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HomeMy WebLinkAboutGATEWAY (1ST, 2ND & 3RD) ANNEXATION & ZONING - FIRST READING - 35-08, 35-08 A, 35-08B - REPORTS - RECOMMENDATION/REPORTDecember 2, 2008 -4- Item No. 19 A-1 2, The Gateway Annexation meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. The requested POL — Public Open Lands District, is in conformance with the City's Comprehensive Plan and City Structure Plan. 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. Planning and Zoning Board Recommendation: The Planning and Zoning Board conducted a public hearing on the annexation and zoning requests at their regular monthly meeting on November 20, 2008. The Board voted 6-0 (1 member absent) to recommend approval of the annexation and requested POL, Public Open Lands Zoning District. Draft minutes of the Board's meeting are attached. 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. 6. Draft Minutes of November 20, 2008 Planning and Zoning Board Meeting. December 2, 2008 -3- Item No. 19 A -I 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 -I Fanning, 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 included in the Gateway Annexation, as well as the I-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 a common boundaries with the Arapaho Bend First and Second Annexations (January 1999) to the west of the parcel. 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. The Initiating Resolution for the Gateway Annexation was considered by City Council on November 12, 2008 and adopted. Proposed Zoning The proposed zoning for the Gateway Annexation is the POL — Public Open Lands District, which is consistent with the City Structure Plan and with recommendations from the adopted Harmony Corridor Plan, an element of the City's Comprehensive Plan. The POL 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 designations. Findings In evaluating the proposal for the annexation and zoning of the Gateway Annexation, staff makes the following findings of fact: The Gateway Annexation is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement. December 2, 2008 -2- Item No. 19 A-1 I. First Reading of Ordinance No. 156, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gateway Third Annexation to the City of Fort Collins, Colorado. The proposed Resolutions make 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, 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. The Ordinances annex the property into the City limits and place the property into the POL-Public Open Lands Zoning District. BACKGROUND Applicant and Property Owner: Fort Collins Capital Leasing Corporation The City of Fort Collins acquired the property known as the Arapaho Bend Natural Area (the "Natural Area"), containing a total of approximately 277.5 acres, in 1995, 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 ofthe 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 portions of the Natural Area owned FCCLC, 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 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 1-25) which overlaps a proposed annexation to the Town of Timnath known 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 with the annexation of that portion of the Gateway Annexation that is not also claimed by Timnath. 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. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 19 A -I DATE: December 2, 2008 STAFF: Ken Waido Items Relating to the Gateway First, Second and Third Annexations. RECOMMENDATION Staff recommends adoption of the Resolutions and the Ordinances on First Reading. The Planning and Zoning Board voted 6-0 to recommend approval of the annexation and requested POL, Public Open Lands Zoning District. EXECUTIVE SUMMARY A. Resolution 2008-111 Setting Forth Findings of Fact and Determinations Regarding the Gateway First Annexation. B. First Reading of Ordinance No. 151, 2008, Annexing Property Known as the Gateway First Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 152, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gateway First Annexation to the City of Fort Collins, Colorado. D. Resolution 2008-112 Setting Forth Findings of Fact and Determinations Regarding the Gateway Second Annexation. E. First Reading of Ordinance No. 153, 2008, Annexing Property Known as the Gateway Second Annexation to the City of Fort Collins, Colorado. F. First Reading of Ordinance No. 154, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Gateway Second Annexation to the City of Fort Collins, Colorado. G. Resolution 2008-113 Setting Forth Findings of Fact and Determinations Regarding the Gateway Third Annexation. H. First Reading of Ordinance No. 155, 2008, Annexing Property Known as the Gateway Third Annexation to the City of Fort Collins, Colorado.