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COUNCIL - AGENDA ITEM - 05/17/2016 - ITEMS RELATING TO THE MOUNTAIN'S EDGE ANNEXATION
Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 17, 2016 City Council STAFF Ted Shepard, Chief Planner SUBJECT Items Relating to the Mountain's Edge Annexation. EXECUTIVE SUMMARY A. Resolution 2016-041 Setting Forth Findings of Fact and Determinations Regarding the Mountain’s Edge Annexation. B. Public Hearing and First Reading of Ordinance No. 069, 2016, Annexing the Property Known as the Mountain’s Edge Annexation to the City of Fort Collins, Colorado. The purpose of this item is to annex 18.52 acres located at 2430 South Overland Trail at the northeast corner South Overland Trail and West Drake Road. The Initiating Resolution was adopted on April 5, 2016. A related item to zone the annexed property is presented as the next item on the 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 Ordinance on First Reading. BACKGROUND / DISCUSSION The subject property gains the required one-sixth (16.66%) contiguity to existing City limits from three sides. As a result, there is 84.30% of the total perimeter contiguous to the existing municipal boundary which exceeds the required minimum. Annexing this 18.52 acres parcel does not create (nor does it contribute to) an enclave. BOARD / COMMISSION RECOMMENDATION At its April 7, 2016 regular meeting, the Planning and Zoning Board voted 7-0 to recommend approval of the annexation. Further, the Board recommended that the parcel be placed into the L-M-N, Low Density Mixed- Use Neighborhood zone district and into the Residential Neighborhood Sign District. Minutes of this hearing are attached. Most of the comments raised at the hearing were related to the potential development aspects of a Project Development Plan. PUBLIC OUTREACH Given the location of the parcel within the City’s Growth Management Area, with 84.3% of the total perimeter boundary being contiguous to be existing municipal boundary and with the Intergovernmental Agreements in Agenda Item 12 Item # 12 Page 2 place with Larimer County, no neighborhood meeting was held for this annexation and zoning. 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 followed. A neighborhood meeting will be required prior to submittal of a Project Development Plan. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Planning Objectives (PDF) 5. Annexation Petition (PDF) 6. Plannnig & Zoning Board Minutes April 7, 2016 (PDF) Site Annexation - Mountain's & Zoning Edge W S t u a r t S t H a m p s h i r e R d W S t u a r t Y o r k s h i r e S t SHtuagdhiuems County Rd 42C S Taft Hill Rd W Elizabeth St W Prospect Rd W Drake Rd W Horsetooth Rd W County Ro a d 38E W H arm o ny Rd S Overland Trl Major Street Names Annexation City Limits Growth Management Area ± Mountains's Edge Vicinity Annexation Map & Zoning 1 inch = 2,000 feet ATTACHMENT 1 Site Annexation - Mountain's Edge W S t u a r t S t H a m p s h i r e R d W S t uart S t Y o r k s h i r e S t County Rd 42C W Elizabeth St S Taft Hill Rd W Prospect Rd W Horsetooth Rd W Drake Rd W Coun t y Road 38E W Harmo n y Rd S Overland Trl Mountain's Structure Edge Plan Annexation Boundaries Fort Collins GMA Potential GMA Expansion City Limits County Boundary Districts Neighborhood Commercial District Campus District Neighborhoods Urban Estate Site Annexation - Mountain's & Zoning Edge - L-M-N W S t u a r t S t H a m p s h i r e R d Y o r k s h i r e S t County Rd 42C W Horsetooth Rd W Drake Rd W Prospect Rd RF LMN MMN POL UE RL NC Growth Management Area City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Residential Foothills Low Density Residential Urban Estate (UE) ± Mountain's Zoning Edge Annexation 1 inch = 1,250 feet ATTACHMENT 3 Page 1 February 22, 2015 Mountains Edge Statement of Planning Objectives The Mountains Edge Annexation site is located at 2430 Overland Trail. The purpose of this submittal is to annex the property to the City of Fort Collins and establish initial zoning. The site currently is vacant land. Uses surrounding the property consist of the following: South: Existing single-family residential housing West: City of Fort Collins land (undeveloped) North: Commercial (Drive-in movie theater) East: Existing single-family residential housing The site is designated for LMN (Low Density Mixed Use) per the City of Fort Collins Structure Plan. (i) Statement of appropriate City Plan Principles and Policies achieved by the proposed plan: The Prospect Station II PDP meets the following applicable City Plan