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HomeMy WebLinkAboutFOSSIL CREEK 392 - ANNEXATION & ZONING - INITIATING RESOLUTION - 32-09 - REPORTS - RECOMMENDATION/REPORTNovember 3, 2009 -2- ITEM 20 BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request on November 19, 2009, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for First Reading of the annexation and zoning ordinances on December 15, 2009, ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map 4. 1-25/SH392 Interchange Improvement Plan Context Map 5. 1-25/SH392 Interchange Improvement Plan Framework Plan Map 6. 1-25/SH392 Interchange Improvement Plan Future Land Use Map DATE: November 3, 2009 ' STAFF: Steve Olt • - • • SUBJECT Resolution 2009-099 Finding Substantial Compliance and Initiating Annexation Proceedings forthe Fossil Creek 392 Annexation. EXECUTIVE SUMMARY 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 located on the south side of Carpenter Road (County Road 32), at the southwest corner of Interstate 25 & 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. 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, and C - Commercial in the Town of Windsor to the east. 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 associated with this annexation. 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 that existing wetlands on the property are adequately protected and buffered. Within this section is the requirement for the provision of an ecological characterization study, which is the foundation for establishing bufferzones to protect the wetlands. BACKGROUND / DISCUSSION 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. 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 1-25/SH 392 Interchange Improvement Plan. It gains the required 116 contiguity to existing City limits from a common boundary with the Fossil Creek Reservoir Open Space Annexation (June, 2008) to the north. STAFF RECOMMENDATION Staff recommends adoption of the Resolution.