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HomeMy WebLinkAboutWATERDALE ANNEXATION & ZONING - 27-05 - REPORTS - FIRST READINGMULBERRY STREET); THENCE LEAVING SAID LINE OF THE INTERCHANGE BUSINESS PARK SUBDIVISION, N 00' 45' 02" E 129.27 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15; THENCE, N 00' 57' 01" E 40.84 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF- WAY LINE OF COLORADO HIGHWAY 14 (A.K.A. EAST MULBERRY STREET); THENCE, PROCEEDING ALONG SAID NORTHERLY RIGHT-OF-WAY, S 89' 02' 59" E 311.23 FEET; THENCE S 00' 02' 07" W 39.72 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 15 AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 38.68. ACRES MORE OR LESS. 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. Section 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 16th day of August, A.D. 2005, and to be presented for final passage on the 6th day of September, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of September, A.D. 2005. Mayor ATTEST: City Clerk ORDINANCE NO. 089, 2005 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 WATERDALE 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 Waterdale Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use (LMN) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING N 89' 15' 00" W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 15 THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE S 00' 07' 56" W 110.26 FEET; THENCE, S 00' 15' 39" W 1945.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE STATE HIGHWAY 14 - EAST FRONTAGE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89' 32' 32" W 1417.34 FEET ALONG SAID NORTHERLY LINE; THENCE N 00' 29' 22" E 403.53 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF INTERCHANGE BUSINESS PARK SUBDIVISION; THENCE THE FOLLOWING SEVEN (5) COURSES ON AND ALONG SAID EASTERLY LINE, N 32' 15' 02" E 688.50 FEET; THENCE, S 89 ' 40' 58" E 362.73 FEET TO A POINT OF A COMPOUND CURVE CONCAVE TO THENORTHWEST; THE FIRSTCURVE HAS A LENGTH OF 451.81 FEET WITH A CENTRAL ANGLE OF 44' 15' 02" A RADIUS OF 585.00 FEET AND A CHORD WHICH BEARS N 48' 01' 16" E 440.66 FEET TO THE POINT OF THE SECOND CURVE HAVING A LENGTH OF 437.67 FEET WITH A CENTRAL ANGLE OF 31 ' 56' 40" A RADIUS OF 785.00 FEET AND A CHORD WHICH BEARS N 09' 55' 25" E 432.02 FEET; THENCE N 06' 02' 54" W 215.77 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 14 (A.K.A. EAST is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Waterdale 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 Larimer 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 16th day of August, A.D. 2005, and to be presented for final passage on the 6th day of September, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of September, A.D. 2005. Mayor ATTEST: City Clerk ORDINANCE NO. 088, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE WATERDALE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2005-071, 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: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING N 89' 15' 00" W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 15 THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE S 00 ' 07' 56" W 110.26 FEET; THENCE, S 00' 15' 39" W 1945.00 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE STATE HIGHWAY 14 -EAST FRONTAGE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89' 32' 32" W 1417.34 FEET ALONG SAID NORTHERLY LINE; THENCE N 00' 29' 22" E 403.53 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF INTERCHANGE BUSINESS PARK SUBDIVISION; THENCE THE FOLLOWING SEVEN (5) COURSES ON AND ALONG SAID EASTERLY LINE, N 32' 15' 02" E 688.50 FEET; THENCE, S 89 ' 40' 58" E 362.73 FEET TO A POINT OF A COMPOUND CURVE CONCAVE TO THENORTHWEST; THE FIRST CURVE HAS A LENGTH OF 451.81 FEET WITH A CENTRAL ANGLE OF 44' 15' 02" A RADIUS OF 585.00 FEET AND A CHORD WHICH BEARS N 48' 01' 16" E 440.66 FEET TO THE POINT OF THE SECOND CURVE HAVING A LENGTH OF 437.67 FEET WITH A CENTRAL ANGLE OF 31 ' 56' 40" A RADIUS OF 785.00 FEET AND A CHORD WHICH BEARS N 09 ' 55' 25" E 432.02 FEET; THENCE N 06' 02' 54" W 215.77 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF COLORADO HIGHWAY 14 (A.K.A. EAST MULBERRY STREET); THENCE LEAVING SAID LINE OF THE INTERCHANGE BUSINESS PARK SUBDIVISION, N 00- 45' 02" E 129.27 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 15; THENCE, N 00' 57' 01" E 40.94 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF- WAY LINE OF COLORADO HIGHWAY 14 (A.K.A. EAST MULBERRY STREET); THENCE, PROCEEDING ALONG SAID NORTHERLY RIGHT-OF-WAY, S 89- 02' 59" E 311.23 FEET; THENCE S 00' 02' 07" W 39.72 FEET TO THE NORTH QUARTER CORNER OF SAID SECTION 15 AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 38.68 ACRES MORE OR LESS RESOLUTION 2005-087 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE WATERDALE ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Waterdale Annexation; and WHEREAS, following notice given as required by law, the Council has held a heating 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 further 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 Waterdale 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 held this 16th day of August, A.D. 2005. Mayor ATTEST: City Clerk W!i Waterdale N Annexation A e�Q w z p Z W.N E MULBERRY ST o DERROSE CT �n O c(� ' W a'?