HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2013 - ITEMS RELATING TO THE HANSEN FARM ANNEXATION AND ZDATE: February 5, 2013
STAFF: Seth Lorson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 13
SUBJECT
Items Relating to the Hansen Farm Annexation and Zoning.
A. Second Reading of Ordinance No. 006, 2013, Annexing Property Known as the Hansen Annexation.
B. Second Reading of Ordinance No. 007, 2013, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included In the Hansen Annexation to the City of Fort Collins,
Colorado.
EXECUTIVE SUMMARY
These Ordinances, unanimously adopted on First Reading on January 15, 2013, annex and zone 69.42 acres located
on the west side of Timberline Road, approximately 1.5 miles south of Harmony Road. The proposed zoning for this
annexation is NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69
acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - January 15, 2013
(w/o attachments)
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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, the City of Fort Collins and Larimer County
Intergovernmental Agreements, and the City of Fort Collins Land Use Code.
ATTACHMENT 1
DATE: January 15, 2013
STAFF: Seth Lorson
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 14
SUBJECT
Items Relating to the Hansen Farm Annexation and Zoning.
A. Resolution 2013-001 Setting Forth Findings of Fact and Determinations Regarding the Hansen Annexation.
B. Hearing and First Reading of Ordinance No. 006, 2013, Annexing Property Known as the Hansen Annexation.
C. Hearing and First Reading of Ordinance No. 007, 2013, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included In the Hansen Annexation to the City of Fort
Collins, Colorado .
EXECUTIVE SUMMARY
The applicant and property owner, HTC, LLC (McWhinney), has submitted a written petition requesting annexation
of 69.42 acres into the City, located on the west side of Timberline Road, approximately 1.5 miles south of Harmony
Road. The property, formerly a farm, is primarily vacant with the exception of a farmhouse (single-family dwelling).
It is in the FA1 – Farming Zone District in Larimer County. The requested zoning for this annexation is NC –
Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use Neighborhood (16.69 acres), and LMN
– Low Density Mixed-Use Neighborhood (46.40 acres). The surrounding properties are currently zoned FA1 - Farming
in Larimer County to the south, east and west; beyond which, to the west, is the Union Pacific Railroad and the
Southridge Golf Course and, to the south, is LMN – Low Density Mixed-Use Residential and MMN – Medium Density
Mixed-Use Neighborhood; RL – Low Density Residential and LMN – Low Density Mixed-Use Residential to the north
in the City.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for a property owned by HTC, LLC (McWhinney) and is 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 Management Area, the City will agree to
consider annexation of property in the GMA when the property is eligible for annexation according to State statutes.
This property gains the required 1/6 contiguity to existing city limits from a common boundary with the Willow Springs
Subdivision (2002) to the north, thus satisfying the requirement that no less than one-sixth of the perimeter boundary
be contiguous to the existing City boundary.
The surrounding zoning and land uses are as follows:
N: LMN & RL in the City of Fort Collins; Single-family Residential
E: LMN in the City of Fort Collins; Single-family Attached & Bacon Elementary School
FA1 – Farming in Larimer County; Single-family Residential
S: MMN & LMN in the City of Fort Collins; Single-family Residential
W: POL & RL in the City of Fort Collins; Single-family Residential & Southridge Golf Course
FA1 – Farming in Larimer County; Single-family Residential
The proposed area and acreage for the Neighborhood Commercial (NC) zone has been slightly altered from what
exists on the City Structure Plan. Each request for an evaluation of a zoning proposal relative to Structure Plan is
evaluated on a case-by-case basis by Long Range and Current Planning staff. After meeting with the applicant, the
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January 15, 2013 -2- ITEM 14
staff team met several times to analyze and evaluate the Hansen Farm Annexation and Zoning request and consider
how the proposal related to the Structure Plan.
