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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/07/2015 - RESOLUTION 2015-061 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY July 7, 2015 City Council STAFF Ted Shepard, Chief Planner SUBJECT Resolution 2015-061 Finding Substantial Compliance and Initiating Annexation Proceedings for the Kechter Farm Second Annexation. EXECUTIVE SUMMARY The purpose of this item is to annex the second phase of Kechter Farm. The applicants, Toll CO 1 LLC, the property owners, have submitted a written petition requesting annexation of 78.58 acres located on the west side of Ziegler Road, south of Kechter Road and north of Fossil Creek Reservoir. Trilby Road bisects the site. The requested zoning for this annexation is L-M-N, Low Density Mixed-Use Neighborhood (37.48 acres) and U-E, Urban Estate (41.1 acres). The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, adopted in 1999, properties within this subarea are to receive their land use approval in the County and are then to be annexed prior to the issuance of building permits. Kechter Farm First Annexation, 88.21 acres, was annexed in May 2014. The Second Annexation consists of 78.58 acres. 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. An enclave of approximately 180 acres was created with Kechter Farm First Annexation (May, 2014). This enclave has since been reduced to approximately 140 acres by the annexation of Mail Creek Crossing (January, 2014) located to the north and west of the subject property. 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, on August 18, 2015. Not less than thirty days of prior notice is required by State law. The property is located within the Fort Collins 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, and the Fossil Creek Reservoir Area Plan, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. Agenda Item 16 Item # 16 Page 2 The site is located in an area designated by the sub-area plan as the Cooperative Planning Area adjacent to Fossil Creek Reservoir. The IGA regarding the Cooperation on Managing Urban Development (adopted on June 24, 2008) stipulates the following: “The County may accept development applications for land located within any area that is part of a “receiving area” established through an adopted sub-area 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). This procedure results in the City annexing a County-approved subdivision. Kechter Farm Second Annexation is following the same sequence and process that governed Kechter Farm First Annexation. The subject property gains the required one-sixth contiguity to existing City limits from common boundaries with Kechter Farm First Annexation (zoned L-M-N and annexed in May 2014); Mail Creek Crossing Annexation (zoned L-M-N and annexed in January 2014); Kinard Junior High School Annexation (zoned L-M-N and annexed in March 2007); and Westchase PUD (zoned L-M-N and U-E and annexed in December 2001). As a result, there is 67% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum. 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. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on July 9, 2015, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on August 18, 2015. 