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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2000 - ITEMS RELATING TO THE HEARTHFIRE WAY ANNEXATION AN AGENDA ITEM SUMMARY ITEM NUMBER: 23 A-C FORT COLLINS CITY COUNCIL DATE: August 15, 2000STAFF: Steve Olt SUBJECT: Items Relating to the Hearthfire Way Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Resolution and of the Ordinances on First Reading. The Planning and Zoning Board voted 4-0 to recommend adoption of the annexation and requested zoning. EXECUTIVE SUMMARY: A. Resolution 2000-99 Setting Forth Findings of Fact and Determinations Regarding the Hearthfire Way Annexation and Zoning. B. First Reading of Ordinance No. 105, 2000, Annexing Property Known as the Hearthfire Way Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 106, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Hearthfire Way Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 3.21 acres located on the south side of Douglas Road (County Road 54), east of County Road 13, and west of County Road 11. The existing Hearthfire PUD (in the City of Fort Collins) is to the south. The property is a constructed roadway and presently serves as the access to the existing Hearthfire PUD. The requested zoning for this annexation is UE — Urban Estate. The surrounding properties are zoned O - Open (to the north, in Latimer County), FA1- Farming (to the east, in Latimer County), FA-I - Farming (to the west, in Latimer County), and UE (to the south). Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment would be necessary to place this property on the Residential Neighborhood Sign District Map. APPLICANT: March &Liley, P.C. c/o Lucia Liley 110 East Oak Street, Suite 2000 Fort Collins, CO 80524 OWNER: Hearthfire, Inc. 11941 West 48th Avenue Wheatridge, CO 80033 DATE: August 15, 2000 2 ITEM NUMBER: 23 A-C BACKGROUND: The applicant, March & Liley, P.C., on behalf of the property owners, Hearthfire, Inc., has submitted a written petition requesting annexation of 3.21 acres located on the south side of Douglas Road (County Road 54), east of County Road 13, and west of County Road 11. The existing Hearthfire PUD (in the City of Fort Collins) is to the south. The property is a constructed roadway and presently serves as the access to the existing Hearthfire PUD. The requested zoning for this annexation is UE—Urban Estate. The surrounding properties are zoned O - Open (to the north, in Larimer County), FA1- Farming (to the east, in Larimer County), FA- 1 - Farming (to the west, in Larimer County), and UE (to the 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 of Fort Collins and Latimer 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 complies with State regulations by meeting the requirement for 1/6 contiguity to existing City limits. This occurs through a common boundary with the Country Club North Second Annexation (January, 1984) to the south. The surrounding zoning and land uses are as follows: N: O in Latimer County; existing large acreage residential E: FA-1 in Larimer County; existing large acreage residential S: UE; existing single family residential (Hearthfire PUD) W: FA-1 in Latimer County; existing large acreage 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 an 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 which 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. 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 of Fort Collins. 3. On June 20, 2000, the City Council approved a resolution which accepted the annexation petition and determined that the petition was in compliance with State law. The DATE: August 15, 2000 3 ITEM NUMBER: 23 A-C 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 adoption of the annexation and requested zoning. 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. jPLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting of July 20, 2000, voted 4-0 to recommend adoption of the annexation and requested zoning as part of the Board's Consent Agenda. The Planning and Zoning Board voted 4-0 (as part of the Board's Consent Agenda) to recommend that this property be included in the Residential Neighborhood Sign District. I I i � i 1 RESOLUTION 2000-99 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE HEARTHFIRE WAY ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Hearthfire Way 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 Hearthfire Way 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 15th day of August, A.D. 2000. Mayor ATTEST: City Clerk ORDINANCE NO. 105, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HEARTHFIRE WAY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2000-87,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: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 19 AND THE NORTHWEST QUARTER OF SECTION 30,TOWNSHIP 8 NORTH,RANGE 68 WEST,OF THE 6TH P.M.,LARIMER COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 30 AS BEARING SOUTH 89` 59' 50" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 30; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 30 SOUTH 00` OT 11" EAST 139.64 FEET TO THE NORTHERLY LINE OF COUNTRY CLUB NORTH SECOND ANNEXATION TO THE CITY OF FORT COLLINS COLORADO; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1)SOUTH 55"50'50"EAST 1140.76 FEET;2)SOUTH Ol`36'50"EAST 286.