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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/04/2005 - ITEMS PERTAINING TO THE LIEBL ANNEXATION ITEM NUMBER: 8 A-B AGENDA ITEM SUMMARY DATE: January 4, 2005 FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen SUBJECT Items Pertaining to the Liebl Annexation. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 195, 2004, Annexing Property Known as the Liebl Annexation to the City of Fort Collins, Colorado. B Second Reading of Ordinance No. 196, 2004,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liebl Annexation to the City of Fort Collins, Colorado. The Liebl Annexation is a request to annex and zone 2.8 acres of land located along the east side of Timberline Road, south of Kechter Road.The site contains an existing single family residence and detached garage. The parcel is designated UE—Urban Estate on the Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. The anticipated land use is abed and breakfast consistent with the design standards in the UE zone district.The parcel is currently zoned FAl -Farming in Larimer County. Ordinance Nos. 195 and 196, 2004 were unanimously adopted on First Reading on December 7, 2004. ORDINANCE NO. 195, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE LIEBL ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2004-123,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: That portion of the Northwest Quarter of Section 8,and the Northeast Quarter of Section 8, Township 6 North, Range 68 West of the 6' P.M., Latimer County, Colorado, being more particularly described by the following boundary lines:commencing at the Northwest corner of said Section 8; thence S 00° 00'00" E, along the West line of the Northwest Quarter of said Section 8,861.68 feet;thence N 89°41'30" E 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing N 89'41'30"E 20.00 feet;thence S 00°00'00"E,along the Easterly right-of-way line of Timberline Road as dedicated on the plat of Liebl M.R.D. 95-EX0652, 205.16 feet; thence N 89°41'30" E along the Northerly line of Lot 2 of said Liebl M.R.D., 438.34 feet; thence S 00°00'00" E, along the East line of said Lot 2, 240.84 feet to the Southeast corner of Lot 2, Liebl M.R.D.; thence S 89°41'30" W 518.34 feet to a point on the Westerly right-of-way line of Timberline Road;thence N 00°00'00"W 189.64 feet to a point on the approximate centerline of the Mail Creek Ditch,said point also being on the Southerly line of the Willow Springs Annexation;thence along said line S 52°11'00"E 37.98 feet; thence N 89°41'30"E 30.00 feet to a point on the West line of the Northwest Quarter of said Section 8, said point also being the most Southeasterly comer of the Willow Springs Annexation; thence along said line N 00'00'00" W 279.73 feet, more or less, to the POINT OF BEGINNING, containing 2.864 Acres, more or less, and being subject to any easements, rights-of- way or restriction now existing or on record. is hereby annexed to the City of Fort Collins and made a part of said City,to be known as the Liebl 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 December, A.D. 2004, and to be presented for final passage on the 4th day of January, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of January, A.D. 2005. Mayor ATTEST: City Clerk ORDINANCE NO. 196, 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 LIEBL 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 Liebl 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: That portion of the Northwest Quarter of Section 8,and the Northeast Quarter of Section 8, Township 6 North, Range 68 West of the 6`s P.M., Larimer County, Colorado, being more particularly described by the following boundary lines:commencing at the Northwest corner of said Section 8; thence S 00° 00'00" E, along the West line of the Northwest Quarter of said Section 8,861.68 feet;thence N 89°41'30" E 30.00 feet to the TRUE POINT OF BEGINNING; thence continuing N 89°41'30"E 20.00 feet;thence S 00°00'00"E,along the Easterly right-of-way line of Timberline Road as dedicated on the plat of Liebl M.R.D. 95-EX0652, 205.16 feet; thence N 89°41'30" E along the Northerly line of Lot 2 of said Liebl M.R.D., 438.34 feet; thence S 00°00'00" E, along the East line of said Lot 2, 240.84 feet to the Southeast corner of Lot 2, Liebl M.R.D.; thence S 89°41'30" W 518.34 feet to a point on the Westerly right-of-way line of Timberline Road;thence N 00°00'00"W 189.64 feet to a point on the approximate centerline of the Mail Creek Ditch,said point also being on the Southerly line of the Willow Springs Annexation;thence along said line S 52'11'00" E 37.98 feet; thence N 89'41'30"E 30.00 feet to a point on the West line of the Northwest Quarter of said Section 8, said point also being the most Southeasterly corner of the Willow Springs Annexation; thence along said line N 00°00'00" W 279.73 feet, more or less, to the POINT OF BEGINNING, containing 2.864 Acres, more or less, and being subject to any easements, rights-of- way or restriction now existing or on record. 