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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/17/1999 - ITEMS RELATING TO THE WILLOW BROOK SECOND ANNEXATI AGENDA ITEM SUMMARY ITEM NUMBER: 18 DATE: August 17, 1999 FORT COLLINS CITY COUNCIL STAFF: Ronald G. Fuchs SUBJECT: Items Relating to the Willow Brook Second Annexation and Zoning. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 99-103 Setting Forth Findings of Fact and Determinations Regarding the Willow Brook Second Annexation. B. First Reading of Ordinance No. 139, 1999,Annexing Property Known as the Willow Brook Second Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 140, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Willow Brook Second Annexation. Thisis an annexation and zoning of approximately 75.22 acres of privately owned property located west of County Road 7 and north of County Road 36. The property has rural agricultural uses and is in the FA-1 Farming District in Larimer County. The recommended zoning is the LMN7 - Low- Density Mixed Use Neighborhood District. This is a 100%voluntary annexation. APPLICANT: Tom Iskiyan-Chateau Development Company 8101 East Prentice Avenue, Suite 815 Greenwood Village, CO 80111 OWNERS: Thomas Morroni Electrical Equipment Engineering Company -Employee Profit Sharing Trust P.O. Box 16383 Denver, CO 80216 DATE: August 17, 1999 2 ITEM NUMBER: 18 BACKGROUND: The Willow Brook Second Annexation is approximately 75.22 acres of privately owned property located west of County Road 7 and north of County Road 36. The site is currently zoned FAI - Farming in Larimer County. An Annexation Impact Report for this was forwarded to the Board of County Commissioners on July 15, 1999. This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort Collins. The City may annex property located within the UGA provided that the property has 1/6' contiguity with the existing City limits. The Willow Brook Second Annexation is eligible for annexation according to the Colorado Annexation Act,which requires 1/6 contiguity to city limits (subject to second reading of Willow Brook First Annexation 8-99).The Willow Brook Annexation complies with this standard since the property has 2,626.76 feet of its total boundary of approximately 9,246.59 feet contiguous to City limits. This meets the minimum 1,541.10 feet required to achieve 1/6 contiguity.This contiguity occurs through a common boundary with Willow Brook First Annexation, which achieved its contiguity through a common boundary with the Johnson-Harmony Annexation(effective September 17, 1999)to the north.Further,the annexation is consistent with the Fossil Creek Reservoir Plan, which requires certain property to be annexed prior to development. The surrounding zoning and land uses as follows: N: FA-1 Farming District in Larimer County- agricultural (effective July 30, 1999,HC-Harmony Corridor District) S: FA-1 Farming District in Larimer County- agricultural E: FA-I Fanning District-existing large acreage residential W: FA-1 Farming District in Larimer County- agricultural Zoning and Analysis: The property is currently zoned FA-1 Farming District in Latimer County. The requested zoning for this annexation is the LMN - Low-Density Mixed Use Neighborhood District. There are numerous uses permitted in this District,subject to administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of City Plan, suggests that LMN - Low-Density Mixed Use Neighborhood District zoning is appropriate for this location. PLANNING AND ZONING BOARD RECOMMENDATION: On July 1, 1999,the Planning and Zoning Board,by a vote of 4-0,recommended that the Council approve the request for annexation and approve the zoning LMN - Low-Density Mixed Use Neighborhood District. . RESOLUTION 99-103 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE WILLOW BROOK SECOND ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Willow Brook Second 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 Willow Brook Second 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 17th day of August,A.D. 1999. Mayor ATTEST: City Clerk ORDINANCE NO. 139, 1999 • OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE WILLOW BROOK SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 99-85, 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 PARCEL OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4, T6N, R68W; AND CONSIDERING THE WEST LINE OF THE SOUTHEAST QUARTER TO BEAR NO3°20'00"W, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER NO3°20'00"W, 624.68 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER NO3°20'00"W,672.68 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER N89°47'37"E, 1324.46 FEET;THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTERN03°28'30"W, 1302.30 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTERN89°35'15"E, 660.39 FEET; THENCE S03°33'16"E, 2639.67 FEET; THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 36, N90000'00"W, 1643.11 FEET; THENCE NO3°20'00"W, 654.73 FEET; THENCE N90000'00"W, 349.25 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 75.22 ACRES MORE OR LESS. be, and hereby is, annexed to the City of Fort Collins and made a part of said City,to be known as the Willow Brook 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. Introduced, considered favorably on first reading, and ordered published this 17th day of August,A.D. 1999, and to be presented for final passage on the 7th day of September,A.D. 1999. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of September, A.D. 1999. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 140, 1999 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 WILLOW BROOK 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 2.8 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 property known as the Willow Brook 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 PARCEL OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4, T6N, R68W; AND CONSIDERING THE WEST LINE OF THE SOUTHEAST QUARTER TO BEAR NO3°20'00"W, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER NO3°20'00"W, 624.68 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER NO3"20'00"W,672.68 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTERN89°47'37"E,1324.46 FEET;THENCE ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTERN03-28'30"W, 1102.30 FEET; THENCE ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER N89°35'15"E, 660.39 FEET; THENCE S03°33'16"E,2639.67 FEET; is THENCE ALONG THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 36, N90000'00"W, 1643.11 FEET; THENCE NO3°20'00"W, 654.73 FEET; THENCE N90000'00"W, 349.25 FEET TO THE POINT OF BEGINNING. SAID DESCRIBED PARCEL CONTAINS 75.22 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 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 3. 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 17th day of August,A.D. 1999, and to be presented for final passage on the 7th day of September, A.D. 1999. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of September, A.D. 1999. Mayor ATTEST: City Clerk i I I ! Harmony Hoa I ».« OU ; OUT �— HC .r i �w C• all I i OUT OU I • I . OUT I I r I VICINITYMAP 06114199 #8-99 & #8-99A Willow Brook A Annexation & Zoning No. 1 and No. 2 ,"_ 1000'