Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/03/2015 - RESOLUTION 2015-093 FINDING SUBSTANTIAL COMPLIANCEAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY November 3, 2015 City Council STAFF Pete Wray, Senior City Planner SUBJECT Resolution 2015-093 Finding Substantial Compliance and Initiating Annexation Proceedings for the Lodgepole Investments, LLC, Annexation. EXECUTIVE SUMMARY The purpose of this item is to initiate annexation proceedings for the Lodgepole Investments LLC properties, located 670 feet southwest of the intersection of I-25 and State Highway 392, addressed as 7795 and 7801 SW Frontage Road, Fort Collins, CO. The applicant, Lodgepole Investments, LLC has submitted a written petition requesting annexation of two properties and right-of-way, totaling 39.7 acres. The requested zoning for this annexation is G-C, General Commercial. The property is located within the Fossil Creek Reservoir Area Plan and the I-25/SH 392 Corridor Activity Center (CAC) overlay area. The requested zoning district is in compliance with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. A specific project development plan proposal is not included with the annexation application. 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; not less than thirty days of prior notice is required by state law. 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. 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 (CDOT). The requested zoning for this annexation includes the G-C District for the Lodgepole Investments LLC properties (Tract A and B) and a portion of CDOT right of way, which are consistent with the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. The properties are bordered by the existing County subdivision, Eagle Ranch Estates on the west side, Interstate 25 to the east, vacant commercial properties and State Highway 392 to the north and vacant commercial and residential properties to the south. The property is currently zoned AP-Airport in Larimer County. Agenda Item 11 Item # 11 Page 2 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 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 signed resolution on April 14, 2015, with the approval conditioned on the applicant’s filing a petition for annexation to the City of Fort Collins by September 30. The petition that initiated this annexation process was filed on September 29, 2015. The Lodgepole Investments LLC Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Fossil Creek 392 Annexation (Ordinance No.139, 2010), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing city boundary. 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. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on November 12, 2015. The Board’s recommendation will be forwarded to City Council as part of the First Reading of the annexation and zoning ordinances on December 15, 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. ATTACHMENTS 1. Vicinity Map (PDF) 2. Proposed Zoning (PDF) 3. Structure Plan Map (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 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 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 3 - 1 - RESOLUTION 2015-093 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE LODGEPOLE INVESTMENTS, LLC, 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 Lodgepole Investments, LLC Annexation, as more particularly described below; and WHEREAS, the City Council desires to initiate annexation proceedings for the Lodgepole Investments, LLC 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 Lodgepole Investments, LLC Annexation, more particularly described as situate in the County of Larimer, State of Colorado, 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 PARTICULALY 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 - 2 - 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. Section 2. That the City Council hereby finds and determines that the annexation petition for the Lodgepole Investments, LLC Annexation and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto as Exhibit “A” 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 3rd day of November, 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 2015-093 initiating annexation proceedings for the Lodgepole Investments, LLC Annexation, said Annexation being more particularly described in Resolution 2015-093. That, on December 15, 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 General Commercial (“G-C”) 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 3rd day of November, A.D. 2015. _______________________________ City Clerk EXHIBIT A 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 2 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