� m Q W -- - z q, Waterdale Annexation o a w Z z LL O � LL w State Highway 14 - East Frontage Road Annexation J UR Li11LJJ C 15RENTDN DR TTrr_I_-t-r �. WITHE.AS D4 z Legena Parcels Industrial DitchesrStreams Low Density Mixed -Use Neighborhood - Commercial Urban Estate 0 400 800 1,600 - Employment Feet August 16, 2005 -5- Item No. 14 A-C Comaliance with —St —ate —Law As mentioned, the annexation has 27.77% of its perimeter boundary contiguous with existing City limits which exceeds the required one -sixth as mandated by State law. Further, the parcel is found to have a community of interest with the City and the parcel is expected to urbanize shortly. Findings of Fact/Conclusion In evaluating the request for the Waterdale 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 IGA. B. The annexation is consistent with the terns of the Annexation Agreement voluntarily executed by the Managing Member of the American Retirement Properties, L.L.C., on June 29, 2000. This Agreement allows the City of Fort Collins to annex the parcel upon gaining the necessary one -sixth contiguity. C. The parcel meets all criteria included in State law to qualify for annexation by the City of Fort Collins. D. The requested zone district, L-M-N, Low Density Mixed -Use Neighborhood, is in conformance with the City's Comprehensive Plan (I-25 Sub Area Plan) and the City Structure Plan Map. E. The Planning and Zoning Board recommended the parcel be placed within the Residential Neighborhood Sign District. F. On July 5, 2005, City Council approved the Resolution which accepted the annexation petition and determines that the petition is in compliance with State law. Planning and Zoning Board Recommendation On July 21, 2005, the Planning and Zoning Board voted 6 — 1 to recommend annexation into the municipal boundary, placement into the L-M-N zone district and inclusion into the Residential Sign District. The reason for the one dissenting vote was to express concern that annexing parcels that are solely residential typically costs the City more in the provision of urban services than revenues generated. ATTACHMENTS 1. Vicinity Map August 16, 2005 -4- Item No. 14 A-C other areas within the sub area and the proposed densities of f ve (5) to eight (8) units per acre in the Low Density Mixed -Use Neighborhood classification are in keeping with existing development. Two undeveloped properties, east of 1--25, are included in the low density neighborhood classification; one (35 acres) is located north of East Mulberry Street immediately east of the Cloverleaf Mobile Home Park, and the other (45 acres) is located within 112 mile south of East Mulberry Street, with its western border adjacent to Boxelder Creek. " The entire 38.69 acres are located within 1/2 mile of East Mulberry Street. The parcel is contiguous to two County residential subdivisions. Therefore, the applicant has applied for L- M-N zoning in conformance with the I-25 Sub Area Plan. C. Boxelder Creek The Sub Area Plan identifies the 100-year floodplain of Boxelder Creek as a valuable open land amenity within the corridor. Boxelder Creek runs north -to -south immediately to the west of the subject parcel parallel to the Frontage Road. This area is not a part of the annexation. Zoning The Planning and Zoning Board voted 6 — 1 to recommend placement into the Low Density Mixed -Use Neighborhood zone district. According to the Land Use Code: "This district is intended to be a 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. Any new development in this District 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." In addition, the Planning and Zoning Board recommended the parcel be placed within the Residential Neighborhood Sign District which was created for the purpose of regulating signs for non-residential uses in certain geographic locations of the City. The applicants are in agreement with this designation. August 16, 2005 -3- Item No. 14 A-C W: County - C Commercial; Existing mix of commercial, including drive -through restaurant and vacant platted parcels. The parcel gains the necessary one -sixth contiguity along the entire south and a portion of the west property lines. Of the total perimeter boundary, the parcel has 27.77% 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 IGA and is eligible for annexation. One of the stated intents of the IGA 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 an annexation that is proceeding under