The Structure Plan calls for 8.4 acres of Neighborhood Commercial on this property and it was originally intended to
be the site of a neighborhood service center with a smaller grocery anchor (i.e., Sprouts Market). A typical
neighborhood service center with a traditional sized grocery store (i.e., King Soopers) is 10 – 15 acres. During the
development of the Fossil Creek Reservoir Area Plan, staff received input from the Willow Springs neighborhood (to
the north and adjacent to the Hansen Farm) expressing concern about the commercial and medium density/mixed-use
areas and asking that the LMN area serve as a transition between these more intense areas to the south. The Hansen
Farm has several key opportunities/constraints on the property, including the Mail Creek Ditch (along north side);
existing tree groves along the north/northwest area of the property; and the existing farm buildings on the site and the
existence of these areas was also taken into consideration in evaluating the zoning proposal and its conformance with
the Structure Plan.
Based on the grocery development that has occurred on Harmony Road (King Soopers, Safeway, Sprouts, Super
Target), the likelihood of another grocery locating at this site appeared to be diminished. A more logical commercial
development at this location would be more in the scale of neighborhood convenience shopping, which is typically 6-10
acres. The proposed zoning request for this annexation is for 6.33 acres of Neighborhood Commercial; 16.69 acres
of MMN; and 46.4 acres of LMN. The Neighborhood Commercial area is about two acres smaller than what is shown
on the Structure Plan. This area is proposed on the Hansen Farm to be re-configured and located to the south, farther
from the Willow Springs neighborhood and the LMN area increased in size.
The reduced size of the Neighborhood Commercial area can still provide neighborhood services for the surrounding
residential areas at a scale that is more viable, given the Harmony Road development that has occurred. Staff
believes the proposed zoning for the Hansen Farm Annexation is consistent with the intent of the Structure Plan and
is a minor change that would not warrant an amendment to the Structure Plan.
The Planning and Zoning Board had extensive discussion regarding the alteration of the proposed zoning from what
is indicated in the Structure Plan. Additional information was provided for the discussion at the public hearing (see
Attachment 4). The Planning and Zoning Board agreed that the proposed alterations from the Structure Plan were
not significant enough to warrant an amendment to Structure Plan.
Zone Districts
The following three zone districts are intended to function together in a town-like pattern of development with a
commercial core and land use transitions to low-density residential development, providing transit and services within
walking distance of a variety of residential housing types.
• Neighborhood Commercial (NC) – The purpose of this district is to meet consumer demands for frequently
needed goods and services, with an emphasis on serving the surrounding residential neighborhoods.
Permitted uses include grocery stores, restaurants, retail, gas stations, convenience stores etc.
• Medium Density Mixed-Use Neighborhood (MMN) – The purpose of this district is to provide concentrated
housing within easy walking distance of transit and a commercial district and to provide a transition between
commercial and lower density residential development. Permitted uses include, but are not limited to, multi-
family dwellings, mixed-use dwellings, and townhomes requiring a mix of housing types and a minimum
density of 7 dwelling units per acre.
• Low Density Mixed-Use Neighborhood (LMN) – The purpose of this district is to provide a predominance of
low density housing combined with supporting land uses and a variety of housing choices. Permitted uses
include, but are not limited to, single-family dwellings, townhomes, and multi-family dwellings requiring a mix
of housing types and a minimum density of three units per acre.
Findings
1. The annexation of this area is consistent with the policies and agreements between Larimer County and the
City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Growth Management
Area.
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2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the
City of Fort Collins.
3. On November 20, 2012, Council adopted Resolution 2012-107 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.
4. The requested zoning, NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use
Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres), is in
conformance with the policies of the City's Comprehensive Plan.
5. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code.
Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment
will not be necessary should the Planning and Zoning Board recommend that this property be place on the Residential
Neighborhood Sign District Map.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on
December 20, 2012 and voted 6-0 to recommend approval of the annexation. The Board voted 6-0 to recommend
that the property be zoned NC – Neighborhood Commercial (6.33 acres), MMN – Medium Density Mixed-Use
Neighborhood (16.69 acres), and LMN – Low Density Mixed-Use Neighborhood (46.40 acres).
PUBLIC OUTREACH
A neighborhood meeting was not held for this project because it is not a development proposal, and the project
complies with State law and the City of Fort Collins Land Use Code regarding annexations.
ATTACHMENTS
1. Vicinity Map
2. Zoning Map - Existing Zoning and Proposed Zoning
3. Structure Plan Map
4. Planning and Zoning Board memo, December 20, 2012
5. Planning and Zoning Board minutes, December 20, 2012
ORDINANCE NO. 006, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
HANSEN ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2012-107, 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 East Half of Section 7, Township 6 North, Range 68
West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing South
00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the westerly right-of-way line of South
Timberline Road, said point being the POINT OF BEGINNING; thence along said
westerly right-of-way line, South 00º05'58" West, 150.36 feet to a point on the
northeasterly line of Johnston Annexation; thence along said northeasterly line the
following 4 courses and distances: North 86º55'07" West, 81.60 feet; thence, North
70º20'07" West, 286.00 feet; thence, North 39º29'33" West, 64.42 feet; thence, South
89º59'49" West, 314.41 feet to the West line of that tract of land described in
Reception No. 20100066406, Larimer County Records; thence along said West line
the following 16 courses and distances: North 18º53'29"East, 280.05 feet; thence,
South 80º52'47" East, 140.66 feet; thence, North 43º24'32"East, 68.46 feet; thence,
North 45º20'54" West,193.08 feet; thence, North 57º52'49" West, 191.24 feet; thence,
North 48º06'28" West, 109.43 feet; thence, North 63º34'52" West, 198.72 feet;
thence, North 49º45'28" West, 330.86 feet; thence, North 47º12'15" West, 783.31
feet; thence, North 55º07'00" West, 318.91 feet; thence, North 74º09'59" West,
184.15 feet; thence, North 03º02'18" West, 367.61 feet; thence, North 05º59'16"
West, 117.72 feet; thence, North 11º32'10" West, 221.70 feet; thence, North
02º51'46" West, 122.76 feet; thence, North 09º31'29" West, 49.42 feet to the
southerly line of Willow Springs Annexation; thence along said southerly line the
following 18 courses and distances: North 89º11'07" East, 307.33 feet; thence, North
88º58'07" East, 235.40 feet; thence, South 73º22'53" East, 83.20 feet; thence, South
46º25'53" East, 80.40 feet; thence, South 51º11'53" East, 67.70 feet; thence, South
33º06'53" East, 44.10 feet; thence, South 30º14'53" East, 82.50 feet; thence, South
03º55'53" East, 86.50 feet; thence, South 21º48'53" East, 44.90 feet; thence, South
55º53'53" East, 54.20 feet; thence, South 74º38'53" East, 367.20 feet; thence, South
67º46'53" East, 227.00 feet; thence, South 54º53'53" East, 152.80 feet; thence, South
71º51'53" East, 121.50 feet; thence, South 68º22'53" East, 243.40 feet; thence South
68º41'53" East, 208.00 feet; thence, South 55º18'53" East, 82.70 feet; thence, South
52º11'53" East, 234.62 feet to a point on the westerly right-of-way line of South
Timberline Road; thence along said westerly right-of-way line, South 00º00'53" East,
190.54 feet; thence, North 89º40'37" East, 60.00 feet to a point on the East right-of-
way line of South Timberline Road; thence along said East line, South 00º00'53"
East, 536.20 feet; thence, South 89º43'20" West, 60.00 feet to the West right-of-way
line of South Timberline Road; thence along said West line, South 00º00'53" East,
771.38 feet to the POINT OF BEGINNING.
Said parcel of land contains 69.417 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 Hansen
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 15th day of
January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013.
