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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/17/2004 - ITEMS RELATING TO THE HOMESTEAD ANNEXATION AND ZON ITEM NUMBER: 25 A-C AGENDA ITEM SUMMARY DATE: February 17, 2004 FORT COLLINS CITY COUNCIL STAFF: Troy Jones SUBJECT Items Relating to the Homestead Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY A. Resolution 2004-020 Setting Forth Findings of Fact and Determinations Regarding the Homestead Annexation. B. First Reading of Ordinance No. 036, 2004, Annexing Property Known as Homestead Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 037, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Homestead Annexation. BACKGROUND This is a request for a 100% voluntary annexation and zoning of approximately 25.151 acres of publicly and privately owned property. This annexation includes the development approved in the County as the"Homestead P.U.D.2nd Filing P.L.D.&P.D.",a 1271 foot long portion of the Ziegler Road right-of-way,and a the adjacent street rights-of-way along Cornerstone Drive and Hearthstone Drive. The recommended zoning is the UE—Urban Estate zone district. The property is located within the Fossil Creek Reservoir Area Plan. This property is eligible for annexation according to Colorado Revised Statutes, requiring 1/6 contiguity to the existing city limits. This annexation application complies with this standard since the property has 1786.15 lineal feet of its total boundary of approximately 4528.11 lineal feet contiguous to the existing City limits. This exceeds the minimum 754.68 lineal feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Fossil Lake Annexation No. 2 (March 2002), and H.H. —36 Annexation (December 1998). The property is located within the Fort Collins Urban Growth Management Area (UGMA) and in the Fossil Creek Reservoir Planning Area. The Fossil Creek Reservoir Area Plan (jointly adopted February 17, 2004 -2- Item No. 25 A-C by the City and County) specifies that development applications for lands within the Fossil Lake Reservoir Planning Area that are south of Kechter Road and east of Timberline Road will be processed by the County in accordance with Larimer County Development Standards for the Fossil Creek Reservoir Area in the Fort Collins Growth Management Area,and that the City will not annex the land until such development applications have obtained final plat approval and the transaction of certain Transferred Development Units (TDUs) has taken place. The final plat approval of "Homestead P.U.D. 2nd Filing P.L.D. & P.D." was granted by Larimer County, and became effective in August of 2003. The initial grading work has commenced. The goal of the City and County is to time the annexation so that all building permits will be issued under the City's jurisdiction. 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 which may be particularly affected by such signs because of its predominantly residential use and character. A map amendment would be necessary to place this property within the Residential Neighborhood Sign District. ZONING AND ANALYSIS: The property is currently zoned FA-1 Farming District in Larimer County. The requested zoning for this annexation is the UE—Urban Estate District. The City's adopted Structure Plan, a part of the Comprehensive Plan, suggests that Urban Estate is appropriate for this location. THE PLANNING AND ZONING BOARD HEARING The Planning and Zoning Board recommended adoption of the requested annexation and zoning on January 15, 2004 by a vote of 7-0. INITIATING RESOLUTION City Council adopted the initiating Resolution on January 6, 2004 by a vote of 6-0. RESOLUTION 2004-020 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE HOMESTEAD ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Homestead 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 Homestead 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 17th day of February, A.D. 2004. Mayor ATTEST: City Clerk ORDINANCE NO. 036, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HOMESTEAD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2004-001,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: Parcel of land Located in the Northeast Quarter (NE1/4) of Section Eight (8), Township Six North (T.6N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particulary described as follows: Commencing at the North Sixteenth(Nl/16)Comer common to Section Nine(9)and said Section 8 and assuming the East line of the Northeast Quarter of said NEl/4 (NE1/4-NE1/4) as bearing South 00°00'00"East a distance of 1321.91 feet with all other bearings contained herein relative thereto: THENCE South 89°22'21"West long the South line of said NEl/4-NEl/4 a distance of 30.00 feet to the West line of Fossil Lake Annexation No. 2, said point being the POINT OF BEGINNING; THENCE continuing South 89°22'21" West along said South line a distance of 926.86 feet; THENCE North 00046'37"West a distance of 193.75 feet to a point on a curve, said curve being non-tangent to aforesaid line; THENCE along the Arc of a Curve which is concave to the North a distance of 131.30 feet,whose Radius is 50.00 feet,whose Delta is 150°27'17"and whose Long Chord bears North 39°08'04" West a distance of 96.69 feet to a Point of Reverse Curvature (PRC); THENCE along the Arc of a Curve which is concave to the Northwest a distance of 32.18 feet, whose Radius is 50.00 feet, whose Delta is 36°52'12" and whose Long Chord bears North 17°39'29" East a distance of 31.62 feet to a Point of Tangency (PT); THENCE North 00046'37" West a distance of 223.46 feet to a Point of Curvature (PC); THENCE along the Arc of a Curve which is concave to the West a distance of 261.83 feet,whose Radius is 319.98 feet,whose Delta is 46°53'03"and whose Long Chord bears North 24°12'S5"West a distance of 254.59 feet to a Point of Compound Curvature (PCC); THENCE along the Arc of a Curve which is concave to the Southwest a distance of 38.70 feet, whose Radius is 749.38 feet,whose Delta is 02°57'32"and whose Long Chord bears North 49°08'22" West a distance of 38.69 feet; THENCE North 39°22'S2"East along a