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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/19/2016 - ITEMS RELATING TO THE MAJESTIC PLACE ANNEXATIONAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY July 19, 2016 City Council STAFF Seth Lorson, City Planner SUBJECT Items Relating to the Majestic Place Annexation. EXECUTIVE SUMMARY A. Resolution 2016-051 Setting Forth Findings of Fact and Determinations Regarding the Majestic Place Annexation. B. Public Hearing and First Reading of Ordinance No. 090, 2016, Annexing the Property Known as the Majestic Place Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The Initiating Resolution was adopted on June 7, 2016. The property is located within the Fossil Creek Reservoir Area Plan. A related item to zone the annexed property is presented as the next item on this Agenda. 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. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinance on First Reading. BACKGROUND / DISCUSSION Annexing this 19.93 acre parcel does not create an enclave. CITY FINANCIAL IMPACTS There are no direct financial impacts as a result of the proposed annexation. BOARD / COMMISSION RECOMMENDATION At its June 9, 2016, regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that parcel be placed into the U-E, Urban Estate zone district. (Attachment 5) PUBLIC OUTREACH All required mailings and postings per Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been completed. Agenda Item 7 Item # 7 Page 2 ATTACHMENTS 1. Vicinity map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Annexation petition (PDF) 5. Planning and Zoning Board minutes, June 9, 2016 (draft) (PDF) Loveland Fort Collins - Loveland Separator Carpenter UNION PACIFIC RAILROAD S LEMAY AVE STRAUSS CABIN RD ZIEGLER RD ZIEGLER RD S TIMBERLINE RD S COUNTY ROAD 9 CARPENTER RD S COUNTY ROAD 11 S COUNTY ROAD 7 E HARMONY RD E HARMONY RD S LEMAY AVE KECHTER RD E COUNTY ROAD 36 E COUNTY ROAD 30 S TIMBERLINE RD E COUNTY ROAD 32 E TRILBY RD S COUNTY ROAD 11 S COUNTY ROAD 9 E COUNTY ROAD 30 Vicinity Map Majestic Place Annexation and Zoning Legend City Limits Growth Management Area Boundary - Outline Annexation 00.0.4 81.6 Miles Majestic Place Annexation and Zoning Westchase Subdivision I ATTACHMENT 1 s - UNION PACIFIC RAILROAD E TRILBY RD ZIEGLER RD S TIMBERLINE RD CARPENTER RD E COUNTY ROAD 32 S COUNTY ROAD 11 KECHTER RD E COUNTY ROAD 36 S COUNTY ROAD 11 S COUNTY ROAD 9 S LEMAY AVE S TIMBERLINE RD Structure Plan Map Majestic Place Annexation and Zoning Legend Neighborhood Commercial District Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Community Separator Rural Lands Open Lands, Parks and Water Corridors Growth Management Area Annexation Majestic Place Annexation and Zoning - Urban Estate (U-E) I 1 inch = 1,200 feet ATTACHMENT 2 s - UNION PACIFIC RAILROAD E TRILBY RD ZIEGLER RD S TIMBERLINE RD CARPENTER RD E COUNTY ROAD 32 S COUNTY ROAD 11 KECHTER RD E COUNTY ROAD 36 S COUNTY ROAD 11 S COUNTY ROAD 9 S LEMAY AVE S TIMBERLINE RD RL LMN LMN MMN POL UE POL RL UE LMN POL UE T POL NC MMN POL UE UE UE LMN =RQLQJ0DS Majestic Place Annexation and Zoning Legend City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Transition (T) Urban Estate (UE) Growth Management Area Annexation Majestic Place Annexation and Zoning - Urban Estate (U-E) I 1 inch = 1,200 feet ATTACHMENT 3 ATTACHMENT 4 Planning and Zoning Board June 9, 2016 DRAFT Project: Majestic Place Annexation and Zoning Project Description: The purpose of this item is to annex and zone the Majestic Place property. The applicant, Suburban Land Reserve Inc. c/o Mr. Kenneth Merritt, has submitted a written petition requesting annexation of 19.93 acres located at 2150 Rock Castle Lane (southeast of Timberline Road and Trilby Road) which is presently vacant. The requested zoning for this annexation is Urban Estate, U-E. In accordance with the Intergovernmental Agreement for the Fort Collins Growth Management Area with Larimer County, the City of Fort Collins agrees to annex land that meets the minimum contiguity requirement, and based on a voluntary petition to annex for the purpose of redeveloping the subject parcel. Recommendation: Approval Staff and Applicant Presentations Planner Lorson provided an overview of the project, which is a 100% voluntary annexation into Fort Collins. He discussed the zoning and the association with existing municipal boundaries of Fort Collins. It is planned to be annexed on August 16th with City Council. Ken Merritt, with JR Engineering representing the applicant, Suburban Land Reserve, gave an overview of the project as well, illustrating the project with maps and showing the land boundaries and surrounding areas with respect to the City’s City and Structure Plan. Member Hobbs asked about the exclusion of property in the southwest corner, and Mr. Merrick explained the history of this property and the fact that the LDS Church would be retaining that southwest corner in perpetuity, which was a stipulation by the former owner upon the sale of the property. Planner Lorson stated that this annexation meets the LUC standards, is within the Growth Management Area, and is consistent with the City Structure Plan. There is also an agreement with the County regarding access to Rock Castle Lane. Vice Chair Hart asked about the resolution approval by Council, and Planner Lorson responded affirmatively. Public Input Linda Archer, 6439 Garrison Court, has a concern about the potential implications of this annexation, including City costs, tax implications, or other issues. She feels that there are too many building