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HomeMy WebLinkAboutJOHNSTON ANNEXATION & ZONING - FIRST READING - 9-06 - REPORTS - RECOMMENDATION/REPORTSection 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 6th day of June, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION No. 99083069 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE SOUTH 89039'18" EAST, 795.59 FEET ALONG SAID SOUTH LINE TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION No. 99106647 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AT RECEPTION No. 99106647 THE FOLLOWING THREE (3) COURSES: 1) SOUTH 41 *12'18" EAST, 67.00; 2) SOUTH 69050'18" EAST, 286.00 FEET, 3) SOUTH 85025118" EAST, 78.41 FEET TO THE WEST LINE OF SAID WESTCHASE NO.1 ANNEXATION AND THE WEST RIGHT OF WAY OF TIMBERLINE ROAD; THENCE SOUTH 00'2742" WEST, 503.04 FEET ALONG SAID WEST LINE TO THE T U POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 16.945 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. W DENSITY DMD-USE A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, AS BEARING NORTH 00-27-42" EAST, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE NORTH 0002742" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89'32'18" WEST, 30.00 FEET TO THE EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE PLAT OF WESTCHASE NO.1 ANNEXATION; THENCE NORTH 89'32'18 WEST, 1187.60 FEET ALONG THE NORTH LINE OF LINDEN PARK SUBDIVISION TO THE TRUE POINT OF BEGINNING,; THENCE NORTH 89'32' 18" WEST,1325.15 TO THE EASTERLYRIGHT OF WAY OF THE UNION PACIFIC RAILROAD; THENCE NORTH 00'02'42" EAST, 650.82 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99083069 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE SOUTH 89'39'18" EAST, 1329.87 FEET ALONG SAID SOUTH LINE ; THENCE SOUTH 00'27'42" WEST, 653.51 FEET TO THE MU POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 19.875 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above -described property is included in the Residential Neighborhood Sign District. ORDINANCE NO. 102, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE JOHNSTON ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and . WHEREAS, in accordance with the foregoing, the Council has considered the zoning of the property which is the subject of this ordinance, and has determined that the said property should be zoned as hereafter provided. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Johnston Annexation to the City of Fort Collins, Colorado, in the Medium Density Mixed Use Neighborhood (MMN) Zone District and the Low Density Mixed Use Neighborhood (LMN) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: ►1r7 ► a.i A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, AS BEARING NORTH 00'2742" EAST, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE NORTH 00 '2742" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89'32'18" WEST, 30.00 FEET TO THE EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE PLAT OF WESTCHASE NO.1 ANNEXATION BEING THE TRUE POINT OF BEGINNING, THENCE NORTH 89'32'18" WEST, 1187.60 FEET ALONG THE NORTH LINE OF LINDEN PARK SUBDMSION, THENCE NORTH 00'27'42" EAST, 653.51 FEET TO THE ABOVE DESCRIBED PARCEL CONTAINS 36.820 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Johnston Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Latimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 6th day of June, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006. ATTEST: City Clerk Mayor Passed and adopted on final reading on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk ORDINANCE NO. 101, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE JOHNSTON ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2006-042, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7, AS BEARING NORTH 00 '2742" EAST, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 7, THENCE NORTH 0002742" EAST, 1959.50 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89'32'18" WEST, 30.00 FEET TO THE EXISTING WEST RIGHT OF WAY OF TIMBERLINE ROAD AS SHOWN ON THE PLAT OF WESTCHASE NO.1 ANNEXATION BEING THE TRUE POINT OF BEGINNING. THENCE NORTH 89032'18" WEST, 2512.75 FEET ALONG THE NORTH LINE OF LINDEN PARK SUBDIVISIONTO THE EASTERLY RIGHT OF WAY OF THE UNION PACIFIC RAILROAD; THENCE NORTH 00'0242" EAST, 650.82 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99083069 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE SOUTH 89-39'18" EAST, 2125.48 FEET ALONG SAID SOUTH LINE TO A POINT ON THE SOUTH LINE OF THAT PARCEL DESCRIBED AT RECEPTION NO. 99106647 OF THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY; THENCE ALONG THE SOUTH LINE OF SAID PARCEL AT RECEPTION NO. 99106647 THE FOLLOWING THREE (3) COURSES: 1) SOUTH 41' 12'18" EAST, 67.00; 2) SOUTH 69*50'18" EAST, 286.00 FEET; 3) SOUTH 85'25'18" EAST, 78.41 FEET TO THE WEST LINE OF SAID WESTCHASE NO.1 ANNEXATION AND THE WEST RIGHT OF WAY OF TIMBERLINE ROAD; THENCE SOUTH 00-27142" WEST, 503.04 FEET ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING. RESOLUTION 2006-064 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE JOHNSTON ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Johnston