HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2003 - POSTPONEMENT OF ITEMS RELATING TO THE PETERSON ANN AGENDA ITEM SUMMARY ITEM NUMBER: 8 A-B
FORT COLLINS CITY COUNCIL DATE: August 19, 2003FROM
Troy W. Jones
SUBJECT :
Postponement of Items Relating to the Peterson Annexation, until October 7, 2003.
RECOMMENDATION:
Staff recommends postponement of the Ordinances on Second Reading, to October 7, 2003.
EXECUTIVE SUMMARY:
A. Postponement of Second Reading of Ordinance No. 051, 2003, Annexing Property
Known as the Peterson Annexation to the City of Fort Collins, to October 7, 2003.
B. Postponement of Second Reading of Ordinance No. 052, 2003, Amending the Zoning
Map of the City of Fort Collins and Classifying for Zoning Purposes the Property
Included in the Peterson Annexation, to October 7, 2003.
On April 1, 2003, Council unanimously adopted Resolution 2003-041, amending the Structure
Plan for the property known as the Peterson Annexation, and Council also unanimously adopted
Resolution 2003-042, setting forth findings of fact and determinations regarding the Peterson
Annexation. This is a request for a 100% voluntary annexation of approximately 27.89 acres,
located a half mile east of I-25 and south of Vine Drive. This requested zone district is Urban
Estate.
On April 1, 2003, Council unanimously adopted Ordinance No. 051, 2003 and Ordinance No.
052, 2003, annexing and zoning the property included in the Peterson Annexation. Because
there have been further delays in the final approval of this project, staff recommends postponing
Second Reading of these Ordinances to October 7, 2003.
. ORDINANCE NO. 051, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
PETERSON ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2003-016 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:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN AS BEARING N 89°25' 59"W WITH ALL BEARINGS
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 89' 25' 59"W 324.35 FEET;THENCE, S 01' 50' 54"E 50.07 FEET TO
A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE
AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTINUING, S 01° 50' 54" E 687.94 FEET; THENCE, N 89' 28' 17" W 1014.23
FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE
KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, S 00°
03' 28"E 1857.02 FEET ON AND ALONG SAID EASTERLY LINE;THENCE S 89°
28' 14"E 754.47 FEET;THENCE,S 89°28' 13"E 963.99 FEET;THENCE,N 00'09'
15"W 80.01 FEET;THENCE N 89°28' 13"W 963.10 FEET;THENCE,N 89'28'02"
W 149.85 FEET;THENCE,N 00' 10' 34"W 1187.93 FEET;THENCE,N 87°43' 24"
W 352.93 FEET;THENCE, N 00` 31' 42"E 518.31 FEET;THENCE S 89' 28' 17"E
847.21 FEET; THENCE, N 02' 55' 31" W 299.26 FEET; THENCE S 89° 33' 50" E
262.00 FEET;THENCE,N 00° 32' 13"W 274.63 FEET;THENCE,N 50"40' 29" W
245.44 FEET; THENCE, N 00' 28' 32" E 19.73 FEET TO A POINT OF
INTERSECTION WITHTHE SOUTHERLY RIGHT-OF-WAY LINE OFEAST VINE
DRIVE;THENCE, N 89' 25' 59"W 165.25 FEET ON AND ALONG SAID RIGHT-
OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 27.89 ACRES MORE OR LESS.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
. the Peterson 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 Ist day of April,
A.D. 2003, and to be presented for final passage on the 19th day of August, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of August, A.D. 2003.
