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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2004 - ITEMS PERTAINING TO THE LIEBL ANNEXATION AND ZONIN ITEM NUMBER: 24 A-C AGENDA ITEM SUMMARY DATE: December 7, 2004 FORT COLLINS CITY COUNCIL STAFF: Bob Barkeen SUBJECT 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. B. Hearing and First Reading of Ordinance 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 FA1 - Farming in Latimer County. BACKGROUND The Planning and Zoning Board considered 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 Latimer 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 of Urban Estate (UE) is in conformance with the policies of City Plan and is consistent with the Structure Plan and the Fossil Creek Reservoir Area Plan. FINDINGS and ANALYSIS: 1. Back rg ound: 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 Latimer 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 according to Colorado Revised Statutes (CRS). The surrounding zoning and land uses are as follows: N: FAI(County)—Single Family Residential S: FAl(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 Larimer 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 H (Planning and Zoning Board) Review. The site is located within the Fossil Creek Reservoir Area Plan, specifically, within the receiving area of the Transfer of Development Unit (TDU) program established by the plan. This plan designates the area north of Fossil Creek Reservoir, south of Kechter Road and generally east 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. FINDINGS OF FACT/CONCLUSION: 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. 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. RESOLUTION 2004-139 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE LIEBL ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Liebl 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 Liebl 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 7th day of December, A.D. 2004. Mayor ATTEST: City Clerk 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`s 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 52'1l'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 21 st day of December,A.D.2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of December, A.D. 2004. 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' 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°1l'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 21 st day of December,A.D.2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of December, A.D. 2004. Mayor ATTEST: City Clerk v i T IT, BACON ELEMENTARY ❑Do❑o�J00 �0❑ ❑Bo❑°O 0❑00�°�❑ Cll°❑°0Da o 0000❑°0❑00�0° F #11 -04 Liebl Annexation and Zoning 4/28/04 N Type II (LUC) 1 inch : 600 feet FZLWr SPMAW AAW"ArAW(AW) ————————————————————— TIMBERLINE ROAD (80' TOTAL R.O.W.) ON, H 4 1 1 1 1 ll i 1 1@11 ;-Ili OM CZ >0 -,I> m M-0 0 0 W r o;u 0 'n=! C4 0 M Z 0 0 Z :4 m r9 -,z-00 2?ZXI x 14:E mi(A 0 Ch-1 > 0 0 C nrieil z ZO C>: z 1. -;a'-M4 —7 i M. m op.! 0;0 0 rri 0 x Z M a4FLdffAP(AMT" AMMU) >m a(Am 0 0 > 00-4 co a —i :E Z 0 M OD -4 tn. I MEMO > 7 oz glut. M v igg, (hZ X;u0-4 YX > fill Ig trwr ff I q� v ro PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the "Petitioners") hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an are, to be referred to as the ____ __________J -i_���------ -------_----_Annexation to the City of Fort Collins. Said area, consisting of approximately______-------- ( =1 &&acres, is more particularly described on Attachment"A," attached hereto. 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 the___ u C_____Zone District pursuant to the Land Use Code of the City of Fort Collins. ❑ (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: ` I INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only ownership, type "See Legal Description on Attachment `A'." IN WITNESS WHEROF, I/wePave executed this Petition for Annexation this_4�_day of _ Q/ ------/ 2" --------- -- -- ------------------- Petitioner's/Owner's Signature Petitioner's/Owner's Signature ;�I/-- ----------------------------------------- Address Address Tc/�L L Glli_!75 -�tj----- lJS -- --------------------------------- ---- State Zip City State Zip ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to-wit: A TRACT OF LAND SITUATEIN THE NW 1 /4 OF SECTION 8 , TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M. , LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE WEST LINE OF THE SAID NW 1 /4 AS BEARING SOUTH AND WITH ALL BEARING CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE WEST LINE OF SAID NW 1 /4 WHICH BEARS SOUTH 361 . 68 FEET ALONG THE SOUTH LINE OF NW 1 /4 OF THE NW 1 /4 OF SAID SECTION 8, THENCE NORTH 446 .00 FEET, THENCE S 89 41 MINUTES 30 SECONDS WEST 488 . 34 FEET TO THE POINT OF BEGINNING. 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. 1-2 ��. Z Circulator's Signature Subscribed and sworn to before me this /- day of f 17�i1 2 ov , by ,/ WITNESS my hand and official seal. `aGEF .. pp0 U. .0 Commi6sio6 Expiration sT,PUBLIC Notub'lic�^ J iOf Con imssion Expires 12.18.2M4 ATTACHMENT "C" c ATTORNEY CERTIFICATION tV �IeA/1�SLZ yQ , an attorney licensed to practice in the State of Colorado, hereby certify that, as of the d to of this certificate, the signers of this Annexation Petition for the area referred to as the L_ I r UL Annexation to 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 pr se for annexation, as A said area is described on Attachment "A"of said ation P ' ' n, and n ore than 50% of the land in said area, exclusive of streets and alley . IWA C ZVO� Date Signature Attorney Reg. No.