Annexation; and WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council fiuther finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Johnston Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of June, A.D. 2006. Mayor ATTEST: City Clerk �ffm a: 0 ■ MOM An =:PAN 41k 0 VAN I SOUTHROGE VPREEkS �J G� O`er~ h�q GLEN EAGLE CT CACTUS CT • U W )INT; n RL z v m LMN STANTON REEK — ATTACHMENT 2 LMN - LMN c.rr oav cT _` U E� U WILLOW SPRINGS WAY _-- KECNTER RD__' 0 2 WILLOV% SkF*NGt- v 3 � FOSSIL CREEKP"14NDEN LMN w FALCON RIDGE DR a RK FALCON RIDGE DR -- — — -- #9-06 Johnston Annexation & Zoning Proposed Zoning 4/6106 V MAJESTf.60R BACON ELEMENTARY ZEPHYR RD QVVMSAVE! _ Z m! HARV$STST�ST WESTAG }KSE g �ohy CRFF�- Q CT _UE- MERLOT Legend ��Nyyy Proposed LMN 11 ® Proposed MMN ,/�\V No Text June 6, 2006 -5- Item No. 25 A-C C. The requested zone districts, M-M-N, Medium Density Mixed -Use Neigbborhood, and L -M- N, Low Density Mixed -Use Neighborhood, are in conformance with two elements of the City's Comprehensive Plan (City Plan). These elements are the Structure Plan Map and the Fossil Creek Reservoir Area Plan. D. Staff recommends the parcel be placed within the Residential Neighborhood Sign District. E. On April 18, 2006, City Council passed a Resolution which accepted the annexation petition and determined that the petition is in compliance with State law. PLANNING AND ZONING BOARD RECOMMENDATION On May 18, 2006, the Planning and Zoning Board voted 7-0 to recommend annexation into the municipal boundary and inclusion into the Residential Sign District. It also voted 7-0 to recommend placement into the Medium Density Mixed -Use Neighborhood and the Low Density Mixed -Use Neighborhood zone districts. ATTACHMENTS 1. Vicinity Map 2. Proposed Zoning 3. Fossil Creek Reservoir Area Land Use Map June 6, 2006 -4- Item No. 25 A-C shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features." Fossil Creek Reservoir Area Plan As mentioned, both the M-M-N and L-M-N zone districts comply with both Fossil Creek Reservoir Area Plan and the City's Structure Plan Map. The M-M-N zone would be extended to the north onto the abutting property to form a larger district that is intended to support a future Neighborhood Center (N-C zone) to the north on the Hansen Property. The L -M-N zone would match both the Linden Park zoning to the south and future zoning to the north. All the properties west of Timberline Road are planned to support an urban level of development versus areas east of Timberline Road and areas north of Fossil Creek Reservoir. According to the Plan: "FC-LUF - 3 Mixed -Use Neighborhoods. These neighborhoods will consist of a mix of housing types near parks, schools, and a neighborhood center. The density will be a minimum overall average of either 3 or 5 units per acre, with an overall maximum of 8 dwelling units per acre, and a maximum of 12 units per acre for any single phase. " "FC-LUF — 4 Medium Density Mixed -Use Neighborhood" A medium density mixed use neighborhood will be located in conjunction with a neighborhood commercial center on the west side of Timberline Road approximately 1.5 miles south of Harmony Road. This neighborhood will be approximately 20 acres in size, shaped to generally wrap around the Neighborhood Commercial Center to form a transition and a link to surrounding mixed -use neighborhoods. The density will be a minimum overall average of 12 units per acre, with a minimum of 7 units per acre for any single phase in a multiple -phase plan. Buildings will be limited to 2.5 stories in height." FINDINGS OF FACT/CONCLUSION In evaluating the request for the Johnston Annexation and Zoning, staff makes the following findings of fact: A. The annexation of this parcel is consistent with the policies and agreements between Larimer County and the City of Fort Collins, as contained in the amended Intergovernmental Agreement - Growth Management Area. B. The parcel meets all criteria included in State law to qualify for annexation by the City of Fort Collins. June 6, 2006 -3- Item No. 25 A-C with the requirements of the Intergovernmental Agreement — Growth Management Area and is eligible for annexation. One of the stated intents of the Agreement is to have urban development occur within the City in order that the provision of urban level services by the County would be minimized. This is a 100% voluntary annexation. The parcel is not an enclave. On April 18, 2006, City Council approved a Resolution which accepted the annexation petition and established that the petition is in compliance with State statutes. ZONING A. Requested Zoning — Medium Density Mixed -Use Neighborhood The proposed zoning for the easterly 16.94 acres of the Johnston Annexation is M-M-N, Medium Density Mixed -Use Neighborhood. The Land Use Code describes this zone district as follows: "Purpose The Medium DensityNeighborhood District is intended to bea setting for concentrated housing within easy walking distance of transit and a commercial district. Secondarily, a neighborhood may also contain other moderate -intensity complementary and supporting land uses that serve the neighborhood. These