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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/17/2012 - RESOLUTION 2012-053 FINDING SUBSTANTIAL COMPLIANCEDATE: July 17, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 25 SUBJECT Resolution 2012-053 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kechter Annexation No. 1. EXECUTIVE SUMMARY As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 1 is the first Ordinance of this series of sequential annexations, which are as follows: Kechter Annexation No. 1 0.130 acres Kechter Annexation No. 2 0.505 acres Kechter Annexation No. 3 18.644 acres Total for Kechter Annexations 1, 2 and 3 19.279 acres Kechter Annexation No. 1 is located approximately 945 feet east of the intersection of South Timberline Road and Kechter Road. Annexation No. 1 is entirely within the limits of Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N), which is in compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. The surrounding properties are existing residential land uses currently zoned FA-1 – Farming Zoning District in Larimer County to the north, south, east and west. BACKGROUND / DISCUSSION 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. This is a 100% voluntary annexation for a property located within the 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 Mangement Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Annexation No.1 gains the required 1/6 contiguity to existing city limits from a common boundary with the southwest corner of the Sage Creek Subdivision to the east (Annexation HH-36, December, 1998), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 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 25 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 4. Fossil Creek Reservoir Area Land Use Framework Plan Mail Creek Ditch McClellands Channel S TIMBERLINE RD OLD MILL RD ZEPHYR RD OWENS AVE WHITE WILLOW DR E COUNTY ROAD 36 STETSON CREEK DR ROCK CREEK DR CHANDLER ST COUNTRY SQUIRE WAY RABBIT CREEK RD COPPER CREEK DR Kechter Annexations 1,2 & 3 Vicinity Map 1 inch = 600 feet ± Site Location Kechter Annexations 1, 2 & 3 Legend City Limits - Area City Limits - Outline Annexation - Area ATTACHMENT 1 BACON ELEMENTARY Mail Creek Ditch McClellands Channel S TIMBERLINE RD OLD MILL RD ZEPHYR RD OWENS AVE WHITE WILLOW DR E COUNTY ROAD 36 STETSON CREEK DR ROCK CREEK DR CHANDLER ST COUNTRY SQUIRE WAY RABBIT CREEK RD COPPER CREEK DR Kechter Annexation I Vicinity Map 1 inch = 600 feet ± Site Kechter Annexation 1 Legend City Limits - Area City Limits - Outline Annexation - Area ATTACHMENT 1 RL LMN LMN UE UE LMN UE LMN MMN BACON ELEMENTARY Mail Creek Ditch McClellands Channel RL LMN LMN UE UE LMN UE LMN MMN S TIMBERLINE RD ZEPHYR RD OWENS AVE OLD MILL RD WHITE WILLOW DR KECHTER RD E COUNTY ROAD 36 CHANDLER ST COUNTY FAIR LN RABBIT CREEK RD Kechter Annexations 1, 2 and 3 1 inch = ± 600 feet City of Fort Collins Zoning Map Legend 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 WaterBodies Kechter Annexations 1, 2 & 3 Proposed Zoning: L-M-N Low Density Residential (RL) ATTACHMENT 2 © Kechter Annexations 1, 2 and 3 Structure Plan 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) KECHTER RD E CR 36 S TIMBERLINE RD 1 inch = 0.3 miles S CR 9 ZIEGLER RD Site - Kechter Annexations 1, 2 & 3 Annexation ‐ Area ATTACHMENT 3 INTERSTATE 25 E HARMONY RD S TIMBERLINE RD E COUNTY ROAD 32 E TRILBY RD KECHTER RD ZIEGLER RD CARPENTER RD S COUNTY ROAD 7 S COUNTY ROAD 9 S COUNTY ROAD 11 STRAUSS CABIN RD S COUNTY ROAD 9 S TIMBERLINE RD ZIEGLER RD INTERSTATE 25 0 0.25 0.5 0.75 Miles © CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Amended: September 19, 2006 Adopted: March 28, 1998 City Limits Growth Management Area Loveland GMA Fossil Creek Project Area Resource Management Area Unified Development Plan Needed Parcels Natural Areas Water Proposed Trail Existing Trail Master Street Plan Collector 2 Lanes Arterial 2 Lanes Arterial 4 Lanes Major Arterial 6 Lanes Interstate Collector 2 Lanes - Outside GMA Arterial 2 Lanes - Outside GMA Arterial 4 Lanes - Outside GMA Major Arterial 6 Lanes - Outside GMA > Potential Grade Sep Rail Crossing R Potential Interchange Future Land Use RESOLUTION 2012-053 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE KECHTER ANNEXATION NO. 1 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 Kechter Annexation No. 1; 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 Kechter Annexation No. 1, more particularly described as follows: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET; THENCE N79°57'37"W, A DISTANCE OF 163.95 FEET; THENCE N75°35'33"E, A DISTANCE OF 166.47 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE ALONG SAID EAST LINE S00°49'59"E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,664 SQUARE FEET (0.130 ACRES), MORE OR LESS Section 2. That the City Council hereby finds and determines that the annexation petition for the Kechter Annexation No. 1 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 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 Kechter Annexation No. 1, 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 Low Density Mixed-Use Neighborhood (“L-M-N”) 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 Commercial Corridor District Neighborhood Commercial District Employment District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Rural Lands Community Separator Open Lands, Parks and Stream Corridors Adjacent Planning Areas Printed: May 17, 2011 Fossil Creek Reservoir Area Land Use Framework Plan Site - Kechter Annexations 1, 2 & 3 ATTACHMENT 4