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. Please note, however, that as with Kechter Farm First Annexation, the Second Annexation was included in larger General Development Plan for which there was significant public outreach including a neighborhood meeting and public hearings before the Larimer County Planning Commission and Board of County Commissioners. ATTACHMENTS 1. Vinicity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Enclave Area Map (PDF) 5. Development Plan Map (PDF) 6. Petition for Annexation (PDF) Site - Kechter Farm Annexation (Phase Two) Parcel 1 Parcel 2 Parcel 3 GODDARD SCHOOL KINARD CORE KNOWLEDGE MIDDLE SCHOOL TRAUT CORE KNOWLEDGE FOSSIL RIDGE HIGH SCHOOL BACON ELEMENTARY REDEEMER EARLY CHILDHOOD CENTER ZACH ELEMENTARY PRESTON MIDDLE SCHOOL S Timberline Rd Ziegler Rd Kechter Rd E Trilby Rd E H armony Rd 1 inch = 2,000 feet Kechter Farm (Phase Two) Vicinity Map ATTACHMENT 1 Legend Major Street Names Annexation City Limits Growth Management Area Site - Kechter Farm Annexation (Phase Two) Parcel 1 Parcel 2 Parcel 3 ZIEGLER RD S TIMBERLINE RD KECHTER RD Fossil Creek Reservoir Mail Creek Crossing Kechter Farm (Phase Two) Structure Plan Boundaries Fort Collins GMA City Limits County Boundary Districts Neighborhood Commercial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Rural Lands Corridors Open Lands, Parks and Water Corridors 1 in = 0.2 miles ATTACHMENT 2 Parcel 1 LMN Parcel 2 LMN Parcel 3 UE Site - Kechter Farm Annexation (Phase Two) ZIEGLER RD S TIMBERLINE RD KECHTER RD Fossil Creek Reservoir LMN POL T NC MMN RL UE Growth Management Area City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential Transition (T) Urban Estate (UE) Kechter Farm (Phase Two) Zoning 1 inch = 1,200 feet ATTACHMENT 3 Parcel 1 Parcel 2 Parcel 3 Site - Kechter Farm Annexation Mail Creek Crossing (Phase Two) annexed 39 ac Jan. 2014 S TIMBERLINE RD E TRILBY RD KECHTER RD City Limits Fossil Creek Reservoir Enclave Area Growth Management Area Kechter Farm (Phase Two) Enclave Area Reduced 1 inch = 1,200 feet ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 - 1 - RESOLUTION 2015-061 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE KECHTER FARM SECOND 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 Kechter Farm Second Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Kechter Farm Second Annexation 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 Kechter Farm Second Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: Parcel 1: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH RANGE 68 WEST OF THE 6TH P.M. SAID CORNER BEING THE NORTHWESTERLY CORNER OF SAID TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1, AS RECORDED UNDER RECEPTION NUMBER 20140024916 IN THE OFFICES OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ON THE NORTHERLY LINE OF TRACT S, ALSO BEING THE NORTH LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, N89°39'17"E A DISTANCE OF 1445.97 FEET, TO A POINT ON THE WESTERLY LINE OF THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON THE WESTERLY LINE OF SAID ANNEXATION, S00°17'17"W A DISTANCE OF 547.39 FEET, TO A POINT ON THE NORTHERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON THE NORTHERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING TWENTY-NINE (29) COURSES: 1. S89°39'17"W A DISTANCE OF 114.78 FEET; 2. N89°42'43"W A DISTANCE OF 62.00 FEET; - 2 - 3. S00°17'17"W A DISTANCE OF 17.45 FEET; 4. S44°58'17"W A DISTANCE OF 6.82 FEET; 5. S89°39'17"W A DISTANCE OF 202.56 FEET; 6. N45°01'43"W A DISTANCE OF 6.55 FEET; 7. N00°17'17"E A DISTANCE OF 1.28 FEET; 8. N89°42'43"W A DISTANCE OF 71.00 FEET; 9. S00°17'17"W A DISTANCE OF 1.93 FEET; 10. S44°58'17"W A DISTANCE OF 6.82 FEET; 