neighborhoods will form a transition and a link between surrounding neighborhoods and the commercial core with a unifying pattern of streets and blocks. Buildings, streets, bike and walking paths, open spaces and parks will be configured to create an inviting and convenient living environment. This District is intended to function together with surrounding low density neighborhoods (typically the L -M-N zone district) and a central commercial core (typically an N-C or C-C zone district). The intent is for the component zone districts to form an integral, town -like pattern of development, and not merely a series of individual development projects in separate zone districts." B. Requested Zoning — Low Density Mixed -Use Neighborhood The proposed zoning for the westerly 19.87 acres of the Johnston Annexation is L-M-N, Low Density Mixed -Use Neighborhood. The Land Use Code describes this zone district as follows: "Purpose. The Low Density Mixed -Use Neighborhood District is intended to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Anynew development in this District June 6, 2006 -2• Item No. 25 A-C The parcel gains the necessary one -sixth contiguity along the entire south, east and west property lines. Of the total perimeter boundary, the parcel has 59% contiguity with the City limits. This substantially exceeds the required minimum of 16.66% (one -sixth). The parcel, therefore, complies with the requirements of the Intergovernmental Agreement — Growth Management Area and is eligible for annexation. This is a 100% voluntary annexation for a property located within the Growth Management Area The property satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing City boundary. The recommended zoning of M-M-N Medium Density Mixed -Use Neighborhood and L-M-N, Low Density Mixed -Use Neighborhood, is in compliance with the City's Comprehensive Plan and Structure Plan Map. Staff recommends the parcel be placed within the Residential Neighborhood Sign District. The Initiating Resolution was considered by City Council on April 18, 2006 and approved. On May 18, 2005, the Planning and Zoning Board took two specific actions in making their recommendation to City Council: 1. The Board voted 7-0 to recommend approval of the annexation. 2. The Board then voted 7-0 to recommend the property be placed in the Medium Density Mixed-UseNeighborhood and Low Density Mixed -Use Neighborhood zone districts. CONSISTENCY WITH EXISTING POLICIES According to the policies and agreements between the City of Fort Collins and Larimer County, contained in the amended (November 21, 2000) Intergovernmental Agreements — Growth Management Area (IGA), the City will agree to consider for annexation property in the UGMA when such property is eligible for annexation according to State law. According to Section 8A of the IGA, as amended: "It is the City's intent to annex properties within the GMA as expeditiously as possible consistent with the terms of this Agreement. Except as provided in Section 8(B), the City agrees to consider the annexation of any parcel or parcels of land located within the GMA which are eligible for voluntary annexation pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes." The surrounding zoning and land uses are as follows: N: FA-1 (County); Rural Residential S: L-M-N; Existing single family subdivision (Linden Park) E: L-M-N; Existing single family subdivision (Westchase) W: R-L; Existing railroad tracks, golf course and single family (Southridge Greens) The parcel gains the necessary one -sixth contiguity along the entire south, east and west property lines. Of the total perimeter boundary, the parcel has 59% contiguity with the City limits. This substantially exceeds the required minimum of 16.66% (one -sixth). The parcel, therefore, complies AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 25 A-C DATE: June 6, 2006 STAFF: Ted Shepard SUBJECT Items Relating to the Johnston Annexation and Zoning. RECOMMENDATION Staff recommends approval of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY A. Resolution 2006-064 Setting Forth Findings of Fad and Determinations Regarding the Johnston Annexation. B. Hearing and First Reading of Ordinance No. 101, 2006, Annexing Property Known as the Johnston Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 102, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Johnston Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 36.82 acres in size. The site is 6111 S. Timberline Road located approximately one-half mile south of Kechter Road on the west side of Timberline Road. Contiguity with the existing municipal boundary is gained along the entire south boundary which is shared with the Keating Annexation (Linden Park Subdivision). Contiguity is also gained along the entire east boundary which is shared with Westchase Annexation Number One and along the entire west boundary which is shared with the Union Pacific Railroad Fourth Annexation. BACKGROUND The property is located within the Growth Management Area. According to the policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the City of 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.