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HomeMy WebLinkAboutLEISTIKOW ANNEXATION & ZONING - ANX110003 - REPORTS - RECOMMENDATION/REPORT (11)Fort Collins disconnection from the City of Fort Collins so that Larimer County would have the opportunity to implement its Transfer of Density Units Program. Staff recommends that this condition be placed on the Leistikow Annexation for a period of ten years and this timeframe has been agreed to by Larimer County. "How would the construction of a Place of Worship impact the T.D.U. Program?" As mentioned, Places of Worship are permitted under both County FA-1 and City Urban Estate zoning. Non-residential land uses are exempt from the County's T.D.U. Program. Other non-residential uses that have developed in the designated T.D.U. area include three public schools, a fire station, a Place of Worship, and an Affordable Housing Land Bank parcel. In addition, the Kechter Farm, in the County, is currently undergoing subdivision review. The parcel contains approximately 290 acres which is more than adequate to ensure a successful result for the T.D.U. Program. City staff has verified with the Larimer County Planning Department that 18 acres of non-residential development would not have a significant impact on the T.D.U. Program. Staff concludes that the overall effectiveness of the County's T.D.U. Program is not jeopardized. 3 0ty of Fort Collins Current Planning Department. The request is routed to various departments for comments including Light and Power for electrical conversion and Sales Tax in case there is a business. Larimer County is notified. If the parcel is over 10 acres, then an Annexation Impact Report must be forwarded to Larimer County. The City Clerk's Office is notified of the pending hearing dates so they can publish notice as required by state statute. An Initiating Resolution establishing dates for the Council hearings must be approved by City Council. A Planning and Zoning Board hearing is required so that a recommendation on both the annexation and zoning can be forwarded to City Council. The recommendation includes whether or not the parcel is within or outside the Residential Neighborhood Sign District. First Reading by City Council must be at least 30 days after the Initiating Resolution, After Second Reading, the Annexation Map is recorded with Larimer County. The effective date of the Annexation is ten days after Second Reading. "For the Leistikow Annexation and Zoning request, what is the implication of the annexation and/or zoning with respect to the Fossil Creek Reservoir Area Plan?" The Leistikow Annexation and Zoning complies with the Fossil Creek Reservoir Area Plan Land Use Framework Plan which designates the parcel to be placed within the Urban Estate zone district. "Please explain the implications of the TDU program if the property is annexed into the City and if it stays in the County?" Because the City requires density, as a practical matter, it is impossible for the City to implement the County's T.D.U. Program. That is why in the area that is east of Timberline Road and south of Kechter Road, for any residential development, the Agreement with Larimer County is that the County will process and review any request for a subdivision per the jointly adopted urban development standards. This allows the County to implement its TDU Program. Then after County approval, the City will then annex and zone the land. The project, therefore, will be approved by the County under its T.D.U. Program, but will be developed in the City, per urban standards, and building permits will be issued and fees collected by the City. In the case of the Leistikow Annexation, the parties have willingly disclosed the purpose is for a Place of Worship. The Larimer County Planning Department is aware that the annexation of land zoned residential within the Fossil Creek Area Reservoir Plan, and contemplated for a non-residential land use (Place of Worship), would conform to both existing County (FA-1) and proposed City (U-E) zoning. Larimer County supports the annexation and the proposed Place of Worship. But, Larimer County would be concerned if, after annexation, the subject parcel were to instead develop as a residential subdivision. If such were the case, then the County would be prevented from implementing their Transfer of Density Units (T.D.U.) Program, a key element'of the Fossil Creek Reservoir Area Plan, jointly adopted by both the City of Fort Collins and Larimer County. The applicants, therefore, are willing to accept a condition of annexation that should the property owner seek a residential development, then the owner shall request 2 City of ,,.F„�t Collins MEMORANDUM DATE: November 1, 2011 TO: Mayor and City Councilmembers FROM: Steve Dush, Director, C.D.N.S. Ted Shepard, Chief Planner THROUGH: Diane Jones, Deputy City Manager Karen Cumbo, Director, P.D.T. Planning, Development and Transportation Services Current Planning 281 N. College Ave. PO Box 580 Fort Collins, CO 80522 970.221.6750 970.224,6134 - fax fcgov.com RE: Council Agenda Item 20 — Resolution and Two Ordinances Regarding