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 53' 40' 56" EAST 69.85 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11` 39' 59" AND A RADIUS OF 619.50 FEET; THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 126.14 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 65` 20' 55" EAST 266.78 FEET;THENCE SOUTH 69` 51'05" EAST 88.13 FEET;THENCE SOUTH 65` 20'55"EAST 35.70 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90`00'00"AND A RADIUS OF 10.00 FEET;THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 15.71 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE NORTH 24` 39' 05" EAST 299.50 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 78` 27'39"AND A RADIUS OF 407.00 FEET;THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 557.35 FEET TO THE END OF SAID CURVE;THENCE TANGENT FROM SAID CURVE NORTH 53" 48' 34" WEST 215.63 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 45° 18' 12"AND A RADIUS OF 400.00 FEET;THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 316.28 FEET TO THE END OF SAID CURVE;THENCE NORTH 89' 59'S0"WEST 210.01 FEET;THENCE NORTH 00° 00' 10" EAST 112.00 FEET; THENCE SOUTH 89` 59' 50" EAST 296.61 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90` 00'00" AND A RADIUS OF 10.00 FEET;THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 15.71 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 00° 00' 10" WEST 72.38 FEET TO THE BEGINNING OF TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 53' 48'44"AND A RADIUS OF 297.38 FEET;THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 279.30 FEET TO THE END OF SAID CURVE;THENCE TANGENT FROM SAID CURVE SOUTH 53` 48'34"EAST 215.63 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 78`27'39"AND A RADIUS OF 473.00 FEET; THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 647.73 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 24` 39'05"WEST 299.50 FEET TO THE BEGINNING OF TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90° 00' 00" AND A RADIUS OF 10.00 FEET; THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 15.71 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 65' 20' S5" EAST 213.22 FEET TO SAID NORTHERLY LINE OF COUNTRY CLUB NORTH ANNEXATION;THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING THREE(3)COURSES AND DISTANCES: 1)NORTH 71"35'S0" WEST 361.33 FEET; 2)NORTH 60' 10' 50" WEST 520.00 FEET; 3)NORTH 01` 36' 50"WEST 13.93 FEET TO THE TRUE POINT OF BEGINNING. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Hearthfire Way Annexation. 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 15th day of • August, A.D. 2000, and to be presented for final passage on the 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of September, A.D. 2000. Mayor ATTEST: . City Clerk • 3 ORDINANCE NO. 106, 2000 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 HEARTHFIRE WAY 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 Hearthfire Way 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: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 19 AND THE NORTHWEST QUARTER OF SECTION 30,TOWNSHIP 8 NORTH,RANGE 68 WEST,OF THE 6TH P.M.,LARIMER COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 30 AS BEARING SOUTH 89' 59' 50" EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 30; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 30 SOUTH OO' 07' 11"EAST 139.64 FEET TO THE NORTHERLY LINE OF COUNTRY CLUB NORTH SECOND ANNEXATION TO THE CITY OF FORT COLLINS COLORADO; THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING TWO (2) COURSES AND DISTANCES: 1)SOUTH 55`50'50"EAST 1140.76 FEET;2)SOUTH 01°36,50"EAST 286.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 53° 40' S6" EAST 69.85 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEF F HAVING A CENTRAL ANGLE OF 11" 39' 59" AND A RADIUS OF 619.50 FEET; THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 126.14 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 65` 20' 55" EAST 266.78 FEET;THENCE SOUTH 69" 51'05" EAST 88.13 FEET;THENCE SOUTH 65' 20'55"EAST 35.70 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90°00'00"AND A RADIUS OF 10.00 FEET;THENCE ALONG THE ARC OF SAID CURVE NORTHEASTERLY 15.71 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE NORTH 24' 39' 05" EAST 299.50 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 78'27'39"AND A RADIUS OF 407.00 FEET;THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 557.35 FEET TO THE END OF SAID CURVE;THENCE TANGENT FROM SAID CURVE NORTH 53` 48' 34" WEST 215.63 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 45` 18' 12"AND A RADIUS OF 400.00 FEET;THENCE ALONG THE ARC OF SAID CURVE NORTHWESTERLY 316.28 FEET TO THE END OF SAID CURVE;THENCE NORTH 89` 59'50"WEST 210.01 FEET;THENCE NORTH 00` 00' 10" EAST 112.00 FEET; THENCE SOUTH 89' 59' 50" EAST 296.61 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90` 00'00"AND A RADIUS OF 10.00 FEET;THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 15.71 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 00' 00' 10" WEST 72.38 FEET TO THE BEGINNING OF TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 53' 48'44"AND A RADIUS OF 297.38 FEET;THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 279.30 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 53"48'34" EAST 215.63 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 78`27'39"AND A RADIUS OF 473.00 FEET; THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 647.73 FEET TO THE END OF SAID CURVE;THENCE TANGENT FROM SAID CURVE SOUTH 24' 39'05"WEST 299.50 FEET TO THE BEGINNING OF TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90" 00' 00" AND A RADIUS OF 10.00 FEET; THENCE ALONG THE ARC OF SAID CURVE SOUTHEASTERLY 15.71 FEET TO THE END OF SAID CURVE; THENCE TANGENT FROM SAID CURVE SOUTH 65` 20' 55" EAST 213.22 FEET TO SAID NORTHERLY LINE OF COUNTRY CLUB NORTH ANNEXATION;THENCE ALONG SAID NORTHERLY LINE THE FOLLOWING THREE(3)COURSES AND DISTANCES: 1)NORTH 71`35'50" WEST 361.33 FEET; 2)NORTH 60` 10' 50" WEST 520.00 FEET; 3)NORTH 01` 36' 50" WEST 13.93 FEET TO THE TRUE POINT OF BEGINNING. . 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 City Engineer 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 15th day of August, A.D. 2000, and to be presented for final passage on the 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of September, A.D. 2000. w Mayor ATTEST: City Clerk • i OUT I Z7 I # n\ ion OUT r , UE I = ea hf Serramo to Mighl' OU . : i I I i UT LMN ti I � it OUT VICINITY MAP 12/01/99 #38-99 Hearthf ire Way Annexation & Zoning Type 11 (LUC) 1"=1000'