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Mayor
ATTEST:
_____________________________
City Clerk
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Passed and adopted on final reading on the 5th day of February, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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ORDINANCE NO. 007, 2013
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 HANSEN 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 properties which are the subject of this ordinance, and has determined that said properties
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 Hansen Annexation to the City of Fort Collins, Colorado, into the
following zone districts:
Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District:
A parcel of land located in the East Half of Section 7, Township 6 North, Range 68
West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing South
00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the west right-of-way line South Timberline
Road; the thence along said west right-of-way line, North 00º00'53" West, 1,278.95
feet to the POINT OF BEGINNING; thence, South 89º59'07" West, 822.00 feet;
thence, South 00º00'53" East, 670.19 feet; thence, North 63º34'52" West, 185.84feet;
thence, North 49º45'28" West, 330.86 feet; thence, North 47º12'15" West, 783.31
feet; thence, North 55º07'00" West, 318.91 feet; thence, North 74º09'59" West,
184.15 feet; thence, North 03º02'18" West, 367.61 feet; thence, North 05º59'16"
West, 117.72 feet; thence, North 11º32'10" West, 221.70 feet; thence, North
02º51'46" West, 122.76 feet; thence, North 09º31'29" West, 49.42 feet; thence, North
89º11'07" East, 307.33 feet; thence, North 88º58'07" East, 235.40 feet; thence, South
73º22'53" East, 83.20 feet; thence, South 46º25'53" East, 80.40 feet; thence, South
51º11'53" East, 67.70 feet; thence, South 33º06'53" East, 44.10 feet; thence, South
30º14'53" East, 82.50 feet; thence, South 03º55'53" East, 86.50 feet; thence, South
21º48'53" East, 44.90 feet; thence, South 55º53'53" East, 54.20 feet; thence, South
74º38'53" East, 367.20 feet; thence, South 67º46'53" East, 227.00 feet; thence, South
54º53'53" East, 152.80 feet; thence, South 71º51'53" East, 121.50 feet; thence, South
68º22'53" East, 243.40 feet; thence, South 68º41'53" East, 208.00 feet; thence, South
55º18'53" East, 82.70 feet; thence, South 52º11'53" East, 234.62 feet to the west
right-of-way line of South Timberline Road; thence along said west right-of-way line,
South 00º00'53" East, 219.13 feet to the POINT OF BEGINNING.
Said parcel of land contains 46.40 acres, more or less.
Medium Density Mixed-Use Neighborhood (“M-M-N”) Zone District:
A parcel of land located in the East Half of Section 7, Township 6 North, Range 68
West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing South
00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the west right-of-way line of South
Timberline Road; thence along said west right-of-way line, North 00º00'53" West,
398.44 feet to the POINT OF BEGINNING; thence, South 89º43'20" West, 534.49
feet; thence, North 45º20'54" West, 45.84 feet; thence, North 57º52'49" West, 191.24
feet; thence, North 48º06'28" West, 109.43 feet; thence, North 63º34'52" West, 12.88
feet; thence, North 00º00'53" West, 670.19 feet; thence, North 89º59'07" East, 822.00
feet to the west right-of-way line of South Timberline Road; thence along said west
right-of-way line, North 00º00'50" West 28.59 feet; thence, North 89º40'37" East,
60.00 feet to the east right-of-way line of South Timberline road; thence along said
east right-of-way line, South 00º00'53" East, 536.20 feet; thence, South 89º43'20"
West, 60.00 feet to the west right-of-way line of South Timberline Road; thence
along said west right-of-way line, South 00º00'53" East, 372.94 feet to the PONT OF
BEGINNING.
Said parcel of land contains 16.69 acres, more or less.
Neighborhood Commercial (“N-C”) Zone District:
A parcel of land located in the East Half of Section 7, Township 6 North, Range 68
West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being
more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 7 as bearing South
00º00'53" East and with all bearings herein relative thereto:
COMMENCING at the East Quarter Corner of said Section 7; thence, South
89º59'49" West, 30.00 feet to a point on the west right-of-way line of South
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Timberline Road, said point being the POINT OF BEGINNING; thence along said
west right-of-way line, South 00º05'58" West, 150.36 feet; thence, North 86º55'07"
West, 81.60 feet; thence, North 70º20'07" West, 286.00 feet; thence, North 39º29'33"
West, 64.42 feet; thence, South 89º59'49" West, 314.41 feet; thence, North 18º53'29"
East, 280.05 feet; thence, South 80º52'47" East, 140.66 feet; thence, North 43º24'32"
East, 68.46 feet; thence, North 45º20'54" West, 147.24 feet; thence, North 89º43'20"
East, 534.49 feet to the west right-of-way line of South Timberline Road; thence
along said west right-of-way line, South 00º00'53" East, 398.44 feet to the POINT OF
BEGINNING.
Said parcel of land contains 6.33 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 properties are 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 15th day of
January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 5th day of February, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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