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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/16/2004 - ITEMS RELATING TO THE HARMONY FARMS SECOND ANNEXAT ITEM NUMBER: 8 A-B AGENDA ITEM SUMMARY DATE: March 16, 2004 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Items Relating to the Harmony Farms Second Annexation. RECOMMENDATION Staff and the Planning and Zoning Board recommend adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 042, 2004, Annexing Property Known as the Harmony Farms Second Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 043,2004,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Harmony Farms Second Annexation to the City of Fort Collins, Colorado. BACKGROUND On March 2, 2004, Council unanimously adopted Resolution 2004-031 Setting Forth Findings of Fact and Determinations Regarding the Harmony Farms Second Annexation. On March 2, 2004, Council also unanimously adopted on First Reading Ordinance No. 042, 2004 and Ordinance No. 043, 2004, annexing and zoning the property known as the Harmony Farms Second Annexation. ORDINANCE NO. 042, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HARMONY FARM SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2004-011, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; and WHEREAS, the Council of the City of Fort Collins 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 situate in the County of Latimer, State of Colorado, to-wit: A TRACT OF LAND LOCATED INTHE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 AS BEARING SOUTH 1 DEGREE 49 MINUTES 3 SECONDS EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 4 THENCE S 1° 49" 03" E 726.47 FEET ALONG SAID WESTERLY LINE OF THE NORTHEAST QUARTER TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 1° 49" 03" E 726.47 FEET ALONG SAID WESTERLY LINE ALSO BEING THE EASTERLY LINE OF THE HARMONY FARM ANNEXATION TO THE CITY OF FORT COLLINS;THENCE, S 89`46' 03" E 300.00 FEET ALONG THE NORTHERLY LINE OF THE KENDALL- HARMONY ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 1° 49" 03" W 726.47 FEET ALONG THE WESTERLY LINE OF THE JOHNSON- HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89' 46' 03" W 300.00 FEET ALONG THE SOUTHERLY LINE OF THE RICKETT'S SECOND ANNEXATION TO THE CITY OF FORT COLLINS TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 5.00 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 Harmony Farm Second 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("the Subdistrict"). Upon inclusion into the Subdistrict,said property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict. Introduced, considered favorably on first reading, and ordered published this 2nd day of March A.D. 2004, and to be presented for final passage on the 16th day of March A.D. 2004. r� � , Mayor ATTEST:: O- City Clerk Passed and adopted on final reading this 16th day of March, A.D. 2004. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 043, 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 HARMONY FARM SECOND 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 Harmony Farm Second 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 Larimer, State of Colorado, to wit: A tract of land situate in the County of Larimer, State of Colorado, to-wit: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS: CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 4 AS BEARING SOUTH 1 DEGREE 49 MINUTES 3 SECONDS EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE NORTH 1/4 CORNER OF SAID SECTION 4 THENCE S V 49" 03" E 726.47 FEET ALONG SAID WESTERLY LINE OF THE NORTHEAST QUARTER TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 1° 49" 03" E 726.47 FEET ALONG SAID WESTERLY LINE ALSO BEING THE EASTERLY LINE OF THE HARMONY FARM ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,S 89° 46' 03" E 300.00 FEET ALONG THE NORTHERLY LINE OF THE KENDALL- HARMONY ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 1° 49" 03" W 726.47 FEET ALONG THE WESTERLY LINE OF THE JOHNSON- HARMONY ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89° 46' 03" W 300.00 FEET ALONG THE SOUTHERLY LINE OF THE RICKETT'S SECOND ANNEXATION TO THE CITY OF FORT COLLINS TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 5.00 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 not 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 2nd day of March, A.D. 2004, and to be presented for final passage on the 16th day-.Of March, A.D. 2004. Mayor TEST: City Clerk Passed and adopted on final reading this 16th day of March, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 20 A-C AGENDA ITEM SUMMARY DATE: March 2, 2004 