HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2012 - ITEMS RELATING TO THE FORNEY ANNEXATION AND ZONINGDATE: September 18, 2012
STAFF: Courtney Levingston
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 12
SUBJECT
Items Relating to the Forney Annexation and Zoning.
A. Second Reading of Ordinance No. 095, 2012, Annexing the Property Known as the Forney Annexation.
B. Second Reading of Ordinance No. 096, 2012, Amending and Classifying for Zoning Purposes the Property
Included in the Forney Annexation.
EXECUTIVE SUMMARY
These Ordinances, unanimously adopted on First Reading on September 4, 2012, annex and zone 23.16 acres
located on the north side of LaPorte Avenue, approximately 1,280 feet east of North Taft Hill Road.
The parcels to be annexed, all owned by Forney Industries, are currently located in Larimer County’s I – Industrial
Zoning District. The requested zoning for this annexation is the T - Transition.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 4, 2012
(w/o attachments)
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DATE: September 4, 2012
STAFF: Courtney Levingston
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 21
SUBJECT
Items Relating to the Forney Annexation and Zoning.
A. Resolution 2012-083 Setting Forth Findings of Fact and Determinations Regarding the Forney Annexation and
Zoning.
B. Hearing and First Reading of Ordinance No. 095, 2012, Annexing the Property Known as the Forney
Annexation.
C. Hearing and First Reading of Ordinance No. 096, 2012, Amending and Classifying for Zoning Purposes the
Property Included in the Forney Annexation.
EXECUTIVE SUMMARY
As the Owner and Applicant, Forney Industries has submitted a written petition requesting the annexation of 23.16
acres located on the north side of LaPorte Avenue, approximately 1,280 feet east of North Taft Hill Road.
The parcels to be annexed, all owned by Forney Industries, are currently located in Larimer County’s I – Industrial
Zoning District. The requested zoning for this annexation is the T - Transition. The Transition District is intended for
properties for which there are no specific and immediate plans for development. The only permitted uses are those
existing at the date the property was placed into this District and no new development is allowed in the Transition
district. Forney Industries has indicated that it has no intent to further develop at this time. The surrounding properties
are currently zoned Low Density Mixed-Use Neighborhood (LMN) in the City to the east and west; Neighborhood
Conservation, Low Density (NCL) in the City to the south and zoned I – Industrial in Larimer County to the north.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for property owned by Forney Industries and located within the Growth
Management Area. 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 (GMA), the City will agree
to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The
annexation gains the required 1/6 contiguity to existing City limits from a common boundary with the east parcel line
of the Schmidtberger Subdivision (Canfield Annexation, 1975) and Lilac Apartments Subdivision (Springer Farm First
Annexation, 1972) to the west. The annexation also shares an additional common boundary with existing City limits
to the east, with the Leeper Subdivision (Radio City Annexation, 1957), thus further satisfying the requirement that no
less than one-sixth of the perimeter boundary be contiguous to the existing City boundary.
Recommendation of Transition (T) Zone District
The City’s Structure Plan designates the subject parcels to be placed in the Limited Commercial (CL) and Low Density
Mixed Use Neighborhood (LMN) District. These zone district designations were not cleanly determined along property
lines, but delineated by where existing commercial activity stopped, mid-parcel. The intent of LMN portion to the north
was to ensure that if future development is compatible with the integrity and density of existing neighborhoods to the
north and to provide a “buffer” between the existing neighborhood to the north and the CL zoning (Forney Industries)
to the south.
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
Intergovernmental Agreements.
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September 4, 2012 -2- ITEM 21
However, conditions on the ground have evolved from the time of the initial Structure Plan and Northwest Subarea
Plan designation. Recently, the City acquired the adjacent property to the north and northwest to be used as regional
detention and outfall for the West Vine basin. Additionally, Utilities Master Plan and Floodplain Administration Division
is currently conducting an analysis regarding the property to the northeast, determining if the property should be
acquired for regional detention as well. This adjacent, City-owned property will only be used as detention and will not
be developed, thus creating a new “buffer” for the neighborhood to the north.
