HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/05/2005 - ITEMS RELATING TO THE SUNRISE RIDGE ANNEXATION AND ITEM NUMBER: 32 A-B
AGENDA ITEM SUMMARY DATE: July 5, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Sunrise Ridge Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 068, 2005, Annexing Property Known as the Sunrise
Ridge Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No.069,2005,Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Sunrise Ridge
Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 10.34 acres in size.
The site is 5101 South Strauss Cabin Road located approximately one-half mile south of East
Harmony Road on the west side of Strauss Cabin Road. Contiguity with the existing municipal
boundary is gained along the entire west boundary which is shared with the east property line of the
Willow Brook Subdivision (Observatory Village). Contiguity is also gained along the entire
northern boundary which is shared with the south property line of Brookfield Subdivision
(Morningside Townhomes).Ordinance Nos.068 and 069,2005,were unanimously adopted on First
Reading on June 7, 2005. (Councilmember Manvel abstained from voting on Ordinance No., 69,
2005.)
ORDINANCE NO. 068, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
SUNRISE RIDGE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2005-035,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 SITUATE IN THE COUNTY OF LARIMER, STATE OF COLORADO, TO
WIT:
A PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4 AND THE SOUTHWEST QUARTER
OF SECTION 3, ALL IN TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 AS
BEARING NORTH 03*37129" WEST AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 4; THENCE, NORTH
89*35'15"EAST,30.04 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY
ROAD NO. 7; THENCE, ALONG SAID EAST LINE, SOUTH 03`37129"EAST, 653.71 FEET;
THENCE,DEPARTING SAID EAST LINE,SOUTH 89`41127"WEST,691.52 FEET TO A POINT
ON THE EAST LINE OF WILLOW BROOK; THENCE, ALONG SAID EAST LINE, NORTH
03'33'16" WEST, 652.42 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 4; THENCE, ALONG SAID NORTH LINE,NORTH 89`351151,
EAST, 660.61 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 450,606 SQUARE FEET OR 10.344
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
Sunrise 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 Latimer 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 June,
A.D. 2005, and to be presented for final passage on the 5th day-of July, A.D. 2005.
r
ATTEST:
0
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2005.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 069, 2005
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 SUNRISE 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 Sunrise 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 SITUATE IN THE COUNTY OF LARIMER, STATE OF COLORADO,TO WIT:
A PORTION OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTEROFTHE SOUTHEAST QUARTEROFSECTION4AND THE SOUTHWEST QUARTER
OF SECTION 3, ALL IN TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 AS
BEARING NORTH 03`37129" WEST AND WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO:
BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 4; THENCE, NORTH
89'3 5'15"EAST,30.04 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF COUNTY
ROAD NO. 7; THENCE,ALONG SAID EAST LINE, SOUTH 03`37'29" EAST, 653.71 FEET;
THENCE,DEPARTING SAID EAST LINE,SOUTH 89`41'27"WEST,691.52 FEET TO A POINT
ON THE EAST LINE OF WILLOW BROOK; THENCE, ALONG SAID EAST LINE, NORTH
03'33'16" WEST, 652.42 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 4; THENCE,ALONG SAID NORTH LINE,NORTH 89`35115"
EAST, 660.61 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 450,606 SQUARE FEET OR 10.344
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 June,
A.D. 2005, and to be presented for final passage on the 5t ay of July, A.D. 2005.
4Maor /
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2005.
Mayor
ATTEST:
City Clerk
ITEM NUMBER: 33 A-C
AGENDA ITEM SUMMARY DATE: June 7, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Sunrise Ridge Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the Resolution and the Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Resolution 2005-068 Setting Forth Findings of Fact and Determinations Regarding the
Sunrise Ridge Annexation.
B. First Reading of Ordin ce No 8,20 Fla
'ng operty Known as the Sunrise Ridge
Annexation to the City f Fort lins, o.
C. First Reading of Ordinance No. 069, 2005, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Sunrise Ridge
Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 10.34 acres in size.
The site is 5101 S. Strauss Cabin Road located approximately one-half mile south of East Harmony
Road on the west side of Strauss Cabin Road. Contiguity with the existing municipal boundary is
gained along the entire west boundary which is shared with the east property line of the Willow
Brook Subdivision (Observatory Village). Contiguity is also gained along the entire northern
boundary which is shared with the south property line of Brookfield Subdivision (Morningside
Townhomes).
BACKGROUND
The property is located withi L,,Qfo na ment Al. 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.
June 7, 2005 -2- Item No. 33 A-C
The parcel gains the necessary one-sixth contiguity along the entire north and west property lines.
Of the total perimeter boundary, the parcel has 48% 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 IG d is e ' feym 'ynThis is a 100%voluntary anne' tion for.'a prop yFlocated the Growth Management Area.
The property satisfies the requi ent tl atmohess�than onh 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 April 19,2005 and approved. On May
19, 2005, the Planning and Zoning Board took two specific actions in making its recommendation
to City Council:
1. The Board voted 6-0 to recommend approval of the annexation.
2. The Board then voted 4 - 2 to recommend the property be placed in the
Urban Estate zone district.
Consistency with Existing Pol iessl
According to the policies and reeme bet ?heCC)it
Fort Collins and Latimer County,
contained in the amended(Nov ber�21, ill agree to consider for annexation
property in the U.G.M.A. when such property is eligible for annexation according to State law.
According to Section 8A of the I.G.A., as amended:
"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:H-C; Existing and Developing Multi-Family(Brookfield Subdivision-marketed as Morningside
Townhomes)
S: FA-1 (County); Existing la C
t a '-rut 1 si a 'Iy detached residential
E: FA-1 (County); Vacant-FC Res o I D
W: L-M-N;Existing Single FaAtta ed( to rook Su ivision-marketed as Observatory
Village)
The parcel gains the necessary one-sixth contiguity along the entire west and north property lines.
Of the total perimeter boundary, the parcel has 48% 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.
June 7, 2005 -3- Item No. 33 A-C
One of the stated intents of the IGA is to have urban development occur within the City in order that
the provision of urban level services by the County would be minimized. This is a 100%voluntary
annexation. The parcel is not an enclave. On April 19, 2005, City Council approved a Resolution
which accepted the annexation p titioJ4 an st li petition is in compliance with State
statutes. $
Zoning:
A. Planning and Zoning Board Recommendation—Urban Estate (U-E)
1. Consistency with City Plan
The Planning and Zoning Board voted 4 —2 to recommend that the zoning for the Sunrise
Ridge Annexation be U-E, Urban Estate. This district is intended to be a setting for a
predominance of low-density and large-lot housing. In addition, the zone provides for the
Residential Cluster Plan Development option. 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 complies with the City's Structure
Plan Map and the Fossil -reef R YTay
2. Domino Effect
Those Board members voting in favor of the U-E zone expressed a concern that allowing L-
M-N zoning would lead to a domino effect. The subject parcel is the northern-most property
of seven existing lots that front on Strauss Cabin Road. These lots were split off from the
larger farm approximately 25 years ago. Kechter Road forms the southern boundary.
According to those voting in the majority, the same rationale for placement of the subject
property into the L-M-N zone could also logically apply to each subsequent lot to the south,
and so on down the line to Kechter Road.
3. Uniform Separation Between L-M-N and U-E
The majority was concerned about preserving the integrity of the north-south line that
presently separates Observatory Village(City) from the existing seven lots(County). This
line was established with the adoption of the Fossil Creek Sub Area Plan. The location of
this separation is in ali ertt�wi ^°th re ( st operty lines of all seven lots and is
uniform and consistent llowm M- o u se 'd e would encroach across this line.
4. Piecemeal Appr ' m
The majority was concerned about a piecemeal approach resulting in one of seven lots
having a zoning significantly different from the other six. If all seven lots petitioned for
annexation and L-M-N zoning, at the same time, then such a request could be considered a
more rational and comprehensive approach that would possibly be viewed differently.
June 7, 2005 -4- Item No. 33 A-C
5. Lack of Change in Character
Finally,the majority indicated that there has not been a sufficient change of character in the
general area to justify an ment tq�h cture Pl ap.
6. Residential Nei" borhoc Sign*Pis"'ct
In addition, the P & Z Board recommends the parcel be placed within the Residential
Neighborhood Sign District which was created for the purpose of regulating signs for non-
residential uses in certain geographic locations of the City. The applicants are in agreement
with this designation.
B. Applicants' Request—Low Density Mixed-Use Neighborhood (L-M-N)
1. Abuts L-M-N and H-C Zones
The applicants have indicated that this particular parcel is different from the other six in that
its northern boundary abuts the Harmony Corridor zone district. As with Observatory
Village to the west,L-M-N zoning is a logical land use transition from the more intense land
uses associated with the Harmony Corridor zone.
2. Change of Character a
y
The applicants comend%tat there deed-been a nge in character in the area. For
example, to the north is the Morningside Townhomes. To the west are the single family
homes of Observatory Village. Both residential projects exceed 5.0 dwelling units per acre.
3. Future Streets—Rock Creek Drive
In addition, Observatory Village has stubbed three public streets to its east property line in
anticipation of continuing east to Strauss Cabin Road. One of these streets is Rock Creek
Drive. This street serves Fossil Ridge High School, Morningside Townhomes and
Observatory Village. It is has been constructed as a collector roadway in accordance with
the Master Street Plan and is stubbed into Sunrise Ridge. Development would trigger
extension into Sunrise Ridge to intersect with Strauss Cabin Road. It appears incongruous
to the applicants that a collector level street is necessary to serve Urban Estate density.
4. Isolated Strip oC
•--.y
Finally, the applicantsnd t pre g a sA
Urban Estate makes little sense in
that there is a vast opepres ei ingravel, east of Strauss Cabin Road
and down the Poudre River bluff. Since the gravel operations will ultimately cease and
become restored as ponds and open space, a strip of Urban Estate will become isolated and
will share little in common with its immediate surrounding area.
June 7, 2005 -5- Item No. 33 A-C
Compliance with State Law:
As mentioned, the annexation has 48% of its perimeter boundary contiguous with existing City
limits which exceeds the required mfity
alp
ate law. Further, the parcel is found
to have a community of intere with thce expected to urbanize shortly.
Findings of Fact/Conclusion: - ;,,� 4
In evaluating the request for the Sunrise Ridge Annexation and Zoning, Staff makes the following
findings of fact:
1. The annexation of this parcel is consistent with the policies and agreements between Latimer
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 staff proposed zone district, U-E, Urban Estate, is in conformance with the City's
Comprehensive Plan (Fossil Creek Reservoir Area Plan) and the City Structure Plan Map.
4. The applicants have requ tede e the L M-N,Low Density Mixed-Use
Neighborhood zone di ict.
5. P&Z recommends the p -cue p it the Re ntial Neighborhood Sign District.
6. On April 19, 2005, 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 March 17, 2005, the Planning and Zoning Board took the following action:
1. Voted 6—0 to recommend annexation into the municipal boundary and inclusion into the
Residential Sign District.
2. Voted 4—2 to recommend placement into the U-E, Urban Estate zone district.
ATTACHMENTS
1. Vicinity Map
2. Fossil Creek Reservoir Area Land Use Framework Plan
3. Planning and Zoning Board Agenda Materials - May 19, 2005
4. Annexation Petition