HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/20/2004 - RESOLUTION 2004-080 FINDING SUBSTANTIAL COMPLIANCE ITEM NUMBER: 38
AGENDA ITEM SUMMARY DATE: July20, 2004
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Resolution 2004-080 Finding Substantial Compliance and Initiating Annexation Proceedings for the
Feather Ridge Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
The Feather Ridge Annexation is 15.46 acres in size. The site is located approximately 1,200 feet
east of Ziegler Road, north of Hewlett-Packard, and approximately 2,144 feet north of East
Harmony Road. Contiguity with the existing municipal boundary is gained along the southern
boundary which is shared with the north property line of the Preston—Kelley Second Subdivision
(Hewlett-Packard and Agilent Technologies). Contiguity is also gained along the western boundary
which is shared with the east property line of Woodland Park Estates P.U.D. and along the north
boundary which is shared with the Robert Shields Subdivision. The recommended zoning is U-E,
Urban Estate. This zoning complies with the recently amended Structure Plan Map.
The proposed Resolution states that it is the City's intent to annex this property and directs that the
published notice required by State law be given of the Council's hearing to consider the needed
annexation ordinance. Notice of the hearing must be given at least 30 days prior to the hearing. The
hearing will be held at the time of First Reading of the annexation and zoning ordinances on
September 7, 2004.
BACKGROUND
This is a 100% voluntary annexation for a property located within the Growth Management Area.
The property satisfies the requirement that no less than one-sixth of the perimeter boundary be
contiguous to the existing city boundary.
RESOLUTION 2004-080
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR THE
FEATHER RIDGE ANNEXATION
WHEREAS, a written petition, together with four (4) prints of an annexation map, was
heretofore filed with the City Clerk requesting the annexation of certain property to be known as the
Feather Ridge Annexation; and
WHEREAS,the Council of the City of Fort Collins desires to initiate annexation proceedings
in accordance with law.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby accepts the annexation petition for the Feather Ridge
Annexation, more particularly described as situate in the County of Latimer, State of Colorado, to
wit:
A TRACT OF LAND SITUATED IN THEW 1/2 OF SECTION 33,TOWNSHIP 7 NORTH,RANGE
68 WEST OF THE 6TH P.M. LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE
WEST LINE OF SAID SECTION 33 AS BEARING N 00'07'10"W WITH ALL BEARINGS
CONTAINED WITHIN RELATIVE THERETO:
COMMENCING AT THE WEST ONEQUARTEROF SAID SECTION 33,THENCE P00'07'10"W
ALONG THE WEST LINE OF SAID SECTION 33, 300.80 FEET; THENCE s89°43'50"E,
1215.00 FEET TO THE POINT OF BEGINNIN(I HENCE CONTINUING s89'43'50"E,760.08
FEET TO THE WEST RIGHT-OF-WAY LINE OF THE FOSSIL CREEK RESERVOIR INLET ;
THENCE s29`44'50"E ALONG SAID WEST RIGHT-OF-WAY LINE,446.71 FEET;THENCE
S46'06'20"E ALONG SAID WEST RIGHT-OF-WAY LINE, 422.30 FEET; THENCE
s89'42'50"W, 1234.46 FEET; THENCE N45'17'10"W, 70.72 OF LARUYIER, STATE OF
COLORADO.
CONTAINING 15.461 ACRES MORE OR LESS.
Section 2. That the Council hereby finds and determines that the annexation petition and
accompanying map are in substantial compliance with the Municipal Annexation Act.
Section 3. That the Notice attached hereto be adopted as apart of this Resolution. Said
Notice establishes the date,time and place when a public hearing will be held regarding the passage
of annexation and zoning ordinances pertaining to the above described property. The City Clerk is
directed to publish a copy of this Resolution and said Notice as provided in the Municipal
Annexation Act.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
6th day of July, A.D. 2004,
Mayor
ATTEST:
City Clerk
2
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a
Resolution initiating annexation proceedings for the Feather Ridge Annexation, said Annexation
being more particularly described in said Resolution, a copy of which precedes this Notice.
That,on September 7,2004,at the hour of 6:00 p.m.,or as soon thereafter as the matter may
come on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins,
Colorado,the Fort Collins City Council will hold a public hearing upon the annexation petition and
zoning request for the purpose of finding and determining whether the property proposed to be
annexed meets the applicable requirements of Colorado law and is considered eligible for annexation
and for the purpose of determining the appropriate zoning for the property included in the
Annexation. At such hearing,any persons may appear and present such evidence as they may desire.
The Petitioner has requested that the Property included in the Annexation be placed in the
"UE" Urban Estate Zone District.
The City of Fort Collins will make reasonable accommodations for access to City services,
programs and activities and will make special communication arrangements for persons with
disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
Dated this 25th day of July, A.D. 2004.