Mayor
ATTEST:
City Clerk
2
ORDINANCE NO. 052, 2003
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 PETERSON 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 2.8 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 be, and the same hereby is, changed and
amended by including the property known as the Peterson Annexation to the City of Fort Collins,
Colorado, in the Urban Estate ("UE")Zone District, which property is more particularly described
as situate in the County of Larimer, State of Colorado, to wit:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERDIAN AS BEARING N 89' 25' 59" W WITH ALL BEARINGS
HEREIN REALITIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 89' 25' 59"W 324.35 FEET;THENCE, S 01° 50' 54"E 50.07 FEET TO
A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE
AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTINUING, S 01° 50' 54" E 687.94 FEET;THENCE, N 89` 28' 17" W 1014.23
FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE
KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, S 00°
03' 28"E 1857.02 FEET ON AND ALONG SAID EASTERLY LINE;THENCE S 89°
28' 14"E 754.47 FEET;THENCE,S 89°28' 13"E 963.99 FEET;THENCE,N 00'09'
15"W 80.01 FEET;THENCE N 89°28' 13"W 963.10 FEET;THENCE,N 89°28' 02"
W 149.85 FEET;THENCE, N 00' 10' 34"W 1187.93 FEET;THENCE,N 87'43' 24"
W 352.93 FEET;THENCE, N 00° 3 F 42" E 518.31 FEET;THENCE S 89' 28' 17"E
847.21 FEET; THENCE, N 02' 55' 3 1" W 299.26 FEET;THENCE S 89 ° 33' 50" E
262.00 FEET; THENCE, N 00° 32' 13"W 274.63 FEET;THENCE, N 50' 40' 29"W
245.44 FEET;THENCE, N 00 ' 28' 32" E 19.73 FEET TO A POINT OF
INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OFEAST VINE
DRIVE;THENCE,N 89' 25' S9"W 165.25 FEET ON AND ALONG SAID RIGHT-
OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 27.89 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 be,and the same hereby is,changed and amended by showing
that the above-described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Engineer 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 1st day of April,
A.D. 2003, and to be presented for final passage on the 19th day of August, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of August, A.D. 2003.
Mayor
ATTEST:
City Clerk
AGENDA ITEM SUMMARY ITEM NUMBER: 15 A-D
10 FORT COLLINS CITY COUNCIL DATE: April 1, 2003FROM•
Troy W. Jones
SUBJECT:
Items Relating to the Peterson Annexation and Zoning.
RECOMMENDATION:
Staff and the Planning an onin oard a mmenYoption of the Resolutions and
Ordinances on First Reading. -A-
EXECUTIVE SUMMARY:
A. Resolution 2003-041 Amending the Structure Plan for the Property Known as the
Peterson Annexation. _
B. Resolution 2003-042 Setting Forthn s of 0act-n'd
Findi Determinations Regarding the
Peterson Annexation. JL
C First Reading of Ordinance No. 051, 2003, Annexing Property Known as the Peterson
Annexation to the City of Fort Collins.
D. First Reading of Ordinance No. 052, 2003, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Peterson
Annexation.
BACKGROUNDmately
This is a request for a 100% .lunt ne o f approxl 27.89 acres, located a half
mile east of I-25 and south of me Drive. This requested�ne district is Urban Estate. A
Structure Plan amendment is also requested to change the designation of the property from Rural
Open Lands/ Stream Corridor to Urban Estate.
This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing
city limits. Peterson Annexation and Zoning complies with this standard since the property has
1866.19 feet of its total boundary of approximately 10,643.30 feet contiguous to the existing
City limits. This meets the minimum 1773.88 feet required to achieve 1/6 contiguity. This
contiguity occurs through a common boundary with the Kirschner Annexation (December 1993).
The property is located within the Fort Collins Urban Growth Area (UGA). According to
policies and agreements between the City of Fort Collins and Latimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to
April ,
DATE: ITEM NUMBER:
consider annexation of property in the UGA when the property is eligible for annexation
according to state law.
ZONING AND ANALYSIS:
The property is currently zoned FAl -Fanning in Larimer County. The requested zoning for
this annexation is the Urban Estate District (UE). An assignment of UE zoning is consistent with
the approved County subdivision (Peterson MLD) for the property. The site is a large vacant
property located between Industrial zoned property within the City Limits, and the Streamside
Planned Land Division, which is a County development application, of Urban Estate type
density, currently under vied ire a t- th ite.. Ithough the developer is not
currently pursuing developh' prop y n atr bf this property will allow any
future development of the siv ed u e e City's risdiction.
I-25 SUBAREA PLAN:
A. Regional I-25 Plan.
The parcel is contained within the I-25 Sub Area Plan. This sub-area plan is a
component of the I-25 Regional Communities Corridor Plan, which was adopted
by the City Council in November of 2001.
