HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2000 - ITEMS RELATING TO THE TRILBY HEIGHTS SIXTH ANNEXAT AGENDA ITEM SUMMARY ITEM NUMBER: 25 A-C
DATE: August 15, 2000
FORT COLLINS CITY COUNCIL STAFF:
Steve Olt
SUBJECT:
Items Relating to the Trilby Heights Sixth 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 2000-101 Setting Forth Findings of Fact and Determinations Regarding the
Trilby Heights Sixth Annexation and Zoning.
B. First Reading of Ordinance No. 109, 2000, Annexing Property Known as the Trilby
lip Heights Sixth Annexation to the City of Fort Collins.
C. First Reading of Ordinance No. 110, 2000, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Trilby Heights
Sixth Annexation to the City of Fort Collins, Colorado.
This is a request to annex and zone 6.54 acres located on the west side of South Shields Street
and south of Trilby Road. The property is partially developed as a roadway (Trilby Road), and
the remainder is undeveloped. It is in the FA1 —Farming Zoning District in Larimer County. The
requested zoning in the City of Fort Collins is LMN — Low Density Mixed-Use Neighborhood
and 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.
APPLICANT: March & Liley, P.C.
c/o Lucia Liley
110 East Oak Street, Suite 200
Fort Collins, CO 80524
OWNER: Dalco Land, L.L.C.
c/o U.S. Homes Corporation
6000 Greenwood Plaza Boulevard, Suite 200
Englewood, CO 80111
DATE: August 15, 2000 2 ITEM NUMBER: 25 A-C
BACKGROUND:
The applicant, March & Liley, P.C., on behalf of the property owners, Dalco Land, L.L.C., has
submitted a written petition requesting annexation of 6.54 acres located on the west side of
South Shields Street and south of Trilby Road. The property is partially developed as a roadway
(Trilby Road), with the remainder being undeveloped. It is in the FA —Farming Zoning District
in Larimer County. The requested zoning for this annexation is LMN —Low Density Mixed-Use
Neighborhood and UE — Urban Estate. The surrounding properties are zoned FA1 (to the north,
in Larimer County), LMN and UE (to the east), FA1 (to the west, in Larimer County), and FAl
(to the south, in Larimer County). This is a 100% voluntary annexation.
This is 6.54 acre tract includes a portion of the north '/2 of the Trilby Road right-of-way (west of
South Shields Street) and a 32' to 39' wide strip of land that is contiguous to but outside of the
City of Fort Collins Urban Growth Area boundary. The strip of land runs north —south along the
west side of the Registry Ridge PUD, First and Third Filings, both residential developments in
the City. The requested LMN portion of the site is 4.208 acres in size and the requested UE
portion of the site is 2.333 acres in size. The proposed break between the two zoning districts
corresponds to the existing zoning delineation in the Registry Ridge PUD to the east.
The subject property is located partially within and partially outside of the Fort Collins Urban
Growth Area. 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 consider annexation of property in the UGA when the
property is eligible for annexation according to State Law. Section 2.10 Annexations, Subsection
D of the Intergovernmental Agreement states:
The Country agrees that the City, in its sole discretion, (except as provided in
Sections 1.8 and 2.10(A) of this agreement) may annex outside the Fort Collins
Urban Growth Area. The City agrees that the proposed annexations outside of the
Fort Collins Urban Growth Area will be sent by certified mail to the Board of
County Commissioners for review and comment at least thirty-five (35) days
prior to the scheduled public hearing on the annexation before the City Council.
A letter from the City's Current Planning Department regarding the requested Trilby Heights
Sixth Annexation and Zoning (along with the Petition for Annexation, annexation plat,
appropriate legal descriptions, and other supporting documentation) was sent to the Board of
County Commissioners by certified mail on July 10, 2000.
This property complies with State regulations by meeting the requirement for 1/6 contiguity to
existing City limits. This occurs through common boundaries with the Trilby Heights Fourth
Annexation (October, 1986) to the south and east, and the Trilby Heights Fifth Annexation
(November, 1986) to the east.
DATE: August 15, 2000 3 ITEM NUMBER: 25
The surrounding zoning and land uses are as follows:
N: FA in Larimer County; existing residential
E: LMN, UE; planned residential & commercial (Registry Ridge PUD)
S: FA in Latimer County; undeveloped
W: FA in Latimer County; undeveloped, City natural area
The requested zoning for this annexation is the LMN — Low Density Mixed-Use Neighborhood
and UE — Urban Estate Zoning Districts. There are numerous uses permitted in these Districts,
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 Low Density Mixed-Use
Neighborhood and Urban Estate are 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
Latimer 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
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 LMN — Low Density Mixed-Use Neighborhood and UE — Urban Estate
Zoning Districts are 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.
6
DATE: August 15, 2000 4 ITEM NUMBER: 25 A-C
PLANNING 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.
