HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2012 - ITEMS RELATING TO THE WOOD STREET ANNEXATION AND ZDATE: September 18, 2012
STAFF: Lindsay Ex
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 7
SUBJECT
Items Relating to the Wood Street Annexation and Zoning.
A. Second Reading of Ordinance No. 052, 2012, Annexing Property Known as the Wood Street Annexation to
the City of Fort Collins.
B. Second Reading of Ordinance No. 053, 2012, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Wood Street Annexation to the City of Fort
Collins.
EXECUTIVE SUMMARY
These Ordinances, unanimously adopted on First Reading on June 5, 2012, annex and zone 17.3443 acres located
on the east side of Wood Street, approximately 1,320 feet east of North Shields Street. The property is developed and
is in the O - Open District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The
surrounding properties are currently zoned O – Open in Larimer County to the south and west, as well as E –
Employment in the City to the west (City of Fort Collins Fleet Services Building), and POL – Public Open Lands in the
City (Lee Martinez Park and McMurry Natural Area) to the east and north. This is a 100% voluntary annexation.
Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment
will be necessary as this property is not already in the District.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - June 5, 2012
(w/o attachments)
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ATTACHMENT 1
DATE: June 5, 2012
STAFF: Lindsay Ex
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 16
SUBJECT
Items Relating to the Wood Street Annexation and Zoning.
A. Resolution 2012-039 Setting Forth Findings of Fact and Determinations Regarding the Wood Street
Annexation.
B. Hearing and First Reading of Ordinance No. 052, 2012, Annexing Property Known as the Wood Street
Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 053, 2012, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Wood Street Annexation to the City of Fort
Collins.
EXECUTIVE SUMMARY
This is a request to annex and zone 17.3443 acres located on the east side of Wood Street, approximately 1,320 feet
east of North Shields Street. The property is developed and is in the O - Open District in Larimer County. The
requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned O – Open
in Larimer County to the south and west, as well as E – Employment in the City to the west (City of Fort Collins Fleet
Services Building), and POL – Public Open Lands in the City (Lee Martinez Park and McMurry Natural Area) to the
east and north. This is a 100% voluntary annexation.
Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment
will be necessary as this property is not already in the District.
BACKGROUND / DISCUSSION
The property owner, Sidehill Investment LLC, has submitted a written petition requesting annexation of 17.3443 acres
located on the east side of Wood Street, approximately 1,320 feet east of North Shields Street. The property is
developed and is in the O - Open District in Larimer County. The requested zoning for this annexation is UE – Urban
Estate. The surrounding properties are currently zoned O – Open in the Larimer County to the south and west, as well
as E – Employment in the City to the west (City of Fort Collins Fleet Services Building), and POL – Public Open Lands
in the City (Lee Martinez Park and McMurry Natural Area) to the east and north. This is a 100% voluntary annexation.
The property is located within the Fort Collins Growth Management Area (GMA). According to policies and
agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for
the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when
the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing
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, the Larimer County and City of Fort Collins
Intergovernmental Agreements, and the City of Fort Collins Land Use Code.
The only known issue with this annexation is the previously expressed concern by community members and one
Councilmember with the LOMR-Fill (Letter of Map Revision-Fill) process that occurred while the property is still in
the County. While the floodplain regulations for the Poudre River Basin generally match across the City and the
County, the City conditions its approval of LOMR-Fill applications in a way that the County does not. In this
instance, the LOMR-Fill was approved by the County and portions of the site have been removed from the
floodplain prior to annexation. Remaining portions of the site that are in the floodplain will be required to comply
with the City’s floodplain regulations.
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June 5, 2012 -2- ITEM 16
City limits from a common boundary with the McMurry Natural Area (December 2010) to the north, thus satisfying the
requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary.
The surrounding zoning and land uses are as follows:
N: POL in the City of Fort Collins: McMurry Natural Area
E: POL in the City of Fort Collins: Lee Martinez Park
S: O in Larimer County: existing residential
W: O in Larimer County: existing residential and horse stables
E in the City of Fort Collins: City of Fort Collins Fleet Services
The requested zoning for this annexation is the UE – Urban Estate Zoning District. There are numerous uses
permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City’s
Structure Plan Map and Northwest Subarea Plan provide guidance that the subject 17.3443 acres should be zoned
Urban Estate (U-E). In the Structure Plan, the subject property is designated as “Open Lands, Parks, and Water
Corridors.” As noted in City Plan, “Open Lands, Parks, and Water Corridors are not intended to be parcel-specific
designations, but rather general designations that follow major drainageways and other wildlife and water corridors”
(page 96). Thus, the Structure Plan and City Plan suggest development in these areas should emphasize and
acknowledge the influence and value of the river in any proposed development.
The Northwest Subarea Plan (adopted in 2006) outlines that the subject property should be zoned Urban Estate (U-E)
and further suggests that residential development on the subject property should be clustered (see the Framework
Plan Map on page 12 of the Plan and Attachment 5 to this document). Thus, based on the guidance provided by the
Structure Plan, City Plan, and the Northwest Subarea Plan, it is staff’s finding that this property should be zoned U-E.
Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment
will be necessary as this property is not already in the District. The “Residential Neighborhood Sign District” was
established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which
may be particularly affected by such signs because of their predominantly residential use and character.
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 Growth Management
Area.
2. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
3. On May 1, 2012, the City Council adopted Resolution 2012-030 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 UE - Urban Estate Zoning District is in conformance with the policies of the City's
Comprehensive Plan.
5. 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 annexation and zoning. The property is developed at the present
time, containing a mobile home park, although the majority of the mobile home park residents have relocated away
from the site.
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June 5, 2012 -3- ITEM 16
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading and the Resolution.
BOARD / COMMISSION RECOMMENDATION
At its May 17, 2012 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and
zoning request on May 17, 2012 and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to
recommend that the property be placed in the Urban Estate Zone District and in the Residential Neighborhood Sign
District.
The Board also suggested that staff investigate Code modifications addressing the need for properties removed from
the floodplain, based on a LOMR-Fill process, to still be subject to the City’s regulations. City Floodplain staff has
investigated this suggestion and is prepared to bring Ordinance language addressing this issue to Council at its
request.
The minutes from the May 17, 2012 Planning and Zoning Board Hearing are attached.
PUBLIC OUTREACH
Future Development – 912 Wood Street
A conceptual review for the property at 912 Wood Street was held on January 9, 2012; Sidehill Investment LLC has
indicated the desire to develop single-family residential dwelling units on the property. The City’s Structure Plan Map
and Northwest Subarea Plan provide guidance that the subject 17.3443 acres should be zoned Urban Estate (U-E).
The Northwest Subarea Plan further suggests that residential development on the subject property should be clustered
(see the Framework Plan Map on page 12 of the Plan).
Single-family residential units are a permitted use in the U-E Zone. Consistent with the Northwest Subarea Plan, the
applicants are proposing to cluster the residential units, which is a use that is subject to review by the Planning and
Zoning Board. When clustering residential units in the U-E Zone, a minimum of 50% of open space must be
preserved. A development review outreach meeting for this project has not been scheduled at this time, but is
anticipated as the project moves forward.
ATTACHMENTS
1. Vicinity Map
2. City Zoning Map
3. City Structure Plan Map
4. Annexation Map
5. Northwest Subarea Plan Land Use Framework Map
6. Planning and Zoning Board minutes, May 17, 2012
ORDINANCE NO. 052, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
WOOD STREET ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2012-030, 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 PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF SAID SOUTHWEST
QUARTER, WHICH IS ASSUMED BEAR S 00°04’30” E. SAID WEST LINE IS MONUMENTED
ON THE NORTH END BY A 2.5” ILLEGIBLE ALUMINUM CAP IN A RANGE BOX AND ON
THE SOUTH END BY A 3.5” BRASS CAP MARKED “BRADFORD” IN A RANGE BOX.
BEGINNING AT THE SOUTHWEST ONE-SIXTEENTH CORNER OF SAID SECTION 2, FROM
WHICH THE WEST QUARTER CORNER OF SAID SECTION TWO BEARS S 89°58’24” WEST,
A DISTANCE OF 1323.93 FEET AND AGAIN N 00°04’30” W, A DISTANCE OF 1326.78 FEET;
THENCE N 00°04'07" W, ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 291.09 FEET, TO THE SOUTHERLY LINE OF THE MCMURRY
NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON SAID SOUTHERLY LINE THE FOLLOWING THIRTEEN (13) COURSES:
1) THENCE N 88°03'51" E, A DISTANCE OF 170.61 FEET;
2) THENCE S 84°28'21" E, A DISTANCE OF 208.68 FEET;
3) THENCE S 67°34'38" E, A DISTANCE OF 201.58 FEET;
4) THENCE S 77°39'28" E, A DISTANCE OF 43.58 FEET;
5) THENCE S 65°58'00" E, A DISTANCE OF 79.32 FEET;
6) THENCE N 65°35'00" E, A DISTANCE OF 26.86 FEET;
7) THENCE S 77°39'28" E, A DISTANCE OF 30.31 FEET;
8) THENCE N 68°32'47" E, A DISTANCE OF 192.35 FEET;
9) THENCE N 84°06'06" E, A DISTANCE OF 164.90 FEET;
10) THENCE S 69°42'00" E, A DISTANCE OF 35.87 FEET;
11) THENCE S 63°52'00" E, A DISTANCE OF 165.62 FEET;
12) THENCE S 53°38'18" E, A DISTANCE OF 13.97 FEET;
13) THENCE S 23°54'48" E, A DISTANCE OF 133.15 FEET, TO THE EAST LINE OF THE
EAST HALF OF SAID SOUTHWEST QUARTER, AND THE WEST LINE OF THE
ORIGINAL TOWN OF FORT COLLINS PLAT;
THENCE S 00°03'45" E, ON SAID WEST LINE, A DISTANCE OF 375.10 FEET, TO A POINT ON
THE NORTH LINE OF THE SOUTH 30 ACRES OF THE EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE S 89°58'24" W, ON SAID NORTH LINE, A DISTANCE OF 1276.16 FEET, TO THE
EASTERLY LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ON SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES:
1) THENCE N 00°01'08" E, A DISTANCE OF 3.20 FEET;
2) THENCE N 89°58'52" W, A DISTANCE OF 50.00 FEET;
3) THENCE N 00°01'08" E, A DISTANCE OF 276.00 FEET, TO THE NORTHEAST
CORNER OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE S 89°58'52" E, ON THE EASTERLY EXTENSION OF THE NORTH LINE OF THE
SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS, A DISTANCE OF
1.84 FEET, TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE N 00°04'07" W, ON SAID WEST LINE, A DISTANCE OF 61.71 FEET TO THE POINT
OF BEGINNING.
