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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/19/2008 - ITEMS PERTAINING TO THE THORLAND NO. 2 ANNEXATION ITEM NUMBER: 17 A-C AGENDA ITEM SUMMARY DATE: February 19, 2008 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items pertaining to the Thorland No. 2 Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. The Planning and Zoning Board voted 7 - 0 to recommend approval of the annexation; and, the Board voted 7 - 0 to recommend that the property be placed in the UE - Urban Estate Zoning District. The Planning and Zoning Board voted 7 - 0 to recommend that this property be included in the Residential Neighborhood Sign District. EXECUTIVE SUMMARY A. Resolution 2008-014 Setting Forth Findings of Fact and Determinations Regarding the Thorland No. 2 Annexation. B. Hearing and First Reading of Ordinance No. 018, 2008, Annexing Property Known as the Thorland No. 2 Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 019, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Thorland No. 2 Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 5.18 acres located on the north side of Kechter Road approximately 800 feet east of South Timberline Road. It is the southerly portion of Lot 1 of the Blehm Subdivision in Larimer County. The other portion of Lot 1 of the Blehm Subdivision is adjacent to the north of the property. The property is partially developed (with one single-family residence and outbuildings)and is in the FA 1 -Fanning District in Larimer County. The requested zoning for this annexation is UE - Urban Estate. 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,the Larimer County and City of Fort Collins Intergovernmental Agreements, the City of Fort Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. There are no issues or known controversies associated with this annexation. February 19, 2008 -2- Item No. 17 A-C Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map because the property is shown to already be outside of the Areas Not In The Sign District. APPLICANT: Miles and Jennifer Thorland 4918 Bluestein Court Fort Collins, CO 80525 OWNER: Same As Applicant BACKGROUND The applicants and property owners,Miles and Jennifer Thorland,have submitted a written petition requesting annexation of 5.18 acres located on the north side of Kechter Road, approximately 800 feet east of South Timberline Road. It is the southerly portion of Lot 1 of the Blehm Subdivision in Larimer County. The other portion of Lot I of the Blehm Subdivision is adjacent to the north of the property. The property is partially developed (with one single-family residence and outbuildings)and is in the FAI -Farming District in Larimer County. The requested zoning for this annexation is UE - Urban Estate. The surrounding properties are currently zoned FAI - Farming in Larimer County to the west, north, east, and south. This is a 100% voluntary annexation. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City ofFort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from a common boundary with the Thorland Annexation No. I (currently in the process) to the north. The surrounding zoning and land uses are as follows: N: FA in Larimer County; undeveloped(Thorland Annexation No. 1, in process) E: FAI in Larimer County; existing single-family residential S: FAI in Larimer County; existing single-family residential W: FAI in Latimer County; existing single-family residential The requested zoning for this annexation is the UE - Urban Estate Zoning District. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of the Comprehensive Plan, suggests that Urban Estate Neighborhood is appropriate in this location. Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map because the property is shown to already be outside of Areas Not In The Sign District. February 19, 2008 -3- Item No. 17 A-C Findings 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City. 3. On January 15, 2008, the City Council adopted Resolution 2008-002 that accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested UE—Urban Estate Zoning District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning of UE -Urban Estate. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting of January 17, 2008,voted 7 - 0 to recommend approval of the annexation. The Board voted 7 - 0 to recommend that the property be placed in the UE - Urban Estate Zoning District. The Planning and Zoning Board voted 7 - 0 to recommend that this property be included in the Residential Neighborhood Sign District. ATTACHMENTS 1. Vicinity map. 2. Proposed zoning. 3. Structure Plan 4. Statement of Principles and Policies and Consistency 5. Statement of Necessity and Desirability of Annexation 6. 