11. S89°39'17"W A DISTANCE OF 202.56 FEET; 12. N45°01'43"W A DISTANCE OF 6.55 FEET; 13. N00°17'17"E A DISTANCE OF 1.17 FEET; 14. N89°42'43"W A DISTANCE OF 91.00 FEET; 15. S00°17'17"W A DISTANCE OF 2.04 FEET; 16. S44°58'17"W A DISTANCE OF 6.82 FEET; 17. S89°39'17"W A DISTANCE OF 202.56 FEET; 18. N45°01'43"W A DISTANCE OF 6.55 FEET; 19. N00°17'17"E A DISTANCE OF 1.28 FEET; 20. N89°42'43"W A DISTANCE OF 71.00 FEET; 21. S00°17'17"W A DISTANCE OF 1.90 FEET; 22. S44°54'01"W A DISTANCE OF 6.85 FEET; 23. N89°36'13"W A DISTANCE OF 202.42 FEET; 24. N44°29'40"W A DISTANCE OF 6.78 FEET; 25. N00°17'17"E A DISTANCE OF 1.83 FEET; 26. N89°42'43"W A DISTANCE OF 71.00 FEET; 27. S00°17'17"W A DISTANCE OF 1.18 FEET; 28. S45°30'20"W A DISTANCE OF 6.88 FEET; - 3 - 29. N89°16'36"W A DISTANCE OF 116.49 FEET, TO A POINT ON THE WEST LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8; THENCE ON SAID WEST LINE, N00°43'20"E A DISTANCE OF 562.71 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 816,849 SQUARE FEET OR 18.7523 ACRES. Parcel 2: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. BEGINNING AT THE CENTER QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ON THE WEST LINE OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, N00°43’20”E A DISTANCE OF 31.77 FEET, TO A POINT ON THE WESTERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON THE WESTERLY LINE OF SAID KECHTER FARM ANNEXATION THE FOLLOWING TWENTY-SIX (26) COURSES: 1. S87°51'05"E A DISTANCE OF 35.85 FEET; 2. S05°28'46"E A DISTANCE OF 46.86 FEET; 3. S21°33'42"E A DISTANCE OF 62.75 FEET; 4. S25°03'19"E A DISTANCE OF 18.00 FEET; 5. S25°28'04"E A DISTANCE OF 70.00 FEET; 6. S34°03'21"E A DISTANCE OF 89.70 FEET; 7. S46°06'36"E A DISTANCE OF 85.22 FEET; 8. S58°02'45"E A DISTANCE OF 87.99 FEET; 9. S64°06'35"E A DISTANCE OF 308.81 FEET; 10. S66°54'29"E A DISTANCE OF 73.04 FEET; 11. S78°09'57"E A DISTANCE OF 71.60 FEET; 12. S89°49'26"E A DISTANCE OF 70.59 FEET; 13. N74°53'28"E A DISTANCE OF 96.45 FEET; - 4 - 14. N61°28'24"E A DISTANCE OF 69.69 FEET; 15. N53°22'15"E A DISTANCE OF 69.69 FEET; 16. N39°52'00"E A DISTANCE OF 69.86 FEET; 17. S55°48'39"E A DISTANCE OF 131.53 FEET; 18. S32°35’48”W A DISTANCE OF 10.98 FEET; 19. S56°41'38"E A DISTANCE OF 171.79 FEET; 20. S54°49'16"E A DISTANCE OF 61.63 FEET, TO A POINT OF NON-TANGENT CURVE; 21. ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT WHOSE CHORD BEARS S61°39’57”W A CHORD DISTANCE OF 1219.35 FEET, HAVING A RADIUS OF 1367.00 FEET, A CENTRAL ANGLE OF 52°58'26" AND AN ARC LENGTH OF 1263.88 FEET, TO A POINT OF NON- TANGENT; 22. N45°58'29"W A DISTANCE OF 24.47 FEET; 23. S89°41'18"W A DISTANCE OF 45.49 FEET; 24. S00°18'42"E A DISTANCE OF 7.34 FEET; 25. S45°12'33"W A DISTANCE OF 14.01 FEET; 26. N89°16'11"W A DISTANCE OF 193.74 FEET, TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 8; THENCE ON SAID WEST LINE N00°43'49"E A DISTANCE OF 1148.62 FEET; CONTAINING A CALCULATED AREA OF 815,667 SQUARE FEET OR 18.7251 ACRES. Parcel 3: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF TRACT S, KECHTER FARM PLANNED LAND DIVISION FILING 1. BEING ASSUMED TO BEAR S89°39’17”E A DISTANCE OF 1445.97 FEET. COMMENCING AT THE CENTER ONE-QUARTER CORNER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; THENCE ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 8, S00°43'49"W A DISTANCE OF 1214.62 FEET, TO A POINT ON THE SOUTHERLY LINE OF THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ON SAID SOUTHERLY LINE, S89°16'27"E A DISTANCE OF 51.92 FEET, TO THE POINT OF BEGINNING; - 5 - THENCE CONTINUING ON SAID SOUTHERLY LINE THE FOLLOWING TWENTY-SEVEN (27) COURSES: 1. S89°16'05"E A DISTANCE OF 143.03 FEET; 2. S44°47'27"E A DISTANCE OF 14.27 FEET; 3. S00°18'42"E A DISTANCE OF 6.76 FEET; 4. N89°41'18"E A DISTANCE OF 53.00 FEET; 5. N00°18'42"W A DISTANCE OF 6.76 FEET; 6. N44°03'21"E A DISTANCE OF 14.30 FEET, TO A POINT OF NON-TANGENT CURVE; 7. ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT WHOSE CHORD BEARS N72°44’15”E A CHORD DISTANCE OF 765.23 FEET, HAVING A RADIUS OF 1433.00 FEET, A CENTRAL ANGLE OF 30°58'19" AND AN ARC LENGTH OF 774.63 FEET, TO A POINT OF NON-TANGENT; 8. S32°44'55"E A DISTANCE OF 62.13 FEET; 9. S45°09'46"E A DISTANCE OF 111.92 FEET; 10. S51°29'52"E A DISTANCE OF 109.07 FEET; 11. S58°02'05"E A DISTANCE OF 109.07 FEET; 12. S63°13'21"E A DISTANCE OF 87.09 FEET; 13. S25°04'54"W A DISTANCE OF 63.27 FEET; 14. S03°57'47"E A DISTANCE OF 169.59 FEET; 15. S56°34'16"E A DISTANCE OF 182.04 FEET; 16. N74°00'16"E A DISTANCE OF 182.79 FEET; 17. N19°34'55"E A DISTANCE OF 144.16 FEET; 18. N07°14'48"W A DISTANCE OF 63.27 FEET; 19. N88°26'56"E A DISTANCE OF 109.07 FEET; 20. N81°54'52"E A DISTANCE OF 109.00 FEET; 21. N78°22'07"E A DISTANCE OF 100.00 FEET; 22. N82°34'51"E A DISTANCE OF 89.76 FEET; 23. S83°58'56"E A DISTANCE OF 97.74 FEET; 24. S80°44'59"E A DISTANCE OF 204.79 FEET; - 6 - 25. S78°34'39"E A DISTANCE OF 53.00 FEET; 26. N11°25'21"E A DISTANCE OF 45.30 FEET; 27. S78°34'39"E A DISTANCE OF 150.00 FEET, TO A POINT ON THE SOUTHERLY LINE OF TRACT U, KECHTER FARM PLANNED LAND DIVISION FILING 1; THENCE ON THE SOUTHERLY LINE OF TRACT U, THE FOLLOWING TWENTY-SIX (26) COURSES: 1. S11°25'21"W A DISTANCE OF 260.00 FEET; 2. S16°22'16"W A DISTANCE OF 144.25 FEET; 3. S28°48'27"W A DISTANCE OF 146.19 FEET; 4. S41°24'00"W A DISTANCE OF 146.19 FEET; 5. S52°49'36"W A DISTANCE OF 146.55 FEET; 6. S62°04'00"W A DISTANCE OF 41.54 FEET; 7. S70°08'26"W A DISTANCE OF 146.85 FEET; 8. S82°43'59"W A DISTANCE OF 146.85 FEET; 9. N84°40'28"W A DISTANCE OF 146.85 FEET; 10. N70°56'15"W A DISTANCE OF 145.94 FEET; 11. N65°14'00"W A DISTANCE OF 130.02 FEET; 12. N65°12'57"W A DISTANCE OF 30.00 FEET; 13. N67°45'31"W A DISTANCE OF 121.29 FEET; 14. N80°12'34"W A DISTANCE OF 119.67 FEET; 15. S86°55'18"W A DISTANCE OF 119.34 FEET; 16. S83°23'03"W A DISTANCE OF 260.00 FEET; 17. S83°50'49"W A DISTANCE OF 170.59 FEET; 18. N83°50'28"W A DISTANCE OF 146.71 FEET; 19. N71°21'15"W A DISTANCE OF 146.71 FEET; 20. N58°52'02"W A DISTANCE OF 146.71 FEET; 21. N46°22'49"W A DISTANCE OF 146.71 FEET; - 7 - 22. N33°53'36"W A DISTANCE OF 146.71 FEET; 23. N20°14'22"W A DISTANCE OF 146.41 FEET; 24. N10°05'12"W A DISTANCE OF 146.41 FEET; 25. N00°33'31"W A DISTANCE OF 133.21 FEET; 26. N00°18'42"W A DISTANCE OF 28.41 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,790,220 SQUARE FEET OR 41.0978 ACRES Section 2. That the City Council hereby finds and determines that the annexation petition for the Kechter Farm Second 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 7th day of July, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted Resolution 2015-061 initiating annexation proceedings for the Kechter Farm Second Annexation said Annexation being more particularly described in Resolution 2015-061. That, on August 18, 2015, 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 and 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 7th day of July, A.D. 2015. _______________________________ City Clerk