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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/19/2003 - POSTPONEMENT OF ITEMS RELATING TO THE STREAMSIDE A AGENDA ITEM SUMMARY ITEM NUMBER: 9 A-B FORT COLLINS CITY COUNCIL DATE: August 19, 2003FROM Troy W. Jones SUBJECT : Postponement of Items Relating to the Streamside Annexation, until October 7, 2003. RECOMMENDATION: Staff recommends postponement of these Ordinances on Second Reading, to October 7, 2003. EXECUTIVE SUMMARY: A. Postponement of Second Reading of Ordinance No. 053, 2003, Annexing Property Known as the Streamside Annexation to the City of Fort Collins, to October 7, 2003. B. Postponement of Second Reading of Ordinance No. 054, 2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Streamside Annexation, to October 7, 2003. On April 1, 2003, Council unanimously adopted Resolution 2003-043, amending the Structure Plan for the property known as the Streamside Annexation, and Council also unanimously adopted Resolution 2003-044, setting forth findings of fact and determinations regarding the Streamside Annexation. This is a request for a 100% voluntary annexation of approximately 73.67 acres, located just over half a 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. 053, 2003 and Ordinance No. 054, 2003, annexing and zoning the property included in the Streamside 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. 053, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE STREAMSIDE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2003-014 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 00° 31' 35"E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTINUING,N 00`31' 35"E 20.00 FEET;THENCE,S 89°28' 25"E 1315.25 FEET ON AND ALONG SAID NORTH RIGHT-OF-WAY;THENCE,S 00' 31' 35"W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE,S 00° 11' 33"E 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE;CONTINUING,S 00° 11' 33"E 2560.55 FEET TO THE NORTHERLY RIGHT- OF-WAY OF THE COLORADO RAILROAD COMPANY; THENCE. N 88° 27' 36"W 918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00°09' 15"W 80.01 FEET ON AND ALONG SAID EASTERLY LINE;CONTINUING,N 00'09' 15"E 1572.26 FEET;THENCE,N 89°28' 17"W 669.62 FEET;THENCE,S 01'50' 54"W 149.20 FEET;THENCE,S 41°38'36"W 270.16 FEET; THENCE,S 83"47' 02"W 269.62 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE COURSES ALONG SAID EASTERLY LINE: 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° 30' 31"E 262.00 FEET; CONTINUING, S 89' 30' 31"E 382.52 FEET;THENCE,N 00' 31' 43"E 448.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE; THENCE,N 89'28'25"W 421.48 FEET ON AND ALONG SAID SOUTHERLY RIGHT- OF-WAY; THENCE, N 89' 25' 59" W 157.46 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION WITH THE NORTHERLY LINE OF SAID PETERSON ANNEXATION;THENCE,N 89'25'S9"W 165.25 FEET ALONG SAID LINE; THENCE, N 01' 50' 54" W 20.02 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY;THENCE,N 89'25'S9" W 755.31 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION W ITH THE EASTERLY LINE OF THE FRONT RANGE FARMS ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00' 34' 01"E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE, THENCE,N 47'45' 36"W 45.12 FEET ALONG SAID EASTERLY LINE TO A POINT OFINTERSECTION WITH THENORTHERLYRIGHT-OF-WAY LINE OFSAIDEAST VINE DRIVE;THENCE,S 89'25'S9"E 1112.07 FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 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 Streamside 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 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 2 Passed and adopted on final reading this 19th day of August, A.D. 2003. Mayor ATTEST: City Clerk • i 3 . ORDINANCE NO. 054, 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 STREAMSIDE 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 Streamside 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 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 00°31' 35"E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF- WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTINUING,N 00'31' 35"E 20.00 FEET;THENCE,S 89"28' 25"E 1315.25 FEET ON AND ALONG SAID NORTH RIGHT-OF-WAY;THENCE,S 00' 31' 35"W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE,S 00' 11' 33"E 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE;CONTINUING,S 00° 1 F 33"E 2560.55 FEET TO THE NORTHERLY RIGHT- OF-WAY OF THE COLORADO RAILROAD COMPANY; THENCE. N 88° 27' 36"W 918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00°09' 15"W 80.01 FEET ON AND ALONG SAID EASTERLY LINE;CONTINUING,N 00'09' 15"E 1572.26 FEET;THENCE,N 89°28' 17"W 669.62 • FEET;THENCE,S 01°50'54"W 149.20 FEET;THENCE,S 41'38'36"W 270.16 FEET; THENCE,S 83-47' 02"W 269.62 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE COURSES ALONG SAID EASTERLY LINE: 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' 30' 31"E 262.00 FEET; CONTINUING, S 89' 30' 31"E 382.52 FEET;THENCE,N 00' 31' 43"E 448.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE; THENCE,N 89'28'25"W 421.48 FEET ON AND ALONG SAID SOUTHERLY RIGHT- OF-WAY; THENCE, N 89' 25' 59" W 157.46 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION WITH THE NORTHERLY LINE OF SAID PETERSON ANNEXATION;THENCE,N 89'25' 59"W 165.25 FEET ALONG SAID LINE;THENCE,N 01 ' 50' 54" W 20.02 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY;THENCE,N 89'25'59" W 755.31 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION WITH THE EASTERLY LINE OF THE FRONT RANGE FARMS ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00' 34' 01"E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE, THENCE,N 47' 45' 36"W 45.12 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST VINE DRIVE;THENCE,S 89'25'59"E 1112.07 FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 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. Section3. 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: 16 A-D FORT COLLINS CITY COUNCIL DATE: April 1, 2003 - Troy W. Jones SUBJECT : Items Relating to the Streamside Annexation and Zoning. RECOMMENDATION: Staff and the Planning an Coninoe mmend adoption of the Resolutions and Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 2003-043 Amending the Structure Plan for the Property Known as the Streamside Annexation. _--fi�r� �- B. Resolution 2003-044 S tting o h Fin 'ngs of"Facland"Determinations Regarding the Streamside Annexation C. First Reading of Ordinance No. 053, 2003, Annexing Property Known as the Streamside Annexation to the City of Fort Collins. D. First Reading of Ordinance No. 054, 2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Streamside Annexation. BACKGROUND: This is a request for a 100 olunt anne i appro fmately 73.67 acres, located just over half a mile east of I-25 d so t f V e be. Thequested zone 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. Streamside Annexation and Zoning complies with this standard since the property has 2869.70 feet of its total boundary of approximately 13,742.27 feet contiguous to the existing City limits. This meets the minimum 2290.38 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Peterson Annexation, which is under review and will be processed simultaneously with this Streamside Annexation. 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 pn , 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 - Farming in Latimer County. The requested zoning upon annexation is the Urban Estate District (UE). An assignment of UE zoning is consistent with the Streamside Planned Land Division (PLD), which is a County development application, currently under review, that encompasses the site. Part of the Streamside PLD application under review by the County is to rezone the property to PD — Planned Development. The County's PD zone functions similarly to the forCper z • th Nat density and intensity restrictions were determined on a site s s. I hrensityyposed o eamside PLD, the gross density proposed is 1.82 dwelling unr and t is 2.07 dwelling units per acre. The annexation of this property will allow the building permits to be issued under the City's jurisdiction. During the review of the County development application for Streamside PLD, City staff worked closely with the applicant to ensure that the application would be developed in accordance with the City's floodplain regulations for the Boxelder Creek floodplain. Annexation of the Streamside PLD prior to the issuance of building permits gives the City the authority to enforce the County's development approval, in particular, the adherence to the applicable floodplain regulation For clarification, the difference in theosidendiPate y perrnitted within the County's FAl — Farming zone district and the&�ys„UE — one district is as follows: FAl — Fanning (Existing County Zoning). Maximum density is limited to one lot per 100,000 square feet (2.3 acres). 100,000 square feet can cluster these lots in a "Conservation Development" configuration so long as the total number of lots does not exceed the total allowed by dividing the total developable area. "Conservation Development" lots on septic systems can be no smaller than 2 acres. "Conservation Development" lots on public water and sewer systems are not required to meet minimum lot size requirements (except for the purpose of calculating density). PD — Planned Developm—t (Cou Zon treamside Final Plat Approval). This zone is intended to be us within + row agementreas and is intended to give the flexibility needed to acc odat rba level de lopment consistent with the municipalities master plans. On a case by case basis, the County Commissioners determine minimum lot sizes, densities and intensities of use based on any applicable IGA. UE — Urban Estate (Requested City Zoning). Maximum density shall not exceed an overall average density of 2 dwelling units per acre. Lot sizes shall be 1/2 acre or larger unless they are clustered. Density within clustered portions of a development shall not exceed 5 units per acre. Cluster development shall set aside at least 50 percent of the total land area of the proposed development as private or public open space that is permanently preserved as open space. DATE: ITEM NUMBER: I-25 SUB-AREA 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. B. City Plan's reference to the I-25 Sub Area Plan. City Plan Prin ' le- U- to s: a cifi ubarea planning efforts will follow adoptio of the ity Pl nc es olicies which tailor City Plan's city-wide pers tive to divid Ig borho s, districts, corridors and edges." City Plan Policy LU-4.5 states: "The following areas have been identified as priority for future subarea planning: I-25 Corridor Mountain Vista East Mulberry Fossil Creek Reservoir Area" C. U-E Zoning within the - 5 Sub ea. IT The Final Draf of the I- 5 Sub; rew-P an calllss'for a mix of neighborhoods and densities. The trial Drar tat . the UrbanYEstate 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 Subarea 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 1/2 acre lots) east of County Road 5." Both Peterson d Stre side n ns sad' `ty the language of the U-E land use classificati quote bove strial zo d property abuts the west side of the Peterson Ann ton a ra rtd large of 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 Area Plan has not been adopted at this time. The Planning and Zoning Board and City Council schedule the Plan for consideration in the Spring of 2003. The Structure Plan identified the need to do additional planning for the I-25 corridor by designating the area as the I-25 Special Study Corridor. pn - DATE: ITEM NUMBER: 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" indicating that the 1997 version of the Structure Plan did not provide sufficient guidance for land use decision-making and that future land use considerations were anticipated. A. Request Section 2.9.4 (2)(a) 0owso ng reque to be justified if the proposed request is consi t�tmprehe ive 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 existing City Plan and/or any related element thereof is in need of the proposed amendment; and Tp�r,QQpose maj lan a endment will promote the public elfare°a will c sisenthhe vision, goals, principles and policies o City an tly elements hereof. - 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." (2) Staff finds that the proposed Structure Plan amendment will promote the public if "'b-51s r Yt U - configuration at the edge of the communitkdeeVmen t wrl provi an on between the higher intensity industrialt ad n o the I-2 highway and the larger lot rural residential a ty loca ed'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 neighborhoods, districts, corridors and edges. THE PLANNING AND ZONING BOARD HEARING The Planning and Zoning Board recommended- approval of the requested Structure Plan amendment, annexation and zoning on January 16, 2003 by a vote of 5-0. DATE: pn ITEM NUMBER: INITIATING RESOLUTION City Council recommended adoption of the Initiating Resolution for the Streamside Annexation on February 4, 2003 by a vote of 6-0.