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HomeMy WebLinkAboutGATEWAY (1ST, 2ND & 3RD) ANNEXATION & ZONING - INITIATING RESOLUTION - 35-08, 35-08A, 35-08B - REPORTS - RECOMMENDATION/REPORTNovember 12, 2008 -3- Item No. 8 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. November 12, 2008 -2- Item No. 8 Later that same day, a petition was filed by FCCLC to re -annex the Natural Area, together with Harmony Road; Strauss Cabin Road between Harmony and Kechter Roads; Kechter Road between Strauss Cabin Road and Interstate-25; and Interstate-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 I-25 are still contained in the area, including the highway right -of way from about three-quarters (3/4) of a mile north of Harmony Road to about one (1) mile south of Harmony Road. However, Kechter and Strauss Cabin Roads are no longer included in the annexation. There is a portion of the Gateway Annexation (Harmony Road from Strauss Cabin Road to the east side of I-25) which overlaps a proposed annexation to the Town of Timnath known as the Riverwalk Annexation Number 1. The Colorado Annexation Act requires that, upon application of the City, the District Court must hold an election of the landowners in the area claimed by both the City and Timnath in order to determine which municipality can annex that area. The Act also authorizes the City to proceed, by the adoption of this resolution, with the annexation of that portion of its annexation that is not also claimed by Timnath. The resolution must contain the legal description of that portion of the annexation, which areas are shown on Exhibit `B" attached to the resolution. Due to the size of the property and the limited amount of contiguity to the existing city limits, the property is being annexed via three 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 I-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) 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. The last two parcels are being annexed in a series which is permitted by the Colorado Annexation Act. Planning and Zoning Board Recommendation: The Planning and Zoning Board will conduct a public hearing on the annexation and zoning requests at their regular monthly meeting on November 20, 2008, and will make its recommendations at that time. The Board's recommendations will be forwarded to the City Council in time for public hearing and second readings of the annexation and zoning ordinances which are scheduled for December 16, 2008. ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: November 12, 2008 FORT COLLINS CITY COUNCIL STAFF: Ken Waldo SUBJECT Resolution 2008-109 Accepting an Amended Petition, Finding Substantial Compliance, and Initiating Annexation Proceedings for the Portions of the Gateway Annexation Not Claimed by the Town of Timnath. RECOMMENDATION Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY The proposed Resolution makes findings that the voluntary petition for annexation for the Gateway Annexation, containing a total of approximately 256.3 acres, substantially complies with the Municipal Annexation Act, accepts the petition, and determines that a hearing should be established regarding the annexation of the portions of the Gateway Annexation not claimed by the Town of Timnath, and directs that notices be given of the hearing. The hearing will be held at the time of second reading of the annexation and zoning ordinances scheduled for December 16, 2008. Not less than thirty days prior notice is required by State law. 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 (City Plan), the Larimer County and City of Fort Collins Intergovernmental Agreements, the City of Fort Collins Land Use Code, and the Harmony Corridor Plan. BACKGROUND Applicant and Property. Owner: Fort Collins Capital Leasing Corporation In 1995, the City acquired the property known as the Arapaho Bend Natural Area (the "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.