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HomeMy WebLinkAboutGATEWAY (1ST, 2ND & 3RD) ANNEXATION & ZONING - SECOND READING - 35-08, 35-08A, 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. 3. The requested POL —ji-ri-iXis ' conformance with the City's Comprehensive Plan City cture 1 4. On November 12, 2008, ty 1 Jted a reLution 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 Annexa ' 2. Gateway Second Anne lion 9appy 3. Gateway Third Aexa 4. Structure Plan map. 5. Proposed Zoning map. 6. Draft Minutes of November 20, 2008 Planning and Zoning Board Meeting. COPY 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, nnsp n , al Mart Supercenter (under construction); and City weedVdountyC I-AL County - FA-1 Fannin undev ommercial for small parcels both north (owned by the Sta olo th of ony 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 limikoftef teMVU s the Arapaho Bend First and Second Annexations (January 99) twe e Gateway Second Annexation parcel gains its required 1/6 tiguity exis g i limits om a common boundary with the Arapaho Bend Second Annexati a cel. ateway 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 sep si r 1 in an adjoining neighborhood or other zoning district desi ons. 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 m mdin t th 't' n for annexation for the Gateway Annexation, containing a to of ap ima y .3 ac , substantially complies with the Municipal Annexation Act, the ' F i mpre ive 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 o ip o ro ' tel 5. res of the Natural Area to the Fort Collins Capital Leasing C oratt C C' tte under Section 23-111 of the City Code. The Council then rec ed fro FCC lira to disconnect from the City the portions of the Natural Area o b C C, permitt 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 xati ny Strauss Cabin Road to the east side of 1-25) which overlaps a opos ex 'o o f Timnath known the Riverwalk Annexation Number 1. The C rado exati quir at, upon application of the City, the District Court must hold an ti he d ers in 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 ATTACHMENT 1 ITEM NUMBER: 19 A-1 DATE: December 2, 2008 Items Relating to the Gateway First, Second and Third Annexations. RECOMMENDATION : Ken Waldo 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 S or1v-9 Cdi;Wof Fact46d 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 F. First Reading of Ordin Coe No. 4, 2 eoning Map of the City of Fort Collins and Classifying nun s e cluded 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. December 16, 2008 -2- Item No. 28 Gateway Third Annexation A. Resolution 2008-137 Rescinding Resolution No. 2008-113. B. Resolution 2008-138 Setting Forth Findings of Fact and Determinations Regarding the Gateway Third Annexation. C. Hearing and Second Reading of Ordinance No. 155,2008, Annexing Property Known as the Gateway Third Annexation to the City of Fort Collins, Colorado. D. Hearing and Second 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. Resolutions 2008-111, 2008-112, and 2008-113 make findings that the petition for annexation for the Gateway Annexation, containing a total of approximately 256.3 acres, substantially complies with the Municipal Annexation Act (the "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; that notice was duly given; and that a hearing was held regarding the annexation in accordance with the Act. These Resolutions were prematurely presented to, and adopted by, the Council on December 2, 2008, before the public hearing on the annexations had actually been held. For that reason, staff recommends that Council rescind those Resolutions, hold the statutorily required hearing on the annexations, and then consider new Resolutions making findings and determinations with regard to each of the annexations. The Ordinances, adopted unanimously on First Reading on December 2, 2008, will annex the property into the City limits and place the property into the POL-Public Open Lands Zoning District. ATTACHMENTS Copy of First Reading Agenda Item Summary - December 2, 2008. (w/o original attachments) AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 28 DATE: December 16, 2008 STAFF: Ken Waido Items Relating to the Gateway First, Second and Third Annexations. DATION Staff recommends adoption of the Resolutions and the Ordinances on Second Reading. EXECUTIVE SUMMARY Gateway First Annexation A. Resolution 2008-133 Rescinding Resolution No. 2008-111. B. Resolution 2008-134 Setting Forth Findings of Fact and Determinations Regarding the Gateway First Annexation. C. Hearing and Second Reading of Ordinance No.151, 2008, Annexing Property Known as the Gateway First Annexation to the City of Fort Collins, Colorado. D. Hearing and Second 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. Gateway Second Annexation A. Resolution 2008-135 Rescinding Resolution No. 2008-112. B. Resolution 2008-136 Setting Forth Findings of Fact and Determinations Regarding the Gateway Second Annexation. C. Hearing and Second Reading of Ordinance No. 153,2008, Annexing Property Known as the Gateway Second Annexation to the City of Fort Collins, Colorado. D. Hearing and Second 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.