HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2005 - ITEMS RELATING TO THE CRAWFORD ANNEXATION AND ZONI ITEM NUMBER: 25 A-C
AGENDA ITEM SUMMARY DATE: April 19, 2005
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Crawford Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the Resolution and the Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Resolution 2005-034 Setting Forth Findings of Fact and Determinations Regarding the
Crawford Annexation.
B. First Reading of Ordinance No. 047, 2005, Annexing Property Known as the Crawford
Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 048, 2005, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Crawford
Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 30.04 acres in size.
The site is located approximately one-half mile west of North College Avenue on the south side
of West Willox Lane. Contiguity is gained along the eastern boundary which is shared with
Hickory Village Mobile Home Park. Contiguity is also gained along a portion of the south
property line which is shared with the City of Fort Collins Soft Gold Neighborhood Park. The
recommended zoning is U-E, Urban Estate. This zoning complies with the Structure Plan Map.
BACKGROUND
The property is located within the Growth Management Area (GMA). 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, 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:
The parcel gains the necessary one-sixth contiguity along the entire south and a significant
portion of the east property lines. Of the total perimeter boundary, the parcel has 31% contiguity
April 19, 2005 -2- Item No. 25 A-C
with the City limits. This substantially exceeds the required minimum of 16.66% (one-sixth).
The parcel, therefore, complies with the requirements of the INTERGOVERNMENTAL
AGREEMENT—GROWTH MANAGEMENT AREA and is eligible for annexation.
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 February 15, 2005 and approved. On
March 17, 2005, the Planning and Zoning Board voted 5 — 0 to recommend approval of both the
annexation and U-E zoning to the City Council.
1. Back rg ound:
According to the policies and agreements between the City of Fort Collins and Latimer County,
contained in the amended (November 21, 2000) INTERGOVERNMENTAL AGREEMENTS —
GROWTH MANAGEMENT AREA (I.G.A.), the City will agree to consider for annexation
property in the GMA 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: C —Commercial (County); Existing rural residential and dog kennel
S: P-O-L; Existing City of Fort Collins Soft Gold Neighborhood Park
E: L-M-N; Existing Hickory Village Mobile Home Park
W: O- Open (County); Vacant and one rural residential home
The parcel gains the necessary one-sixth contiguity along the entire south and a portion of the
east property lines. Of the total perimeter boundary, the parcel has 31% 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 INTERGOVERNMENTAL AGREEMENT —
GROWTH MANAGEMENT AREA and is eligible for annexation.
One of the stated intents of the AGREEMENT 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 February 15, 2005, City
Council approved a Resolution which accepted the annexation petition and established that the
petition is in compliance with State statutes.
April 19, 2005 -3- Item No. 25 A-C
2. Zonine:
The proposed zoning for the Crawford Annexation is 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.
In addition, Staff 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.
3. Compliance with State Law:
As mentioned, the annexation has 3 1% 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.
4. Findings of Fact/Conclusion:
In evaluating the request for the Crawford Annexation and Zoning, Staff makes the following
findings of fact:
A. 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
INTERGOVERNMENTAL AGREEMENT—GROWTH MANAGEMENT AREA.
B. The parcel meets all criteria included in State law to qualify for annexation by the City of
Fort Collins.
C. The requested zone district, U-E, Urban Estate, is in conformance with the City's
Comprehensive Plan (City Plan) and the City Structure Plan Map.
D. Staff recommends the parcel be placed within the Residential Neighborhood Sign
District.
E. On February 15, 2005, City Council approved the Resolution which accepted the
annexation petition and determines that the petition is in compliance with State law.
April 19, 2005 -4- Item No. 25 A-C
Planning and Zoning Board Recommendation:
On March 17, 2005, 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.
ATTACHMENTS
1. Petition for Annexation
2. Crawford Annexation Vicinity Map
ATTACHMENT
PETITION FOR ANNEXATION
THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of
the City of Fort Collins, Colorado for tie annex�{lon f an are, to be referred to as the
_` rc L, tom. Annexation to the City of Fort
Collins. Said area, consisting of approximately 1; ;4 V3' ( X�.Qq'gcres, is more
particularly described on Attachment "A," attached hereto.1. c47t/,173.50
The Petitioners allege:
1. That it is desirable and necessary that such area be annexed to the City of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-108, C.R.S., exist or have been
met.
3. That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the
City of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated
with the City of Fort Collins.
7. That the Petitioners herein comprise more that fifty percent (50%) of the landowners in the
area and own more than fifty percent (50%) of the area to be annexed, excluding public
streets, alleys and lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except
as may be provided by the ordinance of the City of Fort Collins.
