HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/01/2011 - ITEMS RELATING TO THE LEISTIKOW ANNEXATION AND ZONDATE: November 1, 2011
STAFF: Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 21
SUBJECT
Items Relating to the Leistikow Annexation and Zoning.
A. Resolution 2011-098 Setting Forth Findings of Fact and Determinations Regarding the Leistikow Annexation.
B. Hearing and First Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow
Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 154, 2011, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Leistikow Annexation to the City of Fort
Collins.
EXECUTIVE SUMMARY
This is a request to annex and zone the Leistikow parcel. The parcel is 18.04 acres located east of Timberline Road
and south of Trilby Road. The property is a portion of the Leistikow Amended Minor Residential Division as approved
in Larimer County and addressed as 6732 South Timberline Road.
Contiguity with the existing municipal boundary is gained along the entire northern boundary which is shared with the
Westchase P.U.D. The recommended zoning is U-E, Urban Estate in conformance with the City’s Structure Plan Map
and the Fossil Creek Reservoir Area Plan. The Annexation includes a condition such that if the property develops as
a residential land use, the owner shall request disconnection from City so that Larimer County would then be able to
implement its Transfer of Density Units program. The effective term of this condition is ten years.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for a property located within the Growth Management Area. Of the total property
perimeter, 25% is contiguous to the existing City boundary thus satisfying the requirement that no less than one-sixth
of the perimeter boundary be contiguous.
According to the policies and agreements between the City of Fort Collins and Larimer County, the City will agree to
consider annexation of property in the Growth Management Area when the property is eligible for annexation under
state law.
The surrounding zoning and land uses are as follows:
N: L-M-N; Westchase P.U.D.
N: U-E; Westchase P.U.D.
E: FA-1; (Larimer County) Leflar M.R.D.
S: FA-1; (Larimer County) Leistikow Amended M.R.D.
W: FA-1; (Larimer County) Paragon Estates P.U.D.
This annexation request is in conformance with the Colorado Revised Statutes, City of Fort Collins Comprehensive
Plan, Land Use Code and the Intergovernmental Agreement between the City of Fort Collins and Larimer County.
There are no known controversies associated with this annexation.
November 1, 2011 -2- ITEM 21
Leistikow Minor Residential Division was approved in 1992, consisted of 37.5 acres and allowed the creation of four
lots, all of which exceeded the required minimum of 2.29 acres per Larimer County zoning of FA-1, Farming. This
M.R.D. was amended in September of 2011 and reduced the number of lots from four to three. The subject
annexation, consisting of 18.04 acres, is equivalent to Lot Two of the Leistikow Amended M.R.D.
Urban Estate Zone District
The requested zoning is Urban Estate, Urban Estate. The Land Use Code describes this zone district as follows:
“Purpose. The Urban Estate District is intended to be a setting for a predominance of low-density and
large-lot housing. The main purposes of this District are to acknowledge the presence of the many
existing subdivisions which have developed in these uses that function as parts of the community and
to provide additional locations for similar development, typically in transitional locations between more
intense urban development and rural or open lands.”
There are a variety of non-residential land uses allowed in the U-E including the following:
• Minor public facilities
• Parks, recreation and other open lands
• Cemeteries
• Public and private schools
• Places of worship or assembly
• Golf courses
• Wildlife rescue and education centers
• Child care centers
• Bed and breakfast establishments
• Plant nurseries and greenhouses
• Animal boarding
• Adult day/respite centers
• Small scale reception centers
• Resource extraction
• Composting facilities.
Fossil Creek Reservoir Area Plan
The parcel is located within the Fossil Creek Reservoir Area Plan, jointly adopted by the City of Fort Collins and
Larimer County in 1998. According to the Land Use Framework Plan, the subject parcel should be placed into the
Urban Estate zone district. The proposed zoning of Urban Estate complies with the applicable sub area plan.
Place of Worship or Assembly
The Church of Jesus Christ of Latter-day Saints has issued a press release indicating its desire to construct a temple
on the property described by this annexation. As noted, the City’s Structure Plan Map and the Fossil Creek Reservoir
Area Plan both provide guidance that the subject 18.04 acres should be zoned Urban Estate. A Place of Worship is
a permitted use in the U-E zone, subject to review by the Planning and Zoning Board.
A development review outreach neighborhood meeting was held on September 14, 2011, to discuss the development
review process for a future potential submittal of a Project Development Plan for a temple for the Church of Jesus
Christ Latter day-Saints. At this meeting, staff responded to inquiries regarding the annexation and zoning procedure,
conformance with State Statues, the IGA. with Larimer County, the City’s Fossil Creek Reservoir Area Plan and the
Land Use Code. Staff continues to emphasize to all interested parties that the annexation and development of land
are two distinct processes, each governed by their own set of standards and regulations. For example, concerns about
traffic on adjacent streets are a land development issue best addressed at the Project Development Plan stage, not
at the annexation and zoning stage. There will be opportunities for citizen input on land development issues at the
future neighborhood information meetings that will be scheduled prior to a submittal for a Project Development Plan.
The Larimer County Planning Department is aware that the annexation of land zoned residential within the Fossil
Creek Area Reservoir Plan, and contemplated for a non-residential land use (Place of Worship), would conform to both
existing County (FA-1) and proposed City (U-E) zoning. Larimer County supports the annexation and the proposed
November 1, 2011 -3- ITEM 21
Place of Worship. But, Larimer County would be concerned if, after annexation, the subject parcel were to instead
develop as a residential subdivision. If such were the case, then the County would be prevented from implementing
its Transfer of Density Units (TDU) Program, a key element of the Fossil Creek Reservoir Area Plan, jointly adopted
by both the City of Fort Collins and Larimer County.
Voluntary Condition of Annexation – Larimer County Transfer of Density Units
The applicant and the LDS Church have offered to the City a voluntary condition of annexation in the event that the
property should develop as a residential subdivision. The purpose of such a condition would be to ensure the
implementation of the County’s TDU Program.
The recommended condition of annexation would obligate the developer of a residential subdivision to request
disconnection from the City. Upon passage of a disconnection ordinance, the parcel would then revert to the County’s
jurisdiction thus enabling implementation of the TDU Program. Under this condition of annexation, the practical effect
of the overall intent of the Fossil Creek Reservoir Area Plan is met. The County’s TDU Program is calibrated such
that the residential density would not exceed the maximum allowable density prescribed in the Urban Estate zone.
After the County’s TDU Program is implemented by the approval of a County Subdivision, the Subdivision is then
annexed into the City prior to land development in accordance with the Fossil Creek Reservoir Area Plan. The
condition reads as follows:
This annexation into the City of Fort Collins is conditioned upon the subject property developing as
a non-residential land use. If the property is to be developed as a residential use, then the owner,
successors or assigns shall request disconnection of the subject property from the City of Fort Collins
so that Larimer County would have subdivision and zoning jurisdiction and allow for the
implementation of the Transfer of Density Units Program. This condition shall be in effect for a period
of ten (10) years following the effective date of this ordinance.
Findings
1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
2. 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.
3. The requested U-E, Urban Estate Zoning District, is in conformance with the policies of the City's
Comprehensive Plan and the Fossil Creek Reservoir Area Plan.
4. The request is in conformance with the City of Fort Collins Land Use Code.
5. On September 20, 2011, the City Council adopted Resolution 2011-087 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.
6. The recommended condition of annexation whereby the owner would request disconnection in the event of
residential development has been voluntarily offered by the applicant with the full knowledge and consent of
the Church of Jesus Christ of Latter-day Saints. The ten year time frame has been reviewed and approved
by Larimer County.