7-
B. City Plan's refCnce tie I-25 ub ea Plan
City Plan Princi Ike ,LU-4 s.�tates: ore specific sub-area planning efforts will
follow adoption of these City Plan Principles and Policies which tailor City Plan's
city-wide perspective to individual neighborhoods, districts, corridors and edges."
City Plan Policy LU-4.5 states: "The following areas have been identified as
priority for future Subaru planning:
• I-25 Corridor
• Mountain Vista
• East Mulberry
• Fossil C @•` W s0Sub
a
C. U-E Zoning wi in the I- re
The Final Draft of the I-25 Sub Area Plan calls for a mix of neighborhoods and
densities. The Final Draft states: "The Urban Estate classification is intended to
allow for choices of very low density and large-lot housing in the community, and
to provide a physical transition between urban development and rural/open lands.
Most of the undeveloped areas designated for residential development in the Sub
Area Plan are classified as Urban Estate areas, that will have a maximum
allowable density of two (2) dwelling units per acre. These areas provide for a
transition between the higher intensity commercial and industrial uses located
adjacent to the I-25 highway and a larger lot residential development (2 '/2 acre
lots) east of County Road 5."
DATE: n , 200.5 J
ITEM NUMBER:
Both Peterson and Streamside Annexations satisfy the language of the U-E land
use classification quoted above. Industrial zoned property abuts the West Side of
the Peterson Annexation and rural and larger lot residential development exists
east of the Streamside Annexation. Additionally, the Draft Land Use Plan for the
I-25 Sub Area Plan identifies the property as Urban Estate. Therefore, the
applicant has applied for U-E zoning in conformance with the Final Draft of the I-
25 Sub Area Plan.
D. Status of the I-25 Sub Area Plan.
The I-25 Sub a•�1 tPdo ed a�this time. The Planning and
Zoning Board d Cit uncilhe an for consideration in the Spring
of 2003. The cture an id t nee to do additional planning for the
I-25 corridor by esignati e I-2- pecial Study Corridor.
STRUCTURE PLAN AMENDMENT
As mentioned, the Final Draft of the I-25 Sub Area Plan, which calls for U-E zoning, has not yet
been considered by the Planning and Zoning Board nor adopted by the City Council. Since the
Structure Plan Map indicates "Rural Open Lands/Stream Corridor and Employment," a Structure
Plan amendment is part of this request. The Structure Plan Map also designates I-25 as a
"Special Study Corridor" indicg�Pat t e 199 version o the Structure Plan did not provide
sufficient guidance for land use decisi -makt g nd t at u a land use considerations were
anticipated.
A. Request
Section 2.9.4(I-I)(2)(a) allows a zoning request to be justified if the proposed
request is consistent with the City's Comprehensive Plan. (The Structure Plan is a
component of the Comprehensive Plan.)
According to Council Resolution 2000-140, a Comprehensive Plan Amendment
may be approved if the City Council makes specific
findings that:
• The ext i�t ng Cit Ian a eIlk /element thereof is in need of the
propose amend -nt; a
• The proposed major plan amendment will promote the public welfare and
will be consistent with the vision, goals, principles and policies of City
and the elements thereof.
B. Staff Analysis of Structure Plan Amendment:
(1) Staff finds that the Structure Plan is in need of Change because the final
draft of the I-25 Sub Area Plan identifies that the property's designation
should be changed from it's current designation of "Rural Open Lands /
Stream Corridors" to a designation of"Urban Estate."
DATE: ITEM NUMBER:
(2) Staff finds that the proposed Structure Plan amendment will promote the
public welfare by specifying a land use configuration at the edge of the
community that will provide for a transition between the higher intensity
industrial uses located adjacent to the I-25 highway and the larger lot rural
residential development in the County located east of County Road 5.
(3) Staff finds that the Structure Plan amendment will be consistent with the
vision, goals, principles and policies of City Plan because the principle
and policy statements within City Plan specify that the I-25 subarea
planning efforts will tailor City Plan's city-wide perspective to individual
neighbor ed�OPGY
THE PLANNING AND ZO NG B
The Planning and Zoning Board recommended approval of the requested annexation and zoning
on January 16, 2003 by a vote of 5-0.
INITIATING RESOLUTION
City Council recommended adoption of the Initiating Resolution for the Peterson Annexation on
February 4, 2003 by a vote of 6-0.
C OV
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