line being non-tangent to aforesaid curve a distance of 60.00 feet to a point on a curve, said curve being non-tangent to aforesaid line; THENCE along the Are of a Curve which is concave to the North a distance of 21.21 feet, whose Radius is 15.00 feet, whose Delta is 80°39'37" and whose Long Chord bears North 89°03'03"East a distance of 19.42 feet to a PRC;THENCE along the Arc of a Curve which is concave to the South a distance of 268.62 feet, whose Radius is 380.00 feet,whose Delta is 40°30'07"and whose Long Chord bears North 68°58'19" East a distance of 263.06 feet to a PT;THENCE North 890 13'23"East a distance of 100.00 feet to a PC; THENCE along the Arc of a Curve which is concave to the Northwest a distance of 345.58 feet, whose Radius is 220.00 feet, whose Delta is 90°00'00"and whose Long Chord bears North 44°13'23"East a distance of 311.13 feet to a PT; THENCE North 00046'37" West a distance of 115.00 feet to a PC; THENCE along the Arc of a Curve which is concave to the Southwest a distance of 23.56 feet, whose Radius is 15.00 feet, whose Delta is 90°00'00" and whose Long Chord bears North 45°46'37" West a distance of 21.21 feet to a point on the South line of H.H.-36 Annexation;THENCE North 89°13'23"East along said South line a distance of 514.32 feet,said line being non-tangent to aforesaid curve to said West line of said Fossil Lake Annexation No. 2; THENCE South 00°00'10" East along said West line a distance of 1271.83 feet to the POINT OF BEGINNING. Said parcel contains 25.151 acres more or less (±). is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Homestead 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. 2 Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk 3 ORDINANCE NO. 037, 2004 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 HOMESTEAD 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 Homestead 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: Parcel of land Located in the Northeast Quarter(NE1/4) of Section Eight (8),Township Six North (T.6N.),Range Sixty-eight West(R.68W.),Sixth Principal Meridian(6th P.M.),County of Larimer, State of Colorado and being more particulary described as follows: Commencing at the North Sixteenth(Nl/16)Corner common to Section Nine(9)and said Section 8 and assuming the East line of the Northeast Quarter of said NE1/4 (NEl/4-NE1/4)as bearing South 00°00'00"East a distance of 1321.91 feet with all other bearings contained herein relative thereto: THENCE South 89°22'21"West long the South line of said NEl/4-NE1/4 a distance of 30.00 feet to the West line of Fossil Lake Annexation No. 2, said point being the POINT OF BEGINNING; THENCE continuing South 89°22'21" West along said South line a distance of 926.86 feet; THENCE North 00°46'37"West a distance of 193.75 feet to a point on a curve,said curve being non-tangent to aforesaid line; THENCE along the Arc of a Curve which is concave to the North a distance of 131.30 feet, whose Radius is 50.00 feet,whose Delta is 150°27'17"and whose Long Chord bears North 39'08'04" West a distance of 96.69 feet to a Point of Reverse Curvature (PRC); THENCE along the Arc of a Curve which is concave to the Northwest a distance of 32.18 feet, whose Radius is 50.00 feet, whose Delta is 36°52'12" and whose Long Chord bears North 17°39'29" East a distance of 31.62 feet to a Point of Tangency (PT); THENCE North 00046'37" West a distance of 223.46 feet to a Point of Curvature (PC); THENCE along the Arc of a Curve which is concave to the West a distance of 261.83 feet,whose Radius is 319.98 feet,whose Delta is 46°53'03"and whose Long Chord bears North 24°12'S5"West a distance of 254.59 feet to a Point of Compound Curvature (PCC); THENCE along the Arc of a Curve which is concave to the Southwest a distance of 38.70 feet, whose Radius is 749.38 feet, whose Delta is 02°57'32" and whose Long Chord bears North 49°08'22" West a distance of 38.69 feet; THENCE North 39°22'52"East along a line being non-tangent to aforesaid curve a distance of 60.00 feet to a point on a curve, said curve being non-tangent to aforesaid line; THENCE along the Are of a Curve which is concave to the North'a distance of 21.21 feet, whose Radius is 15.00 feet, whose Delta is 80°39'37" and whose Long Chord bears North 89°03'03"East a distance of 19.42 feet to a PRC; THENCE along the Arc of a Curve which is concave to the South a distance of 268.62 feet, whose Radius is 380.00 feet,whose Delta is 40°30'07"and whose Long Chord bears North 68°58'19" East a distance of 263.06 feet to a PT;THENCE North 89°13'23"East a distance of 100.00 feet to a PC; THENCE along the Arc of a Curve which is concave to the Northwest a distance of 345.58 feet, whose Radius is 220.00 feet, whose Delta is 90°00'00" and whose Long Chord bears North 44'13'23"East a distance of 311.13 feet to a PT; THENCE North 00046'37" West a distance of 115.00 feet to a PC; THENCE along the Arc of a Curve which is concave to the Southwest a distance of 23.56 feet, whose Radius is 15.00 feet, whose Delta is 90000'00" and whose Long Chord bears North 45°46'37" West a distance of 21.21 feet to a point on the South line of H.H.-36 Annexation; THENCE North 89°13'23"East along said South line a distance of 514.32 feet,said line being non-tangent to aforesaid curve to said West line of said Fossil Lake Annexation No. 2; THENCE South 00°00'10" East along said West line a distance of 1271.83 feet to the POINT OF BEGINNING. Said parcel contains 25.151 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 is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section3. That the CityManageris hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of February, A.D. 2004, and to be presented for final passage on the 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of March, A.D. 2004. Mayor ATTEST: City Clerk No m u■ . ran MIN /�; � �11 III inn nll� �nnml �� iu■ � � III�� IITu'1111��1111111 ;�� nn � o ■ l� yap Pqi } t�� _ _ Afl ull Al rF A�� ry+xr� 1 M ��■■■■■ ' 111111111 � f ,: • I' ■.■■■■ 1111,,,' \.\ i \O :: O\ - u ul��I+ a'ryi��F �'4n } � � �P 4 ■� mum . 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