Further, as an express condition of annexation, Petitioners consent to the inclusion into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant to §37-
45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners'
property will 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 at the time of inclusion of Petitioners' lands. Petitioners
agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado
Constitution before the Subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund
pursuant to Article X, §20 of the Colorado Constitution.
WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the
annexation of the area described on Attachment "A." Furthermore, the Petitioners request that said area
be placed in theltrh-,j ZWf� e Zone District pursuant to the Land Use Code of the City of Fort Collins.
�f (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their
signatures therefrom at any time prior to the commencement of the roll call of the City Council for the
vote upon the second reading of the annexation ordinance.
Individual Petitioners signing this Petition represent that they own the portion(s) of the area
described on Attachment"A"as more particularly described below:
A�tract of land situate in the County of Larimer, State of/Colorado, to-wit:
Aj PA Keel. R.Lu,V v C.Ne
INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only
ownership, type "See Legal Description on Attachment 'A'."
IN WITNESS WHEROF, I/we have executed this Petition for Annexation this W"1 day of
Jan MA V 2005 .
Petitioner's/Owner'd Signature P itioner's/Owner's Signature
35�0 /1 sa�lla !1� v ,Qj b
Address Address
City State Zip City State Zip
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the
//County Rof Larimeer, State of Colorado, to-wit: /y
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ATTACHMENT "B"
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature therein
is the signature of the person whose name it purports to be.
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Circulator's Signature
Subscribed and sworn to before me this V day of 2t w[5
by K,--A f l SV-M+h
WITNESS my hand and official seal.
Commission Expiration Notary Pu ffic
C-0— aft+tan
ATTACHMENT "B"
STATE OF COLORADO )
)ss.
COUNTY OF LARIMER )
The undersigned, being first duly sworn upon his oath states:
That he was the circulator of the attached Petition for Annexation and that each signature therein
is the signature of the person whose name it purports to be.
irculator's Signature
Subs ibGd and swor to b for me this � day of_ p Q_
by IrJP l/rr _ — ---'
WITNESS my hand and official seal.
Commission Expiration PFt.....P(� Notary Publ
=O.��.,,. ,.
j HOLLY
• BODE
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Mr Camp EVWa Nov,30.loa
I, `��p /yQ W - c. {—z an attorney licensed to practice in the State of
Colorado, hereby certify that, as of the date of U71s certi[cate, the signers of this Annexation Petition for
the area referred to as the G r� w { i Annexation of the City of
Fort Collins are the owners of real property in the area proposed for annexation. Furthermore, I certify
that said owners constitute more than 50% of the landowners in the area proposed for annexation, as
said area Is described on Attachment "A" of said Annexation Petition, and own more than 50% of the
land in said area, exclusive of streets and alleys.
Tuh y s 7 1 O d 7f2
Date Signature Attorney Reg. No.
Annexation and Zoning Submittal
Original and 9 copies
1 . (g) A statement as to why it is necessary and desirable for the City
of Fort Collins to annex the area.
The site is adjacent to the City Boundary on two sides the south and
the east. The south side is adjacent to a new City park. The site is
close to and can be served relatively easily by City water and sewer.
The site is close to a bike path, shopping and to an urban renewal
area on College Ave the business in which will benefit from new
homes in the area.
1 . (i) A Statement of consistency of the requested zoning to the
structure plan.
Annexation and zoning to Urban Estate is consistent with the City's
Structure Plan and Urban Growth Boundary.
2. Statement of Principles and Policies and consistency with the city
Structure Plan (original and 3 copies) being achieved by the zoning
of the property to the zoning district being proposed by the applicant.
The proposed zoning is consistent with the City's Structure Plan and
it is the City's policy to annex parcels that are consistent with the with
the City's Structure Plan when they become available
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#5-05 Crawford Annexation, N
719 W. Willox, Type II A
First Reading
4/11/2005 1 inch : 1000 feet
RESOLUTION 2005-034
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE CRAWFORD ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Crawford 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
Crawford 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
19th day of April, A.D. 2005.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 047, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
CRAWFORD ANNEXATION
TO THE CITY OF FORT COLLINS, COLOR-ADO
WHEREAS,Resolution 2005-013,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:
Tract A of the Pakech Boundary Line Adjustment, County of Latimer, State of
Colorado
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Crawford 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 19th day of
April, A.D. 2004, and to be presented for final passage on the 3rd day of May, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of May, A.D. 2005.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 048, 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 CRAWFORD 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 Crawford 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:
Tract A of the Pakech Boundary Line Adjustment, County of Latimer, State of
Colorado
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 19th day of
April, A.D. 2005, and to be presented for final passage on the 3rd day of May, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of May, A.D. 2005.
Mayor
ATTEST:
City Clerk