Principles and Policies: Environmental Health Principle ENV 1: Within the developed landscape of Fort Collins, natural habitat/ecosystems (wildlife, wetlands, and riparian areas) will be protected and enhanced. Policy ENV 1.1 – Protect and Enhance Natural Features The area around Dixon Creek will be protected to preserve biological resources. Any adjacent development will be integrated into the area to minimize impacts. Community and Neighborhood Livability Principle LIV 1: City development will be contained by well-defined boundaries that will be managed using various tools including utilization of a Growth Management Area, community coordination, and Intergovernmental Agreements. Policy LIV 1.1 – Utilize a Growth Management Area This parcel is located within the City’s grow management area and is adjacent to City property on three sides. ATTACHMENT 4 Page 2 Principle LIV 2: The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision, goals, and policies of City Plan. Policy LIV 2.1 – Follow Annexation Policies The Mountains Edge property meets the annexation requirements various annexation requirements. Principle LIV 6: A variety of housing types and densities for all income levels shall be available throughout the Growth Management Area. Policy LIV 6.1 – Types of Infill and Redevelopment in Residential Areas Policy LIV 6.2 – Seek Compatibility with Neighborhoods The Mountains Edge development provides an opportunity for redevelopment of an existing, undeveloped site and the design of the residential buildings will be compatible with the surrounding neighborhood. Principle LIV 7: A variety of housing types and densities for all income levels shall be available throughout the Growth Management Area. Policy LIV 7.1 – Encourage Variety in Housing Types and Locations Policy LIV 7.4 – Maximize Land for Residential Development While the residential product types for Mountains Edge have not yet been finalized, it is anticipated that multiple product types will be provided which will add variety to the housing types available in the area. Principle LIV 10: The city’s streetscapes will be designed with consideration to the visual character and the experience of users and adjacent properties. Together, the layout of the street network and the streets themselves will contribute to the character, form, and scale of the city. Policy LIV 10.2 – Incorporate Street Trees Mountains Edge will provide an attractive streetscape with street trees, and sidewalks. Principle LIV 23: Neighborhoods will feature a wide range of open lands, such as small parks, squares, greens, play fields, natural areas, orchards and community gardens, greenways, and other outdoor spaces to provide linkages and recreational opportunities both for neighborhoods and the community as a whole. Policy LIV 23.2 – Integrate Natural Features Mountains Edge will be designed to ensure that the Dixon Creek is protected. If possible, the creek area will be integrated into the overall design for the development. ATTACHMENT 4 Page 3 Principle LIV 44: Open Lands, Parks, and Water Corridors form an interconnected system that provides habitat essential to the conservation of plants, animals, and their associated ecosystems; serves the needs for drainage and water conveyance; and provides opportunities for recreational, educational, environmental, transportation, and other activities. Policy LIV 44.3 – Retain Water Corridors Policy LIV 44.4 – Utilize Buffers Dixon Creek which runs through the southern portion of the site will be maintained. Appropriate buffers will be applied to ensure the conservation of the natural system. The potential opportunity for providing trails along/around the Creek will be explored with future entitlement submittals. Transportation Principle T 8: Transportation that provides opportunities for residents to lead healthy and active lifestyles will be promoted. Policy T 8.1 – Support Active Transportation Policy T 8.2 – Design for Active Living Principle T11: Bicycling will be a safe, easy, and convenient mobility option for all ages and abilities Principle T 12: The pedestrian network will provide a safe, easy, and convenient mobility option for all ages and abilities. Within this development sidewalks will be provided for pedestrians and bicycles. Once site design is developed additional information will be provided as part of future entitlement packages but it is assumed that trails may be provided in portions of the site. This site is situated near Cottonwood Glen Park, Spring Canyon Community Park and Pineridge