CONTAINING AN AREA OF 17.3443 ACRES OR 755,516 SQUARE FEET.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Wood
Street Annexation, 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 5th day of June,
A.D. 2012, and to be presented for final passage on the 17th day of July, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
-2-
Passed and adopted on final reading on the 17th day of July, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
ORDINANCE NO. 053, 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 WOOD STREET 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 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 Wood Street Annexation to the City of Fort Collins, Colorado, in the
Urban Estate (“U-E”) Zone District, which property is more particularly described as situate in the
County of Larimer, State of Colorado, to wit:
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF SAID SOUTHWEST
QUARTER, WHICH IS ASSUMED BEAR S 00°04’30” E. SAID WEST LINE IS MONUMENTED
ON THE NORTH END BY A 2.5” ILLEGIBLE ALUMINUM CAP IN A RANGE BOX AND ON
THE SOUTH END BY A 3.5” BRASS CAP MARKED “BRADFORD” IN A RANGE BOX.
BEGINNING AT THE SOUTHWEST ONE-SIXTEENTH CORNER OF SAID SECTION 2, FROM
WHICH THE WEST QUARTER CORNER OF SAID SECTION TWO BEARS S 89°58’24” WEST,
A DISTANCE OF 1323.93 FEET AND AGAIN N 00°04’30” W, A DISTANCE OF 1326.78 FEET;
THENCE N 00°04'07" W, ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 291.09 FEET, TO THE SOUTHERLY LINE OF THE MCMURRY
NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ON SAID SOUTHERLY LINE THE FOLLOWING THIRTEEN (13) COURSES:
1) THENCE N 88°03'51" E, A DISTANCE OF 170.61 FEET;
2) THENCE S 84°28'21" E, A DISTANCE OF 208.68 FEET;
3) THENCE S 67°34'38" E, A DISTANCE OF 201.58 FEET;
4) THENCE S 77°39'28" E, A DISTANCE OF 43.58 FEET;
5) THENCE S 65°58'00" E, A DISTANCE OF 79.32 FEET;
6) THENCE N 65°35'00" E, A DISTANCE OF 26.86 FEET;
7) THENCE S 77°39'28" E, A DISTANCE OF 30.31 FEET;
8) THENCE N 68°32'47" E, A DISTANCE OF 192.35 FEET;
9) THENCE N 84°06'06" E, A DISTANCE OF 164.90 FEET;
10) THENCE S 69°42'00" E, A DISTANCE OF 35.87 FEET;
11) THENCE S 63°52'00" E, A DISTANCE OF 165.62 FEET;
12) THENCE S 53°38'18" E, A DISTANCE OF 13.97 FEET;
13) THENCE S 23°54'48" E, A DISTANCE OF 133.15 FEET, TO THE EAST LINE OF THE
EAST HALF OF SAID SOUTHWEST QUARTER, AND THE WEST LINE OF THE
ORIGINAL TOWN OF FORT COLLINS PLAT;
THENCE S 00°03'45" E, ON SAID WEST LINE, A DISTANCE OF 375.10 FEET, TO A POINT ON
THE NORTH LINE OF THE SOUTH 30 ACRES OF THE EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE S 89°58'24" W, ON SAID NORTH LINE, A DISTANCE OF 1276.16 FEET, TO THE
EASTERLY LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE ON SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES:
1) THENCE N 00°01'08" E, A DISTANCE OF 3.20 FEET;
2) THENCE N 89°58'52" W, A DISTANCE OF 50.00 FEET;
3) THENCE N 00°01'08" E, A DISTANCE OF 276.00 FEET, TO THE NORTHEAST
CORNER OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT
COLLINS;
THENCE S 89°58'52" E, ON THE EASTERLY EXTENSION OF THE NORTH LINE OF THE
SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS, A DISTANCE OF
1.84 FEET, TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER;
THENCE N 00°04'07" W, ON SAID WEST LINE, A DISTANCE OF 61.71 FEET TO THE POINT
OF BEGINNING.
CONTAINING AN AREA OF 17.3443 ACRES OR 755,516 SQUARE FEET.
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 5th day of June,
A.D. 2012, and to be presented for final passage on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk