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HomeMy WebLinkAboutKECHTER ANNEXATION NO. 1 - ANX120003 - CITY COUNCIL PACKET - RECOMMENDATION/REPORTEAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE ALONG SAID EAST LINE S00049'59"E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,664 SQUARE FEET (0.130 ACRES), MORE OR LESS Section 2. 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 above - described property is included in the Residential Neighborhood Sign District. Section 3. 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 21st day of August, A.D. 2012, and to be presented for final passage on the 4th'day of September, A.D. 2012. Mayor Pro Tern ATTEST: City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 083, 2012 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 KECHTER ANNEXATION NO. 1 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, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said 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 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 Kechter Annexation No. 1 to the City of Fort Callins, Colorado, in the Low Density Mixed Use Neighborhood ("L-M-N") Zone District, which property is more particularly described as: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89029'46"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00043'36"W, A DISTANCE OF 30.01 FEET; THENCE N79057'37"W, A DISTANCE OF 163.95 FEET; THENCE N75035'33"E, A DISTANCE OF 166.47 FEET TO A POINT ON 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 2. That, in annexing said 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 the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012. Mayor Pro Tem ATTEST: City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 082, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE KECHTER ANNEXATION NO. 1 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-053, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5 TO BEAR S89029'46"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET; THENCE N79057'37"W, A DISTANCE OF 163.95 FEET; THENCE N75035'33"E, A DISTANCE OF 166.47 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5; THENCE ALONG SAID EAST LINE S00049'59"E, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. CONTAINING 5,664 SQUARE FEET (0.130 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 Kechter Annexation No. 1, which annexation shall become effective upon completion of the RESOLUTION 2012-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE KECHTER ANNEXATION NO. 1 WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Kechter Annexation No. 1; 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 finds that the petition for annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 2. 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 said property is integrated with or is capable of being integrated with the City. Section 3. 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 4. 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 5. That the City Council concludes that the area proposed to be annexed in the Kechter Annexation No. 1 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 21 st day of August A.D. 2012. Mayor Pro Tern ATTEST: City Clerk Planning & Zoning Board July 19, 2012 Page 4 is an appropriate way to handle annexation. She doesn't think statutes had this level of creativity in mind. She thinks the City should be really transparent on how they do some of these things. Chair Smith asked Deputy City Attorney Daggett to comment. She said the concept of the entire street means from curb to curb rather than end to end in the language that was read. She also wanted to mention that although she hasn't been actively involved in the discussion about the legal basis for the annexation petition that was filed, it is her understanding that there's been fairly extensive discussion of that. She said City Council will be making formal findings in connection with compliance in the action that Council takes so if, in fact, the. Board does not feel comfortable making a recommendation specifically on the issue of eligibility, you might consider making recommendations on other aspects of the proposal. Input None Member Campana made a motion to recommend to City Council to approve the Kechter Annexation and Zoning No 1, #ANX110003; No.2, #ANX110004; and No. 3, ANX110005. Member Kirkpatrick seconded the motion. The motion passed 5:1 with Schmidt dissenting. �gp o'ect: Regency Lakeview Addition of Pe mitt d Use for Multi -Family Dwelli at Christ Center Community Church .. d�Pr ject Development Plan, # PDP120013 Project Descri n: This is a request This is a rmues a.o a' d Multi -Family Dw gs, as specifically described on the Reeg6nby�, ak view Project Develo nt Plan, as a permitted in the Low Density Resden` ' ial (R-L) zone d' ct and Project Development Plan the 11 acre$�locate, on the east si the Christ Center Community Church. a projecibi ould%`"consist of dwelling units divided among eight buildings pl clubhouse. There uld be a mix of one, two and three -bedroom units. There wo be 292 pa ' g spaces divided among attached garages, detached garages a u parking, and 283 bike spaces. Amenities would include a clubhouse, d walkways. The existing water detention d at the south end of the parcel would be enlarged,Vd improved as a two -acre p t park. There would be no new access drives m either Lemay Avenue or Drake Rbq. As required, the request for an Ad ' on of Permitted Use is being submitted inc nction with the Regency eview Project Development Plana The site is gen I located at the southeast corner of Lemay Avenue and Drake Road and is present component of the 25- acre Christ Center Community Church campus. RecomrVfidation: Approval Planning & Zoning Board July 19, 2012 Page 3 creates an opportunity to intersperse affordable housing throughout the city. Holland