HomeMy WebLinkAboutPETERSON ANNEXATION & ZONING, STRUCTURE PLAN AMENDMENT - 54-02 - REPORTS - FIRST READING (3)a
"54-02 Peterson Annexation & Zoning
Type 11 (LUC)
12/26/02
N
1 inch : 1000 feet
245.44 FEET; THENCE, N 00 • 28' 3T' E 19.73 FEET TO A POINT OF
INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OFEAST VINE
DRIVE; THENCE, N 89. 25' 59" W 165.25 FEET ON AND ALONG SAID RIGHT-
OF-WAY TO THE TRUE . POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 27.89 ACRES MORE OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land
Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by showing
that the above -described property is included in the Residential Neighborhood Sign District.
Section 3. That the CityEngineeris hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 1st day of April,
A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of April, A.D. 2002.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 052, 2003
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 PETERSON 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 2.8 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 be, and the same hereby is, changed and
amended by including the property known as the Peterson Annexation to the City of Fort Collins,
Colorado, in the Urban Estate ("UE") Zone District, which property is more particularly described
as situate in the County of Larimer, State of Colorado, to wit:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERDIAN AS BEARING N 89' 25' 59" W WITH ALL BEARINGS
HEREIN REALITIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 89' 25' 59" W 324.35 FEET; THENCE, S 010 50' 54" E 50.07 FEET TO
A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE
AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTINUING, S 01- 50' 54" E 687.94 FEET; THENCE, N 89' 28' 17" W 1014.23
FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE
KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00'
03' 28" E 1857.02 FEET ON AND ALONG SAID EASTERLY LINE; THENCE S 89'
28' 14" E 754.47 FEET; THENCE, S 89' 28' 13" E 963.99 FEET; THENCE, N 00' 09'
15" W 80.01 FEET; THENCE N 89' 28' 13" W 963.10 FEET; THENCE, N 89' 28' 02"
W 149.85 FEET; THENCE, N 00' 10' 34" W 1187.93 FEET; THENCE, N 87' 43' 24"
W 352.93 FEET; THENCE, N 00' 31' 42" E 518.31 FEET; THENCE S 89' 28' 17" E
847.21 FEET; THENCE, N 02' 55' 31" W 299.26 FEET; THENCE S 89 ' 33' 50" E
262.00 FEET; THENCE, N 00' 32' 13" W 274.63 FEET; THENCE, N 50' 40' 29" W
contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for
recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 1st day of April,
A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of April. A.D. 2003.
ATTEST:
City Clerk
6
Mayor
ORDINANCE NO.051, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
PETERSON ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2003-016 finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS, the Council does hereby find and determine that it is in the best interests of the
City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN AS BEARING N 89' 25' 59" W WITH ALL BEARINGS
HEREIN RELATIVE THERETO.
CONMIENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 89' 25' 59" W 324.35 FEET; THENCE, S 0l' 50' 54" E 50.07 FEET TO
A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE
AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTINUING, S 01' 50' 54" E 687.94 FEET; THENCE, N 89' 28' 17" W 1014.23
FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE
KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00'
03' 28" E 1857.02 FEET ON AND ALONG SAID EASTERLY LINE; THENCE S 89'
28' 14" E 754.47 FEET; THENCE, S 89' 28' 13" E 963.99 FEET; THENCE, N 00' 09'
15" W 80.01 FEET; THENCE N 89' 28' 13" W 963.10 FEET; THENCE, N 89' 28' 02"
W 149.85 FEET; THENCE, N 00' 10' 34" W 1187.93 FEET; THENCE, N 87' 43' 24"
W 352.93 FEET; THENCE, N 00' 31' 42" E 518.31 FEET; THENCE S 89' 28' 17" E
847.21 FEET; THENCE, N 02' 55' 31" W 299.26 FEET; THENCE S 89' 33' 50" E
262.00 FEET; THENCE, N 00' 32' 13" W 274.63 FEET; THENCE, N 50' 40' 29" W
245.44 FEET; THENCE, N 00' 28' 32" E 19.73 FEET TO A POINT OF
INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE
DRIVE; THENCE, N 89' 25' 59" W 165.25 FEET ON AND ALONG SAID RIGHT-
OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 27.89 ACRES MORE OR LESS.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the Peterson Annexation, which annexation shall become effective in accordance with the provisions
L =,
1
RESOLUTION 2003-042
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE PETERSON ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Peterson 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
Peterson Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
1st day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
RESOLUTION 2003-041
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY'S STRUCTURE PLAN MAP
WHEREAS, the City has received a petition for annexation and zoning of certain property
located a half mile east of I-25 and south of Vine Drive, which property is known as the "Peterson
Annexation"; and
WHEREAS, the Council finds that the proposed zoning for the Peterson Annexation
complies with the Principles and Policies of the City's Comprehensive Plan, as well as the Key
Principles of the City's Structure Plan, but does not comply with the present land use designation
shown on the City's Structure Plan Map for that location; and
WHEREAS, the Council has determined that the proposed Peterson Annexation proposed
zoning is in the best interests of the citizens of the City and comports with the City's Comprehensive
Plan except for the City's Structure Plan Map; and
WHEREAS, the Council has further determined that the City's Structure Plan Map should
be amended as shown on Exhibit "A" attached hereto.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council finds that the existing City Plan Structure Plan Map is
in need of the amendment requested by the applicant for the Peterson Annexation and zoning.
Section 2. That the City Council finds that the proposed amendment will promote the
public welfare and will be consistent with the vision, goals, principles and policies of City Plan and
the elements thereof.
Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as
shown on Exhibit "A" attached hereto and incorporated herein by this reference.
Passed and adopted at a regular meeting of the City Council held this 1st day of April, A. D.
2003.
