Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2015 - ITEMS RELATING TO THE LODGEPOLE INVESTMENTS LLC ANAgenda 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 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) ¦¨§25 ¦¨§25 Sw Frontage Rd Westgate Dr Se Frontage Rd Tamarisk Dr G o l d e n E a g le R d Coun t r y Farm s Dr B a y s i d e D r E a g l e Ran c h Rd L ouden X i n g Taylor L n Hatha w ay Ln Eagle Ln Peak V i e w Dr S Fossil Creek Reservoir ¦¨§25 SH 3 Wind © Lodgepole Investments LLC Structure Plan/Fossil Creek Reservoir Area Plan Map Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) 1 inch = 0.3 miles Annexation - Area Site - Lodgepole Investments LLC Annexation SH 392 ATTACHMENT 2 State Highway 392 Interstate 25 Interstate 25 L o u d en C ir Medi c ine Bow C ir M u m m y R a nge Dr C o u n t r y F a rm s D r Aerie Ln G o l de n E ag le R d Lou d en Circ l e Ct Ea g le Spir ATTACHMENT 4 RESOLUTION 2015-109 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE LODGEPOLE INVESTMENTS, LLC, ANNEXATION WHEREAS, per Resolution 2015-093, annexation proceedings were heretofore initiated by the City Council for property to be known as the Lodgepole Investments, LLC, 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 Section 30 of Article II of the Colorado State Constitution and the applicable parts of the Municipal Annexation Act, including but not limited to Sections 31-12-104 and 31-12-105, 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. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of December, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk 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 i t Ct Juli a n Ct O t i s Ct Tayl or C t Fl a ttop C t Hallett Ct Eagle Ln W es t g a t e Dr R o y a l V i s ta Cir B a ld E a g l e Ln E ag l e R a nch R d S e Frontage R d E agl e R a nch Rd Thre e E a gles Dr S w Fron t a g e R d ¦¨§25 ¦¨§25 Fossil Creek Reservoir CG POL Kindercare Learning Centers © Lodgepole Investments LLC Annexation Proposed Zoning 1 inch = 833 feet Site CG City Zoning General Commercial (CG) Public Open Lands (POL) ATTACHMENT 3 H a t ha w a y Ln Otis Ct Bald Eagle Ln Taylor Ct Interstate 25 S County Road 5 State Highway 392 Interstate 25 Legend I-25/392 Corridor Activity Center GMA City Limits - Area Water ± Lodgepole Investments LLC Annexation Vicinity Map Annexation Area Annexation Area Fossil Creek Reservoir 1 inch = 1,250 feet ATTACHMENT 1