Loading...
HomeMy WebLinkAboutKECHTER CROSSING - ANNEXATION & ZONING - ANX120008 - 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 20th day of November, A.D. 2012, and to be presented for final passage on the 4th day of December, A.D. 2012. Mayor Pro Tem ATTEST: City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 136, 2012 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 KECHTER CROSSING 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 City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that 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 Kechter Crossing Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed -Use Neighborhood ("L-M-N") Zone District, which property is more particularly described as: Lots 1 through 11, inclusive, Block 1, Lots 1 through 11, inclusive, Block 2, Lots 1 through 9, inclusive, Block 3, Lots 1 through 5, inclusive, Block 4,. Lots 1 through 3, inclusive, Block 5, Lots 1 through 4, inclusive, Block 6, Lots 1 through 2, inclusive, Block 7, Lots 1 through 6, inclusive, Block 8, Lots 1 through 5, inclusive, Block 9, Lots 1 through 3, inclusive, Block 10, Lots 1 through 8, inclusive, Block 11, Lots 1 through 8, inclusive, Block 12, Common Area A, Common Area B, Common Area C, Common Area D, Outlot A, and Outlot B, inclusive, Kechter Crossing PLD, Being a Replat of Lots 1 and 2, Feldman M.R.D. #97- EX1094, County of Larimer, State of Colorado. 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 20th day of November, A.D. 2012, and to be presented for final passage on the 4th day of December, A.D. 2012. Mayor Pro Tern ATTEST: City Clerk Passed and adopted on final reading on the 4th day of December, A.D. 2012. Mayor ATTEST: City Clerk ORDINANCE NO. 135, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE KECHTER CROSSING ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2012-095, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines 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: Lots 1 through 11, inclusive, Block 1, Lots 1 through 11, inclusive, Block 2, Lots 1 through 9, inclusive, Block 3, Lots 1 through 5, inclusive, Block 4, Lots 1 through 3, inclusive, Block 5, Lots 1 through 4, inclusive, Block 6, Lots 1 through 2, inclusive, Block 7, Lots 1 through 6, inclusive, Block 8, Lots 1 through 5, inclusive, Block 9, Lots 1 through 3, inclusive, Block 10, Lots 1 through 8, inclusive, Block 11, Lots 1 through 8, inclusive, Block 12, Common Area A, Common Area B, Common Area C, Common Area D, Outlot A, and Outlot B, inclusive, Kechter Crossing PLD, Being a Replat of Lots 1 and 2, Feldman M.R.D. #97- EX1094, County of Larimer, State of Colorado is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Kechter Crossing Annexation, which annexation shall become effective upon completion of the conditions 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. RESOLUTION 2012-106 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE KECHTER CROSSING ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Kechter Crossing Annexation; and WHEREAS, following notice given as required by law, the City 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 City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 2. That the City 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 City 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 City 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 City Council concludes that the area proposed to be annexed in the Kechter Crossing 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 20th day of November A.D. 2012. Mayor Pro Tern ATTEST: City Clerk ATTACHMENT 5 Planning & Zoning Board October 18, 2012 Page 2 driving change in the system. He thinks that's a bad way to do things and he would look to this Board to provide leadership to make sure that citizens input makes it into the city's processes. Chair Smith asked if any member of the audience, the Board or staff wanted to pull an item from consent. No one did. Consent Agenda: • Minutes from the September 13 and 20, 2012 Hearings • Provincetowne P.U.D. Third Filing, One -Year Extension of Final Plan Vested Rights, #73-82X • Kechter Crossing Annexation #ANX120008 • Bucking Horse, Second Filing, Project Development Plan, PDP #120022 Discussion Agenda: • Land Use Code Amendments for Multi -Family Housing, Phase 2 — REMOVED due to additional staff work required. It will be considered on the Board's November 15, 2012 discussion agenda. Member Campana left the room due to a conflict on one of the items on the consent agenda Member Schmidt made a motion that the Planning and Zoning Board approve the consent agenda with consists of Minutes from the September 13 Special Hearing and the September 20, 2012 Hearing, the Provincetowne P.U.D. Third Filing, One -Year Extension of Final Plan Vested Rights, #73-82X, the Kechter Crossing Annexation #ANX120008, and the Bucking Horse, Second Filing, Project Development Plan, PDP #120022. Member Carpenter seconded the motion. The motion was approved 5:0. Other Business: None The meeting was adjourned at 6:30 p.m. Laurie Kadrich, CDNS Director Andy Smith, Chair N W E d ins OIS 5 Miles 0 0.25 0.5 0.75 cm ar rmrrcx.ux� oroxurwc xwxnnox n'mx eur mcoum ri City Limits = Growth Management Area Ca Loveland GMA Fossil Creek Project Area w Resource Management Area Master Street Plan Collector 2 Lanes Arterial Lanes Arterial 4 Lanes ss� Major Arterial Lanes Interstate -- Collector 2 Lanes - Outside GMA C Unified Development Plan Needed Arterial 2 Lanes - Outside GMA Parcels Arterial 4 Lanes - Outside GMA ® Natural Areas —= Major Arterial 6 Lanes -Outside GMA o Water Proposed Trail �x Existing Trail Adopted: March 28, 1998 Amended: September 19, 2006 Kechter Crossing ATTACHMENT 3 Fora Collins PlanbFortCollins nis Boundaries Fort Collins GMA Potential GMA Espandan Other City GMA planning Area 77 Adjacent Planning Areas lti� City Llmita Structure Plan is dr Downtown District VCommunity commercial District General Commercial District Neighborhood Commercial District Campus District Employment District industrial District Neighborhoods Edges Corridors Urban Estate Community Separator me Open Lands, Park. and Water Corridors Low Density Mded-Use foothills Poudre River Corridor _. MedWm Density Mi.ed.Use Rural Lenda Enhanced Travel Corridor (Transit) w�s ® Annexation -Area 1 inch = 0.3 miles City of Fort Collins Zoning Map Kechter Crossing Kechter Annexations UE 1,28�3 Q� Kechter Crossing Annexation Proposed Zoning: L-M-N �d"cam Kechter BACON ELEMENTARY �'f� Farm ZEPHYR RD ©Oo❑off ��a❑ ❑B°❑° o °❑DOEYU❑ ❑°❑°per ❑ a❑ao❑°o❑oo�o� MMN 1 mcn = bUU TE Legend N City Zoning Limited Commercial Low Density Mixed -Use Neighborhood - Public Open Lands 1 ZONE ® Service Commercial Q Neighborhood Conservation Buffer River Conservation NCM ® Employment Neighborhood Conservation Low Density Urban Estate = Low Density Residential (RL) waterBodies a. November 20, 2012 -4- ITEM 23 ATTACHMENTS 1. Vicinity Map 2. Zoning Map 3. Structure Plan Map 4. Fossil Creek Reservoir Area Land Use Map 5. Planning and Zoning Board minutes, October 18, 2012 November 20, 2012 -3- ITEM 23 Findings 1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 2. The requested placement into the Low Density Mixed -Use Neighborhood District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. 3. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Amended Intergovernmental Agreement— Growth Management Area. 4. On October 16, 2012, the City Council adopted Resolution 2012-095 that accepted the annexation petition and determined thatthe 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. 5. The requested L-M-N, Low Density Mixed -Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. 6. The annexation and zoning request is in conformance with the Land Use Code. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on October 18, 2012 and voted 5-0 to recommend approval of the annexation, placing the property in the Low Density Mixed -Use Neighborhood Zone District and to recommend an amendment of the Residential Neighborhood Sign District Map to include the Kechter Crossing Annexation. PUBLIC OUTREACH The public notification of the annexation and zoning request occurred two weeks prior to the item going before the Planning and Zoning Board at its scheduled public hearing on October 18, 2012. A letter of notification of the public hearing was mailed to all affected property owners within 800 feet of the property, 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings. A meeting was not held for this annexation and zoning request, due to the fact that the development project was reviewed and approved in the County and a neighborhood meeting was conducted as part of the County review. As part of the County review process and approval of the Kechter Crossing Planned Land Division / Planned Development (PLD/PD), the following public hearings were conducted: The Larimer County Planning Commission unanimously recommended approval of the Kechter Crossing PLD/PD on November 21, 2007. The item remained on the consent agenda and there was no public testimony submitted at the hearing for this item. 2. The Kechter Crossing PLD/PD was approved by the Board of County Commissioners in a public hearing on January 7, 2008. The item remained on the consent agenda and there was no public testimony submitted at the hearing for this item. There has been no activity since the 2008 approval of the PLD/PD until the recent approval of the County Development Agreement dated September 18, 2012 by and between the Petitioner, Larimer County, and the City of Fort Collins. November 20, 2012 -2- ITEM 23 TDUs with any willing seller in the Sending Area holding a TDU certificate. To develop in the Receiving Area without using TDUs, the landowner or developer must have the County Planning Department determine an acceptable range of dwelling units allowed for the parcel. This number will be based on County zoning and site constraints. Dwelling units must be clustered to meet land use and density requirements with any remaining developable land being designated for "future development', and developed only by transferring TDUs from Sending Areas. Larimer County Planning Department is the primary reviewing authorityfor landowners and developers with land in the Receiving Area. Landowners in Sending Areas who wish to be compensated for limiting or foregoing the development of their land can sell transferable density units to buyers in the Receiving Area. The TDU Administrator evaluates the parcel to determine the number of transferable density units, or basic allowable TDUs. The Kechter Crossing Annexation gains the required 1/6 contiguityto existing city limits from a common boundarywith the City of Fort Collins Land Bank Property, also known as Kechter Annexation No. 3. Kechter Crossing has 50.2% of its perimeter boundary contiguous with existing City limits from this common boundary, thus satisfying the requirement that no less than one -sixth (16.66%) of the perimeter boundary be contiguous to the existing City boundary. The surrounding zoning and land uses are as follows: Zoning: Land Uses: N: County FA-1 — Farming Zoning District Blehm residential subdivision S: County FA-1 — Farming Zoning District Existing single family residence E: City L-M-N — Low Density Mixed Use City -owned Land Bank property Neighborhood District W: County FA-1 — Farming Zoning District Existing single family residence The requested zoning for this annexation is the Low Density Mixed -Use Neighborhood District (L-M-N). 