HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2016 - ITEMS RELATING TO THE LODGEPOLE INVESTMENTS LLC ANAgenda Item 3
Item # 3 Page 1
AGENDA ITEM SUMMARY January 5, 2016
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Items Relating to the Lodgepole Investments LLC Annexation and Zoning.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 163, 2015, Annexing Property Known as the Lodgepole Investments
LLC Annexation to the City of Fort Collins.
B. Second Reading of Ordinance No. 164, 2015, Amending the Zoning Map of the City of Fort Collins and
Classifying for Zoning Purposes the Property Included in the Lodgepole Investments LLC Annexation to
the City of Fort Collins.
These Ordinances, unanimously adopted on First Reading on December 15, 2015, annex and zone 39.7 acres
platted and approved in Larimer County as Fossil Creek Farm M.L.D., Tracts A and B. There are two tracts of
land included in this annexation, located southwest of the intersection of I-25 and State Highway 392. The
requested zoning for this annexation is G-C, General Commercial (10.0 acres) on Tracts A and (29.77 acres)
on Tract B. The property is located within the Fossil Creek Reservoir Area Plan boundary.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, December 15, 2015 (w/o attachments) (PDF)
2. Ordinance No. 163, 2015 (PDF)
3. Ordinance No. 164, 2015 (PDF)
Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY December 15, 2015
City Council
STAFF
Pete Wray, Senior City Planner
SUBJECT
Items Relating to the Lodgepole Investments LLC Annexation and Zoning
EXECUTIVE SUMMARY
A. Resolution 2015-109 Setting Forth Findings of Fact and Determinations Regarding the Lodgepole
Investments LLC Annexation.
B. Public Hearing and First Reading of Ordinance No. 163, 2015, Annexing Property Known as the
Lodgepole Investments LLC Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 164, 2015, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Lodgepole Investments LLC
Annexation to the City of Fort Collins.
The purpose of this item is to annex and zone 39.7 acres platted and approved in Larimer County as Fossil
Creek Farm M.L.D., Tracts A and B. The initiating resolution was adopted on November 3, 2015. There are
two tracts of land included in this annexation, located southwest of the intersection of I-25 and State Highway
392. The requested zoning for this annexation is G-C, General Commercial (10.0 acres) on Tracts A and
(29.77 acres) on Tract B. The property is located within the Fossil Creek Reservoir Area Plan boundary.
This annexation request is in conformance with Section 30, Article II of the Colorado State Constitution, 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 two Ordinances on First Reading.
BACKGROUND / DISCUSSION
The Lodgepole Investments LLC Annexation includes two parcels owned by Lodgepole Investments, LLC, and
right-of-way owned by the Colorado Department of Transportation (Attachment 1). The requested zoning for
this annexation is the G-C District for the Lodgepole Investments LLC properties (Tract A and B) and a portion
of CDOT right-of-way. This zoning is consistent with the City of Fort Collins Structure Plan and the Fossil
Creek Reservoir Area Plan, and the I-25/SH 392 Corridor Activity Center (CAC) overlay area.
The Larimer County Transfer of Density Units Program (TDU) requirements are not applicable for this
commercial property. In accordance with the May, 2013 Amended Intergovernmental Agreement, the City of
Fort Collins and the Town of Windsor will share the property tax increment and sales tax increment generated
by properties and businesses located within the boundaries of the Corridor Activity Center.
This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA).
According to policies and agreements contained in the Larimer County and City of Fort Collins
ATTACHMENT 1
Agenda Item 12
Item # 12 Page 2
Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the
property is eligible for annexation according to State law. The Board of County Commissioners approved the
Special Review Application for this property on March 9, 2015, with a condition of approval that the applicants
petition the City of Fort Collins for annexation by September 30, which initiated this annexation process.
Contiguity
The subject property gains the required one-sixth contiguity to existing City limits from common boundaries in
the following manner:
Fossil Creek 392 Annexation (Ordinance No.139, 2009)
The Fossil Creek 392 Annexation includes approximately 41% of its property boundary contiguous with the
existing City boundary, thus satisfying the requirement that no less than one-sixth of the perimeter boundary
(1190’) be contiguous. 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 surrounding zoning and land uses are as follows:
N: G-C; Vacant (South of 392)
S: A-P Airport; Vacant (County)
E: I-25
W: A-P Airport Eagle Ranch Estates (County)
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 zoning, G-C General Commercial Parcels A and B, is in conformance with the policies of
the City's Comprehensive Plan, Structure Plan Map and the Fossil Creek Reservoir Area Plan
(Attachment 2).
4. The request is in conformance with Section 2.9, Amendment to the Zoning Map (Attachment 3), of the
City of Fort Collins Land Use Code.