the Courtney Annexation and Zoning Council Agenda Item 21 — Resolution and Two Ordinances Regarding the Leistikow Annexation and Zoning "Are there any downsides for postponing the zoning action to November 15, 2011?pp No. This 3 week delay would only prevent a development application from being submitted. Through discussions with applicant for the Leistikow Annexation, where a development is anticipated, while an inconvenience, the delay is not detrimental. Explanation of Notification Error. The Land Use Code (LUC) outlines notification requirements for Zoning while the State Statutes outline notice for Annexations. There was not any error with the Annexation notification requirements. The notice error only applies to the Zoning. The LUC process for Zoning requires a mailed notice to neighbors, which was not performed. Staff discovered this Zoning notice error following the Planning and Zoning Board meeting held on October 20, 2011. Upon discovering this Zoning notice error, staff worked with the Clerk's office with the goal of developing a process that minimized impacts for the applicants. Through these discussions, staff developed a path that met the legal, procedural, and notice requirements. "Generally, what are the requirements for a parcel to be considered for annexation and what are the steps that an applicant must comply with to complete the process?" A parcel must be within the Growth Management Area and have no less than one -sixth contiguity with the municipal boundary. An Annexation Petition must be properly completed including the requested zoning and an Attorney's Certificate as to ownership. The application, application fee, Petition and Annexation Map must be delivered to the of said Westchase Annexation No. 2; thence along said South line South 89°56'00" East 273.04 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 2°27' 15" and a radius of 512.50 feet; thence Northeasterly along the arc of said curve 21.95 feet to the end of said curve; thence tangent from said curve North 87°36'45" East 95.36 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 2°27' 15" and a radius of 487.50 feet; thence Northeasterly along the are of said curve 20.88 feet to the end of said curve; thence tangent from said curve, South 89°56'00" East 207.42 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 1715'28" and a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet to the True Point of Beginning. The above described parcel contains 18.035 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 1 st day of November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2011. Mayor ATTEST: City Clerk ORDINANCE NO. 154, 2011 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 LEISTIKOW 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, 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 Leistikow Annexation to the City of Fort Collins, Colorado, in the Urban Estate ("U-E") Zone District, which property is more particularly described as: Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD and a portion of the existing right-of-way of Timberline Road situate in Sections 17 and 18, Township 6 North, Range 68 West of the 6' P.M. Latimer County, Colorado being more particularly described as follows: Beginning at the Northwest Corner of said Section 17, and considering the North line of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing South 89°56'00" East and with all bearings contained herein relative thereto; thence along said North line, South 89°56'00" East 785.96 feet to the True Point of Beginning, said point being a point on the South line of Westchase Annexation No. 2 to the City of Fort Collins according to the plat on file in the office of the Clerk and Recorder said County; thence along said South line, South 89°56'00" East 140.27 feet; thence departing said South line, South 00°04'00" West 91.40 feet; thence South 75*01'11" West 126.44 feet; thence South 14'58'49" East 95.52 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 98'02'18" and a radius of 528.00 feet; thence Southwesterly along the are of said curve 903.46 feet; thence departing said curve, South 07'22'24" East 175.33 feet; thence South 89°54'32" West 467.79 feet to a point on the West right-of-way line of said Timberline Road; thence along said West right-of-way line the following courses and distances, North 00°09'18" East 55.71 feet; thence South 89°54'44" East 10.00 feet; thence North 00*09' 18" East 959.03 feet to a point on the South line Passed and adopted on final reading on the 15th day of November, A.D. 2011. ATTEST: City Clerk Mayor -3- of a tangent curve concave to the Northwest having a central angle of 17' 15'28" and a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet to the True Point of Beginning. The above described parcel contains 18.035 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 Leistikow Annexation, which annexation shall become effective in accordance with the provisions 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. Section 4. That this annexation into the City of Fort Collins is conditioned upon the subject