The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/07/2014 - ITEMS RELATING TO THE MAIL CREEK CROSSING ANNEXATIAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Items Relating to the Mail Creek Crossing Annexation and Zoning. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 183, 2013, Annexing Property Known as the Mail Creek Crossing Annexation to the City of Fort Collins. B. Second 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. These Ordinances, unanimously adopted on December 17, 2013, 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 proposed zoning for this annexation is LMN - Low Density Mixed Use Neighborhood. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 17, 2013 (w/o attachments) (PDF) 2. Ordinance No. 183, 2013 (PDF) 3. Ordinance No. 184, 2013 (PDF) Agenda 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 ATTACHMENT 1 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) - 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 - 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