Mayor
ATTEST:
City Clerk
DATE:
ITEM NUMBER:
(2) Staff finds that the proposed Structure Plan amendment will promote the
public welfare by specifying a land use configuration at the edge of the
community that will provide for a transition between the higher intensity
industrial uses located adjacent to the I-25 highway and the larger lot rural
residential development in the County located east of County Road 5.
(3) Staff finds that the Structure Plan amendment will be consistent with the
vision, goals, principles and policies of City Plan because the principle
and policy statements within City Plan specify that the I-25 subarea
planning efforts will tailor City Plan's city-wide perspective to individual
neighborhoods, districts, corridors and edges.
THE PLANNING AND ZONING BOARD HEARING
The Planning and Zoning Board recommended approval of the requested annexation and zoning
on January 16, 2003 by a vote of 5-0.
INITIATING RESOLUTION
City Council recommended adoption of the Initiating Resolution for the Peterson Annexation on
February 4, 2003 by a vote of 6-0.
DATE:
ITEM NUMBER:
Both Peterson and Streamside Annexations satisfy the language of the U-E land
use classification quoted above. Industrial zoned property abuts the West Side of
the Peterson Annexation and rural and larger lot residential development exists
east of the Streamside Annexation. Additionally, the Draft Land Use Plan for the
I-25 Sub Area Plan identifies the property as Urban Estate. Therefore, the
applicant has applied for U-E zoning in conformance with the Final Draft of the I-
25 Sub Area Plan.
D. Status of the I-25 Sub Area Plan.
The I-25 Sub Area Plan has not been adopted at this time. The Planning and
Zoning Board and City Council schedule the Plan for consideration in the Spring
of 2003. The Structure Plan identified the need to do additional planning for the
I-25 corridor by designating the area as the 1-25 Special Study Corridor.
STRUCTURE PLAN AMENDMENT
As mentioned, the Final Draft of the I-25 Sub Area Plan, which calls for U-E 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 Open Lands/Stream Corridor and Employment," a Structure
Plan amendment is part of this request. The Structure Plan Map also designates I-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 Analysis of Structure Plan Amendment:
(1) Staff finds that the Structure Plan is in need of Change because the final
draft of the I-25 Sub Area Plan identifies that the property's designation
should be changed from it's current designation of "Rural Open Lands /
Stream Corridors" to a designation of "Urban Estate."
consider annexation of property in the UGA when the property is eligible for annexation
according to state law.
ZONING AND ANALYSIS:
The property is currently zoned FA1 - Farming in Latimer County. The requested zoning for
this annexation is the Urban Estate District (UE). An assignment of UE zoning is consistent with
the approved County subdivision (Peterson MID) for the property. The site is a .large vacant
property located between Industrial zoned property within the City Limits, and the Streamside
Planned Land Division, which is a County development application, of Urban Estate type
density, currently under review, located directly east of the site. Although the developer is not
currently pursuing development of this property, annexation of this property will allow any
future development of the site to be reviewed under the City's jurisdiction.
I-25 SUBAREA PLAN:
A. Regional I-25 Plan.
The parcel is contained within the I-25 Sub Area Plan. This sub -area plan is a
component of the I-25 Regional Communities Corridor Plan, which was adopted
by the City Council in November of 2001.
B. City Plan's reference to the I-25 Sub Area Plan.
City Plan Principle LU-4 states: "More specific sub -area planning efforts will
follow adoption of these City Plan Principles and Policies which tailor City Plan's
city-wide perspective to individual neighborhoods, districts, corridors and edges."
City Plan Policy LU-4.5 states: "The following areas have been identified as
priority for future Subaru planning:
• 1-25 Corridor
• Mountain Vista
• East Mulberry
• Fossil Creek Reservoir Area"
C. U-E Zoning within the I-25 Sub Area.
The Final Draft of the I-25 Sub Area Plan calls for a mix of neighborhoods and
densities. The Final Draft states: "The Urban Estate classification is intended to
allow for choices of very low density and large -lot housing in the community, and
to provide a physical transition between urban development and rural/open lands.
Most of the undeveloped areas designated for residential development in the Sub
Area Plan are classified as Urban Estate areas, that will have a maximum
allowable -density of two (2) dwelling units per acre. These areas provide for a
transition between the higher intensity commercial and industrial uses located
adjacent to the I-25 highway and a larger lot residential development (2 ih acre
lots) east of County Road 5. "
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
Items Relating to the Peterson Annexation and Zoning.
RECOMMENDATION:
ITEM NUMBER: 15 A-D
DATE: April 1, 2003
FROM: Troy W. Jones
Staff and the Planning and Zoning Board recommend adoption of the Resolutions and
Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 2003-041 Amending the Structure Plan for the Property Known as the
Peterson Annexation.
B. Resolution 2003-042 Setting Forth Findings of Fact and Determinations Regarding the
Peterson Annexation.
C First Reading of Ordinance No. 051, 2003, Annexing Property Known as the Peterson
Annexation to the City of Fort Collins.
D. First Reading of Ordinance No. 052, 2003, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Peterson
Annexation.
BACKGROUND:
This is a request for a 100% voluntary annexation of approximately 27.89 acres, located a half
mile east of I-25 and south of Vine Drive. This requested zone district is Urban Estate. A
Structure Plan amendment is also requested to change the designation of the property from Rural
Open Lands / Stream Corridor to Urban Estate.
This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing
city limits. Peterson Annexation and Zoning complies with this standard since the property has
1866.19 feet of its total boundary of approximately 10,643.30 feet contiguous to the existing
City limits. This meets the minimum 1773.88 feet required to achieve 1/6 contiguity. This
contiguity occurs through a common boundary with the Kirschner Annexation (December 1993).
The property is located within the Fort Collins Urban Growth Area (UGA). According to
policies and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to