property developing as a non-residential land use. If the property is to be developed as a residential use, then the owner, successors or assigns shall request disconnection of the subject property from the City of Fort Collins so that Larimer County would have subdivision and zoning jurisdiction and allow for the implementation of the Transfer of Density Units Program. This condition shall be in effect for a period of ten (10) years following the effective date of this ordinance. Introduced, considered favorably on first reading, and ordered published this 1 st day of November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D. 2011. ATTEST: City Clerk Mayor -2- ORDINANCE NO. 153, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE LEISTIKOW ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2011-087, 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: Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD and a portion of the existing right-of-way of Timberline Road situate in Sections 17 and 18, Township 6 North, Range 68 West of the 6' P.M. Larimer County, Colorado being more particularly described as follows: Beginning at the Northwest Corner of said Section 17, and considering the North line of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing South 89"56'00" East and with all bearings contained herein relative thereto; thence along said North line, South 89°56'00" East 785.96 feet to the True Point of Beginning, said point being a point on the South line of Westchase Annexation No. 2 to the City of Fort Collins according to the plat on file in the office of the Clerk and Recorder said County; thence along said South line, South 89'56'00" East 140.27 feet; thence departing said South line, South 00004'00" West 91.40 feet; thence South 75'0I' 11" West 126.44 feet; thence South 14*58'49" East 95.52 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 98'02'18" and a radius of 528.00 feet; thence Southwesterly along the arc of said curve 903.46 feet; thence departing said curve, South 07°22'24" East 175.33 feet; thence South 89'54'32" West 467.79 feet to a point on the West right-of-way line of said Timberline Road; thence along said West right-of-way line the following courses and distances, North 00°09' 18" East 55.71 feet; thence South 89*54'44" East 10.00 feet; thence North 00'09' 18" East 959.03 feet to a point on the South line of said Westchase Annexation No. 2; thence along said South line South 89°56'00" East 273.04 feet to the beginning of a tangent curve concave to the Northwest having a central angle of 2'27' 15" and a radius of 512.50 feet; thence Northeasterly along the arc of said curve 21.95 feet to the end of said curve; thence tangent from said curve North 87°36'45" East 95.36 feet to the beginning of a tangent curve concave to the Southeast having a central angle of 2'27' 15" and a radius of 487.50 feet; thence Northeasterly along the are of said curve 20.88 feet to the end of said curve; thence tangent from said curve, South 89°56'00" East 207.42 feet to the beginning RESOLUTION 2011-098 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE LEISTIKOW ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Leistikow Annexation; 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 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 Leistikow Annexation 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 1 st day of November A.D. 2011. Mayor ATTEST: City Clerk City of Fort Collins Zoning Map Leistikow Annexation Legend = waterBodies ZONE City Zoning = NCM Limited Commercial j, Service Commercial ® Employment = Public Open Lands Low Density Mixed -Use Neighborhmd - 7 River Conservation I� Neighborhood Cmwmbon Buffer ffj Urban Estate Neghbodncd Conservation Law Density N A ►ems Leistikow Annexation Structure Plan s M cC Paul CawEwm� � G�mM ��rayvl SsaC OC Ory cJN � coal Cmwvl Ov�e r Lb.sGlYa � Me0'Oe�vCWMaIOr� �i �IavS � - t Caws W+e 4'lnaf 4 a�RT��t Nwnborhwas Ear C ory uen Err Gz..ap 5cra � �mLae. oanacWtGavma La .^.ari�l�,v'x Fafb � ibOcinv Crnb - Yslm�WtrLa R�Lae �5tr.m"Rrd:�('�as'1 r i inch = 0.3 miles ^uacnmem i !11l1111111� - �!l111l11!l11111 ■ ■�nnu■ ■nnn■ ■nnr� Leistikow Annexation Vicinity Map 1 inch = 600 feet ATTACHMENT LEISTIKOW ANNEXATION & ZONING August 23,.2011 Annexation Petition Supplemental Information ANNEXATION SITE AREA SUMMARY: The proposed Leistikow Annexation property is located on the South East corner of Trilby Road and Timberline Road in Larimer County, Colorado. The property to be annexed is approximately 18.03 acres in size and borders the City of Fort Collins current City Boundary which provides approximately 839.43 lineal feet of contiguity to the City of Fort Collins. The property is adjacent to Westchase PUD a City of Fort Collins low density residential development and the LDS Church property to the North, Zoned LMN; Larimer County Rural Residential property to the East and South, Zoned FA -I Farming in Larimer County; and Larimer County Urban Estate Residential property to the West, Zoned FA -I Farming in Larimer County. The property is located within the City of Fort Collins