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PRESTON JR HIGF ANTERO Cr O TIMBER CREED DR 417 SMALLWOOD DR 11 HARMONYPARK a O ^ HA�[EST PARK LN _ANGELO DR - Y v THYME CT COPPER CREEK DR Q 0 UJI ROCK CREEK DR ROSEMARY CT w o J STFT Oq(� v } LMN SON�Rk DR S��FFi� W o F cr Z z RL O�O o SWEETWATFR,CREEK D U J Annexation No. 7 TOPANGA CT L M N CLOSE CT MACKENZIE CT ' SADDLE CREEK DR SAGE'CREEK LMN , o � EK RD Annexation No.2 w <Oh'SpR/HC CANOPYJKECHTER 0\�Gy�p COUNTY ROAD 36 RD O HEARTHSTONE DR v Thorland Annexations and Zonings No. 1 and No. 2 N ZONING DISTRICTS 11/8/07 1 inch equals 600 feet Legend COPPER CREEK DR Q GOLDEN WHEAT LN ocrryumua ROCK CREEK DR Structure Plan } ST ErsOb ORFE t mtv <<g N Low 3 Dp RyMme Uu Neghhorl s _UwLmtls,PsarM sveam Cookors KpR F�C�CT� OF'' m RUFF WAY'.. z to O 0 O TOPANG Annexation No. 1 COUNTY FAIR LN 1 MACKEN21E CT w z CATKINS CT Mw SAGS �f2EEK RD H - I � — Annexation No.2 t N i 1 ;LMN .KECHTER Di ELCO TY.@OA -36_.1 :- KECHTEfA RD O HEARTHPTONE oR qi o I 1/E }- _ t , LMN r r Thorland Annexations and Zonings No. 1 and No. 2 N x 2/12/08 n STRUCTURE PLAN N 1 inch equals 600 feet y w ATTACHMENT 4 (Thorland Annexation No. 2) Statement Regarding Necessity and Desirability of Annexation The proposed property for annexation, Lot l of the Blehm Subdivision, currently borders the city of Fort Collins on its northern boundary. The property also falls within the Fossil Creek Reservoir Area Plan growth management area. Therefore, it is both the intent of the City of Fort Collins as well as Larimer County that this property ultimately be annexed into the city of Fort Collins. ATTACHMENTS (fhoriand Annexation No. 21 Statement of Principles and Policies and Consistency For the Thorland request for annexation into the city of Fort Collins of Lot 1 of the Blebm Subdivision. Policy T-1.4 Adequate Facilities.The City will ensure the provision of adequate facilities for the movement of goods and people while maintaining the integrity of existing streets and minimizing travel-related impacts within residential neighborhoods. As growth occurs,appropriate transportation investments should be made to support increased demands for travel. Response: We will provide money for the improvements on Kechter road as required or alternatively we will put money into escrow for those same improvements. PRINCIPLE CAD-1: Each addition to the street system will be designed with consideration to the visual character and the experience of the citizens who will use the street system and the adjacent property. Together,the layout of the street network and the streets themselves will contribute to the character, form and scale of the City. Response: Improvements made to Kechter road adhere to the required standards set forth for Kechter road by the city of Fort Collins. Policy HSG2.4 Preservation of Neighborhoods.The City will attempt to retain existing affordable housing stock through conservation efforts of older residential neighborhoods. Response: The original house on this property,Lot I of the Blehm subdivision, will remain. Policy ENV4.2 Water Supply Policy. The raw water requirements for new development should be set such that, with other water acquisitions and water conservation measures, the total water supply available is adequate to meet or exceed a 1 in 50-year drought. Response: The property comes with in of 1.2 shares(—5 acre feet)of the New Mercer ditch which will be used to supplement city water for irrigation purposes. Policy ENV-6.1 Protection and Enhancement. The City's regulatory powers will be used to preserve,protect,and enhance the resources and values of natural areas by directing development away from sensitive natural features—such as wetlands, riparian areas and wildlife habitat. When it is not possible to direct development away from natural areas,these areas will be protected in the developed landscape. Response: The property does not fall within a designated natural area and does not contain wetlands. PRINCIPLE GM-3: The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision,goals,and policies of City Plan. Policy GM-3.1 Annexation Policies. The City Council will weigh the following factors when considering the annexation of new land into the incorporated limits: a. Statutory requirements. The property must meet all statutory requirements for annexation according to the laws of the State of Colorado. Response: this property meets the statutory requirements for annexation. b. Property to be annexed must be located within the Growth Management Area The property must be located within the Growth Management Area boundary,or the boundary must be amended using the process described in GM 1.2 before the City considers the proposed annexation. Response: The land is located within the boundaries of the Fossil Creek Reservoir Area Plan. GM-3.1.e. Infrastructure standards. Developed land,or areas seeking voluntary annexation,must have their infrastructure improved (e.g., streets, utilities and storm drainage systems)to City standards,or must have a mechanism (e.g.,a special improvement district,capital improvements program,etc.)in place to upgrade such services and facilities to City standards before the City will assume full responsibility for future maintenance. Response: Money will either be put into escrow or payment will be made to the city