Due to the recent City acquisition of parcels to the north, the requested zoning of the Forney Annexation is T-
Transition. Zoning parcels Transition initially at time of annexation is not unprecedented; in November 1997, the 435
acre Timberline Annexation was placed into the Transition zone district and remained zoned as such until 2001, when
it was rezoned in anticipation of the Johnson Property Overall Development Plan. Initially placing the Forney
Annexation in the Transition zone district will allow time to re-evaluate the appropriateness of the LMN/CL zoning split
vis-à-vis current conditions on the ground.
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 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.
3. On July 17, 2012, the City Council Resolution 2012-052 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.
3. The requested T, Transition Zoning District is in conformance with the policies of the City's Comprehensive
Plan.
4. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19,
2012 and unanimously recommended approval of the annexation. Additionally, the Board unanimously recommended
that the property be placed in the Transition Zone District. The minutes from the July 19, 2012 Planning and Zoning
Board Hearing are attached.
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 public hearing notification letter 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.
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September 4, 2012 -3- ITEM 21
ATTACHMENTS
1. Vicinity Map
2. Zoning Map
3. Structure Plan Map
4. Planning and Zoning Board minutes, July 19, 2012
ORDINANCE NO. 095, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
FORNEY ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2012-052, 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 parcel of land located in the Northwest Quarter of Section 10, Township 7 North,
Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado,
and being more particularly described as follows:
Commencing at the Center Quarter Corner of Section 10 and assuming the South line
of the Northwest Quarter of Section 10 to bear North 89°14'44" West, with all other
bearings herein relative thereto;
Thence North 89°14'44" West, 1108.58 feet to the POINT OF BEGINNING; thence,
North 89°14'44" West, 216.43 feet; thence, North 00°38'55" East, 435.71 feet;
thence, North 89°14'49" West, 330.72 feet; thence, North 00°42'46" East, 656.12
feet; thence, South 89°24'33" East, 1320.17 feet; thence, South 00°23'46" West,
377.97 feet; thence, North 89°14'44" West, 285.00 feet; thence, South 00°23'46"
West, 472.81 feet; thence, North 87°54'20" West, 249.40 feet; thence, South
07°37'19" East, 72.44 feet; thence, North 89°14'44" West, 86.39 feet; thence, North
00°23'46" East, 21.00 feet; thence, North 89°14'44" West, 83.00 feet; thence, South
00°23'46" West, 50.00 feet; thence, North 89°14'37" West, 85.00 feet; thence, South
00°23'46" West, 150.00 feet to the POINT OF BEGINNING.
Said parcel of land contains 22.820 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 Forney
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 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
ORDINANCE NO. 096, 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 FORNEY 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 Forney Annexation to the City of Fort Collins, Colorado, in the Transition
(“T”) Zone District, which property is more particularly described as:
A parcel of land located in the Northwest Quarter of Section 10, Township 7 North,
Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado,
and being more particularly described as follows:
Commencing at the Center Quarter Corner of Section 10 and assuming the South line
of the Northwest Quarter of Section 10 to bear North 89°14'44" West, with all other
bearings herein relative thereto;
Thence North 89°14'44" West, 1108.58 feet to the POINT OF BEGINNING; thence,
North 89°14'44" West, 216.43 feet; thence, North 00°38'55" East, 435.71 feet;
thence, North 89°14'49" West, 330.72 feet; thence, North 00°42'46" East, 656.12
feet; thence, South 89°24'33" East, 1320.17 feet; thence, South 00°23'46" West,
377.97 feet; thence, North 89°14'44" West, 285.00 feet; thence, South 00°23'46"
West, 472.81 feet; thence, North 87°54'20" West, 249.40 feet; thence, South
07°37'19" East, 72.44 feet; thence, North 89°14'44" West, 86.39 feet; thence, North
00°23'46" East, 21.00 feet; thence, North 89°14'44" West, 83.00 feet; thence, South
00°23'46" West, 50.00 feet; thence, North 89°14'37" West, 85.00 feet; thence, South
00°23'46" West, 150.00 feet to the POINT OF BEGINNING.
Said parcel of land contains 22.820 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 4th day of
September, A.D. 2012, and to be presented for final passage on the 18th day of September, A.D.
2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 18th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk