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HomeMy WebLinkAboutMINATTA ANNEXATION & ZONING - 36-05 - REPORTS - FIRST READINGSection 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 2nd day of November, A.D. 2005, and to be presented for final passage on the 15th day of November, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of November, A.D. 2005. Mayor ATTEST: City Clerk extended, a distance of 597.90 feet; THENCE North 85'25'38" East along the Northerly line of said Fort Collins - Loveland Water District Pump Station Annexation, also being the North line of Overland Trail Annexation as recorded November 10, 1994 as Reception No. 94090903, extended, a distance of 1487.51 feet to the POINT OF BEGINNING; THENCE continuing South 85'25'38" West along said Northerly line a distance of 1133.94 feet to the West line of said SE1/4; THENCE North 00'31'16" East along said West line, said line also being the East line of said Overland Trail Annexation a distance of 597.53 feet to the Center Quarter Comer of said Section 17; THENCE North 85125'09" East along said North line of said SE1/4 a distance of 1080.80 feet; THENCE South 04'34'51" East a distance of 595.32 feet to the POINT OF BEGINNING. Said parcel contains 15.132 acres more or less (t). Property Description for the LMN Zone District: A parcel of land located in the Southeast Quarter (SEI/4) of Section Seventeen (17), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter Corner (EI/4) of said Section 17 and assuming the North line of said SEl/4 to bear South 85'25'09" West a distance of 2651.92 feet with all bearings here in relative thereto: THENCE South 85'25'09" West along said North line a distance of 30.40 feet to a point on the West line of the Fort Collins Substation Annexation as recorded May 26, 1989 as Reception No. 89023302, said point being the POINT OF BEGINNING; THENCE South 00*31'30" West along the West line of said Fort Collins Substation Annexation, also being the West line of Fort Collins -Loveland Water District Pump Station Annexation as recorded April 17, 1989 as Reception No. 89016100, extended, a distance of 597.90 feet; THENCE North 85'25'38" East along the Northerly line of said Fort Collins - Loveland Water District Pump Station Annexation, also being the North line of Overland Trail Annexation as recorded November 10, 1994 as Reception No. 94090903, extended, a distance of 1487.51 feet; THENCE North 04'34'51" East to said North line of said SEI/4; THENCE North 85'25'09" East along said North line a distance of 1540.72 to the POINT OF BEGINNING. Said parcel contains 20.697 acres more or less (t). ORDINANCE NO. 131, 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 MINATTA 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 Minatta Annexation to the City of Fort Collins, Colorado, in the Residential Foothills (RF) 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: Prooertv Description for the RF Zone District: A parcel of land located in the Southeast Quarter (SE1/4) of Section Seventeen (17), Township Seven North (T.7N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter Corner (El/4) of said Section 17 and assuming the North line of said SEI/4 to bear South 85°25'09" West a distance of 2651.92 feet with all bearings here in relative thereto: THENCE South 85'25'09" West along said North line a distance of 30.40 feet to a point on the West line of the Fort Collins Substation Annexation as recorded May 26, 1989 as Reception No. 89023302; THENCE South 00'31'30" West along the West line of said Fort Collins Substation Annexation, also being the West line of Fort Collins -Loveland Water District Pump Station Annexation as recorded April 17, 1989 as Reception No. 89016100, is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Minatta 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 fast reading, and ordered published this 2nd day of November, A.D. 2005, and to be presented for final passage on the 15th day of November, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of November, A.D. 2005. Mayor ATTEST: City Clerk ORDINANCE NO. 130, 2005 OF THE COUNCIIL, OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE MINATTA ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2005-104, 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 parcel of land located in the Southeast Quarter of Section Seventeen, Township Seven North, Range Sixty-nine West of the Sixth Principal Meridian, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the East Quarter Corner of said Section 17 and assuming the North line of said SETA to bear South 85°25'09" West a distance of 2651.92 feet with all bearings here in relative thereto: THENCE South 85"25'09" West along said North line a distance of 30.40 feet to a point on the West line of the Fort Collins Substation Annexation as recorded May 26, 1989 as Reception No. 89023302, said point being the POINT OF BEGINNING; THENCE South 00'31'30" West along the West line of said Fort Collins Substation Annexation, also being the West line of Fort Collins -Loveland Water District Pump Station Annexation as recorded April 17, 1989 as Reception No. 89016100, extended, a distance of 597.90 feet; THENCE North 85'25'38" East along the Northerly line of said Fort Collins - Loveland Water District Pump Station Annexation, also being the North line of Overland Trail Annexation as recorded November 10, 1994 as Reception No. 94090903, extended, a distance of 2621.45 feet to the West line of said SE1/4; THENCE North 00'31' 16" East along said West line, said line also being the East line of said Overland Trail Annexation a distance of 597.53 feet to the Center Quarter Corner of said Section 17; THENCE North 85'25'09" East along said North line of said SE1/4 distance of 2621.52 feet to the POINT OF BEGINNING. Said parcel contains 35.829 acres more or less (t). RESOLUTION 2005-114 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE MINATTA ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Minatta 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 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 Minatta Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a special meeting of the Council of the City of Fort Collins held this 2nd day of November, A.D. 2005. Mayor ATTEST: City Clerk Minatta Annexation — Statement of Principles and Policies The parcel is in west Fort Collins near the intersection of Overland Trail and West Elizabeth. The 35 acre site is a long rectangular shape, approximately 600' wide by 2622' long. It is bordered on three sides by the city of Fort Collins and its inclusion into the city is consistent with Principle LU.1: "promoting a compact development pattern within a well-defined boundary". Overland Trail is the eastern boundary and "The Ponds" subdivision makes up the southern and western boundaries. The CSU Foothills Campus makes up the northern boundary and is in the county It is within the City of Fort Collins Growth Management Area (UGA) and the current zoning is Larimer County FA-1. The City Structure Plan delineates the easterly 20 acre portion as Low Density Mised-Use (LMN) and falls within the "Infill Area" as defined in Land use Code 5.1. The infill designation is a primary means of identifying a targeted area to be encouraged as a location for development as referred to in Policy LU4.7. The structure plan designates the westerly 15 acre portion as Residential Foothills District (RF). The property was originally purchased by Evelyn Minattas parents, Sam and Elvira Aranci in 1929. There are two residences on the site. One is the primary residence of Sam Minatta, one of the family owners who have lived at the site since 1972 and the other is a rental property. The greater part of the site has primarily been utilized as pasture for horses and cattle for the last fifty years. Pedestrian and vehicle connectivity with the neighborhood to the south is made by two existing points of access where Banyon and Sunflower Drives stub into our site and also provides the extension of city utilities. We are currently negotiating with CSU to acquire .15 acres of their property that is necessary to become ROW and allow West Elizabeth to extend across Overland Trail. This will provide the main point of access for the site from the arterial, Overland Trail. We intend to comply with the City Structure Plan, Policy L.U-3.1 "General Area Designations" for this site and within the LMN and RF zoning, provide a mix of single family homes and multifamily town houses. The single family homes will be similar in square footage and lot size to the homes in the neighboring "Ponds" development. The Townhomes will be clustered near the Overland Trail frontage on approximately 4 acres. We are proposing densities of 6 to 8 units per acre in this multi family site, which will be slightly less but comparable to Lory Ann Estates and Scenic Views densities directly across Overland Trail. These proposed types of housing and densities will maintain and enhance the already existing character as suggested in Principle LU-2 The City of Fort Collins wants to build a 4 acre regional detention pond on our property and we are currently negotiating a purchase offer. We are in agreement with the Cities pond design and have incorporated it into our preliminary site plan. A .7 acre parcel owned by the Fort Collins Loveland Water District is included in this annexation. The FCLWD parcel is at the south east comer of the site and is separated from our property by the PV&L Canal. We sold this parcel to the FCLWD through a county MRD process in March of 2000. John Minatta #36-05 Minatta Annexation & Zoning 9/7'2005 N 1 inch equals 600 feet November 2, 2005 -3- Item No. 8 A-C Districts, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of the Comprehensive Plan, suggests that Urban Estate and Low Density Mixed -Use Neighborhoods are appropriate in this location. Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. Findin s 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On September 20, 2005, the City Council approved a resolution that accepted the annexation petition and determined that the petition was in compliance with State law. The resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested RF - Residential Foothills and LMN — Low Density Mixed -Use Neighborhood Zoning Districts are in conformance with the policies of the City's Comprehensive Plan. Staff Recommendation Staff recommends approval of the annexation and requested zoning of RF - Residential Foothills and LMN - Low Density Mixed -Use Neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. Planning and Zoning Board Recommendation The Planning and Zoning Board, at its regular monthly meeting of October 20, 2005, voted 7-0 to recommend approval of the annexation. The Board voted 7-0 to recommend that the property be placed in the RF - Residential Foothills and LMN - Low Density Mixed -Use Neighborhood Zoning Districts. The Planning and Zoning Board voted 7-0 to recommend that this property be included in the Residential Neighborhood Sign District. November 2, 2005 -2- Item No. 8 A-C APPLICANT: John Minatta 2037 Lexington Court Fort Collins, CO 80526 OWNERS: John Minatta Al Minatta 2037 Lexington Court 1313 Fairway Five Drive Fort Collins, CO 80526 Fort Collins, CO 80524 Sam Minatta Evelyn Minatta 1101 South Overland Trail 2903 Blue Leaf Fort Collins, CO 80521 Fort Collins, CO 80526 BACKGROUND The applicant, John Minatta, on behalf of the property owners, John Minatta, Al Minatta, Sam Minatta, and Evelyn Minatta, has submitted a written petition requesting annexation of 35.829 acres. The property is located on the west side of Overland Trail, at the southwest comer of the Overland Trail - West Elizabeth Street intersection. The property is partially developed, containing one existing single-family residence (with out -buildings) and a portion of the existing Fort Collins -Loveland Water District Pump Station. It is in the FA1 — Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is RF - Residential Foothills and LMN — Low Density Mixed -Use Neighborhood. The surrounding properties are zoned RL - Low Density Residential and LMN - Low Density Mixed Use Neighborhood in the City to the east, RF - Residential Foothills and RL - Low Density Residential in the City to the south, RF — Residential Foothills in the City to the west, and FA1— Farming in Larimer County to the north. This is a 100% voluntary annexation. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Asreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City Iimits from common boundaries with the Fort Collins -Loveland Water District Pump Station Annexation (in April, 1989) to the south, the Fort Collins -Loveland Substation Annexation (in May, 1989) to the east, and the Overland Trail (1994) Annexation (in September, 1994) to the south. The surrounding zoning and land uses are as follows: N: FAl in Larimer County; property owned by Colorado State University E: RL, LMN; existing single-family residential S: RF, RL; existing single-family residential W: RF; existing single-family residential, open space The requested zoning for this annexation is the RF - Residential Foothills and LMN — Low Density Mixed -Use Neighborhood Zoning Districts. There are several uses permitted in these AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT Items Pertaining to the Minatta Annexation and Zoning. RECOMMENDATION ITEM NUMBER: 8 A-C DATE: November 2, 2006 STAFF: Steve Olt Staff recommends approval of the annexation and requested zoning of RF - Residential Foothills and LMN - Low Density Mixed -Use Neighborhood. The Planning and Zoning Board voted 7-0 to recommend approval of the annexation; and, the Board voted 7-0 to recommend that the property be placed in the RF - Residential Foothills and LMN - Low Density Mixed -Use Neighborhood Zoning Districts. The Planning and Zoning Board voted 7-0 to recommend that this property be included in the Residential Neighborhood Sign District. EXECUTIVE SUMMARY A. Resolution 2005-114 Setting Forth Findings of Fact and Determinations Regarding the Minatta Annexation. B. Hearing and First Reading of Ordinance No. 130, 2005, Annexing Property Known as the Minatta Annexation. C. Hearing and First Reading of Ordinance No. 131, 2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Minatta Annexation. This is a request to annex and zone 35.829 acres located on the west side of Overland Trail, at the southwest comer of the Overland Trail - West Elizabeth Street intersection. The property is partially developed, containing one existing single-family residence (with out -buildings) and a portion of the existing Fort Collins -Loveland Water District Pump Station. It is in the FAl — Farming Zoning District in Larimer County. The requested zoning in the City of Fort Collins is RF - Residential Foothills (15.132 acres) and LMN — Low Density Mixed -Use Neighborhood (20.697 acres). Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map.