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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/17/2013 - ITEMS RELATING TO THE MAIL CREEK CROSSING ANNEXATIAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Items Relating to the Mail Creek Crossing Annexation and Zoning EXECUTIVE SUMMARY A. Resolution 2013- 103 Setting Forth Findings of Fact and Determinations Regarding the Mail Creek Crossing Annexation. B. Hearing and First Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 184, 2013, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Mail Creek Crossing Annexation to the City of Fort Collins. This is a request to annex and zone 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 homes; the requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. Mail Creek Crossing does not create an enclave. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. BACKGROUND / DISCUSSION 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 Agenda Item 15 Item # 15 Page 2 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). Thus, this IGA stipulates that the properties in this area are annexed after the development review process. The City does have an opportunity to comment on projects, and City staff has reviewed and commented on the Mail Creek Crossing project through the County’s development review process. This process of County plan review followed by annexation was also undertaken with the Westchase, Kechter Crossing, Fossil Lake neighborhoods. 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 of 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. The surrounding zoning and land uses are as follows: N: LMN in the City of Fort Collins; Kechter Crossing (residential) E: PUD in Larimer County; Proposed Kechter Farm S: LMN in the City of Fort Collins; Timbers (residential) W: LMN in the City of Fort Collins; Bacon Elementary FA1 - Farming in Larimer County; Vacant Land Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. 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. 2. The requested placement into the Low Density Mixed-Use Neighborhood District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 4. On November 5, 2013, the City Council adopted Resolution 2012-030 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. 5. The requested LMN, Low Density Mixed Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. Agenda Item 15 Item # 15 Page 3 FINANCIAL / ECONOMIC IMPACT No direct financial impacts result from the proposed annexation and zoning. ENVIRONMENTAL IMPACTS The health, safety and well-being of the community and its citizens will not be adversely impacted by the proposed annexation and zoning of the property. The annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations and the City of Fort Collins Comprehensive Plan & Land Use Code. BOARD / COMMISSION RECOMMENDATION At its November 14, 2013 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request and voted 7-0 to recommend approval of the annexation. The Board voted 7-0 to recommend that the property be placed in the Low Density Mixed Use Neighborhood Zone District and in the Residential Neighborhood Sign District. The minutes from the November 14, 2013 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 November 14, 2013. A letter of notification of the public hearing was mailed to all Affected Property Owners within 1000 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings. A meeting was not held for this annexation & zoning request, due to the fact that the development project was reviewed and approved in the County and a neighborhood meeting was conducted as part of the County review. In addition to this public notice, 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 (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Fossil Creek Reservoir Area Land Use Map (PDF) 5. Planning and Zoning Board Minutes (Draft), November 14, 2013 (PDF) 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 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 CrossingCreek Site - Mail Annexation Annexaton - Ar ea￿ KFeacrhmter (under review) 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) INTERSTATE 25 ECOUNTYROAD30 S TIMBERLINE RD E HARMONY RD ECOUNTYROAD32 KECHTER RD ETRILBYRD ZIEGLER RD CARPENTER RD SCOUNTYROAD 9 S COUNTY ROAD 7 SCOUNTYROAD11 STRAUSS CABINRD ECOUNTYROAD36 INTERSTATE 25 S COUNTY ROAD 9 ZIEGLERRD S TIMBERLINE RD SCOUNTYROAD11 ECOUNTYROAD36 Fossil Creek Reservoir Area Land Use Framework Plan 00.0.25 5 Miles Legend GMA City Limits Resource Management Area Parcels ProjectArea ProposedTrail Existing Trail Natural Areas Streams Loveland GMA WaterBodies Unified Development Plan Needed Potential Grade Separated Rail Crossing Potential Interchange Collector 2 Lanes Arterial 2 Lanes Arterial 4 Lanes MajorArterial 6 Lanes Interstate Collector 2 Lanes - Outside GMA Arterial 2 Lanes - Outside GMA Arterial 4 Lanes - Outside GMA MajorArterial 6 Lanes - Outside GMA Structure Plan Land Use 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 Poudre River Adjacent Planning Areas Adopted: March 28, 1998 Planning and Zoning Board Hearing Minutes November 14, 2013 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Andy Smith Phone: (H) 482-7994 Chair Andy Smith called the meeting to order at 5:00 p.m. Roll Call: Carpenter, Hart, Hatfield, Heinz, Kirkpatrick, Smith and Schneider Staff Present: Kadrich, Eckman, Vidergar, Wray, Shepard, Ex, Levingston, Gloss, Virata, Holland, Stanford, Olson, Gingerich, and Sanchez-Sprague Agenda Review CDNS Director Kadrich reviewed the agenda. Chair Smith provided background on the board’s role and what the audience could expect as to the order of business. He described the following processes: • Citizen