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 December, A.D. 2004, and to be presented for final passage on the 4th day of January, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of January, A.D. 2005. Mayor ATTEST: City Clerk ITEM NUMBER: 24 A-C AGENDA ITEM SUMMARY DATE: December7, 2004 FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen SUBJECT >1 Items Pertaining to the Liebl Annexation and Zoning. RECOMMENDATION Staff and the Planning and Zoning Board recommend adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY A. Resolution 2004-139 Setting Forth Findings of Fact and Determinations Regarding the Liebl Annexation -' i B. Hearing and First Reading of OraTance No 195, 2004, Annexing Property Known as the Liebl Annexation to the City of Fort"Collins, Colorado. C. Hearing and First Reading of Ordinance No. 196, 2004, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liebl Annexation to the City of Fort Collins, Colorado. The Liebl Annexation is a request to annex and zone 2.8 acres of land located along the east side of Timberline Road, south of Kechter Road. The site contains an existing single family residence and detached garage. The parcel is designated UE — Urban Estate on the Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. The anticipated land use is a bed and breakfast consistent with the design standards in the UE zone district. The parcel is currently zoned FAI. - Farming in Larimer County. BACKGROUND } # a.M The Planning and Zoning Boarder sidered the Liebl Annexation on October 21, 2004 as a part of its Consent Agenda and voted 5-0 (Members Carpenter and Meyer absent) to recommend approval. 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. December 7, 2004 -2- Item No. 24 A-C 2. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested zoning oW-rbgp Estate (Ul ,s nfo ance with the policies of City Plan and is consistent with the`Sucturetl a th sil Creek Reservoir Area Plan. FINDINGS and ANALYSIS: l ,• 1. Background: This property is eligible for annexation according to the Colorado Annexation Act, which requires 1/6 contiguity to the existing city limits. The Liebl Annexation complies with this standard since the property has 347 feet of the total 1,947 contiguous to the existing city limits. This meets the minimum 325 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the property to the east (across Timberline Road) of the parcel The property is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Larimer County, contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area (last amended November 2000), the City will pursue the annexation of land into the City of Fort Collins when such lands are eligible for annexation accordmg t� Cr&orado R-vised S6tut (CRS). The surrounding zoning and land uses.arq.as follow: N: FAI(County)— Single Family Residential S: FAI(County)— Single Family Residential E: FAI(County)—Undeveloped W: UE— Single Family Residential 2. Zoning and Analysis: The property is currently zoned Farming (FA1) District in Latimer County. The City's adopted Structure Plan, a part of City Plan, designates the site as Urban Estate. Future development of the property will likely involve converting the existing single family house into a bed and breakfast. Bed and Breakfasts which are limited to 6 beds are permitted as a Type II (Planning and Zoning 1�11Board) Jri _ q site lr ated within the Fossil Creek Reservoir Area Plan, specific40djrid, , wit hi h g « ea ptpe Transfer of Development Unit (TDU) program establishedthe plat. l ' eesigna s the area north of Fossil Creek Reservoir, south of Kechter Rgene, lly e of Timberline Road as the receiving area of the program. Essentially, each residential unit proposed as part of a residential project must purchase that unit from a sending area, generally a 1/2 mile buffer around Fossil Creek Reservoir. Larimer County Planning Department oversees the process of allocating the units. Once the units are transferred, then the property is annexed into Fort Collins for development. December 7, 2004 -3- Item No. 24 A-C Since the Liebl Annexation does not anticipate additional residential units, an agreement has been secured with Larimer County that would limit the future development of the property to non-residential uses unless the applicant purchased additional units thought the TDU program. 4 FINDINGS OF FACTXONCLUSIOI 1. The annexation of this"arealls onsistenC'with th olicies and agreements between Larimer County and the City of Fort Collins as contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. 2. The area meets all criteria included in Colorado Revised Statutes to qualify for a voluntary annexation to the City of Fort Collins. 3. The requested zoning of Urban Estate (UE) is warranted by the designation on the City of Fort Collins Structure Plan and the Fossil Creek Reservoir Area Plan. ,e ra a r