and zoning exceptions and variations currently being allowed. John Siegmund, 6860 Silver Mist Lane, is concerned because he is unsure whether Rock Castle Lane will remain private, so he is seeking assurance that it won’t become a public road or lead to the future annexation of his property. Staff Response and Board Questions Planner Lorson responded how areas are identified for annexation as a result of long-term planning and the inter-governmental agreement with the County. Rock Castle Lane will remain under private ownership and hasn’t been identified as a future connection. There was more ATTACHMENT 5 Planning and Zoning Board June 9, 2016 DRAFT discussion regarding access and signage to the subject parcel. Planner Lorson also confirmed that future owners of this area will be subject to the same fees and property taxes as surrounding areas. He also explained the City’s philosophy that development will “pay its own way”, including street oversizing fees, sidewalks, traffic improvements, street lights, and any other public infrastructure, which is provided by private development and then adopted by the COFC. He also confirmed that property to the south and east could also be annexed in the future. Board Deliberation Vice Chair Hart made a motion that the Planning and Zoning Board recommend approval to the City Council for the Majestic Place Annexation and requested zoning of U-E Urban Estate based on the findings of fact on page 3 of the staff report. Member Heinz seconded the motion. Vote: 7:0. -1- RESOLUTION 2016-051 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MAJESTIC PLACE ANNEXATION WHEREAS, per Resolution 2016-046, annexation proceedings were heretofore initiated by the City Council for property to be known as the Majestic Place Annexation (the “Property”); and WHEREAS, following notice given as required by law, the City Council held a hearing on said annexation on July 19, 2016. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the petition for annexation of the Property complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 3. 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 the Property is integrated with or is capable of being integrated with the City. Section 4. 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 5. 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 6. That the City Council concludes that the Property is eligible for annexation to the City and should be so annexed. -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 19th day of July, A.D. 2016. _________________________________ Mayor ATTEST: _____________________________ City Clerk -1- ORDINANCE NO. 090, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MAJESTIC PLACE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-046 finding substantial compliance and initiating annexation proceedings for the Majestic Place Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-051 setting forth findings of fact and determinations regarding the Majestic Place Annexation is being adopted concurrently with the first reading of this Ordinance; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the Property to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby incorporates the findings of Resolution 2016-046 and Resolution 2016-051 and further finds that it is in the best interests of the City to annex the Property to the City. Section 3. That the following described property (the “Property”), to wit: A tract of land situate in the County of Larimer, State of Colorado, to-wit: A parcel of land being all of lot 3, the amended plat of lots 1-4 of the Leistikow M.R.D. S-21-92 recorded under reception number 20110065177 in the records of the Larimer County Clerk and Recorder, being further described as follows: Basis of bearings: the south line of the northwest 1 / 4 of the northwest 1 / 4 of Section 17, Township 6 N orth, Range 68 west of the 6th Principal Meridian, assumed to bear S89° 54'32"W, a distance of 1,325.03 feet, as shown on said amended plat; Beginning at the Northeast corner of said Northwest 1 / 4 of the Northwest 1 / 4 of Section 17, said point being the northeasterly corner of said Lot 3; Thence on the easterly and southerly lines of said Northwest 1 / 4 of the Northwest 1 / 4 of Section 17 the following two (2) courses: 1) S00°00’44”E a distance of 1323.93 feet; -2- 2) S89°54’32”W a distance of 865.03 feet; Thence N00°09’18”E a distance of 275.00 feet; Thence S89°54’32”W a distance of 52.21 feet to the easterly line of the Leistikow Annexation to the City of Fort Collins; Thence on said easterly line the following five (5) courses 1) N07°22’24”W a distance of 175.33 feet; 2) on the arc of a non-tangent curve to the left whose center bears N06°56’31”W, having a radius of 528.00 feet, a central angle of 98°02’18” and an arc length of 903.46 feet; 3) N14°58’49”W a distance of 95.52 feet; 4) N75°01’11”E a distance of 126.44 feet; 5) N00°04’00”E a distance of 91.40 feet to the southerly line of the Westchase Annexation Number 2 to the City of Fort Collins; Thence on said southerly line, S89°56’00”E a distance of 394.92 feet to the point of beginning; Containing a calculated area of 868,230 square feet or 19.9318 acres is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Majestic Place 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 4. That, in annexing the 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 5. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 19th day of July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 16th day of August, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk