HomeMy WebLinkAboutSTATE HIGHWAY 14, EAST FRONTAGE ROAD - ANNEXATION & ZONING (RESUBMITTAL) - 20-00 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS-25 cor'ndor design under way
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By MATTHEW BENSON
MattBenson@coloradoan.com
While discussions con-
tinue on future develop-
ment along Interstate 25 in
Northern Colorado, Fort
Collins is taking a closer
look at its portion of the
highway corridor.
City staff is putting the
finishing touches on the I-25
Subarea Plan, which covers
land uses and design stan-
dards along the corridor
from Larimer County Road
52 to just south of Prospect
Subarea Plan outlines developmental guidelines, land use
Road. City Council is sched-
uled to vote on the plan,
"sometime before the end of
the year," City Planner Ken
Waido said.
While the plan addresses
a variety of development
guidelines, from parking lot
sizes to landscaping require-
ments, these are the key
components:
■ Hotels, restaurants and
convenience shopping —
so-called "secondary uses"
— would be set back from
the interstate at least a quar-
ter -mile in the employment
and industrial zoning dis-
tricts. There also would be a
quarter -mile interstate
buffer for single-family
housing.
■ Clustering would be
required for single-family
housing within a quarter -
mile and half -mile of I-25.
■ There would be an 80-
foot minimum setback for
buildings along the inter-
state. In addition, the plan
would require that building
frontage along the road ac-
count for no more than half
of the lot's total frontage.
The plan doesn't address
the issue of expanding the
city's growth management
area, or GMA, east of I-25.
Waido said he's generally
happy with the plan, and
that it would help the corri-
dor develop in an orderly
fashion and without the
canyon effect of buildings
lining the roadway.
As part of the subarea
plan, the city is laying the
groundwork for the future
location of a regional shop-
ping center at the northeast
corner of the Mulberry
Street/I-25 interchange. The
50-acre Larimer County site
would require some rezon-
ing from its current mostly -
industrial designation, as
well as about $30 million in
improvements to the inter-
change.
City staff pushed for the
shopping center to be locat-
ed farther south on the
northeast corner of the
Prospect Road/I-25 inter-
change, but the council has
thus far nixed that idea.
Councilman Eric Hamrick
See CORRIDOR/Page B8
said the Mulberry interchange is
better suited for a large-scale de-
velopment. He envisions three
distinct entry -points for Fort
Collins, with Harmony Road as
the technology gateway, Mulber
ry Street as the commercial/in-
dustrial gateway and Prospect
Road as the natural gateway.
"I think we want to keep (de-
velopment along Prospect) as low
density as possible," Hamrick
said. "I don't feel like we have to
develop every interchange along
I-25 in Fort Collins. All that s go-
ing to do is lead to more traffic
and congestion."
Councilwoman Karen Weitku-
nat said she's frustrated with the
prevailing notion that Prospect
Road is off limits to development.
In addition, she said the plans
two housing units per acre re-
striction is contrary to the city's
goals for density and would make
the creation of affordable housing
impossible.
Affordable housing generally
requires densities of at least 12
units per acre.
12-10-02;12:36AM;
Construction and Development
December 10, 2002
Fort Collins Planning and Zoning Board
Ted Shepard, Chief Planner
Community Planning and Environmental Services
281 North College Avenue
Fort Collins, CO 80522-0580
Re: State Highway 14/East Frontage Road Annexation
Dear Board Members:
'RECEIVED
pEC 10 2W
CURRENT PLANNING
As the developer of the Clydesdale Park Subdivision, contiguous to the above referenced
proposed annexation and LMN, Low Density Mixed Use zoning, we would like to express our
support for this annexation and the LMN zoning.
Clydesdale is a close to fully improved county subdivision consisting of 216 single-family lots on
80 acres and located directly east of the annexation. The requested LMN zoning is the closest
equivalent to the existing M-1 zoning for Clydesdale and is compatible with our existing
subdivision.
In the course of developing Clydesdale, we were required by the county to extend the collector
road (Carriage Parkway) running through our subdivision from State Highway 14 all the way to
the east property line of this annexation. This north -south collector will cross the subject property
and eventually extend to Prospect Road. A 12 inch water line is in Carriage Parkway and also to
the east property line of the annexation.
