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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/20/2004 - ITEMS RELATING TO THE PROSPECT EAST 4TH ANNEXATION ITEM NUMBER: 25 A-B AGENDA ITEM SUMMARY DATE: April 20, 2004 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Relating to the Prospect East 4th Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 061, 2004, Annexing Property Known as the Prospect East 4th Annexation. B. Second Reading of Ordinance No.062,2004,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Prospect East 4th Annexation. On April 6,2004,Council unanimously adopted Resolution 2004-046 Setting Forth Findings of Fact and Determinations Regarding the Prospect East 4th Annexation. Ordinance No. 061,2004 and Ordinance No. 062, 2004,which were unanimously adopted on First Reading on April 6, 2004, annex and zone 21.18 acres located on the south side of East Prospect Road,east of Sharp Point Drive, and west of the Cache La Poudre River.It is currently being used as a farm and calving operation and is in the FA—Farming Zoning District in Latimer County.The requested zoning in the City of Fort Collins is RC—River Conservation. 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. ORDINANCE NO. 061, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE PROSPECT EAST 4TH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2004-033, 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 Larimer, State of Colorado, to-wit: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 20,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARRYER,STATE OF COLORADO. CONSIDERINGTHE WEST LINE OF THE NORTHEAST�/4 OF SAID SECTION 20 AS BEARING SOUTH 020 02' 31"EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTH�/4 CORNER OF SAID SECTION 20,THENCE,S 020 02' 31"E 30.02 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST�/OF SAID SECTION 20 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTINUING S 020 02'31" E 15.03 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20,ALSO BEING THE EASTERLY LINE OF THE EAST PROSPECT FIRST ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT- OR-WAY LINE OF EAST PROSPECT ROAD;CONTINUING,S 020 02'31"E 644.86 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 20, ALSO BEING THE EASTERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION;THENCE S 450 36' 3 1"E 962.28 FEET ON AND ALONG THE EASTERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION TO A POINT OF INTERSECTION WITHTHE SOUTH LINE OFTHE NORTHWEST 1/4 OF THE NORTHEAST 1/OF SAID SECTION 20;THENCE,S 890 36' 31"E 350.03 FEET ON AND ALONGTHE SOUTH LINE OF THE NORTHWEST'/OR THE NORTHEAST 1/4 OF SAID SECTION 20, ALSO BEING THE NORTHERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION;THENCE,N 020 06' 0 1"E 518.90 FEET ON AND ALONG THE WESTERLY LINE OF THE COTTONWOOD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 400 00' 59" W 719.00 FEET ON AND ALONG THE WESTERLY LINE OF SAID COTTONWOOD ANNEXATION;THENCE N 090 41' 55"W 249.86 FEET ON AND ALONG THE WESTERLY LINE OF SAID COTTONWOOD ANNEXATION TO THE SOUTH RIGHT-OF- WAY LINE OF EAST PROSPECT ROAD; CONTINUING, N 090 41' 55" W 15.24 FEET ON AND ALONGTHE WESTERLY LINE OF SAID COTTONWOOD ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE PROSPECT LAND COMPANY ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 890 32' 55"W 573.21 FEET ON AND ALONG SAID SOUTHERLY LINE OF THE PROSPECT LAND COMPANY ANNEXATION TO THETRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTAINING 21.177 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 Prospect East 4th 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 6th day of April A.D. 2004, and to be presented for final passage on the 20th day of4Vpril A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of April, A.D. 2004. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 062, 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 PROSPECT EAST 4TH 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 Prospect East 4th Annexation to the City of Fort Collins,Colorado,in the River Conservation (RC)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 NORTHEAST QUARTER OF SECTION 20,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO. CONSIDERING THE WEST LINE OF THE NORTHEAST 1/a OF SAID SECTION 20 AS BEARING SOUTH 020 02' 3 1"EAST WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTH 1/4 CORNER OF SAID SECTION 20,THENCE,S 020 02' 3 1"E 30.02 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST t/4 OF SAID SECTION 20 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTINUING S 020 02'3 1" E 15.03 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST I/a OF SAID SECTION 20,ALSO BEING THE EASTERLY LINE OF THE EAST PROSPECT FIRST ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT- OR-WAY LINE OF EAST PROSPECT ROAD;CONTINUING,S 020 02'31"E 644.86 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST 1/OF SAID SECTION 20, ALSO BEING THE EASTERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION;THENCE S 450 36' 3 1"E 962.28 FEET ON AND ALONG THE EASTERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION TO A POINT OF INTERSECTION WITHTHE SOUTHLINE OFTHE NORTHWEST 'A OF THE NORTHEAST 1/4 OF SAID SECTION 20;THENCE,S 89°36' 31"E 350.03 FEET ON AND ALONG THE SOUTH LINE OFTHE NORTHWEST A ORTHE NORTHEAST 1/4 OF SAID SECTION 20, ALSO BEING THE NORTHERLY LINE OF SAID EAST PROSPECT FIRST ANNEXATION;THENCE,N 02°06'01"E 518.90 FEET ON AND ALONG THE WESTERLY LINE OF THE COTTONWOOD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 400 00' 59" W 719.00 FEET ON AND ALONG THIS WESTERLY LINE OF SAID COTTONWOOD ANNEXATION;THENCE N 090 41' 55"W 249.86 FEET ON AND ALONG THE WESTERLY LINE OF SAID COTTONWOOD ANNEXATION TO THE SOUTH RIGHT-OF- WAY LINE OF EAST PROSPECT ROAD; CONTINUING, N 090 41' 55" W 15.24 FEET ON AND ALONG THE WESTERLY LINE OF SAID COTTONWOOD ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE PROSPECT LAND COMPANY ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 89032'55"W 573.21 FEET ON AND ALONG SAID SOUTHERLY LINE OF THE PROSPECT LAND COMPANY ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION;CONTAINING 21.177 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. 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 6th day of April, A.D. 2004, and to be presented for final passage on the 20th day of April, A.D. 2004. i .> Mayor TTEST: City Clerk Passed and adopted on final reading this 20th day of April, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 20 A-C AGENDA ITEM SUMMARY DATE: April 6, 2004 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Relating to the Prospect East 4th Annexation and Zoning. RECOMMENDATION V V Staff recommends adoption of the Resolution and of the Ordinances on First Reading. The Planning and Zoning Board voted 6-0 to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY A. Resolution 2004-046 Setting Forth Findings of Fact and Determinations Regarding the Prospect East 4th AnnCceNo. B. First Reading of Ordin opng Known as the Prospect East 4th Annexation. C. First Reading of Ordinance No. 062, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Prospect East 4th Annexation. This is a request to annex and zone 21.18 acres located on the south side of East Prospect Road,east of Sharp Point Drive, and west of the Cache La Poudre River.It is currently being used as a farm& calving operation and is in the F — Zo ' District in met County. The requested zoning in the City of Fort ColCoe 've a ti Staff is recommending[ha[thiy inc the Res' n[ial Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. APPLICANT: City of Fort Collins OWNER: Lucille Anderson Land 714 East Elizabeth Street Fort Collins, CO 80524 April 6, 2004 -2- Item No. 20 A-C BACKGROUND This in an involuntary annexation,initiated by the City of Fort Collins.The area to be annexed is the entirety of an enclave that has been surrounded by the City of Fort Collins for more than three years; therefore, no annexation petition is required for this annexation. In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally Owned Land, Cthe u o is tirely contained within the boundaries of a municipaliv ing b nance annex such territory to the municipality without co • CRS 31-12-104 Eligibility for Annexation; or • CRS 31-12-105 Limitations; or • CRS 31-12-108 Setting Hearing Date; or • CRS 31-12-109 Hearing, if said area has been so surrounded for a period of not less than three years;except that notice of the proposed annexation ordinance shall be given by publication as provided by Section 31-12- 108;however,for notices of ann p ' ' 1 s i ' 'ating annexation proceedings, no public hearing on the prop d ann 'ono ce a e quired,and the first publication of notice shall be at least thirt ays pri to [h d on of th ordinance. The property is located within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreements,the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State Law. Pursuant to the Intergovernmental Agreements the following sections are relevant to the Prospect East 4th Annexation and Zoning: Section 8 - Annexations Section 8.A. It is theCtys "si x rties thin the GMA as expedi Section 8.1). The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. This property complies with State regulations by meeting the requirement for 1/6 contiguity to existing city limits. This property is an enclave (completely surrounded by the City of Fort Collins since 1999) and gains the required 1/6 contiguity to existing city limits from common boundaries with the Prospect Land Company Annexation (September, 1992) to the north, the Cottonwood Hollow Annexation(January, 1999)to the east,and the East Prospect First Annexation(September, 1973) to the west and south. April 6, 2004 -3- Item No. 20 A-C The surrounding zoning and land uses are as follows: N: E, RC in City of Fort Collins; existing employment/office uses E: POL in City of Fort Collins; Cache La Poudre River S: POL in City of Fort Collins; existing employment/industrial uses W: E, POL in City of Fort Collins; existing employment/industrial uses The recommended zoning for this annexation is the RC-River Conservation Zoning District.There are numerous uses permitted in this District,subject to either administrative review or review by the Planning and Zoning Board. T i pt t a of the Comprehensive Plan, suggests that a Poudre River rridor ignati i opn in this location. Staff is recommending that this p erty be ude m the Resi ential 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. Findinim 1. The annexation of this on ' w' es agreements between Larimer County and the City o ort C Is Jonn i e overnmental Agreements. 2. The area meets the eligi q ' uded in to law to qualify for an involuntary annexation to the City of Fort Collins. 3. On March 2, 2004, the City Council considered a resolution determining that the proposed annexation process for this property by establishing the date,time, and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. Public hearing and first reading of the Ordinances annexing and zoning the property will be considered by the City Council on April 6, 2004. 4. The RC - River ConseM ri is Y for this site based on adjacent zoning and existing nth the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval 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. April 6, 2004 -4- Item No. 20 A-C PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting of March 18, 2004, voted 6-0 to recommend approval of the annexation and requested zoning as part of the Board's Consent Agenda. The Planning and Zoning Board voted 6-0 (as part of the Board's Consent Agenda)to recommend that this property be included in the Residential Neighborhood Sign District. POL Gt OL T t T E LMN RC CSU M UE N O T f 0 RC t, .-I-04 East Prospect 1/20/04 N Fourth Annexation 1 inch : 1000 feet