the Power of Attorney granted to the City Clerk by the terms of the Annexation Agreement. The parcel is not an enclave. On July 5, 2005, City Council approved a Resolution which accepted the annexation petition and established that the petition is in compliance with State statutes. Consistency with the I-25 Sub Area Plan A. City Plan Principles and Policies As mentioned, the parcel is contained within the I-25 Sub Area Plan. This sub -area plan is a component of the I-25 Regional Communities Corridor Plan which was adopted by the City Council in November of 2001. The I-25 Sub Area Plan was adopted on August 19, 2003. City Plan Principle LU4 states: "More specific subarea planning efforts will follow adoption of these City Plan Principles and Policies which tailor City Plan's city-wide perspective to individual neighborhoods, districts, corridors and edges. " City Plan Policy LU4.5 states: "The following areas have been identified as priority for future subarea planning: • I-25 Corridor • Mountain Vista • East Mulberry • Fossil Creek Reservoir Area " B. L-M-N Zoning The I-25 Sub Area Plan calls for a mix of neighborhoods and densities. The Plan states: "The Low Density Mixed -Use Neighborhood classification represents, for the most part, existing residential neighborhoods that were developed in unincorporated Larimer County, and located within % mile both north and south of Mulberry Street (Highway 14), including some manufactured housing developments. The Mulberry Street corridor is more urban in character than August 16, 2005 -2- Item No. 14 A-C 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 IGA and is eligible for annexation. This is a voluntary annexation under the terms of the Annexation Agreement 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 L-M-N, Low Density Mixed -Use Neighborhood, is in compliance with the City's Comprehensive Plan, Structure Plan Map and the I-25 Sub Area Plan. The Planning and Zoning Board recommends the parcel be placed within the Residential Neighborhood Sign District. The Initiating Resolution was considered by City Council on July 5, 2005 and approved. On July 21, 2005, the Planning and Zoning Board voted 6 — 1 to annex the property, placement into the L-M-N zone and inclusion in the Residential Neighborhood Sign District. Annexation Agreement On June 29, 2000, the Managing Member of the American Retirement Properties L.L.C. entered into a voluntary Annexation Agreement granting the City of Fort Collins the ability to annex the Waterdale project. The property will gain the necessary one -sixth contiguity by the annexation of State Highway 14 — East Frontage Road Annexation. The Managing Member is aware that the City of Fort Collins is proceeding with the annexation under the terms of the Agreement. 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) IGA, the City will agree to consider for annexation property in the U.G.M.A. when such property is eligible for annexation according to State law. According to Section 8A of the I.G.A., 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: County — C Commercial and FA-1 Fanning; Partially developed area with a mix of existing residential, commercial and vacant ground; S: County — FA-1 Farming; Vacant (State Highway 14 — East Frontage Road Annexation — Lot Two Lee Minor Land Division); E: County — R- I Residential; Existing residential (Clydesdale Park Subdivision); AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 14 A-C DATE: August 16, 2005 STAFF: Ted Shepard SUBJECT Items Relating to the Waterdale Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY A. Public Hearing and Resolution 2005-087 Setting Forth Findings of Fact and Determinations Regarding the Waterdale Annexation. B. First Reading of Ordinance No. 088, 2005, Annexing Property Known as the Waterdale Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 089, 2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Waterdale Annexation to the City of Fort Collins, Colorado. This is a City -initiated application, by virtue of a signed Annexation Agreement, to annex and zone a 38.69 acre parcel. The site is also known as Sunflower Manufactured Home Subdivision and located south of East Mulberry Street approximately one-half mile east of Interstate 25. Contiguity with the existing municipal boundary is gained along the entire south and a portion of the west boundaries which abut the State Highway 14 — East Frontage Road Annexation. The recommended zoning is L-M-N, Low Density Mixed -Use Neighborhood which is in conformance with the I-25 Sub Area Plan. 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 (hereafter "IGA"), the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The parcel gains the necessary one -sixth contiguity along the entire south property line and a portion of the west property line. Of the total perimeter boundary, the parcel has 27.77%