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HomeMy WebLinkAboutSTATE HIGHWAY 14, EAST FRONTAGE ROAD - ANNEXATION & ZONING (RESUBMITTAL) - 20-00 - REPORTS - INITIATING RESOLUTION! 12-10-02;12=36AM; ;3 = �/ r 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 CURRENT QIp,NNING 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, Carnage 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 1-25/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 1/6t' 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 1/6w 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. VA 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. 1� '^ Fort Collins, Colorado 80525 • 970/226-6819 • Fax 970/287-9256 • i d � _ - ' � � ,11 may'=�, l3t a � .�y �'y n� }411 tt _, �r 1 i is sF,� � � �`� ¢•; JIM i T�TX 1 a 3 ia� 3, r a{F,w'pir'� +r t 1�•� ��1— a ,..+2 r! ��a r ,����� - �Al A � a \ 6 Tl ,,, ''l ilk ,��� _ � y T' i, 1 ♦ -.,_l� ,.. • .. � Ems Y. - - ♦ .. - ooper OIL mur Routc u OUTSIDE INSEDE PRO)EC!" PROJECT AREA AREA —'aI Corridor r Neighborhood Commercial District Community Commercial Distnct Employment Distrid Industrial District Medium Density Mixed -Use Neighborhood ((12+ units/am) Low Density Mixed -Use Neighborhood ((5-8 units/acre) Urban Estate (2 du/am) Rural Subdivision River and Stream Corridors Proposed Open Space County Agricultural WA 100 year Hood Plain Rural/Open Lands (County FA-1, Farming and 0, Open Zoning) City -Owned Natural Areas Transit Center/Park and PJde Conceptual Roadway Network 011ie AcUvfty Center Boundary Study Area Boundary Proposed Urban Growth Area (GMA) 'nmnath City Umits Ft. Collins City Umfts 1 0 1 Wks . Z. 1 7 A I - NJ . ,j . .........is • FABOBINEW ,:20-00 State Annexation & Type II (LUC) Highway Zoning 14-East Frontage Road 12/�4/02 N 1 inch : 1000 feet NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the State Highway 14 - East Frontage Road Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on February 18, 2003, at the hour of 6:00 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition and zoning request for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation and for the purpose of determining the appropriate zoning for the property included in the Annexation. At such hearing, any persons may appear and present such evidence as they may desire. The Petitioner has requested that the Property included in the Annexation be placed in the "LMN" Low Density Mixed -Use Neighborhood Zone District. The City of Fort Collins will make reasonable accommodations for access to City services, programs and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Dated this 12th day of January, A.D. 2003. City Clerk CORNER OF SAID NW 1/4; THENCE N89'30'38" W ON THE SOUTHERLY LINE OF SAID NW 1/4 A DISTANCE OF 2588.04 FEET TO THE POINT OF BEGINNING. Section 2. That the Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of annexation and zoning ordinances pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 7th day of January, A.D. 2003. ATTEST: City Clerk 2 Mayor RESOLUTION 2003-003 OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION AND ZONING PROCEEDINGS FOR THE STATE HIGHWAY 14 - EAST FRONTAGE ROAD ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the State Highway 14 - East Frontage Road Annexation; and WHEREAS, the Council of the City of Fort Collins desires to initiate annexation and zoning proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Counci l hereby accepts the annexation petition for the State Highway 14 - East Frontage Road Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND SITUATED IN THE NW 1/4 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 NW 1/4 OF SECTION 15, BEING MONUMENTED AT THE EASTERLY END BY A 2-1/2" ALUMINUM CAP ON A #6 REBAR STAMPED "LS 24307" 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 W 1/4 CORNER OF SAID SECTION 15; THENCE N89030'38" W, ON THE SOUTHERLY LINE OF SAID NW 1/2, 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, LARDAER COUNTY RECORDS; THENCE NOW 19'37" E ON SAID EASTERLY RIGHT- OF-WAY LINE A DISTANCE OF 101 1.79FEET TO THE SOUTHERLY LINE OF TRACT ONE OF SAID EXEMPTION PLAT; THENCE S 89`40'58" E ON SAID SOUTHERLY LINE A DISTANCE OF 1171.13 FEET TO THE SOUTHEASTERLY CORNER THEREOF; THENCE S00°29'22"W A DISTANCE OF 403.53 FEET; THENCE S 89°32'33" E A DISTANCE OF 1417.34 FEET TO THE EASTERLY LINE OF SAID NW 1/4; THENCE S00°15'39" W ON SAID EASTERLY LINE A DISTANCE OF 612.49 FEET TO THE CENTER 1/4 DATE: anuary 1, ITEM NUMBER: City Council affirmed the City's following policy as it relates specifically to voluntary annexations at study sessions held on August 28 and September 25, 2001: • The City agrees to consider annexation of land located within the Growth Management Area (GMA) which are eligible for voluntary annexation (per the Intergovernmental Agreement with Larimer County); and • A detailed fiscal analysis for voluntary annexations is unnecessary. 414 AGENDA ITER SUMMARY ITE, NUMBER: 27 FORT COLLINS CITY COUNCIL DATE: January 7, 2003 FROM: Ted Shepard SUBJECT: Resolution 2003-003 Finding Substantial Compliance and Initiating Annexation Proceedings for the State Highway 14 — East Frontage Road Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: The State Highway 14 — East Frontage Road Annexation is 47.15 acres in size. The site is located on the east side of the I-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 proposed Resolution states that it is the City's intent to consider annexation of this property and directs that the published notice required by state law be given of the Council's hearing to consider the annexation ordinance. As the first step in the process, the initiating resolution does not include formal action on the annexation request. The next step will be a public hearing, held at the time of the First Reading of the annexation and zoning ordinances on February 18, 2003. Not less than 30 days prior, published notice is required by state law. BACKGROUND: I This is a 100% voluntary annexation for a property located within the Growth Management Area. The property satisfies the requirement that no less than one -sixth of the perimeter boundary be contiguous to the existing city boundary. The site is located within the boundaries of the I-25 Sub Area Plan which is scheduled for adoption in the Spring of 2003. The recommended zoning of L-M-N, Low Density Mixed -Use Neighborhood, is in compliance with the Final Draft of the I-25 Sub Area Plan Map but requires an amendment to the Structure Plan Map. At the December 19, 2002 Planning and Zoning Board hearing, the Planning and Zoning Board voted 5-2 to recommend approval of the Structure Plan Amendment from Rural Open Land/Stream Corridor and Employment to Low Density Mixed Use -Neighborhood. The Board voted 7-0 to recommend approval of the annexation. q N O S - 2 %" 94's-014"SWO 7001 ►6 41i' LftA-N.