City Clerk
ITEM NO. 2
MEETING DATE 7/15/04
STAFF Ted Shepard
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Feather Ridge Annexation and Zoning #20-04
APPLICANTS: Julie Baker and Wendy Meyer
3113 Rockwood Drive
Fort Collins, CO 80525
C/o V-F Ripley Associates
401 West Mountain Avenue
Fort Collins, CO 80521
OWNERS: Julie Baker and Wendy Meyer
3113 Rockwood Drive
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request to annex and zone a 15.46 acre parcel. The site is located
approximately 1,200 feet east of Ziegler Road, north of Hewlett-Packard, and
approximately 2,144 feet north of East Harmony Road. Contiguity with the existing
municipal boundary is gained along the southern boundary which is shared with the
north property line of the Preston — Kelley Second Subdivision (Hewlett-Packard and
Agilent Technologies). Contiguity is also gained along the western boundary which is
shared with the east property line of Woodland Park Estates P.U.D.), and along a
portion of the north boundary which is shared with the Robert Shields Subdivision. The
recommended zoning is U-E, Urban Estate. This zoning complies with the recently
amended Structure Plan Map.
RECOMMENDATION: Approval
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N.College Ave. PO.Box 580 Fort Collins,CO 80522-0580 (970)221-6750
PLANNING DEPARTMENT
Feather Ridge, Annexation and Zoning, File #20-04
July 15, 2004 Neighborhood Meeting
Page 2
EXECUTIVE SUMMARY:
This is a 100% voluntary annexation for a property located within the Growth
Management Area. The property satisfies the requirement that no less than one-sixth of
the perimeter boundary be contiguous to the existing City boundary. The recommended
zoning of U-E, Urban Estate, is in compliance with the City's Comprehensive Plan and
Structure Plan Map. Staff recommends the parcel be placed within the Residential
Neighborhood Sign District. The initiating resolution will be considered by City Council
on July 20, 2004. The item is scheduled for first reading by City Council on September
7, 2004.
COMMENTS:
1. Background:
According to the policies and agreements between the City of Fort Collins and Larimer
County, contained in the amended (November 21, 2000) INTERGOVERNMENTAL
AGREEMENTS — GROWTH MANAGEMENT AREA (I.G.A.), the City will agree to
consider for annexation property in the U.G.M.A. when such property is eligible for
annexation according to State law. According to the I.G.A., as amended,:
"it is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in
Section 8(B), the City agrees to consider the annexation of any parcel or parcels
of land located within the GMA which are eligible for voluntary annexation
pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes."
The surrounding zoning and land uses are as follows:
N: U-E; Existing Residential (Robert Shields Subdivision)
S: H-C; Existing Light Industrial and Office (Agilent Technologies & Hewlett-Packard)
E: FA-1 (County), Existing Rural Residential
W: R-L; Existing Single Family (Woodland Park Estates)
The parcel gains the necessary one-sixth contiguity along the entire south and west
property lines. In addition, contiguity is gained along a portion of the north property line.
Of the total perimeter boundary, the parcel has 61% contiguity with the City limits. This
substantially exceeds the required minimum of 16.66% (one-sixth). The parcel,
therefore, complies with the requirements of the INTERGOVERNMENTAL
AGREEMENT — GROWTH MANAGEMENT AREA and is eligible for annexation.
Feather Ridge, Annexation and Zoning, File #20-04
July 15, 2004 Neighborhood Meeting
Page 3
One of the stated intents of the AGREEMENT is to have urban development occur
within the City in order that the provision of urban level services by the County would be
minimized. This is a 100% voluntary annexation. The parcel is not an enclave. On July
20, 2004, City Council will consider a Resolution which accepts the annexation petition
and establishes that the petition is in compliance with State statutes.
2. Zoning:
The proposed zoning for the Feather Ridge Annexation is U-E, Urban Estate. The U-E
district is intended to be a setting for a predominance of low-density and large-lot
housing. The main purposes of this District are to acknowledge the presence of the
many existing subdivisions which have developed in these uses that function as parts of
the community and to provide additional locations for similar development, typically in
transitional locations between more intense urban development and rural or open lands.
The requested zoning of U-E complies with the City's Structure Plan Map. In addition,
Staff recommends the parcel be placed within the Residential Neighborhood Sign
District.
3. Compliance with State Law:
As mentioned, the annexation has 61% of its perimeter boundary contiguous with
existing City limits which exceeds the required one-sixth as mandated by State law.
Further, the parcel is found to have a community of interest with the City and the parcel
is expected to urbanize shortly.
