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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/05/2013 - RESOLUTION 2013-089 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY November 5, 2013 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Resolution 2013-089 Finding Substantial Compliance and Initiating Annexation Proceedings for the Mail Creek Crossing Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate the annexation process for Mail Creek Crossing. A written petition has been submitted requesting annexation of 39.608 acres located on the north side of Zephyr Road, approximately 1,450 feet east of South Timberline Road (just east of Bacon Elementary). The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Mail Creek is a residential development containing 137 single family dwelling units; the requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. The surrounding properties are currently zoned LMN to the south (Timbers Development), north (Kechter Crossing), and east (proposed Kechter Farm development). To the west are LMN zone districts (Bacon Elementary) and MMN - Medium Density Mixed Use Neighborhood (vacant land). 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. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. 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. The Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County regarding the Cooperative Planning Area adjacent to Fossil Creek Reservoir (adopted on August 31, 1999) and the IGA between the City and County regarding Cooperation on Managing Urban Development (adopted on June 24, 2008) stipulate the following: “The County may accept development applications for lands located within any area that is part of a “receiving area” established through an adopted subarea plan for any Larimer County Transferable Density Units Program. At such time as the County requires a landowner in a receiving area to request annexation to the City, the City will process the annexation petition such that the annexation, if approved by the City, will be completed within thirty-five (35) days following the County’s approval of the final plat” (Section 5B). Agenda Item 12 Item # 12 Page 2 The IGAs referenced are available online at http://www.fcgov.com/advanceplanning/pdf/iga-doc.pdf. Mail Creek Crossing is located within the Fossil Creek Reservoir Area Plan and is in a designated receiving area. In addition, Mail Creek Crossing does have 1/6 contiguity to existing City limits through Kechter Crossing to the north (annexed in December 2012) and Zephyr Road to the south (annexed in July 2002), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on November 14, 2013. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on December 17, 2013. 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. There was significant public outreach during the land use approval process through Larimer County, including a neighborhood meeting, and public hearings before the Planning Commission (July 17, 2013) and Board of County Commissioners (August 12, 2013). The project was approved by the Board of County Commissioners by a vote of 3-0. ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map Zephyr Road Kechter Road S Timberline Road BACON ELEMENTARY GODDARD SCHOOL Mail Creek Ditch Mail Vicinity Creek Crossing Map 1 inch = 600 feet ± MailLocation Site Creek Crossing Annexation Kechter Farm Legend City Limits Larimer County ATTACHMENT 1 Zephyr Road Kechter Road S Timberline Road LMN LMN RL UE MMN LMN MMN NC UE UE UE LMN BACON ELEMENTARY GODDARD SCHOOL Mail Creek Ditch Mail Zoning Creek Crossing Map 1 inch = 600 feet ± MailLocation Site Creek Crossing Annexation Kechter Farm Legend City Zoning ZONE Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Low Density Residential (RL) Urban Estate (UE) ATTACHMENT 2 Fossil Reservo Cre © Mail Structure Creek 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 - Mail Annexation Creek Annexaton - Ar ea￿ KFeacrhmter (under review) ATTACHMENT 3 - 1 - RESOLUTION 2013-089 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE MAIL CREEK 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 Mail Creek 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 Mail Creek Crossing Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: Lot 2 of the Lehman-Timberline Minor Land Division recorded June 19, 2013 at Reception No. 20130046276 of the Larimer County, Colorado, Records, situate in a portion of the South Half of the Northwest Quarter (S1/2NW1/4) of Section Eight (8), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), Larimer County, Colorado, containing 39.608 acres more or less. Section 2. That the City Council hereby finds and determines that the annexation petition for the Mail Creek 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 5th day of November, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk 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 Mail Creek Crossing Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on December 17, 2013, 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 5th day of November, A.D. 2013. _______________________________ City Clerk