5. On November 3, 2015, the City Council approved a resolution 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 City Council public hearing would
be held regarding the readings of the Ordinances annexing and zoning the area.
6. The Annexation and Zoning of Lodgepole Investments LLC follows the approval by the County of the
Special Review Application for this property on March 9, 2015. As part of that approval, a condition was
included requiring the applicants petition the City of Fort Collins for annexation by September 30, which
initiated this annexation process.
7. The annexation of the subject property complies with Section 30, Article II of the Colorado State
Constitution, and all applicable sections of the Colorado Revised Statute 31-12-101 et seq.
Agenda Item 12
Item # 12 Page 3
CITY FINANCIAL IMPACTS
There are no direct financial impacts as a result of the proposed annexation and zoning.
BOARD / COMMISSION RECOMMENDATION
At its November 12, 2015 regular meeting, the Planning and Zoning Board voted (6-0, Carpenter absent) to
recommend approval of the annexation. Further, the Board recommended that the property be placed into the
G-C General Commercial District. This unanimous action was taken as part of the Board’s consent agenda;
therefore, there are no minutes.
PUBLIC OUTREACH
As with the County Special Review Application process, there was significant public outreach, including a
neighborhood meetings and public hearings before the Larimer County Planning Commission and Board of
County Commissioners.
ATTACHMENTS
1. Vicinity Map (PDF)
2. Structure Plan map (PDF)
3. Proposed Zoning (PDF)
4. Petition for Annexation (PDF)
ORDINANCE NO. 163, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING THE PROPERTY KNOWN AS THE
LODGEPPOLE INVESTMENTS, LLC, ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2015-093, finding substantial compliance and initiating
annexation proceedings for the Lodgepole Investments, LLC, Annexation, as defined therein and
described below, has heretofore been adopted by the City Council; 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
2015-109 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:
TRACTS A AND B, FOSSIL CREEK FARM M.L.D. NO. 00-S1539 AND A PORTION OF
THE CARPENTER ROAD RIGHT-OF-WAY PER THE PLAT OF FOSSIL CREEK FARM
M.L.D. NO. 00-S1539, ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Considering the North line of the Northwest Quarter of said Section 22 as bearing North
89°40'32" East and with all bearings contained herein relative thereto:
Beginning at the Northwest corner of said Section 22; thence along the West line of the
Northwest Quarter of said Section 22 South 00°28'50" West 56.17 feet, more or less, to a point on
a non-tangent curve concave to the North having a central angle of 00°35'38" and a radius of
5790.00 feet, the long chord of which bears South 87°50'44" East a distance of 60.02 feet; said
point being on the Southerly Line of that certain parcel of land as described in Deed recorded at
Reception No. 92049221, records of said County and a point on the Southerly line of FOSSIL
CREEK RESERVOIR OPEN SPACE ANNEXATION, City of Fort Collins, County of Larimer,
State of Colorado and the TRUE POINT OF BEGINNING; thence departing said West line of the
Northwest Quarter of said Section 22 and along said Southerly Line of that certain parcel of land
as described in Deed recorded at Reception No. 92049221 and along said Southerly line of
FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and Easterly along the arc of
said curve 60.02 feet; thence departing said curve and said Southerly Line of that certain parcel of
land as described in Deed recorded at Reception No. 92049221 and departing said Southerly line
of FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and along the Westerly and
Southerly lines of FOSSIL CREEK 392 ANNEXATION, City of Fort Collins, County of
Larimer, State of Colorado South 00°28'50" West 566.63 feet and again North 89°34'58" East
2279.35 feet, more or less, to the Southeast corner of said FOSSIL CREEK 392 ANNEXATION;
said Southeast corner also being o point on the Westerly right-of-way line for Interstate Highway
No. 25 and the Northeast corner of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539; thence
departing said Southerly line of said FOSSIL CREEK 392 ANNEXATION and along the
Westerly lines of said right-of-way line for Interstate Highway No. 25 and along the Easterly
lines of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539 South 18°25'02" East 193.89 feet
and again South 04°06'44" East 523.98 feet, more or less, to the Southeast corner of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539; thence departing said Westerly line of said right-of-way
line for Interstate Highway No. 25 and said Easterly line of said FOSSIL CREEK FARM M.L.D.
NO. 00-S1539 and along the Southerly line of said FOSSIL CREEK FARM M.L.D. NO. 00-
S1539 South 89°40'57" West 2444.06 feet, more or less, to the Southwest corner of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539; thence departing said Southerly line of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539 and along the Westerly line of said FOSSIL CREEK
FARM M.L.D. NO. 00-S1539 North 00°28'50" East 1272.45 feet, more or less, to a point on the
Southerly Line of that certain parcel of land as described in Deed recorded at Reception No.
92049221 and a point on said Southerly line of FOSSIL CREEK RESERVOIR OPEN SPACE
ANNEXATION; said point being the TRUE POINT OF BEGINNING,
containing 39.77 Acres, more or less, and being subject to all easements and/or rights-of-way
now existing or of record
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Lodgepole Investments, LLC, 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 15th day of
December, A.D. 2015, and to be presented for final passage on the 5th day of January, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
ORDINANCE NO. 164, 2015
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 LODGEPOLE INVESTMENTS, LLC, 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, the City Council has determined that the proposed zoning of the Lodgepole
Investments, LLC, Annexation property, as described below (the “Property”) is consistent with
the City’s Comprehensive Plan and/or is warranted by changed conditions within the
neighborhood surrounding and including the subject property; and
WHEREAS, to the extent applicable, the City Council has also analyzed the proposed
zoning against the considerations as established in Section 2.9(H)(3) of the Land Use Code; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
zoning of the Property described below and has determined that the 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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. 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 Lodgepole Investments, LLC, Annexation to the City of
Fort Collins, Colorado, in the General Commercial (“C-G”) Zone District, which property (the
“Property”) is more particularly described as:
TRACTS A AND B, FOSSIL CREEK FARM M.L.D. NO. 00-S1539 AND A PORTION OF
THE CARPENTER ROAD RIGHT-OF-WAY PER THE PLAT OF FOSSIL CREEK FARM
M.L.D. NO. 00-S1539, ALL SITUATE IN THE NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
Considering the North line of the Northwest Quarter of said Section 22 as bearing North
89°40'32" East and with all bearings contained herein relative thereto:
Beginning at the Northwest corner of said Section 22; thence along the West line of the
Northwest Quarter of said Section 22 South 00°28'50" West 56.17 feet, more or less, to a point on
a non-tangent curve concave to the North having a central angle of 00°35'38" and a radius of
5790.00 feet, the long chord of which bears South 87°50'44" East a distance of 60.02 feet; said
point being on the Southerly Line of that certain parcel of land as described in Deed recorded at
Reception No. 92049221, records of said County and a point on the Southerly line of FOSSIL
CREEK RESERVOIR OPEN SPACE ANNEXATION, City of Fort Collins, County of Larimer,
State of Colorado and the TRUE POINT OF BEGINNING; thence departing said West line of the
Northwest Quarter of said Section 22 and along said Southerly Line of that certain parcel of land
as described in Deed recorded at Reception No. 92049221 and along said Southerly line of
FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and Easterly along the arc of
said curve 60.02 feet; thence departing said curve and said Southerly Line of that certain parcel of
land as described in Deed recorded at Reception No. 92049221 and departing said Southerly line
of FOSSIL CREEK RESERVOIR OPEN SPACE ANNEXATION and along the Westerly and
Southerly lines of FOSSIL CREEK 392 ANNEXATION, City of Fort Collins, County of
Larimer, State of Colorado South 00°28'50" West 566.63 feet and again North 89°34'58" East
2279.35 feet, more or less, to the Southeast corner of said FOSSIL CREEK 392 ANNEXATION;
said Southeast corner also being o point on the Westerly right-of-way line for Interstate Highway
No. 25 and the Northeast corner of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539; thence
departing said Southerly line of said FOSSIL CREEK 392 ANNEXATION and along the
Westerly lines of said right-of-way line for Interstate Highway No. 25 and along the Easterly
lines of said FOSSIL CREEK FARM M.L.D. NO. 00-S1539 South 18°25'02" East 193.89 feet
and again South 04°06'44" East 523.98 feet, more or less, to the Southeast corner of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539; thence departing said Westerly line of said right-of-way
line for Interstate Highway No. 25 and said Easterly line of said FOSSIL CREEK FARM M.L.D.
NO. 00-S1539 and along the Southerly line of said FOSSIL CREEK FARM M.L.D. NO. 00-
S1539 South 89°40'57" West 2444.06 feet, more or less, to the Southwest corner of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539; thence departing said Southerly line of said FOSSIL
CREEK FARM M.L.D. NO. 00-S1539 and along the Westerly line of said FOSSIL CREEK
FARM M.L.D. NO. 00-S1539 North 00°28'50" East 1272.45 feet, more or less, to a point on the
Southerly Line of that certain parcel of land as described in Deed recorded at Reception No.
92049221 and a point on said Southerly line of FOSSIL CREEK RESERVOIR OPEN SPACE
ANNEXATION; said point being the TRUE POINT OF BEGINNING,
containing 39.77 Acres, more or less, and being subject to all easements and/or rights-of-way
Section 3. 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
Property is not included in the Residential Neighborhood Sign District.
Section 4. 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 15th day of
December, A.D. 2015, and to be presented for final passage on the 5th day of January, A.D.
2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of January, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk