhood 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 22nd day of December, A.D. 2002.
City Clerk
T H E
K A P L A N. C O M P A N Y
• INCORPORATED _
November 20, 2002
Ted Shepard, Chief Planner
Community Planning and Environmental Services
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80522-0580
Re: State Highway 14 /East Frontage Road Annexation
(formerly Prospect/East Frontage-Road Annexation)
Dear Ted:
This letter is a follow-up to our November 4, 2002 meeting, which included Ken
Waido and Joe Frank, to discuss resurrecting the above-referenced annexation
petition, submitted to the city July 13, 2000. This annexation and zoning have
been on hold with the city for nearly two and one-half years in anticipation of city
adoption of the 1-25 Subarea Plan.
I understand from our meeting that there is currently no bmeframe for adoption of
the 1-25 Subarea Plan other than now linking the plan to the five-year update to
City Plan. However, and as we discussed, the work already completed by staff
and consultants plus the numerous public hearings and City Council work
sessions present a planning foundation for identifying strategic open space areas
and residential densities in the vicinity of this annexation. This progress, coupled
with existing land use characteristics surrounding this property, provide a
sufficient public policy basis.to proceed with annexation and zoning.
The following is a property description, background information, justifications for
the requested Low Density.Mixed Use Neighborhood zoning district, and the
"open space conditions" we discussed as being part of the annexation petition:
1. Property Description
This 47.15 acre property is located on the east side of Interstate 25 between
Prospect Road and State Highway14, with approximately 1,012 feet of
frontage along the east frontage road. The property is in the city's existing
Urban Growth Area, with 36 percent of the border contiguous to the city limits
and 64 percent contiguous to urban density development as defined by the
Land Use Code.
/110
106 • Fort Collins, Colorado 80525 970/226-6819 Fax 970/23,7.9256
The property appears to be consistent with both the City's Compact Urban
Growth Standards (requiring only 1/6"'contiguity) and Adequate Public
Facilities criteria as stated in the Land Use Code. There are 1) improved
collector street access from Carriage Parkway to the east, 2) adequate
sanitary sewer extending through the property, 3) a 12 inch domestic water to
the east boundary, and 4) an existing storm water conveyance and outflow
location on the property.
Directly to the south is the Galatia Annexation at the northeast intersection of
1-25/ Prospect Road in the city limits. This 230 acre undeveloped property is
comprised of industrial, commercial and residential land uses and includes a
100 site along Prospect Road and owned by the Poudre R-1 School District
for a future high school location.
Three developed county subdivisions in the UGA border the property to the
north and east:
. Interchange Business Park, consisting of 65 acres at the southeast
intersection of 1-25/Prospect Road.
• Sunflower Subdivision, a senior-oriented, modular home neighborhood
on 37 acres at 5 du/acre. Rezoned 1981 in the county from FA-1 to R-1.
. Clydesdale Subdivision, a single-family neighborhood on 80 acres at 3
du/acre. Rezoned 2000 in the county from FA-1 to M-1.
Each of these three developments are subject to the IGA agreement between
the city and the county requiring future annexation to the city following the
establishment.of the required 1/6"' contiguity to city limits.
The west approximately 10 acres of the property (less 2 acres along the
frontage road) are in the existing Boxelder Creek federal floodplain. The creek
traverses north-south through the middle of this 10 acre area. This floodplain
is eligible for modification to allow development. Such floodplain revisions
:1 have already occurred in the Interchange Business Park to the north where
! there is now commercial development.
The city.is currently evaluating the Boxelder Creek and Cooper Slough
Floodplain and is tentatively showing, before any master planning,
approximately 12 acres east of the designated floodplain as a sheet flow,
"shallow flooding" area. According to Marsha Hilmes-Robinson with the cty's
Storm Water Department, this 12 acre area may be eliminated pursuant to the
updating to:the cty's storm water master plan, currently in process. But
otherwise, the property could be filled and channeled to allow development,
2
2. Background
The 47.15 acre area of the State Highway 14/East Frontage Road Annexation
(previously the "Prospect/East Frontage Road Annexation") was submitted to
the city in July 2000. The annexation was in conjunction with a
comprehensive rezoning request by another applicant for the adjoining
Galatia Property at the northeast intersection of 1-25 and Prospect Road. In
staffs September 1, 2000 letter to the applicants, staff recommended that an
amended petition be submitted before any further processing of that rezoning
request. An amendment to the rezoning has not been submitted by that
applicant, and the rezoning application is inactive.
Regarding the subject annexation, staff supported the annexation but
recommended that the property be zoned T-transition until the adoption of the
1-25 Subarea Plan, which was estimated to occur in the spring of 2001.
Rather than proceeding with the annexation and a "holding' zone district, the
applicant waited for the spring 2001 Plan adoption. The applicant was then
advised by staff to expect an August or September 2001 Plan adoption, which
also did not occur.
Staff is not longer giving a timeline for the 1-25 Subarea Plan. In that the Plan
attempts to address the controversial issue of where to place the Growth
Management Area boundary east of 1-25, any adoption of an 1-25 Subarea
Plan is now intertwined with the ongoing five year update to City Plan,
scheduled as an 18 months process, but which may also take considerably
longer.
The question of whether the existing Growth Management Area boundary
one-half mile east of this property should or should not change is not material
to the zoning of this property for several reasons. First, delaying land use
decisions based upon something that may or may not change in the future is
unfair and legally questionable.
Second, the City has more than adequate planning criteria through existing
policies to rationally determine a land use for this property. Finally, the two
and one-half year effort on the 1-25 Subarea Plan has certainly produced
sufficient additional direction for zoning this 47 acre property at the time of
annexation, despite the outcome of the GMA boundary question.
3. Justifications for LMN Zoning District
Two significant outcomes of the 1-25 Subarea Plan planning process to date
support the LMN zoning district for this property:
3
a. The current, "final draft" of this planning effort shows the LMN zoning
district for the entire 47 acre property, including the approximately 10
acres facing the frontage road and currently zoned C-commercial in
Larimer County.
b. The planning process has identified three (3) significant locations in the
Fort Collins portion of the 1-25 corridor for open lands,which locations
were discussed with City Council at its January 22, 2002 work session.
One such location is the approximately 10 acre frontage of this property,
most of which is in the existing Boxelder Creek floodplain. The LMN
zoning district for the entire property allows the applicant to support this
open land objective within this commercially-zoned area.
The applicant would concede to a downzoning from C-commercial for this
west portion of the property. The applicant would also agree to preserve
the open lands character of that portion as part of the site design for the
entire property. This would contribute to the conservation and open land
objectives of both thg,Jjfy-adopted�-25 Regional Plan and City Council's
January 22, 2002 direction for the Subarea Plan,while placing the
appropriate zoning on the property.
Designation of this property for the LMN zoning district in the "final draft" of
the 1-25 Sub Area Plan is indicative of many factors which support this land
use, including the following:
a. Abutting Development. Sixty-four percent (64%) of the property's perimeter
is contiguous to existing "urban density development" as defined in the
Land Use Code. This existing development is either commercial or a .
residential density in the county similar to the city's LMN zoning district.
b. Neighboring Employment Potential. The property is within one mile of one
of the highest concentrations of employment and industrial land uses in the
entire Urban Growth Area:The Interstate Business Park is adjacent to the
north, and 85 acres of Industrially-zoned land in the city limits is to the
south. Over 160 acres of E-employment zoned land is on the west side of
1-25 and also in city limits.
c. Neighboring Shopping Potential. The property is also within one mile of
one of the highest concentrations of retail and commercial land uses in the
entire Urban Growth Area. The 1-25/Prospect intersection includes
approximately 25 acres of C-commercial zoned property. Also, the
potential exists for a regional "activity center" as defined by the 1-25
Regional Plan at both the NE corner of 1-25/Prospect and the NE comer of
-25/State Highway 14.
4
d. 1-25 Access. A fully-improved collector road, Carriage Parkway, dead ends
at the east boundary and connects this property to a signalized intersection
at State Highway 14 about one-half mile east of 1-25. The property is within
minutes from the improved I-25/State Highway 14 interchange. Easy
access to 1-25 reduces vehicle-miles-traveled and has low demand on
existing city roadways
e. Existing Infrastructure. The property has improved collector street access
from Carriage Parkway to the east, adequate sanitary sewer extending
through the property, a 12 inch domestic water line to the east boundary,
and an existing storm water conveyance and outflow location.
f. Inconsistent with Purpose of Urban Estate District. The proposed LMN
zoning district is the lowest density planned residential district in the Land
Use Code, except for the Urban Estate District (U-E), where the maximum
density is 2 d.u./acre. The main purposes of the U-E district are to assure
compatibility with adjoining, existing low-density subdivisions and to
provide a transition between intense urban development and rural or open
lands (Division 4.1A of Land Use Code). Neither purpose is applicable with
regard to this annexation.
4. Open Space Conditions Accompanying Annexation and LMN Zoning
The applicant is agreeing to retain the open land character of the
approximately 10 acre frontage of the property, defined as the.area between
the frontage road and the east boundary of the existing federal floodplain.
Most of this property, excluding about two (2) acres, is in the Boxelder Creek
floodplain. This represents a downzoning from the existing C-commercial
zoning district in the county.
This area has been identified by the City as one of the three (3) potential
locations for open lands along the City's portion of the 1-25 corridor. Achieving
this open lands objective through voluntary means is an opportunity to
advance the Open Lands and Natural Areas objectives of the 1-25 Regional
Plan at no public acquisition cost. The applicant would in turn require of the
city that the entire 47 acres be zoned LMN and qualify as part of the net land
area for the purpose of density calculations.
In summary, 64 percent of this property adjoins urban density development, and
the prerequisite water, sanitary sewer, storm sewer and improved roadway
access are to the property. The "final draft" of the city's 1-25 Subarea Plan
indicates the requested LMN zoning for the property. The "final draft" also
identifies the west approximate 10 acres as a significant location for open lands.
The applicant is prepared to support the conservation and open lands objectives
5
of both the 1-25 Regional and 1-25 Subarea Plan by setting aside this 10 acres as
open space within a development plan.
The applicant leaves to your guidance whether a draft annexation agreement
including these conditions for annexation should accompany the petition or
whether the conditions are sufficiently clear to be discussed without a draft
agreement as part of the public hearing.process. Attached is an updated Petition
for Annexation along with ten (10) copies of the annexation map containing a
current vicinity map and the revised annexation name as the State Highway 14-E.
Frontage Road Annexation.
Thank you for the guidance from staff regarding this petition for annexation and
zoning.
Sincerely,
Lester M. Kaplan
Imago Enterprises, Inc.
6 .
{
.. �tY
..
3v
- ,� � � � � Tt.� �`: .
,,x
� �
_ . �, _ y 1 �� _ ��-
_ �!
�.1:. -_.
i',
.,>.. . .
�, ���
��.
'.
'.
y '
_ ..
8
r i
._ 'a �e
r
,4
� - qq
� A
�. � � 0 � '
,III'. . � .,�
� �
`� I '.�
Sffi
d � v
��`
� i
.. � /
J�
_. �..
-�._ g
` �
... _•y `,
�.: ... s
.. i
• • • � �
• s
December 10,2002 Construction and Development
RECEIVED
Fort Collins Planning and Zoning Board CURFiEN7 pLA14N1NG
%Ted Shepard,Chief Planner
Community Planning and Environmental Services
281 North College Avenue
Fort Collins,CO 80522-0580
Re: State Highway 14/East Frontage Road Annexation
Dear Board Members:
I
As the developer of the Clydesdale Park Subdivision,contiguous to the above referenced
proposed annexation and LMN,Low Density Mixed Use zoning,we would like to express our
support for this annexation and the LMN zoning.
Clydesdale is a close to fully improved county subdivision consisting of 216 single-family lots on
80 acres and located directly east of the annexation. The requested LMN zoning is the closest
equivalent to the existing M-I zoning for Clydesdale and is compatible with our existing
subdivision.
In the course of developing Clydesdale,we were required by the county to extend the collector
road(Carriage Parkway)running through our subdivision from State Highway 14 all the way to
the east property line of this annexation. This north-south collector will cross the subject property
and eventually extend to Prospect Road. A 12 inch water line is in Carriage Parkway and also to
the east property line of the annexation.
Our builders are experiencing a strong demand for houses from families that want proximity to
Interstate 25 and easy access to Downtown Fort Collins. This annexation would provide
additional,much-needed housing easily accessible to the interstate. Also,the extensive amount
of acreage in the vicinity and available for retail and employment uses would seem to support
additional opportunities for residential uses of the LMN density in this area east of I-25.
We support the State Highway 14/East Mulberry Annexation and LMN zoning for the above-
stated reasons,and urge the Board's approval.
Si , rely,
y .Stoner
President,Stoner and Company
2815 East Harmony Road,#108 • Fort Collins,Colorado 80528 •Phone: (970)229-1952 • Fax (970)229-19SI
Sincere Service since 1952
F i
i
O�
_ .... _ C p ..... ..
_Q_..
�43
5E
EE i
l I �LMN
In rstate `{ .G Kitchell
nds Esta as
--- in
E
Galatia z
'� Properties 7
D
NE
Resour
FOL pecoveN
Fam'
.e
RC
ad E
e '
,
#20-00 State Highway 14-East Frontage Road 12/4/02
Annexation & Zoning
Type 11 (LUC) 1 incn: 1000feet