Natural Area which will provide additional opportunities to connect to existing pedestrian and bicycle systems. (ii) Description of proposed open space, wetlands, natural habitats and features, landscaping, circulation, transition areas, and associated buffering on site and in the general vicinity of the project. The Dixon Creek runs through the southern portion of the property. Buffering requirements will be determined at the time of PDP submittal. (iii) Statement of proposed ownership and maintenance of public and private open space areas; applicant's intentions with regard to future ownership of all or portions of the project development plan. The property within the annexation boundary is owned by the developer/owner. Any future changes in ownership and/or maintenance responsibilities will be provided with future entitlement packages. ATTACHMENT 4 Page 4 (iv) Estimate of number of employees for business, commercial, and industrial uses. n/a (v) Description of rationale behind the assumptions and choices made by the applicant. At this time the Mountains Edge Annexation project is not proposing any variance from the City of Fort Collins criteria. (vi) The applicant shall submit as evidence of successful completion of the applicable criteria, the completed documents pursuant to these regulations for each proposed use. The planning Director may require, or the applicant may choose to submit, evidence that is beyond what is required in that section. Any variance from the criteria shall be described. Acknowledged. (vii) Narrative description of how conflicts between land uses or disturbances to wetlands, natural habitats and features and or wildlife are being avoided to the maximum extent feasible or are mitigated. The Dixon Creek runs through the southern portion of the property. Buffering requirements will be determined at the time of PDP submittal. (viii) Written narrative addressing each concern/issue raised at the neighborhood meeting(s), if a meeting has been held. A neighborhood meeting has not yet been held. (ix) Name of the project as well as any previous name the project may have had during Conceptual Review. The project is called Mountains Edge. The project was referred to as The Herring Property at the CRT. ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 5 ATTACHMENT 5 ATTACHMENT 5 ATTACHMENT 5 ATTACHMENT 6 ATTACHMENT 6 -1- ORDINANCE NO. 069, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE MOUNTAIN’S EDGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2016-031, finding substantial compliance and initiating annexation proceedings for the Mountain’s Edge Annexation, as defined therein and described below, has heretofore been adopted by the City Council; and WHEREAS, Resolution 2016-041 setting forth findings of fact and determinations regarding the Mountain’s Edge 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 2016-031 and Resolution 2016-041 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 PORTION OF THE SW 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF SECTION 21 AND RUN THENCE EAST 655.51 FEET; THENCE NORTH 1393.18 FEET; THENCE WEST 651.78 FEET, MORE OR LESS, TO THE WEST LINE OF SECTION 21; THENCE SOUTH 1393 FEET, MORE OR LESS TO THE POINT OF BEGINNING; LESS THAT PORTION AS CONVEYED TO THE CITY OF FORT COLLINS JANUARY 25, 1967 IN BOOK 1353 AT PAGE 280, AND THAT PORTION CONVEYED TO LARIMER COUNTY FEBRUARY 21, 1968 IN BOOK 1380 AT PAGE 296 SAID PARCEL OF LAND CONTAINS 18.516 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 Mountain’s Edge 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. -2- 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 17th day of May, A.D. 2016, and to be presented for final passage on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2016. __________________________________ Mayor ATTEST: __________________________ City Clerk -1- RESOLUTION 2016-041 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MOUNTAIN’S EDGE ANNEXATION WHEREAS, per Resolution 2016-031, annexation proceedings were heretofore initiated by the City Council for property to be known as the Mountain’s Edge Annexation (the “Property”); 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 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 held this 17th day of May, A.D. 2016. _________________________________ Mayor ATTEST: ___________________________ City Clerk Low Density Mixed-Use Medium Density Mixed-Use Edges Foothills Corridors Open Lands, Parks and Water Corridors Enhanced Travel Corridor (Transit) © 1 in = 0.4 miles ATTACHMENT 2