FINANCIAL / ECONOMIC IMPACTS
As with any annexation, specific financial impacts are difficult to determine. The Compact Urban Growth Standards
exempt parcels within the Fossil Creek Reservoir Area from needing to comply with requirements for being contiguous
to urban development defined as having an overall density of at least one unit per acre. Despite this exemption, the
subject parcel is, in fact, contiguous to existing urban development (Westchase P.U.D. and Trilby Road). Development
of this parcel will, therefore, be a sequential extension of utilities and services. Adequate public facilities are extended
November 1, 2011 -4- ITEM 21
to the north property line with greater than 16.66% contiguity thus ensuring compliance with the City’s adequate public
facilities management system.
ENVIRONMENTAL IMPACTS
The site is not within 500 feet of a known natural habitat or feature. As with any development, any significant trees
are to be preserved but if preservation is not feasible, then mitigation per Land Use Code Section 3.2.1(F) would be
invoked.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
Staff recommends that this property be included in the Residential Neighborhood Sign District.
Staff also recommends that the Annexation Ordinance include the condition that should the property owner seek a
residential development, then the owner shall request disconnection from the City of Fort Collins so that Larimer
County would have the opportunity to implement its Transfer of Density Units Program and that this condition be placed
on the Leistikow Annexation for a period of ten years.
BOARD / COMMISSION RECOMMENDATION
Through no fault of the applicant, notification to affected property owners was not properly mailed prior to the regular
Planning and Zoning Board hearing of October 20, 2011. A special Planning and Zoning Board hearing has been
scheduled for November 3, 2011. Following this hearing, the Planning and Zoning Board’s recommendation will be
forwarded to City Council prior to the Council’s public hearing on Second Reading on November 15, 2011.
Prior to City Council Second Reading, the recommendation of the Planning and Zoning Board will be forwarded
addressing the issues of the annexation, the placing of the property into the U-E, Urban Estate zone district, inclusion
into the residential neighborhood sign district and the condition of annexation whereby the owner would request
disconnection in the case of residential development for a period of ten years.
PUBLIC OUTREACH
Public notice was provided for the Planning and Zoning Board hearing of November 3, 2011. The property was posted
with a sign. A letter of notification was mailed to 650 property owners within a 1,000-foot radius 14 days prior to the
hearing. A neighborhood meeting is not required for annexation of property but a development review outreach
meeting to familiarize the attendees with the development review process was held on September 14, 2011.
ATTACHMENTS
1. Annexation Petition Supplemental Information
2. Vicinity Map
3. Structure Plan Map.
4. Zoning Map
ATTACHMENT 1
RESOLUTION 2011-098
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE LEISTIKOW ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the City Council for
property to be known as the Leistikow 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 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
Leistikow 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 1st
day of November A.D. 2011.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 153, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
LEISTIKOW ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2011-087, 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:
Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD
and a portion of the existing right-of-way of Timberline Road situate in Sections 17
and 18, Township 6 North, Range 68 West of the 6th P.M. Larimer County, Colorado
being more particularly described as follows:
Beginning at the Northwest Corner of said Section 17, and considering the North line
of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing
South 89<56’00” East and with all bearings contained herein relative thereto; thence
along said North line, South 89<56’00” East 785.96 feet to the True Point of
Beginning, said point being a point on the South line of Westchase Annexation No.