Growth Management Area (GMA) and is designated by the City of Fort Collins Structure Plan as an Urban Estate Neighborhood. The entire 18.03 acre annexation area lies within and at the northwest edge of the Fort Collins / Larimer County Fossil Creek Reservoir Area Plan study area, The property is currently within the South Fort Collins Sanitation District and Fort Collins/Loveland Water District service area, and if annexed the property would be served by these districts. Poudre Valley Rural Electric Association, Qwest and Comcast Communications currently provide service to the property as well. The property has an existing 10' private irrigation lateral ditch easement for a below ground irrigation pipeline running along the north property boundary from the east Right -of -Way of Timberline Road to the northeast corner of the annexation site area as well as a 15' private irrigation lateral ditch easement for an above ground irrigation ditch running south then east through the property from the north pipeline easement to a point of discharge along the east property boundary of the proposed annexation. When annexed the private irrigation ditch pipeline and above ground ditch shall remain as is until such time that the property is redeveloped in the City. At the time the property is redeveloped the irrigation pipeline and above ground irrigation ditch may be modified. If modifications to the pipeline and/or ditch occur it shall be done in such a way as to not disrupt, disturb or alter the required flow and delivery of water through the property and shall not negatively impact the down stream users of the irrigation pipeline and/or ditch. The property to be annexed is currently a legally conforming lot within Larimer County and was created as part of the Amended Leistikow MRD. The lot is known as Lot 2, of the Amended Leistikow MRD being 15.69 acres in size. Additionally the proposed annexation will annex 2.342 acres of existing County ROW for Timberline Road. This ROW annexation will run from the existing South ROW of Trilby Road to the south boundary of Lot 2, of the Amended Leistikow MRD and shall go from the far west side of the existing ROW to the far east side of the existing ROW for Timberline Road. The property has one existing residential structure with an attached garage which shall remain, occupied until such time that the property is redeveloped in the City, at which time the residence shall be removed form the annexed property. Vehicular access to the existing residence is provided via a gravel access drive from Timberline Road. The existing residence is currently served by the Fort Collins/Loveland Water District and by an Individual Sewage Disposal Septic System. Poudre Valley Rural Electric Association, Qwest and Comcast Communications currently serve the property as well. The remaining annexation site area that is not currently landscaped with the house is irrigated farm land and will remain as irrigated farm land -until the property is redeveloped in the City of Fort Collins. Leistikow Annexation & Zoning I Annexation Petition Supplanental Information Landmark bigineeringLtd. W312011 November 1, 2011 -4- ITEM 21 to the north property line with greater than 16.66% contiguity thus ensuring compliance with the City's adequate public facilities management system. ENVIRONMENTAL IMPACTS The site is not within 500 feet of a known natural habitat or feature. As with any development, any significant trees are to be preserved but if preservation is not feasible, then mitigation per Land Use Code Section 3.2.1(F) would be invoked. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. Staff recommends that this property be included in the Residential Neighborhood Sign District Staff also recommends that the Annexation Ordinance include the condition that should the property owner seek a residential development, then the owner shall request disconnection from the City of Fort Collins so that Larimer Countywould have the opportunity to implement its Transfer of Density Units Program and that this condition be placed on the Leistikow Annexation for a period of ten years. BOARD / COMMISSION RECOMMENDATION Through no fault of the applicant, notification to affected property owners was not properly mailed prior to the regular Planning and Zoning Board hearing of October 20, 2011. A special Planning and Zoning Board hearing has been scheduled for November 3, 2011. Following this hearing, the Planning and Zoning Board's recommendation will be forwarded to City Council prior to the Council's public hearing on Second Reading on November 15, 2011. Prior to City Council Second Reading, the recommendation of the Planning and Zoning Board will be forwarded addressing the issues of the annexation, the placing of the property into the U-E, Urban Estate zone district, inclusion into the residential neighborhood sign district and the condition of annexation whereby the owner would request disconnection in the case of residential development for a period of ten years. PUBLIC OUTREACH Public notice was provided for the Planning and Zoning Board hearing of