provided a context of the area and the Fossil Creek Area Framework Plan: • variety of lot sizes • city and county subdivisions • existing county residences He said staff recommends approval of the annexation and requested zoning of L-M-N, Low Density Mixed -Use Neighborhood. Further, staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. Public Input None Board Discussion Member Schmidt asked if the whole area (developments under county review) is also in the receiving area or is it just this one particular parcel. Holland. said Kechter Crossing is also in the receiving area. Schmidt asked if the county is developing at a higher density than Urban Estate. Holland said on a plan that he's seen, there are 75 lots with a density of 3 units per acre and the average square footage of the lots was 9,521 square feet. Member Schmidt asked if East County Road 36 is still byes `a�%e a county road. Holland said it is -not a city owned road. Schmidt said this is a very creative anne a ion'`Athib very.first triangle (annexation) is a road. If we don't own the road, how can annex a parc�el�do t own to get the 1/6 contiguity for the next parcels. Holland said essentially there are two requirements for annexations. You must have the pis • 44 . ra. 116 contiguity and you must have 50% or more ofowne _hl;'mterest of the area to be annexed however, the ownership requirement excludes publiGfioa' ways or alleys. He said the City of Fort Collins represents more than 50% of the owner�.'� intef , t e c7 clusive of the public roads, streets, and alleyways as defined in state statute. _ Member Schmidt said she presumes the first annexation is solely roadway. Holland said correct. If the county owns the road, are they requesting we annex that piece? She doesn't understand how you have the starting 1/6 contiguity when it's not anyone's property —it's solely a piece of the road. Holland referred to Schmidt's use of the word creative. He said if it's creative, than it is used more often than not. He said when you consider the complex nature of how cities are organized, state statutes gives a lot of leeway in their very specific case law that permit a city to annex property. If they didn't have that ability, it would be very difficult for these sorts of things to get done. Holland provided information on annexation case law including: • The shape and size of the parcel ultimately annexed, whether in a flagpole annexation or otherwise, is not relevant to its eligibility for annexation. Board of County Commissioners v. City and County of Denver and Board of County Commissioners of County of Arapahoe v. City of Greenwood Village. • If annexing a portion of a street or alley, must annex the entire street or alley. C.R.S. 31-12- 105(1) (f). Member Schmidt asked why then weren't we annexing the whole street ... it seems arbitrary where it's stopped. She said she just wants to make the point that she's gone along when it's a private party (even when they want to divide their parcel(s) in a creative manner). She said we don't usually start with just a road. She said if the City has a •very good reason why this has to be annexed at this particular point in time in this creative fashion that may be one thing; but she hasn't seen it come forth. She doesn't want to take up the Board's/everyone's time but she won't be able to support it because she doesn't think this ATTACHMENT 6 Planning and Zoning Board July 19, 2012 minutes - DRAFT ird members who wanted to pull items from the ., 3, Kechter Annexation and Zoning No 1, ANX110003; No.2, #ANX110004; and No. 3, ANX110005 be pulled from the Consent Agesyla!� Consent 1. Minutes from a 21, 2012 Planning and Zoning Board g. 2. Forney Annexation an Zoning, #ANX120002 Member Schmidt made a motion to appro, consent agenda consisting of the minutes from the June 21, 2012 hearing, and the ey Ann ion and Initial Zoning. Member Campana seconded the motion. The mot! as approved 6:0. Discussion Agend 3. Kechte vexation and Zoning No 1, #ANX110003; No.2, #ANX11000 ; No. 3, ANX110005 4. ncy Lakeview Addition of Permitted Use for Multi -Family Dwellings at Chris ter Community Church and Project Development Plan, # PDP120013 Project: Kechter Annexation and Zoning No 1, #ANX110003; No.2, #ANX110004; and No. 3, ANX110005 Project Description: As the Owner and Applicant, the�City oTFort Collins has submitted a written petition requesting the annexatonof, three sequential annexations, known collectively as the Kechter Annexation. The Kechter Annexation is located approximately 900 feet east of` !intersection of South Timberline Road and Kechter Road. e ue ted zoning for this annexation -is the Low Density Mixed -Use Nei gftiorhoodDls'iict (L-M-N), which is in compliance.with the City of Fort Collins Structure P/artand the Fossil Creek Reservoir Area Plan. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence An email from Erin Richmond in opposition was received and distributed to the Board in their Read before Packet. City Planner Jason Holland said this is a 100% voluntary annexation for a property located within the Growth Management Area. The project satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. The L-M-N zoning is consistent with the City's Structure Plan Map. The City has submitted a written petition requesting the annexation of three sequential annexation areas, known collectively as Kechter Annexation. The series of annexation areas are: Kechter Annexation No. 1: 0.130 acres Kechter Annexation No. 2: 0.505 acres Kechter Annexation No. 3: 18.644 acres Total for Kechter Annexations 1, 2 and 3: 19.279 acres Holland said no development is proposed and the proposal does not create an enclave. He said the majority of the area being annexed is at 2313 Kechter Road; one of five sites in the City of Fort Collins Land Bank program. This is a City -owned property purchased in 2006 as a part of the Land Bank Program. He said the purpose of the Land Bank Program is a long term affordable housing tool. It also Fossil Creek Reservoir Area ATTACHMENT s e�«ins Land Use Framework Plan N 6i CityLimits Master Street Plan Future Land Use w E Cayd -Growth Management Area — Collector 2 Lanes — Commercldl Cm,WOr District Cd�in$ � Lovalentl GMA Moral Lanes Commercial al District — NeightEmployment oa � Arterial q Lanes e� Employmnt District Fosall Creek Project Area I MajorArteriel 5 Lanes Urban Estate S Miles Resource Management Area Interstate Low DensityML<ed-Uhb se Nei omoods 0 0.25 0.5 0.75 _ Collector 2 Lanes - Outside GMA Mediwb Mixed -Use Nain0 Density phbodtootls O Unified Development Plan Needed —. Arterial Lanes -Outside GMA Rural Lands emsresrmue. Parcels Anne Lanes -Outside GMA Community Separator '„°�'r•��^ � 'o'; Natural Areas c r Major Arterial a LarwOutsides - Outside GMA � Uni ts. nds. Parks and stream Corridors ^ C Atllacam Planning Areas _ eo Water ®Potentlal Grade Sep Rail Crossing Adopted: March 28, 1998 Proposed Trail O Potential Interchange -�.—--•------•--•— — EabtingTrail Amended: September 19, 2006 Printed: May 17, 2011 TTACHMENT 4 ,gE°wins Kechter Annexations 1, 2 and �' P�«F,� Structure Plan Fo.ndarl" DIStftM Fort Latins OW 4p �M .p Ds PdentialGMA Exparrsian 4p Commwnny Cbmmerdal Wbld ONer C9'/GIM � Garraral GamrNegy psbitl Planrvrq Area NeylrEemootl Cemmerdal G OHb � Adp MPlam P m rya L.rTa Rsoid Off LXy limb 4 Emp*.M W Wd M.p d Neiahbwho . Edges Corridors Urban Eable 47; Commamry S.,a ,r 4 Open l�, Parts en0 Water Comtlprs low pensiry MneE-Use Faolhills P.Wre RNerC MOr Wftu Ne ...We Rwal L.& Enhanw Trrvel COr Of(TranX) ® Annexation -Area 1 inch = 0.3 miles No Text No Text No Text August 21, 2012 -3- ITEM 22 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19, 2012 and voted 5-1 to recommend approval of the annexation. The Board voted 5-1 to recommend that the property be placed in the Low Density Mixed -Use Neighborhood Zone District. The minutes from the July 19, 2012 Planning and Zoning Board Hearing are attached (Attachment 6). PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map —Annexation 1, 2 and 3 2. Area Context Map 3. Zoning Map 4. Structure Plan Map 5. Fossil Creek Reservoir Area Land Use Map 6. Planning and Zoning Board minutes, July 19, 2012 August 21, 2012 -2- ITEM 22 E: County FA-1 Homestead residential community W: County FA-1 Kechter Crossing — planned community The requested zoning for this annexation is the Low Density Mixed -Use Neighborhood District (L-M-N). The Land Use Code describes this zone district as follows: Purpose. The Low Density Mixed -Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices, that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. 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 requested placement into the Low Density Mixed -Use Neighborhood District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Amended Intergovernmental Agreement — Growth Management Area. 4. 'On July 17, 2012, the City Council adopted Resolution 2012-053 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 public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 5. The requested L-M-N, Low Density Mixed -Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code. FINANCIAL / ECONOMIC IMPACTS No direct financial impacts result from the proposed Kechter Annexation and zoning. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. DATE: August 21, 2012 AGENDA ITEM SUMMARY -- STAFF: Jason Holland, FORT Items Relating to the Kechter No. 1 Annexation and Zoning. A. Resolution 2012-070 Setting Forth Findings of Fact and Determinations Regarding the Kechter Annexation No. 1. Hearing and First Reading of Ordinance No. 082, 2012, Annexing Property Known as the Kechter Annexation No. 1. C. Hearing and First Reading of Ordinance No. 083, 2012, Amending and Classifying for Zoning Purposes the Property Included in the Kechter Annexation No. 1. EXECUTIVE SUMMARY As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three sequential annexation tracts. Kechter Annexation No. 1 is the first Ordinance of this series of sequential annexations, which are as follows: Kechter Annexation No. 1- 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter Annexation No. 3 - 18.644 acres; Kechter Annexation total area: 19.279 acres. The majority of the land within the Kechter Annexation series includes 2313 Kechter Road, which is owned by the City of Fort Collins as part of the Land Bank program. 2313 Kechter Road contains one single-family residence and is in the FA-1 — Farming Zoning District in Larimer County. The Kechter Annexation does not create an enclave: There are no immediate plans to develop this annexation area. Kechter Annexation No. 1 is 0.31 acres and is located approximately 945 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning for this annexation is the Low Density Mixed -Use Neighborhood District (L-M-N). The surrounding properties are existing residential land uses currently zoned FA-1 — Farming Zoning District in Larimer County to the north, south, east and west. 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. BACKGROUND / DISCUSSION 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. Annexation No.1 gains the required 1/6 contiguity to existing city limits from a common boundary with the southwest corner of the Sage Creek Subdivision to the east (Annexation HH-36, December, 1998). Annexation No.1 has 17.5% of its perimeter boundary contiguous with existing City limits from this common boundary, thus satisfying the requirement that no less than one -sixth (16.66%) of the perimeter boundary be'contiguous to the existing City boundary. The surrounding land uses are as follows: Zoning: Land Uses: N: County FA-1 Blehm residential subdivision S: County FA-1 Existing single family residence E: County FA-1 Existing single family residence