Participation is an opportunity for citizens to address the board on non-agenda related items. • Consent agenda items are considered items which have no known opposition. They are approved collectively at the beginning of the meeting unless a board member, staff or audience member requests an item is pulled and moved to the discussion agenda. • Discussion agenda items will include an applicant presentation, a staff presentation, and public comment. • At the time of public comment, he asked that you come to the podium, state your name and address for the record, and sign-in. He asked that the speaker clearly state their position. He encouraged speakers to share comments relevant to the topic under discussion. • Responses by applicant and staff will follow public comment. • The board will deliberate and reach a decision once a motion has been made and a vote taken. • He will begin each new item with a description of the development type being considered. The board will do their best not to use acronyms or jargon. Citizen participation: None Consent Agenda: 1. Minutes from the October 10, 2013 Hearing 2. 3 Mile Plan Update 4. Mail Creek Annexation & Zoning, #ANX130001 5. Foothills Redevelopment Overall Development Plan, # ODP130004 6. Provincetown Filing 3, 1 Year Extension of Vested Rights, #73-82X/Y Planning & Zoning Board November 14, 2014 Page 2 Chair Smith asked if staff or any member of the audience or board wished to pull any items from the Consent Agenda. A member of the audience requested Terra Vida II Apartments PDP to be moved to discussion. Member Hart made a motion to approve the consent agenda which consisted of the Minutes of the October 10, 2013 Hearing, 3 Mile Plan Update, Mail Creek Annexation and Zoning, Foothills Redevelopment ODP, and Provincetown File 3 One Year Extension of Vested Rights. Member Hatfield seconded the motion. The motion passed 7:0. Discussion Agenda: 3 Terra Vida II Apartments PDP, #PDP130028 7. Old Town Flats – Block 23 PDP, # PDP130022 8. Morningstar Assisted Living & Memory Care PDP, #PDP130024 9. Waterfield ODP, # ODP130002 _______ Project: Terra Vida II Apartments Project Development Plan, # PDP130028 Project Description: This is a request for 276 apartments on 10.2 acres located between Lady Moon Drive, Cinquefoil Lane, Precision Drive and the planned extension of Le Fever Drive. There would be ten, three-story apartment buildings plus a 6,000 square foot office/clubhouse, pool and picnic area along with nine mixed-use dwelling units. The site is zoned H-C, Harmony Corridor. Recommendation: Approval of the Modification of Standard and the PDP Hearing Testimony, Written Comments and Other Evidence Chief Planner Ted Shepard said the applicant is the same developer as the existing Terra Vida Apartments located one block to the south. (This project was originally referred to as Presidio Apartments during the plan review process but changed names at a later date for marketing purposes.) He said multi-family and mixed-use dwelling units are permitted within the Basic Industrial Non-Retail Employment Activity Center of the Harmony Corridor. The PDP complies with the applicable standards of both the Harmony Corridor Plan and the H-C zone. Further, the PDP complies with the applicable General Development Standards with two exceptions. Two Modifications of Standards have been requested. The first, a Modification of Standard to Section 3.5.2(D)(1) is recommended to allow the entrances on Buildings 5 and 9 to be located more than 200 feet from a public sidewalk and to allow their entrances to not face the public street as a design consideration to improve internal circulation to the clubhouse. The second, a Modification to Section 3.5.2(G) (1) (a) is recommended to allow the rear elevation of three garages to have a length that exceeds 55 feet. Staff recommends approval. Applicant Presentation Paul Campbell of Campbell Architects said they met criteria in all respects for the project – they are not asking for any waivers. He’s available for questions. - 1 - ORDINANCE NO. 184, 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 MAIL CREEK CROSSING 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 Mail Creek Crossing Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood (“L-M-N”) Zone District, which property is more particularly described as: 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 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. - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________ City Clerk - 1 - ORDINANCE NO. 183, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MAIL CREEK CROSSING ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2013-089, 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: 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 is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Mail Creek Crossing 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 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. - 2 - Introduced, considered favorably on first reading, and ordered published this 17th day of December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of January, A.D. 2014. __________________________________ Mayor ATTEST: __________________________ City Clerk - 1 - RESOLUTION 2013-103 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MAIL CREEK CROSSING ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Mail Creek Crossing 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 Mail Creek Crossing 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 17th day of December, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Amended: February 18, 1999 City Council Amended: May 18, 1999 City Council Amended: September 19, 2006