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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2012 - ITEMS RELATING TO THE FORNEY ANNEXATION AND ZONINGDATE: 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. 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. 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 POL NCL RL UE LMN LMN LMN LMN LMN LMN LMN PUTNAM ELEMENTARY LINCOLN MIDDLE SCLIHNOCOOLLN MIDDLE SCHOOL OAKWOOD SCHOOL CITY PARK GRANDVIEW PARK CITY PARK NINE GOLF COURSE Larimer County Canal #2 New Mercer Canal City Park Lake 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 FREY AVE SHELDON DR GRANDVIEW AVE RICHARDS PL N MCKINLEY AVE COLLINS CT LYONS ST LYONS ST Forney Annexation 1 inch = 600 feet ± Parcels to be Annexed 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 ATTACHMENT 2 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 ATTACHMENT 3 RESOLUTION 2012-083 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE FORNEY ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Forney Annexation; and WHEREAS, following notice given as required by law, the City Council has held a hearing on said annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 2. That the City Council hereby finds that there is at least one-sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the City Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the City Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the City Council concludes that the area proposed to be annexed in the Forney Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 4th day of September A.D. 2012. Mayor ATTEST: City Clerk 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