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Home My WebLink AboutFOSSIL CREEK 392 - ANNEXATION & ZONING - SECOND READING - 32-09 - REPORTS - RECOMMENDATION/REPORTDecember 15, 2009 -4- ITEM 20 ATTACHMENTS 1. Minutes from the November 19, 2009 Planning and Zoning Board Meeting. 2. Vicinity Map 3. City Structure Plan (partial) 4. City Zoning Map (partial) 5. Powerpoint Presentation. mc� December 15, 2009 -3- ITEM 20 annexation and zoning of the property. The 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 Land Use Code, the Fossil Creek Reservoir Area Plan, the Larimer County and City of Fort Collins Intergovernmental Agreement, the City of Fort Collins and Town of Windsor Intergovernmental Agreement, and the /-251SH 392 Interchange Improvement Plan. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. Staff recommends that this property not.be.i`cluded,imth�eResidential Neighborhood Sign District. A map amendment will be necessary to place this property on the•Residential!Ne!ghborhbod,Sign1District Map as an "Area Not in the Sign District". f.� BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board voted 7 - 0 to recommend approval of the annexation and that the property be placed in the C - Commercial Zoning District. The Planning and Zoning Board voted 7 - 0 to recommend that this property not be included in the Residential Neighborhood Sign District. A map amendment will be necessary to place this property on the Residential Neighborhood Sign District Map as an "Area Not in the Sign District". (7 At the November 19, 2009 Planning and Zonis g Board pulic ��bh""'. � staff forwarded a recommendation for a condition of approval on the zoning df the property. The need for-an'Ecological Characterization Study (ECS) for the subject property is a certainty because knowh-wetly ds on'the propertyi Based on requirements set forth in the Section 3.4.1(D)(1) of the Land Use Codean ECS-must be part of any -future Project Development Plan (PDP) submittal to the City if the development site contains, or is within 500 feet of, a natural habitat or feature, or if it is determined that the site likely includes areas with wildlife, plant life and/or other natural characteristics in need of protection. Staff determined that it would be prudent to receive and review an ECS for the subject property prior to an applicant/developer investing the time and expense of preparing a complete PDP submittal that may be subject to changes after review of an ECS. The recommended condition stated: "Acomprehensive Ecological Characterization Study must be prepared by a qualified consultant and submitted to the City for review and acceptance prior to the submittal of any application for approval of a Project Development Plan."" / �� /7 rI �1� /� After lengthy discussion and deliberation the Planning a `d Zoning,Board1dedided not to support the recommended condition of approval on the zoning rand did no;includelthelcondition in ifs recommendation to City Council. The Boards position is that requiring an ECS tote submiitteed;pn(oT to PDP subT ittal should be more of a broad, citywide policy issue and that making it a con d@en of approval on annexation of a specific property is inappropriate. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred prior to the item going before the Planning and Zoning Board at its regularly scheduled public hearing on November 19, 2009. A letter of notification of the public hearing (containing date, time, and place for the hearing and a description of the request) was mailed to all affected property owners within 1,000 feet of the property 14 days prior -to the hea`ing. A�neighborhood meeting is not required for annexation of property and no meeting was held forthis 2nni exation a� onmg request. u t Il December 15, 2009 -2- ITEM 20 The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. The property lies within the Corridor Activity Center boundary in the 1-251SH 392 Interchange Improvement Plan. It gains the required 1/6 contiguity to existing City limits from a common boundary with the Fossil Creek Reservoir Open Space Annexation (June, 2008) to the north. The surrounding zoning and land uses are as follows: N: POL in the City of Fort Collins, C and T in Larimer County; undeveloped E: C in the Town of Windsor; existing commercial development S: AP in Larimer County; existing -large �acreage;`sidential77 ;� mmerciall W: AP in Larimer County; existing large•acreage residential, commercial/ The requested zoning for this annexation is the C �Commer61 4ial Zoning District. There are numerous uses permitted in this District, subject to either adminisfrative review:or-review by the Planning and Zoning Board. The adopted City Structure Plan, a part of the Comprehensive Plan (CityPlan), identifies that Commercial is appropriate in this location. The request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Land Use Code, the Fossil Creek Reservoir Area Plan, the Larimer County and City of Fort Collins Intergovemmental Agreement, the City of Fort Collins and Town of Windsor Intergovernmental Agreement, and the. 1-251SH 392 Interchange Improvement Plan. A few issues to be addressed as part of a future site specific development plan relate to coordination of the SH 392 and southwest frontage road alignments and right-of-way delineations and, potential impacts on the existing wetlands on the middle portion of the property. The development review process has protection measures within Section 3.4.1(E) of the Land Use Code to ensure•fhattexisting wetlandsdon-the pToperty�are adequately protected and buffered. Within this section is the requirement f6r the provision of an elcolo�gical characterization study, which is the foundation for establishing buffer zones to protect t� lands. lil Findings: 1. 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 Urban Growth Area. 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On November 3, 2009, the City Council adopted Resolution 2009-099 which accepted the annexation petition and determined that the petitionwa was compliance with _State law. The Resolution also initiated the annexation process for the property by/establis„hingtfie da `e, (time and place when a public hearing would be held regarding the readings of the Ordinances annewng and zoning the area. 4. The requested C—CommercibhZ` nA DistFi t s;in conformance with the policies of the City's Comprehensive Plan. SUISTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS No direct economic impacts will result with this proposed annexation and zoning as the property is undeveloped at the present time. With new commercial development, the City may participate in infrastructure financing along with private development. Future commercial development will also generate sales and use tax revenues for the City. The physical environment will not be/directly%impacted by.the proposed`an�nexation and zoning of the property. The zoning standards described in the Land Use Code establish [regulations io.determine the appropriate land uses and design and development standards required for`n development. New development is required to comply with the City's Land Use Code Natural Area Sfandands to assess and)address any -potential environmental impacts. The health, safety and well-being of the community and its citizens will not be adversely impacted by the proposed ATTACHMENT 1 DATE:December 0 0 • AGENDA ITEM SUMMARY 0 ve Olt STAFF: Ste FORT COLLINS CITY COUNCIL 0 SUBJECT 4 Items Relating to the Fossil Creek 392 Annexation and Zoning. A. Resolution 2009-113 Setting Forth Findings of Fact and Determinations Regarding the Fossil Creek 392 Annexation and Zoning. � `�. ro' B. Hearing and First Reading of Ordinance No. 139; 2009'Annexing Property Known as the Fossil Creek 392 Annexation to the City. C. Hearing and First Reading of 07dinance No. 140, 2009, Amending'the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Fossil Creek 392 Annexation to the City. EXECUTIVE SUMMARY This is a request to annex and zone 28 acres located on the south side of Carpenter Road (SH 392), at the southwest corner of Interstate 25 and Carpenter Road. The property is undeveloped and is in the AP - Airport District in Larimer County. The requested zoning for this annexation is_C - Commercial. p� ,�7 Staff is recommending that this property not be included Ih the Staff Neighborhood Sign District. A map amendment will be necessary to place this property on the Residential Neighborhood Sign District Map as an "Area Not in the Sign District". The" Resideritial.Neighborhood.Sig�i District' was established for the purpose of regulating signs for nonresidential uses in certain g oe graphical as of the City whichmay be particularly affected by such signs because of their predominantly residential use and character. The subject property is in an identified commercial corridor along 1-25, with the closest predominantly residential uses approximately 1,000 feet to the west. This annexation request is in conformance with the Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the City of Fort Collins Land Use Code, the Fossil Creek Reservoir Area Plan, the Larimer County and City of Fort Collins Intergovernmental Agreement, the City of Fort Collins and Town of Windsor Intergovernmental Agreement, and the 1-25/SH 392 Interchange Improvement Plan. There are no known controversies associate wit\trdihis and xation. PA -few -issues to b]addressed as part of a future site specific development plan relate td coonation oflhe SH 392 and4outhwest frontage road alignments and right-of-way delineations and, potential impacts on they existing -wetlands -on the middle portion of the property. The development review process has protec\i` measures within Section 3.4.1(E) of the Land Use Code to ensure that existing wetlands on the•property are.adeq'uately protected and buffered. Within this section is the requirement for the provision of an ecological characterization study, which is the foundation for establishing buffer zones to protect the wetlands. BACKGROUND ! DISCUSSION The applicant, Larry Gilleland, for the property owners, VPD 392 LLC and Peter Prato, has submitted a written petition requesting annexation of 28.9 acres loaated�on the�south side of`Carpenter Road (SH 392), at the southwest comer \\ �� %A rl 5 // of Interstate 25 and Carpenter Road. f he property is undeveloped an\d is�i�n the AP -Airport District in Larimer County. The requested zoning in the City of Fort Collins is C - CommeJ.1 IIIrcial�The surrounding properties are currently zoned POL— Public Open Lands in the City to�the north, C — Commercial and T —tourist in Larimer County to the north, AP - Airport in Larimer County to the west and south, andnd C;�' Commercial in the Town of Windsor to the east. This is a 100% voluntary annexation. , MINI I I AGENDA ITEM SUMMARY C • FORT COLLINS CITY COUNCIL �1 Items Relating to the Fossil Creek 392 Annexation and Zoning. A. Second Reading of Ordinance No. 139, 2009, Annexing Property Known as the Fossil Creek 392 Annexation to the City. B. Second Reading of Ordinance No. 140, 2009, Amending the Zoning Map of the City of Fort Collins and Classifying for. Zoning Purposes the Property Included in. the Fossil Creek 392 Annexation to the City. EXECUTIVE SUMMARY These Ordinances, unanimously adopted on First Reading on December 15, 2009, annex and zone 28 acres located on the south side of Carpenter Road (SH 392), at the southwest corner of Interstate 25 and Carpenter Road. The property is undeveloped and is in the AP - Airport District in Larimer County. The requested zoning for this annexation is C - Commercial. Pursuant to direction from the Council on First Reading, Ordinance No. 140, 2009, which places the property in the C - Commercial District, has been revised to include a condition that, prior to the submittal of a Project Development Plan for all or any portion of the property, a comprehensive Ecological Characterization Study of the entire property must be prepared by a qualified consultant and submitted to and approved by the City. ATTACHMENTS Copy of First Reading Agenda Item Summary - December 15, 2009 (w/o attachments)