November 3, 2011. The property was posted with a sign. A letter of notification was mailed to 650 property owners within a 1,000-foot radius 14 days prior to the hearing. A neighborhood meeting is not required for annexation of property but a development review outreach meeting to familiarize the attendees with the development review process was held on September 14, 2011. ATTACHMENTS 1. Annexation Petition Supplemental Information 2. Vicinity Map 3. Structure Plan Map. 4. Zoning Map November 1, 2011 -3- ITEM 21 Place of Worship. But, Larimer County would be concerned if, after annexation, the subject parcel were to instead develop as a residential subdivision. If such were the case, then the County would be prevented from implementing its Transfer of Density Units (TDU) Program, a key element of the Fossil Creek Reservoir Area Plan, jointly adopted by both the City of Fort Collins and Larimer County. Voluntary Condition of Annexation — Larimer County Transfer of Density Units The applicant and the LDS Church have offered to the City a voluntary condition of annexation in the event that the property should develop as a residential subdivision. The purpose of such a condition would be to ensure the implementation of the County's TDU Program. The recommended condition of annexation would obligate the developer of a residential subdivision to request disconnection from the City. Upon passage of a disconnection ordinance, the parcel would then revert to the County's jurisdiction thus enabling implementation of the TDU Program. Under this condition of annexation, the practical effect of the overall intent of the Fossil Creek Reservoir Area Plan is met. The County's TDU Program is calibrated such that the residential density would not exceed the maximum allowable density prescribed in the Urban Estate zone. After the County's TDU Program is implemented by the approval of a County Subdivision, the Subdivision is then annexed into the City prior to land development in accordance with the Fossil Creek Reservoir Area Plan. The condition reads as follows: This annexation into the City of Fort Collins is conditioned upon the subject property developing as a non-residential land use. If the property is to be developed as a residential use, then the owner, successors or assigns shall request disconnection of the subject property from the City of Fort Collins so that Larimer County would have subdivision and zoning jurisdiction and allow for the implementation of the Transfer of Density Units Program. This condition shall be in effect for a period of ten (10) years following the effective date of this ordinance. 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 U-E, Urban Estate Zoning District, is in conformance with the policies of the City's Comprehensive Plan and the Fossil Creek Reservoir Area Plan. 4. The request is in conformance with the City of Fort Collins Land Use Code. 5. On September 20, 2011, the City Council adopted Resolution 2011-087 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. 6. The recommended condition of annexation whereby the owner would request disconnection in the event of residential development has been voluntarily offered by the applicant with the full knowledge and consent of the Church of Jesus Christ of Latter-day Saints. The ten year time frame has been reviewed and approved by Larimer County. FINANCIAL / ECONOMIC IMPACTS As with any annexation, specific financial impacts are difficult to determine. The Compact Urban Growth Standards exempt parcels within the Fossil Creek ReservoirArea from needing to comply with requirements for being contiguous to urban development defined as having an overall density of at least one unit per acre. Despite this exemption, the subject parcel is, in fact, contiguous to existing urban development (Westchase P.U.D. and Trilby Road). Development of this parcel will, therefore, be a sequential extension of utilities and services. Adequate public facilities are extended November 1, 2011 -2- ITEM 21 Leistikow Minor Residential Division was approved in 1992, consisted of 37.5 acres and allowed the creation of four lots, all of which exceeded the required minimum of 2.29 acres per Larimer County zoning of FA-1, Farming. This M.R.D. was amended in September of 2011 and reduced the number of lots from four to three. The subject annexation, consisting of 18.04 acres, is equivalent to Lot Two of the Leistikow Amended M.R.D. Urban Estate Zone District The requested zoning is Urban Estate, Urban Estate. The Land Use Code describes this zone district as follows: "Purpose. The Urban Estate District is intended to be a setting for a predominance of low -density and large -lot housing. The main purposes of this District are to acknowledge the presence of the many existing subdivisions which have developed in these uses that function as parts of the community and to provide additional locations for similar development, typically in transitional locations between more intense urban development and rural or open lands." There are a variety of non-residential land uses allowed in the U-E including the following: • Minor public facilities • Parks, recreation and other open lands • Cemeteries • Public and private schools • Places of worship or assembly • Golf courses • Wildlife rescue and education centers • Child care centers • Bed and breakfast establishments • Plant nurseries and greenhouses • Animal boarding • Adult day/respite centers • Small scale reception centers • Resource extraction • Composting facilities. Fossil Creek Reservoir Area Plan The parcel is located within the Fossil Creek Reservoir Area Plan, jointly adopted by the City of Fort Collins and Larimer County in 1998. According to the Land Use Framework Plan, the subject parcel should be placed into the Urban Estate zone district. The proposed zoning of Urban Estate complies with the applicable sub area plan. Place of Worship or Assembly The Church of Jesus Christ of latter-day Saints has issued a press release indicating its desire to construct a temple on the property described by this annexation. As noted, the City's Structure Plan Map and the Fossil Creek Reservoir Area Plan both provide guidance that the subject 18.04 acres should be zoned Urban Estate. A Place of Worship is a permitted use in the U-E zone, subject to review by the Planning and Zoning Board. A development review outreach neighborhood meeting was held on September 14, 2011, to discuss the development review process for a future potential submittal of a Project Development Plan for a temple for the Church of Jesus Christ Latter day -Saints. At this meeting, staff responded to inquiries regarding the annexation and zoning procedure, conformance with State Statues, the IGA. with Larimer County, the City's Fossil Creek Reservoir Area Plan and the Land Use Code. Staff continues to emphasize to all interested parties that the annexation and development of land are two distinct processes, each governed by their own set of standards and regulations. For example, concerns about traffic on adjacent streets are a land development issue best addressed at the Project Development Plan stage, not at the annexation and zoning stage. There will be opportunities for citizen input on land development issues at the future neighborhood information meetings that will be scheduled prior to a submittal for a Project Development Plan. The Larimer County Planning Department is aware that the annexation of land zoned residential within the Fossil Creek Area Reservoir Plan, and contemplated for a non-residential land use (Place of Worship), would conform to both existing County (FA-1) and proposed City (U-E) zoning. Larimer County supports the annexation and the proposed ' AGENDA ITEM SUMMARY 21 FORT COLLINS CITY COUNCIL Items Relating to the Leistikow Annexation and Zoning. A. Resolution 2011-098 Setting Forth Findings of Fact and Determinations Regarding the Leistikow Annexation. NT1Q G - 0 B. Hearing and First Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow Annexation to the City of Fort Collins. Hearing and First Reading of Ordinance No. 154, 2011, Amending the nin a of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Leistikow nexation to the City of Fort Collins. wl�� .r-- N o 1i . 15 1 JT (`t h0 . GONTiNU60 EXECUTIVE SUMMARY This is a request to annex and zone the Leistikow parcel. The parcel is 18.04 acres located east of Timberline Road and south of Trilby Road. The property is a portion of the Leistikow Amended Minor Residential Division as approved in Larimer County and addressed as 6732 South Timberline Road. Contiguity with the existing municipal boundary is gained along the entire northern boundary which is shared with the Westchase P.U.D. The recommended zoning is U-E, Urban Estate in conformance with the City's Structure Plan Map and the Fossil Creek Reservoir Area Plan. The Annexation includes a condition such that if the property develops as a residential land use, the owner shall request disconnection from City so that Larimer County would then be able to implement its Transfer of Density Units program. The effective term of this condition is ten years. This annexation request is in conformance with the Colorado Revised Statutes, City of Fort Collins Comprehensive Plan, Land Use Code and the Intergovernmental Agreement between the City of Fort Collins and Larimer County. There are no known controversies associated with this annexation. BACKGROUND / DISCUSSION This is a 100%voluntary annexation for a property located within the Growth Management Area. Of the total property perimeter, 25% is contiguous to the existing City boundary thus satisfying the requirement that no less than one -sixth of the perimeter boundary be contiguous. According to the policies and agreements between the City of Fort Collins and Larimer County, the City will agree to consider annexation of property in the Growth Management Area when the property is eligible for annexation under state law. The surrounding zoning and land uses are as follows: N: L-M-N; Westchase P.U.D. N: U-E; Westchase P.U.D. E: FA-1; (Larimer County) Leflar M.R.D. S: FA-1; (Larimer County) Leistikow Amended M.R.D. W: FA-1; (Larimer County) Paragon Estates P.U.D.