RESOLUTION 2000-101
• OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE TRILBY HEIGHTS SIXTH ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Trilby Heights Sixth 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 Trilby
Heights Sixth 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. 101, 2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
TRILBY HEIGHTS SIXTH ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2000-85,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 TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 15 AND
SOUTH HALF OF SECTION 10 ALL IN TOWNSHIP 6 NORTH,RANGE 69 WEST
OF THE 6T" PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF
COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
. CONSIDERING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 15 AS BEARING SOUTH 00°03'24" WEST AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 15;
THENCE ALONGTHEEAST LINE OF SAID NORTHWEST QUARTER,SOUTH
00°03'24"WEST,5240.38 FEET TO THE SOUTH QUARTER CORNER OF SAID
SECTION 15; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15, SOUTH 89°05'51" WEST, 39.01 FEET;
THENCE NORTH 00'03'24" EAST ALONG A LINE PARALLEL WITH AND
39.00 FEET WEST OF THE WEST LINE OF THE EAST HALF OF SAID
SECTION 15 A DISTANCE OF 3923.19 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID
SECTION 15;THENCE,SOUTH 89'32'10"WEST ALONG SAID SOUTH LINE
OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION
15 A DISTANCE OF 5.20 FEET; THENCE, NORTH 00°34'58" EAST, 1287.61
FEET TO A POINT ON THE SOUTHERLY LINE OF TRILBY ROAD;THENCE,
NORTH 00'34'58"EAST,60.01 FEET TO A POINT ON THE NORTHERLY LINE
OF SAID TRILBY ROAD; THENCE, ALONG SAID NORTHERLY LINE,
NORTH 89°28'18" EAST, 2720.92 FEET; THENCE SOUTH 00`00'07" EAST,
30.00 FEET TO THE NORTHEAST CORNER OF SAID SECTION 15;THENCE,
• SOUTH 89*28'18' WEST, ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 15, 2689.12 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 6.541 ACRES MORE
OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY NOW ON RECORD OR
EXISTING.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the Trilby Heights Sixth 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.
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
• ORDINANCE NO. 110, 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 TRILBY HEIGHTS SIXTH 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 following described property known as the Trilby Heights Sixth
Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood
(LMN) Zone District, which property is more particularly described as situate in the County of
Latimer, State of Colorado, to wit:
LMN ZONE PORTION
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 15 AND
SOUTH HALF OF SECTION 10 ALL IN TOWNSHIP 6 NORTH, RANGE 69
WEST OF THE 6"'PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE
OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 15 AS BEARING SOUTH 00°03'24" WEST AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 15;
THENCE ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,
SOUTH 00°03'24"WEST,2634.98 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 15;THENCE ALONG SAID
SOUTH LINE, SOUTH 89°36'02" WEST, 39.01 FEET; THENCE, NORTH
• 00`03'24" EAST ALONG A LINE PARALLEL WITH AND 39.00 FEET WEST
OF THE WEST LINE OF THE EAST HALF OF SAID SECTION 15 A DISTANCE
OF 1317.45 TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF
THE NORTHWEST QUARTER OF SAID SECTION 15; THENCE, SOUTH
89°32'10" WEST ALONG SAID SOUTH LINE A DISTANCE OF 5.20 FEET;
THENCE, DEPARTING SAID SOUTH LINE, NORTH 00°34'58" EAST A
DISTANCE OF 1347.62 FEET TO A POINT ON THE NORTHERLY LINE OF
TRILBY ROAD; THENCE ALONG SAID NORTHERLY LINE NORTH
89.28'18" EAST, 2720.92 FEET; THENCE DEPARTING SAID LINE, SOUTH
00'00'07" EAST, 30.00 FEET TO THE NORTHEAST CORNER OF SAID
SECTION 15; THENCE, ALONG THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 15,SOUTH 89.28'18"WEST, 2689.12 FEET TO
THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 4.208 ACRES MORE
OR LESS AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY
NOW ON RECORD OR EXISTING.
Section 2. 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 following described property known as the Trilby Heights Sixth
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 Latimer,State of Colorado,to wit:
UE ZONE PORTION
A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 15,
TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6"'PRINCIPAL MERIDIAN,
COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 15 AS BEARING SOUTH 00°03'24" WEST AND WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO:
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 15;
THENCE ALONG THE EAST LINE OF SAID NORTHWEST QUARTER,
SOUTH 00°03'24"EAST,2634.98 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 15, SAID POINT ALSO
BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
EAST LINE,SOUTH 00°03'24"WEST,2605.40 FEET TO A POINT BEING THE
SOUTH QUARTER CORNER OF SAID SECTION 15; THENCE ALONG THE
SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15,
SOUTH 89°05'51" WEST, 39.01 FEET; THENCE, NORTH 00'03'24" EAST
ALONG A LINE PARALLEL WITH AND 39.00 FEET WEST OF THE WEST
LINE OF THE EAST HALF OF SAID SECTION 15 A DISTANCE OF 2605.74
. FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 15;THENCE ALONG SAID LINE,NORTH 89`36'02"EAST,
39.01 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 2.333 ACRES MORE
OR LESS AND IS SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY
NOW ON RECORD OR EXISTING.
Section3. 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 4. 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.
Mayor
ATTEST:
City Clerk
•
� I
�i I
-71
t
I
�a ICI
.17D
Are
a to be
s
Annexe
� Count I
VICINITY MAP 05/08/00
#16-00 Trilby Heights "
Annexation & Zoning
Type 11 LUC 1"=1000•