2 to the City of Fort Collins according to the plat on file in the office of the Clerk and
Recorder said County; thence along said South line, South 89<56’00” East 140.27
feet; thence departing said South line, South 00<04’00” West 91.40 feet; thence
South 75<01’11” West 126.44 feet; thence South 14<58’49” East 95.52 feet to the
beginning of a tangent curve concave to the Northwest having a central angle of
98<02’18” and a radius of 528.00 feet; thence Southwesterly along the arc of said
curve 903.46 feet; thence departing said curve, South 07<22’24” East 175.33 feet;
thence South 89<54’32” West 467.79 feet to a point on the West right-of-way line of
said Timberline Road; thence along said West right-of-way line the following
courses and distances, North 00<09’18” East 55.71 feet; thence South 89<54’44”
East 10.00 feet; thence North 00<09’18” East 959.03 feet to a point on the South line
of said Westchase Annexation No. 2; thence along said South line South 89<56’00”
East 273.04 feet to the beginning of a tangent curve concave to the Northwest having
a central angle of 2<27’15” and a radius of 512.50 feet; thence Northeasterly along
the arc of said curve 21.95 feet to the end of said curve; thence tangent from said
curve North 87<36’45” East 95.36 feet to the beginning of a tangent curve concave
to the Southeast having a central angle of 2<27’15” and a radius of 487.50 feet;
thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve;
thence tangent from said curve, South 89<56’00” East 207.42 feet to the beginning
of a tangent curve concave to the Northwest having a central angle of 17<15’28” and
a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet
to the True Point of Beginning.
The above described parcel contains 18.035 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
Leistikow Annexation, which annexation shall become effective in accordance with the provisions
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.
Section 4. That this annexation into the City of Fort Collins is conditioned upon the
subject property developing as a non-residential land use. If the property is to be developed as a
residential use, then the owner, successors or assigns shall request disconnection of the subject
property from the City of Fort Collins so that Larimer County would have subdivision and zoning
jurisdiction and allow for the implementation of the Transfer of Density Units Program. This
condition shall be in effect for a period of ten (10) years following the effective date of this
ordinance.
Introduced, considered favorably on first reading, and ordered published this 1st day of
November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D.
2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-2-
Passed and adopted on final reading on the 15th day of November, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
ORDINANCE NO. 154, 2011
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 LEISTIKOW 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 Leistikow Annexation to the City of Fort Collins, Colorado, in the Urban
Estate (“U-E”) Zone District, which property is more particularly described as:
Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD
and a portion of the existing right-of-way of Timberline Road situate in Sections 17
and 18, Township 6 North, Range 68 West of the 6th P.M. Larimer County, Colorado
being more particularly described as follows:
Beginning at the Northwest Corner of said Section 17, and considering the North line
of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing
South 89<56’00” East and with all bearings contained herein relative thereto; thence
along said North line, South 89<56’00” East 785.96 feet to the True Point of
Beginning, said point being a point on the South line of Westchase Annexation No.
2 to the City of Fort Collins according to the plat on file in the office of the Clerk and
Recorder said County; thence along said South line, South 89<56’00” East 140.27
feet; thence departing said South line, South 00<04’00” West 91.40 feet; thence
South 75<01’11” West 126.44 feet; thence South 14<58’49” East 95.52 feet to the
beginning of a tangent curve concave to the Northwest having a central angle of
98<02’18” and a radius of 528.00 feet; thence Southwesterly along the arc of said
curve 903.46 feet; thence departing said curve, South 07<22’24” East 175.33 feet;
thence South 89<54’32” West 467.79 feet to a point on the West right-of-way line of
said Timberline Road; thence along said West right-of-way line the following
courses and distances, North 00<09’18” East 55.71 feet; thence South 89<54’44”
East 10.00 feet; thence North 00<09’18” East 959.03 feet to a point on the South line
of said Westchase Annexation No. 2; thence along said South line South 89<56’00”
East 273.04 feet to the beginning of a tangent curve concave to the Northwest having
a central angle of 2<27’15” and a radius of 512.50 feet; thence Northeasterly along
the arc of said curve 21.95 feet to the end of said curve; thence tangent from said
curve North 87<36’45” East 95.36 feet to the beginning of a tangent curve concave
to the Southeast having a central angle of 2<27’15” and a radius of 487.50 feet;
thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve;
thence tangent from said curve, South 89<56’00” East 207.42 feet to the beginning
of a tangent curve concave to the Northwest having a central angle of 17<15’28” and
a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet
to the True Point of Beginning.
The above described parcel contains 18.035 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.
Introduced, considered favorably on first reading, and ordered published this 1st day of
November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D.
2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 15th day of November, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk