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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/16/2012 - RESOLUTION 2012-095 FINDING SUBSTANTIAL COMPLIANCEDATE: October 16, 2012 STAFF: Jason Holland AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 15 SUBJECT Resolution 2012-095 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kechter Crossing Annexation. EXECUTIVE SUMMARY This is a request to annex and zone 28.9 acres located on the south side of Kechter Road, approximately 900 feet east of the intersection of South Timberline Road and Kechter Road. Kechter Crossing is adjoining and immediately west of a parcel of land owned by the City of Fort Collins for the City’s Affordable Housing Land Bank. This annexation is not associated with the Kechter Farm development, which is located southeast of the Kechter Crossing Annexation. 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, and west. The City land bank property to the west is zoned L-M-N. 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 on November 20, 2012; 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 contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The Kechter Crossing Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the City of Fort Collins Land Bank Property, also known as Kechter Annexation No. 3, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. The Kechter Crossing property was reviewed by Larimer County staff and has received final approval for development by the Larimer County Board of County Commissioners as a 75 lot residential neighborhood. The Petitioner and Larimer County coordinated and cooperated with the City of Fort Collins on development approvals in anticipation of this Petition for Annexation. The Kechter Crossing 75 lot single-family development is approved pursuant to a County Development Agreement dated September 18, 2012, by and between the Petitioner, Larimer County, and the City of Fort Collins. The City of Fort Collins is a party to the County Development Agreement in anticipation of this Petition for Annexation. City staff reviewed the Final Development Plan Documents for the Kechter Crossing property in anticipation of this Petition for Annexation. In addition to the County Development Agreement, the Petitioner and the City of Fort Collins have executed and recorded a City Development Agreement. The City Development Agreement also anticipates the timely annexation of the property into the City of Fort Collins. At the time of annexation, the City Development Agreement shall supersede the County Development Agreement. 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. October 16, 2012 -2- ITEM 15 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 October 18, 2012. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on November 20, 2012. PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as this Resolution simply accepts the Annexation Petition and provides a schedule for upcoming Council hearings with a schedule and notification requirements that comply with State Statutes. ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map 4. Fossil Creek Reservoir Area Land Use Map RL LMN LMN LMN UE UE UE LMN MMN 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 KECHTER RD CHANDLER ST COUNTRY SQUIRE WAY RABBIT CREEK RD COPPER CREEK DR Kechter Vicinity Crossing Map 1 inch = 600 feet ± Legend City Limits - Area City Limits - Outline Annexation - Area Kechter Site Location Crossing Annexation Annexations Kechter 1, 2 & 3 Kechter Farm ATTACHMENT 1 BACON ELEMENTARY Mail Creek Ditch McClellands Channel RL LMN LMN UE LMN UE UE LMN MMN S TIMBERLINE RD ZEPHYR RD OWENS AVE OLD MILL RD WHITE WILLOW DR KECHTER RD E COUNTY ROAD 36 RABBIT CREEK RD Kechter Crossing 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 LowWaterBodies Density Residential (RL) Kechter Farm Kechter Proposed Crossing Zoning: Annexation L-M-N Annexations Kechter 1, 2 & 3 ATTACHMENT 2 Fossil Reservo Cre © Kechter Structure Crossing 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 ZIEGLER RD Crossing Site - Kechter Annexation Annexation - Area KFeacrhmter (under review) 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 ©7M5iles 0.25 0.5 0. CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use PRODUCTS of the by the public. City The of Fort City Collins makes for no its representation internal purposes or only, warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon. labeling or THE displaying CITY OF FORT COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them to hold AS the IS, City WITH harmless ALL from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should in consideration be obtained of by the any City's users having of these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any map and products all damage, or the loss, use thereof or 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 Commercial Corridor District Neighborhood Commercial District Employment District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods RESOLUTION 2012-095 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE KECHTER CROSSING 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 Kechter Crossing 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 Kechter Crossing Annexation, more particularly described as follows: Lots 1 through 11, inclusive, Block 1, Lots 1 through 11, inclusive, Block 2, Lots 1 through 9, inclusive, Block 3, Lots 1 through 5, inclusive, Block 4, Lots 1 through 3, inclusive, Block 5, Lots 1 through 4, inclusive, Block 6, Lots 1 through 2, inclusive, Block 7, Lots 1 through 6, inclusive, Block 8, Lots 1 through 5, inclusive, Block 9, Lots 1 through 3, inclusive, Block 10, Lots 1 through 8, inclusive, Block 11, Lots 1 through 8, inclusive, Block 12, Common Area A, Common Area B, Common Area C, Common Area D, Outlot A, and Outlot B, inclusive, Kechter Crossing PLD, Being a Replat of Lots 1 and 2, Feldman M.R.D. #97- EX1094, County of Larimer, State of Colorado Section 2. That the City Council hereby finds and determines that the annexation petition for the Kechter Crossing 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 this 16th day of October 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 Crossing Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on November 20, 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 16th day of October, A.D. 2012. _______________________________ City Clerk Rural Lands Community Separator Open Lands, Parks and Stream Corridors Adjacent Planning Areas Printed: May 17, 2011 Fossil Land Creek Use Framework Reservoir Plan Area Crossing Site - Kechter Annexation ATTACHMENT 4