4. Findings of Fact/Conclusion:
In evaluating the request for the Feather Ridge Annexation and Zoning, Staff makes the
following findings of fact:
A. The annexation of this parcel is consistent with the policies and agreements
between Larimer County and the City of Fort Collins, as contained in the
amended INTERGOVERNMENTAL AGREEMENT— GROWTH MANAGEMENT
AREA.
B. The parcel meets all criteria included in State law to qualify for annexation by the
City of Fort Collins.
Feather Ridge, Annexation and Zoning, File #20-04
July 15, 2004 Neighborhood Meeting
Page 4
C. The requested zone district, U-E, Urban Estate, is in conformance with the City's
Comprehensive Plan (City Plan) and the recently amended City Structure Plan
Map.
D. Staff recommends the parcel be placed within the Residential Neighborhood Sign
District.
E. On July 20, 2004, City Council will consider a Resolution which accepts the
annexation petition and determines that the petition is in compliance with State
law.
RECOMMENDATION:
Staff recommends that the Planning and Zoning Board recommend to City Council
approval of Feather Ridge Annexation and Zoning with U-E, Urban Estate zoning, and
placement within the Residential Neighborhood Sign District, #20-04.
June 8, 2004
Ted Shepard
City of Fort Collins
Current Planning Department
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80521
RE: Feather Ridge Annexation and Zoning
Dear Ted,
In accordance with Section 2.12 of the City of Fort Collins Land Use Code, this letter is a
formal request to annex and zone the properly known as the Feather Ridge Annexation.
The property consists of 15.461 acres and is located north of Harmony Road off of
Ziegler Road. A private drive off of Ziegler Road is the main point of access onto the
site. The Woodland Park Estates subdivision borders the site to the west, the Preston-
Kelley subdivision and Hewlett-Packard is located to the south, and the Robert Shields
subdivision lies to the north. The Fossil Creek Reservoir Inlet ditch borders the site on
the east running parallel to the property line. Surrounding zoning is RL(Low Density
Residential) to the west, UE(Urban Estate District)to the north, and HC (Harmony
Corridor District) to the south. The property was previously owned by the Thomas
family and zoned in Larimer County as FA1 (Farming District). In accordance with the
proposed future use, we are requesting that the zoning be changed to UE (Urban Estate
District).
The Feather Ridge development will provide a location for small-scale event and
reception uses. These types of uses may include weddings, anniversary parties, birthday
parties, office seminars, etc. Generous amounts of open space will be maintained on the
site with only a limited area being developed.
Annexation
Incorporating this property into municipal boundaries results in the following benefits to
the City:
• The City can take advantage of the property taxes generated by the development.
• The property will generate development impact fees.
Feather Ridge Annexation Page 1 6/8/2004
• The property is located within the Fort Collins Growth management Area (GMA)
and is eligible for voluntary annexation according to Colorado Revised Statutes
requiring at least 1/6 of the property to be contiguous with existing City limits.
Approximately 2195.86 feet of 3574.89 feet of the total property (61%)is
contiguous to the existing City limits. This contiguity occurs through common
boundaries to the north, south and west of the site.
City Plan Principles and Policies achieved by the proposed Feather
Ridge Annexation include:
PRINCIPLE LU-1: Growth within the city will promote a compact development
pattern within a well-defined boundary.
Policy LU-1.1 Compact Urban Form
The project is located in a vicinity of the southeast part of town that has been identified
on the City Structure Plan as an area designated for future growth.
PRINCIPLE LU-2: The city will maintain and enhance its character and sense of
place as defined by its neighborhoods,districts,corridors,and edges.
Policy LU-2.1 City-Wide Structure
Policy LU-2.2 Urban Design
With the southeast part of the City growing in activity, this project will enhance the urban
character of this area, adding an urban estate use to the surrounding proposed commercial
and residential identities, and therefore fitting into the City Structure Plan.
Policy CAD-1.5 Street Lighting
Lighting fixture design and illumination will be tailored to match the use of the private
drive. Lighting levels will be designed to adequately light the private drive while
avoiding spillover glare and preserving "dark sky" views at night.
PRINCIPLE CAD-5: The quality of life in Fort Collins will be enhanced by the
preservation of historic resources and inclusion of heritage in the daily life and
development of the city and community.
Feather Ridge Annexation Page 2 6/8/2004
Policy CAD-5.1 Survey,Identification, and Prioritization.
The developer is working with the Landmark Preservation Commission to preserve the
historic nature of the existing farmhouse and barn on the Feather Ridge site.
PRINCIPLE ENV-5: Natural habitat/ecosystems (wildlife, wetlands,and riparian
areas) will be protected and enhanced within the developed landscape of Fort
Collins.
Policy ENV-5.1 Protection and Enhancement
The site contains a large number of existing trees. The developers intend comply with
the buffer standards to preserve these trees and their wildlife habitat as much a possible.
