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HomeMy WebLinkAboutGATEWAY (1ST, 2ND & 3RD) ANNEXATION & ZONING - 35-08, 35-08A, 35-08B - REPORTS - RECOMMENDATION/REPORTGateway Annexation - #35-08 November 20, 2008 P & Z Meeting Page 3 The POL — Public Open Lands District designation is appropriate because this property is preserved as a natural area. The City's adopted Structure Plan, a part of the Comprehensive Plan, indicates that the POL — Public Open Lands District is appropriate for this location. Before being disconnected the portions of the Arapaho Bend Natural Area were in the POL District. FINDINGS: In evaluating the proposal for the annexation and zoning of the Gateway Annexation, staff makes the following findings of fact: The annexation of the natural area and portions of 1-25 are consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement. 2. The annexation request meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested Zone District, POL — Public Open Lands, in conformance with the City's Comprehensive Plan and City Structure Plan Map. 4. On November 12, 2008, the City Council adopted a resolution determining the annexation process for this property that includes a public hearing regarding the readings of the Ordinances annexing and zoning the area. STAFF RECOMMENDATION: Staff recommends approval of the Gateway Annexation and the requested zoning of POL — Public Open Lands, District. ATTACHMENTS: 1. Gateway First Annexation Location map 2. Gateway Second Annexation Location map 3. Gateway Third Annexation Location map 4. Structure Plan map 5. Proposed Zoning map Gateway Annexation - #35-08 November 20, 2008 P & Z Meeting Page 2 Harmony Road to about one (1) mile south of Harmony Road. However, Kechter and Strauss Cabin Roads are no longer included in the annexation. Due to the size of the property and the limited amount of contiguity to the existing City limits, the property will be annexed via three annexations, the Gateway First Annexation, the Gateway Second Annexation, and the Gateway Third Annexation. The Gateway Second and Third Annexations will be considered concurrently which is permitted by the State of Colorado Revised Statutes as they relate to annexations. The existing land uses and zoning of surrounding properties are as follows: N: County - FA-1 Farming, undeveloped; and Strauss Cabin Park E: Town of Timnath RC, Regional Commercial, Zoning, Wal Mart Supercenter (under construction); and City -owned open space east of 1-25 S: County - FA-1 Farming, undeveloped; and County C Commercial for small parcels both north (owned by the State of Colorado) and south of Harmony Road (convenience store/gas station and a landscaping business) W: County -FA-1 Farming, including about 160 acres of land owned by Larimer County; the Meadow Heights Subdivision (23 lots); and City POL, Public Open Lands, District (Arapaho Bend Natural Area) Compliance with Existing Policies and State Law The portions of the Arapaho Bend Natural Area as well as the 1-25 right-of-way are located totally within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The Gateway First Annexation parcel gains its required 1/6 contiguity to existing City limits from common boundaries with the Arapaho Bend First and Second Annexations (January 1999). The Gateway Second Annexation parcel gains its required 1/6 contiguity to existing City limits from a common -boundary with the Arapaho Bend Second Annexation to the west of the parcel. The Gateway Third Annexation parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the Gateway Second Annexation to the north of the parcel. Again, the last two parcels are being annexed concurrently which is permitted by the State of Colorado Revised Statutes as they relate to annexations. The Initiating Resolution for the Gateway Annexation was considered by City Council on November 12, 2008, and adopted. ANALYSIS: The requested zoning for this annexation is the POL — Public Open Lands Zoning District. The Public Open Lands District is for large publicly owned parks and open lands which have community -wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other zoning district designation. Planning & Zoning Board STAFF REPORT Item #: Meeting Date ✓/Staff: den 41AD PROJECT: Gateway 1st 2Id & 3`d Annexations - #35-08, 35-08A, 35-08B APPLICANT: Fort Collins Capital Leasing Corporation OWNER: Fort Collins Capital Leasing Corporation PROJECT DESCRIPTION: This is a request to annex and zone approximately 256.3 acres known as the Gateway Annexation. The proposed zoning for the annexation is the POL — Public Open Lands, District. 191'_i11L41►A Staff recommends approval of the annexation and recommends that the Gateway Annexation be placed into the POL — Public Open Lands Zoning District. EXECUTIVE SUMMARY: This is a 100% voluntary request to annex approximately 256.3 acres known as the Gateway Annexation and place the area into the POL — Public Open Lands Zoning District. The annexation is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreement, the City of Fort Collins Land Use Code, and the Harmony Corridor Plan. BACKGROUND: In 1995, the City acquired the property known as the Arapaho Bend Natural Area containing a total of approximately 277.5 acres, and annexed the property into the City limits as part of the Arapaho Bend First and Second Annexations in 1999. On October 14, 2008, the City transferred ownership of approximately 195.3 acres of the Natural Area to the Fort Collins Capital Leasing Corporation (FCCLC), as permitted under Section 23-111 of the City Code. The Council then received from FCCLC an application to disconnect from the City the portions of the Natural Area owned by the FCCLC, as permitted under a newly established section of the City's Land Use Code (Section 2.12.6). Council then adopted Emergency Ordinance No. 130, 2008, which authorized the disconnection of those portions of the Natural Area, as well as portions of Harmony Road, Strauss Cabin Road, and Kechter Road. Later that same day, a petition was filed by FCCLC to re -annex the portions of Natural Area owned by the FCCLC, together with Harmony Road; Strauss Cabin Road between Harmony and Kechter Roads; Kechter Road between Strauss Cabin Road and 1-25; and 1-25 from Kechter Road to Harmony Road. On October 29, 2008, FCCLC filed an Amended Petition with the City Clerk making certain changes to the property to be annexed. The total size of the annexation, as now proposed, is approximately 256.3 acres. Portions of 1-25 are still contained in the area to be annexed, including the highway right -of way from about three-quarters (3/4) of a mile north'of