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Items Relating to the Harmony Farm s Second Annexation. -^ r 'v RECOMMENDATION The Planning and Zoning Board recommends adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY A. Resolution 2004-031 Setting Forth Findings of Fact and Determinations Regarding the Harmony Farms Second Annexation. B. First Reading of Ordi nce 42, A xi operty Known as the Harmony Farms Second Annex n to th ity o o ollins, lorado. C. First Reading of Ordinance No. 043, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Harmony Farms Second Annexation to the City of Fort Collins, Colorado. BACKGROUND 1. State Law—Colorado is S C CdWrado Constitution A. CRS31-12-10 EligibiUfornpxation: y This property is eligible for annexation according to CRS,requiring 1/6 contiguity to the existing city limits. This annexation application complies with this standard since the property has 100% of its total boundary contiguous to the existing City limits. This contiguity occurs through a common boundary with the Rickettes Annexation (September 1993)on the north,the Harmony Farm Annexation on the west(July 1994), the Kendall-Harmony Annexation (6/2000) on the south, and the Johnson-Harmony Annexation (1/2000) on the east. March 2, 2004 -2- Item No. 20 A-C B. CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally Owned Land: When any unincorporated area is entirely contained within the boundaries of a municipality (i.e. and enclave), the governing body may by ordinance annex such territory to the municipality if said area has been so surrounded for a period of not less than three years. 2. InterQovemmental Agreement Between Fort Collins and Latimer County A. IGA Section 8 nnexa ns: (1) IGA Sech A)- thePynte annex properties within the GMA as expeditiously as possible. (2) IGA Section 8(D) - The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. 3. Land Use Code Standards A. LUC Section 2.1 xa ' cti of the Land Use Code requires: (1) that the nexati of la s m accor nce with state law; (2) that the Planning and Zoning Board shall hold a hearing on the matter and report a recommendation to the City Council; and (3) that a recommendation on the proper zoning for the lands be provided. The annexation conforms to the requirements in the Colorado Revised Statutes (CRS). This hearing will be the forum through which the Planning and Zoning Board will forward a reco d tion Council. The recommended zoning is HC — Harmony Corridor Distri B. LUC Section 2. me t t e ning M —This section of the Land Use Code requires that any amendment to the Zoning Map involving the zoning or rezoning of 640 acres of land or less (a quasi-judicial zoningtrezoning) shall be recommended for approval by the Planning and Zoning Board or approved by the City Council only if the proposed amendment is: (1) consistent with the City's Comprehensive Plan; and/or (2) warranted by changed conditions within the neighborhood surrounding and including the subject property. The property is currently zoned FA-1 Farming District in Latimer County. The requested zoning for this annexation is the HC —Harmony Corridor District. The City's adopted March 2, 2004 -3- Item No. 20 A-C Structure Plan,a part of the Comprehensive Plan, suggests that HC—Harmony Corridor District is appropriate for this location. 4. Planning and Zoning Board Hearing_ At its February 19, 2004 hearing, the Planning and Zoning Board unanimously recommended that City Council approve the proposed enclave annexation. For the record,two Board members (Craig and Schmidt) requested that direct financial impacts to area residents be taken into consideration with the Council's request. One particular concern that was noted related to increased City fees and arg d up an x ' ee ached letter from Troy Jones dated December 23, 2004). FINDINGS OF FACT/CONC ON: ` 1. The area requested to be annexed meets all criteria included in Colorado State Law to qualify for an involuntary annexation to the City of Fort Collins. 2. The annexation of this area is consistent with the policies and agreements between Latimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Management Area. 3. The proposed annexat is co tent h e li criteria in the Fort Collins Land Use Code. 4. The requested HC—Harmony Corridor Zoning District is consistent with the City's Structure Plan. The Planning and Zoning Board Hearing The Planning and Zoning Board considered the Harmony Farms Second Addition at its February 19, 2004 Planning and Zoning Board Meeting. The Planning and Zoning Board recommended approval of the annexation and zoning to the . Cou ' by a vote of 7-0. P Y