No preview available
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2012 - RESOLUTION 2012-052 FINDING SUBSTANTIAL COMPLIANCEDATE: July 17, 2012 STAFF: Courtney Levingston AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 24 SUBJECT Resolution 2012-052 Finding Substantial Compliance and Initiating Annexation Proceedings for the Forney Annexation. EXECUTIVE SUMMARY As the Owner and Applicant, Forney Industries has submitted a written petition requesting the annexation of 22.82 acres located on the north side of LaPorte Avenue, approximately 1,280 feet east of North Taft Hill Road. The parcels are located in the I – Industrial Zoning District in Larimer County. The requested zoning for this annexation is the T – Transition Zone District. 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 on the date the property was placed into this District.” No new development is allowed in the Transition district and 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, 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 minimum 1/6 contiguity to existing City limits from a common boundary with the east parcel line of the Schmidtberger Subdivision (Canfield Annexation, 1975) as well as the 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. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances not less than thirty days of prior notice is required by State law. 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 demarcated 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 development were to happen, this future development would be compatible with the integrity and density of existing neighborhoods and to provide a “buffer” between the existing neighborhood in the County to the north and the CL zoning (Forney Industries) to the south. However, conditions on the ground have evolved from the time of the Structure 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 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. July 17, 2012 -2- ITEM 24 This adjacent, City-owned property will only be used as detention and will not be developed, thus creating a new, undeveloped “buffer” for the Vine Drive neighborhood located in Larimer County, to the north. Due to the recent City acquisition of parcels to the north, the requested zoning of the Forney Annexation is Transition. The initial zoning of parcels into the Transition Zone District at the 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. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on July 19, 2012. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on August 21, 2012. ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map ATTACHMENT 1 PUTNAM ELEMENTARY OAKWOOD SCHOOL LINCOLN MIDDLE SCHOOL CITY PARK GRANDVIEW PARK CITY PARK NINE GOLF COURSE Larimer County Canal #2 New Mercer Canal New Mercer Canal POL NCL RL LMN LMN LMN LMN LMN UE W VINE DR LAPORTE AVE N TAFT HILL RD W MOUNTAIN AVE W OAK ST MAPLE ST LYONS ST S TAFT HILL RD ELM ST CHERRY ST N BRYAN AVE N FREY AVE CLOVER LN GRANDVIEW AVE RICHARDS PL COLLINS CT LYONS ST Forney Annexation 1 inch = ± 600 feet Site City of Fort Collins Zoning Map Legend WaterBodies 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 Overland Trail Willox CSU © Forney Structure Annexation Plan Map 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) Parcels to be Annexed 1 inch = 0.3 miles LaPorte Ave. Taft Hill Road RESOLUTION 2012-052 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE FORNEY ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, has been filed with the City Clerk requesting the annexation of certain property to be known as the Forney Annexation; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Forney Annexation, more particularly described as follows: 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 City Council hereby finds and determines that the annexation petition for the Forney Annexation and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto is hereby adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 17th day of July, A.D. 2012. _______________________________ Mayor ATTEST: ______________________________ City Clerk 2 NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Forney Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on August 21, 2012, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the Transition (“T”) Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 17th day of July, A.D. 2012. _______________________________ City Clerk