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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2012 - ITEMS RELATING TO THE KECHTER NO. 1 ANNEXATION ANDDATE: August 21, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT Items Relating to the Kechter No. 1 Annexation and Zoning. A. Resolution 2012-070 Setting Forth Findings of Fact and Determinations Regarding the Kechter Annexation No. 1. B. Hearing and First Reading of Ordinance No. 082, 2012, Annexing Property Known as the Kechter Annexation No. 1. C. Hearing and First Reading of Ordinance No. 083, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 1. EXECUTIVE SUMMARY As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 1 is the first Ordinance of this series of sequential annexations, which are as follows: Kechter Annexation No. 1- 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter Annexation No. 3 - 18.644 acres; Kechter Annexation total area: 19.279 acres. The majority of the land within the Kechter Annexation series includes 2313 Kechter Road, which is owned by the City of Fort Collins as part of the Land Bank program. 2313 Kechter Road contains one single-family residence and is in the FA-1 – Farming Zoning District in Larimer County. The Kechter Annexation does not create an enclave. There are no immediate plans to develop this annexation area. Kechter Annexation No. 1 is 0.31 acres and is located approximately 945 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The surrounding properties are existing residential land uses currently zoned FA-1 – Farming Zoning District in Larimer County to the north, south, east and west. BACKGROUND / DISCUSSION This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Annexation No.1 gains the required 1/6 contiguity to existing city limits from a common boundary with the southwest corner of the Sage Creek Subdivision to the east (Annexation HH-36, December, 1998). Annexation No.1 has 17.5% of its perimeter boundary contiguous with existing City limits from this common boundary, thus satisfying the requirement that no less than one-sixth (16.66%) of the perimeter boundary be contiguous to the existing City boundary. The surrounding land uses are as follows: Zoning: Land Uses: N: County FA-1 Blehm residential subdivision S: County FA-1 Existing single family residence E: County FA-1 Existing single family residence This 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 the Larimer County and City of Fort Collins. August 21, 2012 -2- ITEM 22 E: County FA-1 Homestead residential community W: County FA-1 Kechter Crossing – planned community The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The Land Use Code describes this zone district as follows: Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed 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 shall be arranged to form part of an individual neighborhood. 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 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 property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 2. The requested placement into the Low Density Mixed-Use Neighborhood District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Amended Intergovernmental Agreement – Growth Management Area. 4. On July 17, 2012, the City Council adopted Resolution 2012-053 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. 5. The requested L-M-N, Low Density Mixed-Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. FINANCIAL / ECONOMIC IMPACTS No direct financial impacts result from the proposed Kechter Annexation and zoning. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. August 21, 2012 -3- ITEM 22 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19, 2012 and voted 5-1 to recommend approval of the annexation. The Board voted 5-1 to recommend that the property be placed in the Low Density Mixed-Use Neighborhood Zone District. The minutes from the July 19, 2012 Planning and Zoning Board Hearing are attached (Attachment 6). PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map – Annexation 1, 2 and 3 2. Area Context Map 3. Zoning Map 4. Structure Plan Map 5. Fossil Creek Reservoir Area Land Use Map 6. Planning and Zoning Board minutes, July 19, 2012 Mail Creek Ditch McClellands Channel S TIMBERLINE RD OLD MILL RD ZEPHYR RD OWENS AVE WHITE WILLOW DR E COUNTY ROAD 36 STETSON CREEK DR ROCK CREEK DR CHANDLER ST COUNTRY SQUIRE WAY RABBIT CREEK RD COPPER CREEK DR Kechter Annexation Vicinity Map 1 inch = 600 feet ± Legend City Limits - Area City Limits - Outline Annexation - Area Annexation No. 1 Annexation No. 2 Annexation No. 3 ATTACHMENT 1 Mail Creek Ditch McClellands Channel S TIMBERLINE RD OLD MILL RD ZEPHYR RD OWENS AVE WHITE WILLOW DR E COUNTY ROAD 36 STETSON CREEK DR ROCK CREEK DR CHANDLER ST COUNTRY SQUIRE WAY RABBIT CREEK RD COPPER CREEK DR Kechter Annexation Nearby Subdivisions 1 inch = 600 feet ± Legend City Limits - Area City Limits - Outline Annexation - Area Blehm Subdivision Stetson Creek, Annx. 1986 Sage Creek, annx. 1998 Homestead Estates Scheller Subdivision Thorland Annexation, 2008 K.H.J.W., 2005 KECHTER ROAD Bacon Elementary Kechter Crossing (under review) Kechter Annexations 1,2 & 3 Willow Springs, annx. 1994 Westchase, annx. 2001 Liebel, 2005 Kechter Farm (under review) ATTACHMENT 2 BACON ELEMENTARY FOSSIL RIDGE HIGH SCHOOL KINARD CORE KNOWLEDGE MIDDLE SCHOOL PRESTON MIDDLE SCHOOL TRAUT CORE KNOWLEDGE FUTURE PARK HARMONY PARK SOUTHRIDGE GOLF COURSE SOUTHRIDGE GOLF COURSE SOUTHRIDGE GOLF COURSE SOUTHRIDGE GOLF COURSE Mail Creek Ditch McClellands Channel Fossil Creek RL LMN LMN T LMN UE POL UE POL HC MMN UE UE UE LMN E TRILBY RD S TIMBERLINE RD ZIEGLER RD ROCK CREEK DR TILDEN ST CORBETT DR OLD MILL RD ZEPHYR RD KECHTER RD OWE NS AVE SAGE CREEK RD WHITE WILLOW DR CARMICHAEL ST WESTCHASE RD COUNTY FAIR LN TIMBER CREEK DR E COUNTY ROAD 36 STETSON CREEK DR ANGELO DR MCMURRY AVE WILLOW SPRINGS WAY BATTLECREEK DR CRANE DR MILL STONE WAY CHANDLER ST KE ENLAND DR HARVEST ST PACIFIC CT S COUNTY ROAD 11 © Kechter Annexations 1, 2 and 3 Structure Plan Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) KECHTER RD E CR 36 S TIMBERLINE RD 1 inch = 0.3 miles S CR 9 ZIEGLER RD Site - Kechter Annexations 1, 2 & 3 Annexation ‐ Area ATTACHMENT 4 INTERSTATE 25 E HARMONY RD S TIMBERLINE RD E COUNTY ROAD 32 E TRILBY RD KECHTER RD ZIEGLER RD CARPENTER RD S COUNTY ROAD 7 S COUNTY ROAD 9 S COUNTY ROAD 11 STRAUSS CABIN RD S COUNTY ROAD 9 S TIMBERLINE RD ZIEGLER RD INTERSTATE 25 0 0.25 0.5 0.75 Miles © CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Amended: September 19, 2006 Adopted: March 28, 1998 City Limits Growth Management Area Loveland GMA Fossil Creek Project Area Resource Management Area Unified Development Plan Needed Parcels Natural Areas Water Proposed Trail Existing Trail Master Street Plan Collector 2 Lanes Arterial 2 Lanes Arterial 4 Lanes Major Arterial 6 Lanes Interstate Collector 2 Lanes - Outside GMA Arterial 2 Lanes - Outside GMA Arterial 4 Lanes - Outside GMA Major Arterial 6 Lanes - Outside GMA > Potential Grade Sep Rail Crossing R Potential Interchange Future Land Use ATTACHMENT 6 RESOLUTION 2012-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE KECHTER ANNEXATION NO. 1 WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Kechter Annexation No. 1; and WHEREAS, following notice given as required by law, the City 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 City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 2. That the City 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 of being integrated with the City. Section 3. That the City 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 City 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 City Council concludes that the area proposed to be annexed in the Kechter Annexation No. 1 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 this 21st day of August A.D. 2012. Mayor Pro Tem ATTEST: City Clerk ORDINANCE NO. 082, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE KECHTER ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-053, 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 LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET; THENCE N79°57'37"W, A DISTANCE OF 163.95 FEET; THENCE N75°35'33"E, A DISTANCE OF 166.47 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE ALONG SAID EAST LINE S00°49'59"E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,664 SQUARE FEET (0.130 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 Kechter Annexation No. 1, which annexation shall become effective upon completion of the conditions 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. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk ORDINANCE NO. 083, 2012 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 KECHTER ANNEXATION NO. 1 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 Kechter Annexation No. 1 to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood (“L-M-N”) Zone District, which property is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET; THENCE N79°57'37"W, A DISTANCE OF 163.95 FEET; THENCE N75°35'33"E, A DISTANCE OF 166.47 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE ALONG SAID EAST LINE S00°49'59"E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,664 SQUARE FEET (0.130 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. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. _________________________________ Mayor Pro Tem ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Commercial Corridor District Neighborhood Commercial District Employment District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Rural Lands Community Separator Open Lands, Parks and Stream Corridors Adjacent Planning Areas Printed: May 17, 2011 Fossil Creek Reservoir Area Land Use Framework Plan Site - Kechter Annexations 1, 2 & 3 ATTACHMENT 5 GLOBE CT ROCK CASTLE LN ROOKERY RD SABER CAT DR MAJESTIC DR SADDLE CREEK DR REDB ERRY CT GOLDEN WILLOW DR CORNERSTONE DR LADY MOON DR RUFF WAY CLYMER CIR PRAIRIE HILL DR COUNTRY SQUIRE WAY SWEETWATER CREEK DR FELTLEAF CT FALC ON RIDGE DR ROCK PARK DR BALDWIN ST KONA DR RIVER OAK DR TREESTEAD RD DRIPPING ROCK LN RABBIT CREEK RD FOSSIL CREEK PKWY ANDREWS ST FAN TAIL CT SMALLWOOD DR DAKOTA CT ROSEMARY CT THYME CT OLD LEGACY DR COPPER CREEK DR TOPANGA CT MACKENZIE CT EVENING PRIMROSE LN GOLDEN WILLOW CT TREESTEAD CT ANTERO CT FIRESIDE CT E TRILBY RD FOSSIL CREE K PKWY KEENLAND DR WHITE WILLOW DR ZIEGLER RD KECHTER RD POL Kechter Annexations 1, 2 and 3 1 inch = ± 1,300 feet City of Fort Collins Zoning Map Legend City Zoning ZONE NCM Limited Commercial Service Commercial Employment Low Density Mixed-Use Neighborhood Neighborhood Conservation Buffer Neighborhood Conservation Low Density Public Open Lands River Conservation Urban Estate Low Density Residential (RL) WaterBodies Kechter Crossing (under review) Kechter Farm (under review) Kechter Annexations 1, 2 & 3 Proposed Zoning: L-M-N ATTACHMENT 3