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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2004 - ITEMS RELATING TO THE FEATHER RIDGE ANNEXATION AND ITEM NUMBER: 27 A-B AGENDA ITEM SUMMARY DATE: September 21, 2004 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Items Relating to the Feather Ridge Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 141, 2004, Annexing Property Known as the Feather Ridge Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 142,2004,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Feather Ridge Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 15.46 acres in size. The site is located approximately 1,200 feet east of Ziegler Road,north of Hewlett-Packard/Agilent Technologies, and approximately 2,144 feet north of East Harmony Road. The recommended zoning is U-E,Urban Estate. This zoning complies with the recently amended Structure Plan Map. On September 7,2004,Council unanimously adopted Resolution 2004-108 Setting Forth Findings of Fact and Determinations Regarding the Feather Ridge Annexation. Also on September 7, 2004, Council unanimously adopted on First Reading, Ordinance No. 141, 2004 annexing property known as the Feather Ridge Annexation, and adopted Ordinance No. 142, 2004, by a vote of 5-2 (Nays: Councilmembers Hamrick and Roy), zoning the Feather Ridge property. ORDINANCE NO. 141, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FEATHER RIDGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2004-080,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 ONE-HALF OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., THENCE N00°07'10"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33, 300.80 FEET; THENCE S89 °43'50"E 1215.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89 °43'50"E, 760.08 FEET TO THE WESTERLY RIGHT-OF-WAY OF FOSSIL CREEK RESERVOIR INLET; THENCE S2%4'50"E ALONG SAID WESTERLY RIGHT- OF-WAY, 446.71 FEET; THENCE S46°05'36"E CONTINUING ALONG SAID RIGHT-OF-WAY, 422.20 FEET TO THE NORTHEASTERLY CORNER OF PRESTON-KELLEY SECOND SUBDIVISION; THENCE S8942'50"W ALONG THE NORTH LINE OF PRESTON-KELLEY SECOND SUBDIVISION, 1234.45 FEET; THENCE N4513'03"W 70.63 FEET TO THE SOUTHEAST CORNER OF WOODLAND PARK ESTATES P.U.D.; THENCE N00`07'10"W ALONG THE EASTERLY LINE OF SAID WOODLAND PARK ESTATES P.U.D., 640.62 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 15.461 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 Feather Ridge Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. 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 7th day of September, A.D. 2004, and to be presented for final passage on the 21st day of September, A.D. 2004. r--5 Mayor - ATTEST: City Clerk Passed and adopted on final reading this 21st day of September, A.D. 2004. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 142, 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 FEATHER RIDGE 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 Feather Ridge 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: A TRACT OF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 33, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., THENCE N00°07'10"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33, 300.80 FEET; THENCE S89 `43'50"E 1215.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S89 °43'50"E, 760.08 FEET TO THE WESTERLY RIGHT-OF-WAY OF FOSSIL CREEK RESERVOIR INLET; THENCE S2934'50"E ALONG SAID WESTERLY RIGHT- OF-WAY, 446.71 FEET; THENCE S46°05'36"E CONTINUING ALONG SAID RIGHT-OF-WAY, 422.20 FEET TO THE NORTHEASTERLY CORNER OF PRESTON-KELLEY SECOND SUBDIVISION; THENCE S894n0"W ALONG THE NORTH LINE OF PRESTON-KELLEY SECOND SUBDIVISION, 1234.45 FEET; THENCE N45 13'03"W 70.63 FEET TO THE SOUTHEAST CORNER OF WOODLAND PARK ESTATES P.U.D.; THENCE N00 °07'10"W ALONG THE EASTERLY LINE OF SAID WOODLAND PARK ESTATES P.U.D., 640.62 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 15.461 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 7th day of September, A.D. 2004, and to be presented for final passage on the 21st day of September, A.D. 2004. s � Wsf Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of September, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 27 A-C AGENDA ITEM SUMMARY DATE: September7, 2004 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Items Relating to the Feather Ridge Annexation and Zoning. RECOMMENDATION M AV Staff recommends adoption of the esolutton and o e Ordtnances on First Reading. EXECUTIVE SUMMARY A. Resolution 2004-108 Setting Forth Findings of Fact and Determinations Regarding the Feather Ridge Annexation. B. First Reading of Ordin e911ins, PimnendlYinge y Known as the Feather Ridge Annexation to the Cit f FortC. First Reading of Ordinanc ooning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Feather Ridge Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 15.46 acres in size. The site is located approximately 1,200 feet east of Ziegler Road,north of Hewlett-Packard/Agilent Technologies, and approximately 2,144 feet north of East Harmony Road. The recommended zoning is U-E,Urban Estate. This zoning complies with the recently amended Structure Plan Map. BACKGROUND COPY The property is located within the Growth Management Area. According to the policies and agreements between the City of Fort Collins and Latimer County contained in the Intergovernmental Agreement for the City of Fort Collins Growth Management Area (IGA), the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The property gains contiguity by the following parcels: 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. September 7, 2004 -2- Item No. 27 A-C 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 was considered by City Council on July 20,2004 and approved. The Planning and Zoning Board voted 5-0 to recommend approval/denial to the City Council. According to the policies and n e i f Collins and Latimer County, contained in the amended(No tuber 000) th it agree to consider for annexation property in the GMA when ch pro rty is li a for a exation according to State law. According to Section 8A of the , s a d:- "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 obert elds ) S: H-C; Existing Light Indus 'al an ice t Techn gies & Hewlett-Packard) E: FA-1 (County),Existing Rur esiden 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 IGA and is eligible for annexation. One of the stated intents of thCA ve ve pYm cur within the City in order that the provision of urban level s Cou bized. This is a 100% voluntary annexation. The parcel is no O 1 0, 200Council approved a Resolution which accepted the annexation petition and established that the petition is in compliance with State statutes. September 7, 2004 -3- Item No. 27 A-C 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 c w* C' Inn Map. In addition, staff recommen the par be c within t Residential Neighborhood Sign District which was created for o e ing sig r non-residential uses in certain geographic locations of the City. 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. Findings of Fact/Conclusion In evaluating the request fort eath r 'dge ation an oning, Staff makes the following findings of fact: 1. 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 IGA. 2. The parcel meets all criteria included in State law to qualify for annexation by the City of Fort Collins. 3. The requested zone Cel U- banformance with the City's Comprehensive Plan ( ) d th ty Structure Plan Map. 4. Staff recommends the jeftPthetRyesintiCa.1 Neighborhood Sign District. 5. On July 20, 2004, City Council approved the Resolution which accepted the annexation petition and determines that the petition is in compliance with State law. Planning and Zoning Board Recommendation: On August 19, 2002, the Planning and Zoning Board took the following action: • Voted 5-0 to recommend annexation into the municipal boundary and inclusion into the Residential Sign District. • Voted 5-0 to recommend placement into the U-E,Urban Estate zone district.