PRINCIPLE GM-2: 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-2.1 Annexation Policies
The Feather Ridge property is located within the Community Growth Management Area.
The required infrastructure standards will be met by improving the private entry drive to
the standards required by the City. All utilities and storm drainage systems will be to
City or district standards.
Feather Ridge Annexation Page 3 6/8/2004
Colorado Revised Statutes Page 1 of 1
ST'RTz* STRrurr P'Ijc YmT iA r,At6 /e6 fac �Tr iA!
Revised Statutes (Constitution I House Rules I Senate Rules I Joint Rules I LegWativ* s t.
Next I Pre'I
31-12-108. Setting hearing date - notice given. (1) As a part of the resolution initiating
annexation proceedings by the municipality or of a resolution finding substantial
compliance of an annexation petition or of a petition for an annexation election, the
governing body of the annexing municipality shall establish a date, time, and place that
the governing body will hold a hearing to determine if the proposed annexation complies
with sections 31-12-104 and 31-12-105 or such parts thereof as may be required to
establish eligibility under the terms of this part 1. The hearing shall be held not less than
thirty days nor more than sixty days after the effective date of the resolution setting the
hearing. This hearing need not be held if the municipality has determined conclusively
that the requirements of sections 31-12-104 and 31-12-105 have not been met.
(2) The clerk shall give notice as follows: A copy of the resolution or the petition as filed
(exclusive of the signatures) together with a notice that, on the given date and at the given
time and place set by the governing body, the governing body shall hold a hearing upon
said resolution of the annexing municipality or upon the petition for the purpose of
determining and finding whether the area proposed to be annexed meets the applicable
requirements of sections 31-12-104 and 31-12-105 and is considered eligible for
annexation. Said notice shall be published once a week for four successive weeks in some
newspaper of general circulation in the area proposed to be annexed. The first publication
of such notice shall be at least thirty days prior to the date of the hearing. The proof of
publication of the notice and resolution or petition, or the summary thereof, shall be
returned when the publication is completed and; the certificate of the owner, editor, or
manager of the newspaper in which said notice is published shall be proof thereof, and a
hearing shall then be held as provided in said notice. A copy of the published notice,
together with a copy of the resolution and petition as filed, shall also be sent by registered
mail by the clerk to the board of county commissioners and to the county attorney of the
county wherein the territory is located and to any special district or school district having
territory within the area to be annexed at least twenty-five days prior to the date fixed for
such hearing. The notice required to be sent to the special district or school district by this
subsection (2) shall not confer any right of review in addition to those rights provided for
in section 31-12-116.
(3) The governing body of the annexing municipality, from time to time, may continue
the hearing to another date without additional notice if the volume of material to be
received cannot be presented within the available time for any given session; except that
no session of a hearing shall be so continued unless at least one hour of testimony has
been heard.
Revised Statutes jCanstitution ! Houte Rules I Senate,Rules I joint Rules I Legislative Srt.
OEM
[State Home I Colorado Legislature I Tom]
http://www.leg.state.co.us/inetcrs.nsf/.../b3a06a43e4f942558725665800500712?OpenDocumen 12/8/00
i 111111•r���� �I!
1 : �\■11�■�1 ���1��� I 7
►��■■■ram �•�j���� �11
1���iiiri�■ fo�i��� ♦�1I
�. O� :rrr■_■l�■urn■■■■ ■■
�. M ,.�..
�„.... `. ems•!! !! !! !! 111
INN Noon
■■■nm •• nnm •
*PR■P■■.:
' noon\� .ni•i \►��
p■..nu� ■.n■n■nrm ■o■rlIIIlntCa: ��1���■■■■�I�
i• ,nun Billion,•Inrn I rrlll rI . a■ ■���ir►ji�,
nnrrn//I
PRO
�► ♦ I�� 1 �IAR��AI�A �i
ii inni■�� nnnnl■np1 ♦ ♦ �lii■ riii■ �`-
': WORK
R RA
n■mrr�� .. �. �■ 1j '. 111111I���ut•I�%�j\�
►�nnn111Cwool
®�Millil
1
,I �� �1 _•/ I _
111 .off......
R ��Afff � . :■
+� �1�■■ff �i .:L+vLnr.:. BIIII IIIIII
.� wll�■Il�ff ,� �9
nnxn
11 nm.
fill 3
111 �
M111 �
e 111
LEJ
�- IS .. 0
n
son
xx on = ■x■xa
... �1 n ■ ■ x■�i nm x n■. �� ■■ ■ ■
:' ■ nn 1 . IS
i nnn :' ■x■x � I
A , nxn�iiiii � nx 111 ■nn
_ tllllllllll ®!!!!!
Om nm 3x111 —
R