for the required improvements on Kechter road. Additional infrastructure changes for water utilities will not be required as the property is already served by either the city or the county for these services. PRINCIPLE GM-5: The provision of adequate public facilities and the phasing of infrastructure improvements will be important considerations in the timing and location of development. Policy GM-5.1 Phasing of Development. The provision of public facilities and services will be utilized to direct development in desired directions,according to the following considerations: a. Development will only be permitted where it can be adequately served by critical public facilities and services such as water, sewer, police,transportation, schools, fire, stormwater management,and parks, in accordance with adopted levels of service for public facilities and services. Response: The property is currently served by the Ft. CollinA oveland water district, Excel,and Poudre Valley REA. Sewer is provided by septic and will remain on septic since a main sewer line does not exist within 400 feet. There is no need for storm sewer since less than 35%of the property is impermeable. There are no streets on the existing property. Any subsequent residential development will require the installation of an in-home sprinkler system to comply with fire code. c. Development that occurs within the Growth Management Area will have at least one-sixth of its boundary area contiguous with existing urban development,except as may be otherwise provided by the legislation of the City Council. Response: The property will be annexed in two simultaneous annexations so as to meet the above requirement. PRINCIPLE GM-8: The City will promote compatible infill and redevelopment in areas within the Growth Management Area boundary. Policy GM-8.1 Targeted Redevelopment/Infdl. Redevelopment and infill development will be encouraged in targeted locations. The purpose of these areas is to channel growth where it will be beneficial and can best improve access to jobs,housing and services with fewer and shorter auto trips.These targeted areas are parts of the city where general agreement exists that development or redevelopment is beneficial. A major goal is to increase economic activity in the area to benefit existing residents and businesses and, where necessary,provide the stimulus to redevelop. These areas should be defined from City Plan, Subarea Plans, Zoning and locational criteria such as: a. Underutilized land Response: The 6.68 acre property currently has I single family home. The intent is to add a second single family home after the property is subdivided(which will take place after the annexation). PRINCIPLE AN-1: New neighborhoods will be integral parts of the broader community structure. Response: The annexation of this property will not create a new neighborhood. The property will still belong to the Blehm Subdivision Policy EXN-1.2 Collaboration with Surrounding Residents. The City will continue to ensure that neighbors will be advised of any changes and be requested to comment. Stated preferences of neighbors will be considered in determining acceptable intensity and character of infill and redevelopment. Response: We are providing APO labels to the city that identify the surrounding neighbors per the requirements for annexation_ In addition,we have notified our immediate neighbors in the Blehm Subdivision both verbally and in writing of our plans to annex and subsequently build a second home on the property. Land Use Code DIVISION 4.2 URBAN ESTATE DISTRICT(U-E) This property has been zoned U-E Response: This property is in full compliance with the land use codes as specified in section 4.2 of the Fort Collins Land Use code ATTACHMENT Planning & Zoning Board January 17, 2008 Page 4 The following two projects were considered together Project: Thorland Annexation and Zoning No. 1 -#32-07 Project Description: This is a request to annex and zone 1.66 acres located on the north side of Kechter Road approximately 800 feet east of South Timberline Road. It is the northerly portion of Lot 1 of the Blehm Subdivision in Larimer County. The other portion of Lot 1 of the Blehm Subdivision is adjacent to the south of the property. The Stetson Creek residential development is adjacent to the north of the property. The property is undeveloped and is in the FA1 - Farming District in Larimer County. The requested zonintg fbr this annexation is UE - Urban Estate. Recommendation: Approval subject to two conditions--one condition relating to preserving the integrity of underground utilities ond at the time of submittal for P.D.P., the architectural elevations for the west elevation"shell demonstrate compliance with Section 3.5.1(G)— Building Heig1hlRa06w and Section 3.5.1(H)— Land Use Transition. Project: Thorland Annexation and Zoning No. 2 Project Description: This is a request to annex and zone 5.18 acres located on the north side of Kechter:fioad approximately 800 feet east of South Timberline Road. It is the souItlerty'poi': on of Lot 1 of the Blehm Subdivision in Larimer County. The other ppr(ion of Lot 1of the Blehm Subdivision is adjacent to the north of the property. The=pbperty is partially developed (with one single-family residence and outbuilding) and is in the FA1 - Farming District in Larimer County. The reque§tedzoniniq}fir this annexation is UE - Urban Estate. Recommendation: Staff recorfiepds approval of the annexation and recommends that the property be pfaped:in the UE - Urban Estate Zoning District. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment would not be necessary should the Planning and Zoning Board recommend that this property be placed on the Residential Neighborhood Sign District Map. Hearing Testimony, Written Comments and Other Evidence Planner Steve Olt reported this property (in the case of Annexation # 1) gains the required 1/6 contiguity to existing City limits from a common boundary with the South Harmony Annexation (February, 1986) to the north. Once approved, the second annexation request gains the required 1/6 contiguity to existing City limits from a common boundary with Annexation # 1. The applicants and property owners, Miles & Jennifer Thorland, have submitted a written petition requesting annexation of 1.66 acres located on the north side of Kechter Road approximately 800 feet east of South Timberline Road. It is the northerly portion of Lot 1 of the Blehm Subdivision in Larimer Planning & Zoning Board January 17, 2008 Page 5 County. The other portion of Lot 1 of the Blehm Subdivision is adjacent to the south of the property. The Stetson Creek residential development is adjacent to the north of the property. Miles & Jennifer Thorland have submitted a second written petition requesting annexation of 5.18 acres located on the north side of Kechter Road approximately 800 feet east of South Timberline Road. It is the southerly portion of Lot 1 of the Blehm Subdivision in Larimer County. The other portion of Lot 1 of the Blehm Subdivision is adjacent to the north of the property. The requests are nothing more than bringing the parcels into the City limits—it is not a design proposal. The owners expressed intent is to subdivide and build an additional single-family residence. That action is not yet initiated. When they come in with a development proposal, it would require an easement or future right-of-way. Staff would want to see a circulation road. The right-of-way would be the starting point for redevelopment. Member Rollins asked if the annexations were approved, wpOld the lot to the east be able to do that with one request. Olt replied yes—they would have 50%.Co'ntiguty. Chair Schmidt wondered what would happen if the lb*,i urrently In the County want to be annexed and do not want to grant right-of-way for a road. Olt re0ff8d,wheq,:0n sexed and wanting to subdivide, they are required by LUC Section 3.6 to provide connectivit"'be 66 properties. Member Wetzler asked how the street alignment would be des tined when the seven lots in this area are annexed and built out. Olt replied the lot depths ark Hover 1300 feet from Kechter Road/County Road 36. A road would be needed no more than 660 f1hoffi that starting point. Olt said this road would not be a collector street or a part of the Street Mister Plan. Until we see the redevelopment plans for the properties, it is unknown where the logical alignment would be. Public Input Pete Miller, 2309 Sweetwater, lives north of the proposed annexation. He wondered what advantage it would be for the City to annex. He'd be interested in learning exactly what would be occurring—he understands there are plans to build a single family residence but he's not seen them. He'd like to know what is beitxg planned for the entire seven parcels. He's worried what would happen in a piecemeal fashion. Carl Edwards lives in Stetson Greek Subdivision. He'd like to understand why the City would allow one piece of a fairly large area to be annexed. Why not one master plan versus one parcel at a time? With a master plan, we'd have a better sense of planning for drainage, easements/roads, utilities, and sewers. If there's not a masterptan, can we get one? End of Public Input Staff member Olt said.to the best of his knowledge all the parcels are individually owned. The property is located well 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 agrees to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This not a forced annexation or enclave situation. It is a voluntary petition to annex. The property owner's intent is to subdivide and build a second single-family residence. When the property is annexed it would come in with an Urban Estates (UE) zoning designation. Planning & Zoning Board January 17, 2008 Page 6 Chair Schmidt asked Olt to describe the standards for Urban Estate. Olt explained that UE is one of the three lowest density zones. It requires that residential property in that zone be on one-half acre parcels or no more than two per acre. Cluster development is also allowed in that zone and must