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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/01/2012 - RESOLUTION 2012-030 FINDING SUBSTANTIAL COMPLIANCEDATE: May 1, 2012 STAFF: Lindsay Ex AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Resolution 2012-030 Finding Substantial Compliance and Initiating Annexation Proceedings for the 912 Wood Street Annexation. EXECUTIVE SUMMARY The applicant, Sidehill Investment LLC., the property owner, has submitted a written petition requesting annexation of 17.34 acres located on the east side of Wood Street, approximately 1,320 feet east of North Shields Street. The property is developed and is in the O - Open District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned O – Open in the Larimer County to the south and west, and POL – Public Open Lands in the City (Lee Martinez Park and McMurry Natural Area) to the east and north. 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. This is a 100% voluntary annexation for a property owned by Sidehill Investment LLC and that is located within the Growth Management Area. 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 law. This property gains the required 1/6 contiguity to existing city limits from a common boundary with the McMurry Natural Area (December, 2010) to the north, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BOARD / COMMISSION RECOMMENDATION At its May 17, 2012 meeting, the Planning and Zoning Board will conduct a public hearing on the annexation. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on June 5, 2012. 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. The only known issue with this annexation is the previously expressed concern by community members and one Councilmember with the LOMR-Fill (Letter of Map Revision-Fill) process that occurred while the property is still in the County. While the floodplain regulations for the Poudre River Basin generally match across the City and the County, the City conditions its approval of LOMR-Fill applications in a way that the County does not. In this instance, the LOMR-Fill was approved by the County and portions of the site have been removed from the floodplain prior to annexation. Remaining portions of the site that are in the floodplain will be required to comply with the City’s floodplain regulations. May 1, 2012 -2- ITEM 13 PUBLIC OUTREACH There was no public outreach for this Initiating Resolution as the 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. Future Development – 912 Wood Street A conceptual review for the property at 912 Wood Street was held on January 9, 2012; Sidehill Investment LLC has indicated the desire to develop single-family residential dwelling units on the property. The City’s Structure Plan Map and Northwest Subarea Plan provide guidance that the subject 17.34 acres should be zoned Urban Estate (U-E). The Northwest Subarea Plan further suggests that residential development on the subject property should be clustered (see the Framework Plan Map on page 12 of the Plan). Single-family residential units are a permitted use in the U-E Zone. Consistent with the Northwest Subarea Plan, the applicants are proposing to cluster the residential units, which is a use that is subject to review by the Planning and Zoning Board. When clustering residential units in the U-E Zone, a minimum of 50% of open space must be preserved. A development review outreach meeting for this project has not been scheduled at this time, but is anticipated as the project moves forward. ATTACHMENTS 1. Vicinity Map 2. Structure Plan Map 3. Zoning Map 912 Wood Street - Vicinity Map Cac h e l a Po u dr e Riv e r Bender Mobile Home N SHIELDS ST LAPORTE AVE MAPLE ST WOOD ST CHERRY ST LAPORTE AVE ELM ST SYCAMORE ST HICKORY ST PARK ST WEST ST N GRANT AVE N SHERWOOD ST HEMLOCK ST N WHITCOMB ST W VINE DR N MASON ST N MELDRUM ST N HOWES ST HANNA ST BUNGALOW CT HAWKINS ST ELM ST LAPORTE AVE N SHIELDS ST W MULBERRY ST E VINE DR N COLLEGE AVE N LEMAY AVE RIVERSIDE AVE W VINE DR N TAFT HILL RD 0 0.5 1 2 Miles Wood 912 Street Annexation Site VICINITY MAP 0 250 500 750 1,000 Feet Legend City Limits 912 Wood Street PoudreRiver Streets Parcels ATTACHMENT 1 912 Wood Street - Zoning Map Cac h e l a Po u dr e Riv e r Bender Mobile Home N SHIELDS ST LAPORTE AVE MAPLE ST WOOD ST CHERRY ST LAPORTE AVE ELM ST SYCAMORE ST HICKORY ST PARK ST WEST ST N GRANT AVE N SHERWOOD ST HEMLOCK ST N WHITCOMB ST W VINE DR N MASON ST N MELDRUM ST N HOWES ST HANNA ST BUNGALOW CT HAWKINS ST NCM E D POL CS POL POL NCL D CL LMN RC NCL LMN POL LMN LMN NCB POL LMN LMN NCB LMN CG LMN 912 Wood Street - Structure Plan Cac h e l a Po u dr e Riv e r Bender Mobile Home N SHIELDS ST LAPORTE AVE MAPLE ST WOOD ST CHERRY ST LAPORTE AVE ELM ST SYCAMORE ST HICKORY ST PARK ST WEST ST N GRANT AVE N SHERWOOD ST HEMLOCK ST N WHITCOMB ST W VINE DR N MASON ST N MELDRUM ST N HOWES ST HANNA ST BUNGALOW CT HAWKINS ST LAPORTE AVE N SHIELDS ST W MULBERRY ST E VINE DR N COLLEGE AVE N LEMAY AVE RIVERSIDE AVE W VINE DR N TAFT HILL RD 0 0.5 1 2 Miles Wood 912 Street Annexation Site VICINITY MAP 0 250 500 750 1,000 Feet Legend Structure Plan Land Use Downtown District Community Commercial District Commercial Corridor District Neighborhood Commercial District Employment District Industrial District RESOLUTION 2012-030 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE 912 WOOD STREET 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 912 Wood Street 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 Statute. 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 912 Wood Street Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE WEST LINE OF SAID SOUTHWEST QUARTER, WHICH IS ASSUMED BEAR S 00°04’30” E. SAID WEST LINE IS MONUMENTED ON THE NORTH END BY A 2.5” ILLEGIBLE ALUMINUM CAP IN A RANGE BOX AND ON THE SOUTH END BY A 3.5” BRASS CAP MARKED “BRADFORD” IN A RANGE BOX. BEGINNING AT THE SOUTHWEST ONE-SIXTEENTH CORNER OF SAID SECTION 2, FROM WHICH THE WEST QUARTER CORNER OF SAID SECTION TWO BEARS S 89°58’24” WEST, A DISTANCE OF 1323.93 FEET AND AGAIN N 00°04’30” W, A DISTANCE OF 1326.78 FEET; THENCE N 00°04'07" W, ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER, A DISTANCE OF 291.09 FEET, TO THE SOUTHERLY LINE OF THE MCMURRY NATURAL AREA ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON SAID SOUTHERLY LINE THE FOLLOWING THIRTEEN (13) COURSES: 1) THENCE N 88°03'51" E, A DISTANCE OF 170.61 FEET; 2) THENCE S 84°28'21" E, A DISTANCE OF 208.68 FEET; 3) THENCE S 67°34'38" E, A DISTANCE OF 201.58 FEET; 4) THENCE S 77°39'28" E, A DISTANCE OF 43.58 FEET; 5) THENCE S 65°58'00" E, A DISTANCE OF 79.32 FEET; 6) THENCE N 65°35'00" E, A DISTANCE OF 26.86 FEET; 7) THENCE S 77°39'28" E, A DISTANCE OF 30.31 FEET; 8) THENCE N 68°32'47" E, A DISTANCE OF 192.35 FEET; 9) THENCE N 84°06'06" E, A DISTANCE OF 164.90 FEET; 10) THENCE S 69°42'00" E, A DISTANCE OF 35.87 FEET; 11) THENCE S 63°52'00" E, A DISTANCE OF 165.62 FEET; 12) THENCE S 53°38'18" E, A DISTANCE OF 13.97 FEET; 13) THENCE S 23°54'48" E, A DISTANCE OF 133.15 FEET, TO THE EAST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER, AND THE WEST LINE OF THE ORIGINAL TOWN OF FORT COLLINS PLAT; THENCE S 00°03'45" E, ON SAID WEST LINE, A DISTANCE OF 375.10 FEET, TO A POINT ON THE NORTH LINE OF THE SOUTH 30 ACRES OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE S 89°58'24" W, ON SAID NORTH LINE, A DISTANCE OF 1276.16 FEET, TO THE EASTERLY LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON SAID EASTERLY LINE THE FOLLOWING THREE (3) COURSES: 1) THENCE N 00°01'08" E, A DISTANCE OF 3.20 FEET; 2) THENCE N 89°58'52" W, A DISTANCE OF 50.00 FEET; 3) THENCE N 00°01'08" E, A DISTANCE OF 276.00 FEET, TO THE NORTHEAST CORNER OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE S 89°58'52" E, ON THE EASTERLY EXTENSION OF THE NORTH LINE OF THE SERVICE CENTER 4TH ANNEXATION TO THE CITY OF FORT COLLINS, A DISTANCE OF 1.84 FEET, TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE N 00°04'07" W, ON SAID WEST LINE, A DISTANCE OF 61.71 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 17.3443 ACRES OR 755,516 SQUARE FEET. Section 2. That the City Council hereby finds and determines that the annexation petition for the 912 Wood Street 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, and 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 1st day of May A.D. 2012. Mayor ATTEST: Interim 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 912 Wood Street Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on June 5, 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 Urban Estate (“U-E”) 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 1st day of May, A.D. 2012. _______________________________ Interim City Clerk Campus District Urban Estate Low Density Mixed-Use Neighborhoods Medium Density Mixed-Use Neighborhoods Rural Lands Foothills Community Separator Open Lands, Parks and Stream Corridors Poudre River Adjacent Planning Areas Poudre River Corridor 912 Wood Street PoudreRiver Streets Parcels ATTACHMENT 3 D LAPORTE AVE N SHIELDS ST W MULBERRY ST E VINE DR N COLLEGE AVE N LEMAY AVE RIVERSIDE AVE W VINE DR N TAFT HILL RD 0 0.5 1 2 Miles Wood 912 Street Annexation Site VICINITY MAP 0 250 500 750 1,000 Feet Legend City Limits 912 Wood Street PoudreRiver Streets Parcels City Zoning Limited Commercial (CL) Service Commercial (CS) Employment (E) Low Density Mixed-Use Neighborhood (LMN) Neighborhood Conservation Low Density (NCL) Neighborhood Conservation Medium Density (NCM) Public Open Lands (POL) River Conservation (RC) ATTACHMENT 2