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. Any new development in this District shall be arranged to form part of an individual neighborhood. The Kechter Crossing property was reviewed by Larimer County staff as a 75-lot residential neighborhood and has received final approval for development by the Larimer County Board of County Commissioners. The Petitioner and Larimer County coordinated and cooperated with the City of Fort Collins on development approvals in anticipation of this Petition for Annexation. The Kechter Crossing 75-lot single-family development is approved pursuant to a County Development Agreement dated September 18, 2012 by and between the Petitioner, Larimer County, and the City of Fort Collins. The City of Fort Collins is a parry to the County Development Agreement in anticipation of this Petition for Annexation. Lot sizes on the County -approved site plan range from 6,993 square feet to 35,861 square feet, with an average lot size of 9,521 square feet. City staff reviewed the final development plan documents for the Kechter Crossing property in anticipation of this Petition for Annexation. In addition to the County Development Agreement, the Petitioner and the City of Fort Collins have executed and recorded a City Development Agreement. The City Development Agreement also anticipates the timely annexation of the property into the City of Fort Collins. At the time of annexation, the City Development Agreement will supersede the County Development Agreement. Staff recommends 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 request is included with the annexation and initial zoning ordinances. • - 1 1 AGENDA ITEM SUMMARY �� • • - • FORT COLLINS CITY COUNCIL SUBJECT Items Relating to the Kechter Crossing Annexation. A. Resolution 2012-106 Setting Forth Findings of Fact and Determinations Regarding the Kechter Crossing Annexation. Hearing and First Reading of Ordinance No. 135, 2012, Annexing Property Known as the Kechter Crossing Annexation. C. Hearing and First Reading of Ordinance No. 136, 2012, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Crossing Annexation. EXECUTIVE SUMMARY This is a requestto annex and zone 28.9 acres located on the south side of Kechter Road, approximately 900 feet east of the intersection of South Timberline Road and Kechter Road. This annexation is not associated with the proposed Kechter Farm development, which is located southeast of the Kechter Crossing Annexation. The Kechter Crossing Annexation does not create an enclave. The surrounding properties are existing residential land uses currently zoned FA-1— Farming Zoning District in Larimer County to the north, south, and west. Adjacent to the east is a City -owned property that is part of the affordable housing Land Bank program, which was annexed and zoned Low Density Mixed —Use Neighborhood (L-M-N) on September 4, 2012. The Kechter Crossing Annexation is not proposing affordable housing as part of the approved County plan. This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins BACKGROUND / DISCUSSION This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the Citywill agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The Kechter Crossing property is in the "Receiving Area' as part of the Fossil Creek Reservoir Transfer of Density Units (TDU) Program, adopted September 22, 1998, by the Larimer County Board of Commissioners. In accordance with this program, proposed developments in the Transfer Density Unit "Receiving Area" (described below) are reviewed in the County prior to consideration for annexation. This process of County plan review, followed by annexation, was also undertaken with the Westchase and Fossil Lake neighborhoods. The TDU program provides landowners the means to transfer development potential from one parcel of land to another. The purpose is to guide future growth in the County toward areas designated for higher density development, and away from areas that have important community values. The TDU program establishes a procedure to evaluate the development potential of a parcel and translate it into tradable units, or TDU's. Lands within the Fossil Creek TDU program area fall within either the "Sending Area' or the "Receiving Area". Higher residential densities required by this Plan are located in the Receiving Area, which consists of approximately 900 acres north of Fossil Creek Reservoir. The remainder of lands covered by this Plan are in the Sending Area. Landowners who choose to develop must either cluster residential development without using TDUs or may develop by acquiring TDUs. A landowner or developer in the Receiving Area may bargain to arrive at a fair market price for