Our builders are experiencing a strong demand for houses from families that want proximity to
Interstate 25 and easy access to Downtown Fort Collins. This annexation would provide
additional, much -needed housing easily accessible to the interstate. Also, the extensive amount
of acreage in the vicinity and available for retail and employment uses would seem to support
additional opportunities for residential uses of the LMN density in this area east of I-25.
We support the State Highway 14/East Mulberry Annexation and LMN zoning for the above -
stated reasons, and urge the Board's approval.
President, Stoner and Company
2815 East Harmony Road, #108 • Fort Collins, Colorado 80528 • Phone: (970) 229-1952 • Fax: (970) 229-1951
Sincere Service since 1952
of both the 1-25 Regional and 1-25 Subarea Plan by setting aside this 10 acres as
open space within a development plan.
The applicant leaves to your guidance whether a draft annexation agreement
including these conditions for annexation should accompany the petition or
whether the conditions are sufficiently clear to be discussed without a draft
agreement as part of the public hearing process. Attached is an updated Petition
for Annexation along with ten (10) copies of the annexation map containing a
current vicinity map and the revised annexation name as the State Highway 14-E.
Frontage Road Annexation.
Thank you for the guidance from staff regarding this petition for annexation and
zoning.
Sincerely,
Lester M. Kaplan
Imago Enterprises, Inc.
E^
d. 1-25 Access. A fully -improved collector road, Carriage Parkway, dead ends
at the east boundary and connects this property to a signalized intersection
at State Highway 14 about one-half mile east of 1-25. The property is within
minutes from the improved I-25/State Highway 14 interchange. Easy
access to 1-25 reduces vehicle -miles -traveled and has low demand on
existing city roadways
e. Existing Infrastructure. The property has improved collector street access
from Carriage Parkway to the east, adequate sanitary sewer extending
through the property, a 12 inch domestic water line to the east boundary,
and an existing storm water conveyance and outflow location.
f. Inconsistent with Purpose of Urban Estate District. The proposed LMN
zoning district is the lowest density planned residential district in the Land
Use Code, except for the Urban Estate District (U-E), where the maximum
density is 2 d.u./acre. The main purposes of the U-E district are to assure
compatibility with adjoining, existing low -density subdivisions and to
provide a transition between intense urban development and rural or open
lands (Division 4.1A of Land Use Code). Neither purpose is applicable with
regard to this annexation.
4. Open Space Conditions Accompanying Annexation and LMN Zoning
The applicant is agreeing to retain the open land character of the
approximately 10 acre frontage of the property, defined as the area between
the frontage road and the east boundary of the existing federal floodplain.
Most of this property, excluding about two (2) acres, is in the Boxelder Creek
floodplain. This represents a downzoning from the existing C-commercial
zoning district in the county.
This area has been identified by the City as one of the three (3) potential
locations for open lands along the City's portion of the 1-25 corridor. Achieving
this open lands objective through voluntary means is an opportunity to
advance the Open Lands and Natural Areas objectives of the 1-25 Regional
Plan at no public acquisition cost. The applicant would in turn require of the
city that the entire 47 acres be zoned LMN and qualify as part of the net land
area for the purpose of density calculations.
In summary, 64 percent of this property adjoins urban density development, and
the prerequisite water, sanitary sewer, storm sewer and improved roadway
access are to the property. The "final draft" of the city's 1-25 Subarea Plan
indicates the requested LMN zoning for the property. The "final draft" also
identifies the west approximate 10 acres as a significant location for open lands.
The applicant is prepared to support the conservation and open lands objectives
5
a. The current, "final draft" of this planning effort shows the LMN zoning
district for the entire 47 acre property, including the approximately 10
acres facing the frontage road and currently zoned C-commercial in
Larimer County.
b. The planning process has identified three (3) significant locations in the
Fort Collins portion of the 1-25 corridor for open lands, which locations
were discussed with City Council at its January 22, 2002 work session.
One such location is the approximately 10 acre frontage of this property,
most of which is in the existing Boxelder Creek floodplain. The LMN
zoning district for the entire property allows the applicant to support this
open land objective within this commercially -zoned area.
The applicant would concede to a downzoning from C-commercial for this
west portion of the property. The applicant would also agree to preserve
the open lands character of that portion as part of the site design for the
entire property. This would contribute to the conservation and open land
objectives of both the City -adopted 1-25 Regional Plan and City Council's
January 22, 2002 direction for the Subarea Plan, while placing the
appropriate zoning on the property.
Designation of this property for the LMN zoning district in the "final draft" of
the 1-25 Sub Area Plan is indicative of many factors which support this land
use, including the following:
a. Abutting Development. Sixty-four percent (64%) of the property's perimeter
is contiguous to existing "urban density development" as defined in the
Land Use Code. This existing development is either commercial or a
residential density in the county similar to the city's LMN zoning district.
b. Neighboring Employment Potential. The property is within one mile of one
of the highest concentrations of employment and industrial land uses in the
entire Urban Growth Area. The Interstate Business Park is adjacent to the
north, and 85 acres of Industrially -zoned land in the city limits is to the
south. Over 160 acres of E-employment zoned land is on the west side of
1-25 and also in city limits.
c. Neighboring Shopping Potential. The property is also within one mile of
one of the highest concentrations of retail and commercial land uses in the
entire Urban Growth Area. The 1-25/Prospect intersection includes
approximately 25 acres of C-commercial zoned property. Also, the
potential exists for a regional "activity center" as defined by the 1-25
Regional Plan at both the NE corner of 1-25/Prospect and the NE corner of
1-25/State Highway 14.
4
2. Background
The 47.15 acre area of the State Highway 14/East Frontage Road Annexation
(previously the "Prospect/East Frontage Road Annexation") was submitted to
the city in July 2000. The annexation was in conjunction with a
comprehensive rezoning request by another applicant for the adjoining
Galatia Property at the northeast intersection of 1-25 and Prospect Road. In
staffs September 1, 2000 letter to the applicants, staff recommended that an
amended petition be submitted before any further processing of that rezoning
request. An amendment to the rezoning has not been submitted by that
applicant, and the rezoning application is inactive.
Regarding the subject annexation, staff supported the annexation but
recommended that the property be zoned T-transition until the adoption of the
1-25 Subarea Plan, which was estimated to occur in the spring of 2001.
Rather than proceeding with the annexation and a "holding" zone district, the
applicant waited for the spring 2001 Plan adoption. The applicant was then
advised by staff to expect an August or September 2001 Plan adoption, which
also did not occur.
Staff is not longer giving a timeline for the 1-25 Subarea Plan. In that the Plan
attempts to address the controversial issue of where to place the Growth
Management Area boundary east of 1-25, any adoption of an 1-25 Subarea
Plan is now intertwined with the ongoing five year update to City Plan,
scheduled as an 18 months process, but which may also take considerably
longer.
The question of whether the existing Growth Management Area boundary
one-half mile east of this property should or should not change is not material
to the zoning of this property for several reasons. First, delaying land use
decisions based upon something that may or may not change in the future is
unfair and legally questionable.
Second, the City has more than adequate planning criteria through existing
policies to rationally determine a land use for this property. Finally, the two
and one-half year effort on the 1-25 Subarea Plan has certainly produced
sufficient additional direction for zoning this 47 acre property at the time of
annexation, despite the outcome of the GMA boundary question.
3. Justifications for LMN Zoning District
Two significant outcomes of the 1-25 Subarea Plan planning process to date
support the LMN zoning district for this property:
3
The property appears to be consistent with both the City's Compact Urban
Growth Standards (requiring only 1/6th contiguity) and Adequate Public
Facilities criteria as stated in the Land Use Code. There are 1) improved
collector street access from Carriage Parkway to the east, 2) adequate
sanitary sewer extending through the property, 3) a 12 inch domestic water to
the east boundary, and 4) an existing storm water conveyance and outflow
location on the property.
Directly to the south is the Galatia Annexation at the northeast intersection of
1-25/ Prospect Road in the city limits. This 230 acre undeveloped property is
comprised of industrial, commercial and residential land uses and includes a
100 site along Prospect Road and owned by the Poudre R-1 School District
for a future high school location.
Three developed county subdivisions in the UGA border the property to the
north and east:
• Interchange Business Park, consisting of 65 acres at the southeast
intersection of 1-25/Prospect Road.
• Sunflower Subdivision, a senior -oriented, modular home neighborhood
on 37 acres at 5 du/acre. Rezoned 1981 in the county from FA-1 to R-1.
• Clydesdale Subdivision, a single-family neighborhood on 80 acres at 3
du/acre. Rezoned 2000 in the county from FA-1 to M-1.
Each of these three developments are subject to the IGA agreement between
the city and the county requiring future annexation to the city following the
establishment of the required 1/6t" contiguity to city limits.
The west approximately 10 acres of the property (less 2 acres along the
frontage road) are in the existing Boxelder Creek federal floodplain. The creek
traverses north -south through the middle of this 10 acre area. This floodplain
is eligible for modification to allow development. Such floodplain revisions
have already occurred in the Interchange Business Park to the north where
there is now commercial development.
The city is currently evaluating the Boxelder Creek and Cooper Slough
Floodplain and is tentatively showing, before any master planning,
approximately 12 acres east of the designated floodplain as a sheet flow,
"shallow flooding" area. According to Marsha Hilmes-Robinson with the city's
Storm Water Department, this 12 acre area may be eliminated pursuant to the
updating to the city's storm water master plan, currently in process. But
otherwise, the property could be filled and channeled to allow development.
2
T H E
K A P L A N
I N C O R P O R A T E D
November 20, 2002
C O M P A N Y
Ted Shepard, Chief Planner
Community Planning and Environmental Services
City of Fort Collins
281 North College Avenue
Fort Collins, CO 80522-0580
Re: State Highway 14 /East Frontage Road Annexation
(formerly Prospect/East Frontage Road Annexation)
Dear Ted:
This letter is a follow-up to our November 4, 2002 meeting, which included Ken
Waido and Joe Frank, to discuss resurrecting the above -referenced annexation
petition, submitted to the city July 13, 2000. This annexation and zoning have
been on hold with the city for nearly two and one-half years in anticipation of city
adoption of the 1-25 Subarea Plan.
I understand from our meeting that there is currently no timeframe for adoption of
the 1-25 Subarea Plan other than now linking the plan to the five-year update to
City Plan. However, and as we discussed, the work already completed by staff
and consultants plus the numerous public hearings and City Council work
sessions present a planning foundation for identifying strategic open space areas
and residential densities in the vicinity of this annexation. This progress, coupled
with existing land use characteristics surrounding this property, provide a
sufficient public policy basis to proceed with annexation and zoning.
The following is a property description, background information, justifications for
the requested Low Density Mixed Use Neighborhood zoning district, and the
"open space conditions" we discussed as being part of the annexation petition:
1. Property Description
This 47.15 acre property is located on the east side of Interstate 25 between
Prospect Road and State Highway 14, with approximately 1,012 feet of
frontage along the east frontage road. The property is in the city's existing
Urban Growth Area, with 36 percent of the border contiguous to the city limits
and 64 percent contiguous to urban density development as defined by the
Land Use Code.
/'/O �OTe vL Fort Collins, Colorado 80525 • 970/226-6819 • Fax 970/287-9256
ATTACENIENT "C"
ATTORNEY CERTIFICATION
I, James A. Martell, an attorney licensed to practice in the State of Colorado,
hereby certify that I have examined the records of the Clerk and Recorder of Larimer
County, Colorado and have verified that the signers of this Annexation Petition for the
area referred to as the Mulberry -East Frontage Road Annexation to the City of Fort
Collins are owners of real property in the area proposed for annexation. Furthermore, I
certify that said owners constitute more than 50% of the landowners in the area proposed
for annexation, as said area is described on Attachment "A" of said Annexation Petition,
and own more than 50% of the land in said area, exclusive of street and alleys.
Date: November 11, 2002
ames A. Martell, Atty. Reg. No. 8390
ATTACHMENT "B"
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature therein
is the signature of the person whose name it purports to be.
Circulator's Signature.
Subscribed and sworn to before me this- ,l day of ltlzv� 20U
by
WITNESS my hand and official
3 ij--v3
Commission Expiration
7 Ge'bTA 4 0-.
Notary Nota Pu 'c
O N�9 OFCO
My Commission E*res 0311 W003
TR7'€.. J-/(��lcJ.4Y /'y"E•9,rr QONrR�c e0A_0 igNNjc�FX•97710/V
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado, to -wit:
A tract of.land situated in the NWl/4 of Section 15, Township 7 North, Range 68 West of
the 6th P.M., County of Larimer, State of Colorado, being described as follows:
Basis of bearings: The South line of the NW1/4 of Section 15, being monumented at the
easterly end by a 2-1/2" aluminum cap on a #6 rebar stamped "LS 243070'and at the westerly
end by a 3" aluminum cap stamped "RBD, Inc, LS 17483" is assumed to bear N89030'38" W, a
distance of 2643.04 feet.
Commencing at the W1/4 corner of said Section 15; thence N89030138" W, on the southerly
line of said NW1/4, a distance of 55.00 feet to the point of beginning, said point also
being on the easterly right of way line of the Interstate Highway 25 frontage road as _
shown on that certain exemption plat, recorded December 5, 1985, as Reception No.
85062073, Larimer County records;
Thence N00019137" E on said easterly right-of-way line a distance of 1011.79 feet to the
southerly line of Tract One of said exemption plat;
Thence S89040'58" E on said southerly line 'a distance of 1171.13 feet to the southeasterly
corner thereof;
Thence S00029'22" W a distance of 403.53 feet;
Thence S89032133" E a distance of 1417.34 feet to the easterly line of said NW1/4;
Thence S00615'39" W on said easterly line a distance of 612.49 feet to the center 1/4
corner of said NW1/4;
Thence N89030138" W 'on the southerly line of said NWl/4 a distance of 2588.04 feet to the
point of beginning.
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of
the City of Fort Collins, Colorado for the annexation of an are, to be referred to as the
f.o Annexation to the City of Fort
Collins. Said ar a, co sisting of approximately :J�7. acres, is more
particularly described on Attachment "A," attached hereto.
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been
met.
3.. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the.boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the
City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated
with the City of Fort Collins.
7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the
area and own more than fifty percent (50%) of the area to be annexed, excluding public
streets, alleys and lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except
as may be provided by the ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-
45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners'
property will be subject to the same mill levies and special assessments as are levied or will be levied on
other similarly situated property in the Subdistrict at the time of inclusion of. Petitioners' lands. Petitioners
agree to waive any right to an election which may exist pursuant to Article. X, §20.of he.Color,1do•, : : ,
Constitution before the Subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Petitioners also agree to waive, upon inclusion, any, right.which may exist to a refund
pursuant to Article X, §20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area
be placed in the 4 - M n/ Zone District pursuant to the Land Use Code of the City of Fort Collins.
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#20-00 State Highway 14-East Frontage Road 12/4/02 N
Annexation & Zoning
Type 11 (LUC) 1 inch : 1000 feet
City of Fort Collins
Commu...cy Planning and Environmental , .rvices
Current Planning
MEMORANDUM
TO: Planning and Zoning Board
FROM: Ted Shepard, Chief Planner
DATE: December 17, 2002
RE: Additional Materials for In -Situ Modifications and State Highway 14
— East Frontage Road Annexation and Zoning
Enclosed please find the following additional material:
In -Situ, Inc. Request for Modifications of Standard
Aerial photo of site
Aerial photo of Downtown Strategic Plan Boundary
Aerial photo of Downtown Strategic Plan — Existing Conditions
(These photos will be in the power point presentation.)
Also, the consultant has prepared a slide of a site plan that shows the
area of encroachment based on 240 feet which is the allowable 20%
reduction from 300 feet.
2. State Highway 14 — East Frontage Road Annexation and Zoning
Draft Copy of the 1-25 Sub Area Plan
Draft Land Use Map
(The Land Use Map will be in the power point presentation.)
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020
State Highway 14 — East Frontage Road Annexation and Zoning, #20-00
December 19, 2002 P&Z Meeting
Page 7
7. Findings of Fact/Conclusion:
In evaluating the request for the State Highway 14 — East Frontage Road
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 recently 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.
C. The requested zone district, L-M-N, Low Density Mixed -Use
Neighborhood, is in conformance with the Final Draft of the 1-25 Sub Area
Plan but not in conformance with the Structure Plan Map.
D. A request to amend the Structure Plan Map is justified based on the
findings of the pending 1-25 Sub Area Plan.
E. On December 17, 2002, City Council approved a Resolution which
accepts the annexation petition and determines that the petition is in
compliance with State law.
RECOMMENDATION:
Staff recommends approval of the request for an Amendment to the City
Structure Plan from "Rural Open Lands/Stream Corridor and Employment' to
"Low Density Mixed -Use Residential."
Staff recommends that the Planning and Zoning Board recommend to City
Council approval of State Highway 14 — East Frontage Road Annexation with L-
M-N, Low Density Mixed -Use Neighborhood zoning.
State Highway 14 — East Frontage Road Annexation and Zoning, #20-00
December 19, 2002 P&Z Meeting
Page 6
Open Lands/Stream Corridorand Employment," an amendment is part of this
request. The Structure Plan Map also designates 1-25 as a "Special Study
Corridor" indicating that the 1997 version of the Structure Plan did not provide
sufficient guidance for land use decision -making and that future land use
considerations were anticipated.
A. Request
Section 2.9.4(H)(2)(a) allows a zoning request to be justified if the proposed
request is consistent with the City's Comprehensive Plan. (The Structure Plan is
a component of the Comprehensive Plan.)
According to Council Resolution 2000-140, a Comprehensive Plan Amendment
may be approved if the City Council makes specific findings that:
The existing City Plan and/or any related element thereof is in need
of the proposed amendment; and
The proposed major plan amendment will promote the public
welfare and will be consistent with the vision, goals, principles and
policies of City and the elements thereof.
B. Staff Finding of Fact:
In reviewing the request to amend the Structure Plan, Staff makes the following
findings of fact:
1. The 1-25 Sub Area Plan is in the Final Draft stage. It is expected
that adoption will occur in the Spring of 2003 at which time the
document becomes an element of the City's Comprehensive Plan.
2. The Final Draft allows for the subject parcel to be considered for L-
M-N zoning.
3. The Final Draft calls for the preservation of the Boxelder Creek
riparian area which will be documented in an Annexation
Agreement.
State Highway 14 — East Frontage Road Annexation and Zoning, #20-00
December 19, 2002 P&Z Meeting
Page 5
According to the 1-25 Sub Area Plan Final Draft:
"The 1-25 Sub Area will be a well -planned and designed mixed -use
corridor along 1-25. The corridor will be recognized for its open space and
greenbelt buffers along the interstate, and well-preserved views of the
mountains to the west."
"Protection of the Sub Area's riparian areas including those found along
Cooper Slough, Boxelder Creek, and the Poudre River are an important
element of the Plan. The Plan shows these areas remaining in their
natural state as river and stream corridors."
Toward this end, the Final Draft of the Plan identifies the subject parcel as a
candidate for L-M-N zoning which represents a less intense development
potential than the present Larimer County Commercial zone district. In addition,
the applicant has committed to preserving the 100-year floodplain of Boxelder
Creek by an Annexation Agreement.
4. Compliance with State Law:
As mentioned, the annexation has 36.47% of its perimeter boundary contiguous
with the existing city boundary 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.
5. Annexation Agreement:
An Annexation Agreement is a voluntary agreement made between the owner
and the City obligating the parties to certain outcomes upon future development.
In this case, as mentioned, the owner is willing to commit to preserving the 100-
year floodplain of Boxelder Creek as permanent open space thus fulfilling the
vision of the 1-25 Sub Area Plan. The Annexation Agreement will be attached to
the Annexation Ordinance.
6. Structure Plan Amendment:
As mentioned, the Final Draft of the 1-25 Sub Area Plan, which calls for L-M-N
zoning, has not yet been considered by the Planning and Zoning Board nor
adopted by the City Council. Since the Structure Plan Map indicates "Rural
State Highway 14 — East Frontage Road Annexation and Zoning, #20-00
December 19, 2002 P&Z Meeting
Page 4
City Plan Policy LU-4.5 states:
"The following areas have been identified as priority for future subarea
planning:
• 1-25 Corridor
Mountain Vista
East Mulberry
• Fossil Creek Reservoir Area"
B. L-M-N Zoning
The Final Draft of the 1-25 Sub Area Plan calls for a mix of neighborhoods and
densities. The Final Draft 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 Y2 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 other areas within the sub area and the proposed densities
of five (5) to eight (8) units per acre in the Low Density Mixed -Use
Neighborhood classification are in keeping with existing development.
The only undeveloped property east of 1-25 included in the low density
neighborhood classification is located south of Mulberry Street within a Y2
mile of the street, with its western border adjacent to Boxelder Creek."
The entire 47 acres are located within '/z mile of East Mulberry Street and is
contiguous to two County residential subdivisions. Therefore, the applicant has
applied for L-M-N zoning in conformance with the Final Draft of the 1-25 Sub Area
Plan.
C. Box Elder 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 along the westerly ten acres parallel to the Frontage Road. The applicant
intends to presence the 100-year floodplain of Boxelder Creek. This preservation
will be documented in an Annexation Agreement. This Annexation Agreement is
presently being drafted and will be a legal exhibit to the Annexation Ordinance
considered by City Council.
State Highway 14 — East Frontage Road Annexation and Zoning, #20-00
December 19, 2002 P&Z Meeting
Page 3
2. Zoning:
The proposed zoning for the subject annexation is L-M-N, Low Density Mixed -
Use Neighborhood. This district is intended to be a setting for a wide range 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 requested zoning of L-M-N, Low Density Mixed -Use Neighborhood complies
with Final Draft of the 1-25 Sub Area Plan and matches the abutting development
north and east, but does not conform to the Structure Plan Map.
3. 1-25 Sub Area Plan:
A. City Plan Principles and Policies
As mentioned, the parcel is contained within the 1-25 Sub Area Plan. This sub-
area plan is a component of the 1-25 Regional Communities Corridor Plan which
was adopted by the City Council in November of 2001.
The 1-25 Sub Area Plan has not been fully adopted at this time. The Plan is
scheduled for consideration by the Planning and Zoning Board and City Council
in the Spring of 2003. The Structure Plan identified the need to do additional
planning for the 1-25 corridor by designating the area as the 1-25 Special Study
Corridor.
City Plan Principle LU-4 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."
State Highway 14 — East Frontage Road Annexation and Zoning, #20-00
December 19, 2002 P&Z Meeting
Page 2
COMMENTS:
Background:
According to the policies and agreements between the City of Fort Collins and
Larimer County, contained in the recently amended (November 21, 2000)
INTERGOVERNMENTAL AGREEMENTS — GROWTH MANAGEMENT AREA,
the City will agree to consider for annexation property in the U.M.A. when such
property is eligible for annexation according to State law.
The surrounding zoning and land uses are as follows:
N: County — Commercial, FA-1, Multi -Family; Partially developed commercial
(Interchange Business Park) and residential (Sunflower Subdivision)
S: City — Industrial and Urban Estate; Vacant (Galatia Annexation, 230 acres,
includes 100 acre Poudre School District property)
E: County — R-1; Residential (Clydesdale Subdivision)
W: County — Commercial; (West of 1-25 — a variety of commercial uses)
This request was originally submitted in July of 2000 and referred to then as the
Prospect — East Frontage Road Annexation. This request was put on hold while
the 1-25 Sub Area Plan was tracking through the adoption process. The present
request represents the identical land area and applicant but with a different
name.
The parcel gains the necessary one -sixth contiguity along the south property line.
Of the total perimeter boundary, the parcel has 36.47% 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.
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 December 17, 2002, City Council approved a Resolution
which accepts the annexation petition and that the petition is in compliance with
State statutes.
ITEM NO.
MEETING DATE 12/19/02
STAFF Ted Shepard
iiA
Citv of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: State Highway 14 — East Frontage Road Annexation and
Zoning, #20-00
APPLICANT: Mr. Lester M. Kaplan
Imago Enterprises, Inc.
140 Palmer Drive
Fort Collins, CO 80525
OWNER: Same
PROJECT DESCRIPTION:
This is a request to annex and zone a 47.15-acre parcel. The site is located on
the east side of the 1-25 East Frontage Road approximately one -quarter mile
south of State Highway 14 (East Mulberry Street). Contiguity with the existing
municipal boundary. is gained along the southern boundary which is shared with
the north property line of the Galatia Annexation (230 acres). The recommended
zoning is L-M-N, Low -Density Mixed -Use Neighborhood. An Amendment to the
Structure Plan Map is also recommended.
RECOMMENDATION: Approval
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation for a property located within the Urban
Growth Area. The property satisfies the requirement that no less than one -sixth
of the perimeter boundary be contiguous to the existing City boundary. The
parcel is located within the 1-25 Sub Area Plan which is scheduled for adoption in
the Spring of 2003. The recommended zoning of L-M-N, is in compliance with
the Final Draft of the 1-25 Sub Area Plan but requires an amendment to the
Structure Plan Map. The initiating. resolution was passed by City Council on
December 17, 2002. The item is scheduled for first reading by City Council on
February 4, 2003.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box580 Fort Collins, CO80522-0580 (970)221-6750
PLANNING DEPARTMENT