maintain the same density requirements. In this case with six acres there could be a maximum of 12 units with a corresponding requirement that 50% of the parcel be in open space. Olt said speaking to the question of advantage to the City this is not an action the City initiated. Rather because the owner wants to subdivide and build, they have elected to petition for annexation. There is no master plan for the approximately 8 or 9 parcels/60 acres north of Kechter. It is not normally the type of situation where we would direct the type of development that would occur. He's talked to a number of the property owners as there seems to be a 4t>[ of interest in that area. The Thorlands, however, are the only ones who have petitioned for anneyAtion. Chair Schmidt asked if any of the parcels are currently for sale. Ott responded.yes. When he was out there a couple of weeks ago to take photos for tonight's presentation, he notibed two for-sale signs for parcels east of the Thorlands. Member Rollins asked Olt to speak to planning for drainage or utilities whether it's an individual property owner or a developer for the whole approximately 60 acre parcel. Would we not hold them both to the same standards? Olt responded yes they would be held to the same standards. Utility plans and a drainage report are some of the items that are reviewed at the time a project development plan subdivision proposal is submitted. Miles Thorland, 4918 Bluestem Court, said he owns:.the property with his wife. His in-laws live in the home currently on the parcel. For the Board s.informat(cin ,he's spoken to all the property owners in the Blehm Subdivision as well as one property owner l fll 61th and a few to the west. He's shared information on what they'd like to do. Before p4,rchasing the property, he met in conceptual review with City staff and has an understanding of the requirements that relate to right-of-way, drainage and utilities and they have no concerns in that regard. :.Additionally there are water rights and drainage issues related to the New Mercer Ditch that affect seven,.parcels in the Blehm Subdivision. They will maintain the status quo with that. The property will be a horse property and he wanted to reassure the neighbors that while there is no master plan for the area, their plans are "a good thing" for the neighborhood. Chair Schmidt commented that as an area urbanizes or an individual property owner wants to add another house (subdivide) the'Gounty thinks it's more appropriate for the City to act on the request— satisfying standards that exist. fthin City limits. Paul Miller asked if there were 01ans for the second home. Chair Schmidt said tonight the question before the board is whether thd:.property should be annexed. Any questions related to plans would be more appropriate at the Ome they come in with a project development plan. Paul Miller asked if whert'all the properties in the Blehm Subdivision are annexed will they all come in as Urban Estate or will that change over time. Olt responded that the subdivision as identified on the City's Structure Plan is shown as Urban Estate; so yes, all will come in as Urban Estate. If another zoning district was requested, it would need to be evaluated by staff, reviewed by the Planning & Zoning Board, with the ultimate decision being made by City Council. Deputy City Attorney Eckman said that's not to say that it couldn't change to another zone given the proximity of more densely developed subdivisions such as Sage Creek and Stetson Creek. Olt added that if that were the situation there is a public notification/outreach process. Planning & Zoning Board January 17, 2008 Page 7 Carl Edwards said he'd like to applaud Mr. Thorland for asking that the property be annexed and for having such a great plan. His concern remains if each one of these parcels are annexed separately will each parcel have utilities and easements and retaining ponds or is there some way to create a master plan so you don't have each property having to have that? Olt responded from the standpoint of utility easements it's not different from what you'd find in a subdivision such as Stetson Creek. Each property has specific utility easements for water, sewer, electricity, etc. Detention (managed storm water run-off) would be required in some circumstances— that would be defined (if required and where) when a subdivision plat and a;project development plan are submitted. That can happen independently on each lot. Deputy City Attorney Eckman added that if someone would try to assemble those lots and develop it as a subdivision it would be possible to coordinate. But, failing that each person has a right to use/ develop their property. It may be piecemeal. If it is piecemeal, it.would most likely be low density type development uses such as the Thorland's proposal. Member Lingle recommended approval of Thorland Annexation and Zoning No 1-432-07 based on the Findings found on the Staff Report Page 3. Member Rollins seconded°the motion. Motion passed 7:0. Member Lingle recommended approval of Thorland Annexation and Zoning No 2-433-07 based on the Findings found on the Stiff-pport Page 3. Member Rollins seconded the motion. Motion passed 7:0. Other Business: Member Lingle noticed when looking at information coated to term;lfimits for the Chair and Vice-Chair, he noted the bylaws state that elections should take place in September. To his recollection, elections have been in January. He asked if at some point we need to amend our by-laws. Director Gloss said he'd like to put by-law review on a work session agenda. Meeting adjourned at 7.00 p.m. Cameron Gloss, Directo[ Brigitte Schmidt, Chair RESOLUTION 2008-014 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE THORLAND NO. 2 ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Thorland No. 2 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 ofbeing 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 Thorland No. 2 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 19th day of February A.D. 2008, Mayor ATTEST: City Clerk ORDINANCE NO. 018, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE THORLAND NO. 2 ANNEXATION TO THE CITY OF FORT COLLINS, COLOR-ADO WHEREAS,Resolution 2008-002,finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS,the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A portion of Lot 1, Blehm Subdivision, located in the southwest Y< of section 5, township 6 north,range 68 west of the 6'PM,County of Larimer,State of Colorado, more particularly described as follows: Basis of bearing: The south line of the southwest Y< of section 5, township 6 north, range 68 west of the 6' PM, County of Larimer, State of Colorado, is assumed to bear N89°32'56"E, with all bearings contained herein relative thereto. Commencing at the southwest corner of section 5, township 6 north, range 68 west of the 6'PM, County of Larimer, State of Colorado; Thence N89°32'56"E on the south line of the southwest '/4, of said section 5, a distance of 696.96 feet; To a point on the west line of lot 1, Blehm Subdivision and the point of beginning; Thence N00°10'00"W, on said west line, a distance of 862.98 feet; Thence N90°00'00"E, a distance of 110.66 feet; Thence N00°00'00"E, a distance of 232.07 feet; Thence N90°00'00"E, a distance of 111.35 feet to the east line of the aforesaid lot 1; Thence S00°15'17"E, on said east line, a distance of 1123.29 feet to the south right- of-way line of Kechter Road; Thence S89°32'56"W, on said south right-of-way line, a distance of 224.41 feet; Thence N00°10'00"W, a distance of 30.01 feet to the point of beginning. Containing a calculated area of 5.18 acres. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Thorland No. 2 Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113,C.R.S.,including,without limitation,all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines,gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2008, and to be presented for final passage on the 4th day of March, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 4th day of March, A.D. 2008. Mayor ATTEST: City Clerk ORDINANCE NO. 019, 2008 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 THORLAND NO. 2 ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the property which is the subject of this ordinance, and has determined that the said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Thorland No. 2 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: A portion of Lot 1, Blehm Subdivision, located in the southwest '/4 of section 5, township 6 north,range 68 west ofthe 61"PM,County of Larimer,State of Colorado, more particularly described as follows: Basis of bearing: The south line of the southwest '/< of section 5, township 6 north, range 68 west of the 6' PM, County of Larimer, State of Colorado, is assumed to bear N89°32'56"E, with all bearings contained herein relative thereto. Commencing at the southwest corner of section 5, township 6 north, range 68 west of the 61" PM, County of Larimer, State of Colorado; Thence N89°32'56"E on the south line of the southwest '/<, of said section 5, a distance of 696.96 feet; To a point on the west line of lot 1, Blehm Subdivision and the point of beginning; Thence N0090'00"W, on said west line, a distance of 862.98 feet; Thence N90°00'00"E, a distance of 110.66 feet; Thence N00°00'00"E, a distance of 232.07 feet; Thence N90°00'00"E, a distance of 111.35 feet to the east line of the aforesaid lot 1; Thence S00°15'17"E, on said east line, a distance of 1123.29 feet to the south right- of-way line of Kechter Road; Thence S89°32'56"W, on said south right-of-way line, a distance of 224.41 feet; Thence N00°10'00"W, a distance of 30.01 feet to the point of beginning. Containing a calculated area of 5.18 acres. 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 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 19th day of February, A.D. 2008, and to be presented for final passage on the 4th day of March, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 4th day of March, A.D. 2008. Mayor ATTEST: City Clerk