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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/12/2008 - ITEMS PERTAINING TO THE ANNEXATION AND ZONING OF T ITEM NUMBER: 5 A-D AGENDA ITEM SUMMARY DATE: November 12, 2oos FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT Items Pertaining to the Annexation and Zoning of the Eagle View Natural Area. RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. The Planning and Zoning Board voted 6-0 (1 member absent) to recommend approval of the annexation and requested POL, Public Open Lands, zoning. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 138, 2008, Annexing Property Known as the Eagle View Natural Area First Annexation to the City of Fort Collins, Colorado. B. First Reading of Ordinance No. 139, 2008 Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Eagle View Natural Area First Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 140, 2008, Annexing Property Known as the Eagle View Natural Area Second Annexation to the City of Fort Collins, Colorado. D. First Reading of Ordinance No. 141, 2008, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Eagle View Natural Area Second Annexation to the City of Fort Collins, Colorado. The above items will accomplish the annexation and zoning of approximately 86 acres of land solely owned by the City known as the Eagle View Natural Area and place the area into the POL—Public Open Lands Zone District. The annexations are in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Latimer County and City of Fort Collins Intergovernmental Agreement, the City of Fort Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. November 12, 2008 -2- Item No. 5 A-D BACKGROUND Applicant and Property Owner: City of Fort Collins The City of Fort Collins acquired the property known as the Eagle View Natural Area, containing a total of approximately 86 acres,in October 2002. City staff is recommending that the City Council annex the property into the City limits. Due to the size of the property and the limited amount of contiguity to the existing City limits,the property is being annexed via two annexations,the Eagle View Natural Area First Annexation (containing 66.9 acres) and the Eagle View Natural Area Second Annexation (containing 19.1 acres). The first phase consists of 66.9 acres and the second consists of 19.1 acres. The Eagle View Natural Area is located south of Kechter Road,one-quarter mile west of I-25, and north of the Fossil Creek Reservoir. As indicated,the property is preserved as a City-owned natural area and,thus,the proposed zoning for the annexations is the POL—Public Open Lands District, consistent with the property's designation on the City Structure Plan.. The existing land uses and zoning of surrounding properties are as follows: N: County- FA-1 Farming, undeveloped E: County - C, Commercial, boat sales; and FA-I Farming, undeveloped S: Fossil Creek Reservoir W: City- LMN, Low Density Mixed Use Neighborhood,residential development; and County -FA-1 Farming, undeveloped Compliance with Existing Policies and State Law The natural area property is located totally within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City and Latimer County contained in the Intergovernmental Agreementfor the Fort Collins Growth ManagementArea,the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The Eagle View Natural Area First Annexation parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the McClelland's Creek PD&PLD Second Filing Annexation(September 2007)to the west of the parcel. The Eagle View Natural Area Second Annexation parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the Eagle View Natural Area First Annexation to the north of the parcel. The two parcels are being annexed concurrently which is permitted by the State of Colorado Revised Statutes as they relate to annexations. Because the parcels are solely owned by the City, they may be annexed without notice and hearing. Proposed Zoning The proposed zoning for the Eagle View Natural Area is the POL—Public Open Lands, which is consistent with the City Structure Plan and with recommendations from the adopted Fossil Creek Reservoir Area Plan, an element of the City's Comprehensive Plan. The POL District is for large publicly owned parks and open lands which have community-wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other zoning district designations. November 12, 2008 -3- Item No. 5 A-D Findings In evaluating the proposal for the annexation and zoning of the Eagle View Natural Area, staff makes the following findings of fact: 1. The annexation of the natural area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreement. 2. The natural area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins of land solely owned by the City. 3. The requested Zone District, POL—Public Open Lands, is in conformance with the City's Comprehensive Plan and City Structure Plan. Planning and Zoning Board Recommendation The Planning and Zoning Board reviewed the requested annexation and zoning of the Eagle View Natural Area at its regular monthly meeting of October 16, 2008. Staff informed the Board that three adjacent property owners had called to express opposition to the annexation,but that none of the owners indicated they were going to attend the meeting. The property owners indicated to staff they would like the City's open space area to remain in the County. The Board then voted 6-0 (1 member absent) to recommend to the City Council approval of the Eagle View Natural Area annexations and requested POL, Public Open Lands, zoning. ATTACHMENTS 1. Eagle View Natural Area First Annexation and Zoning location map. 2. Eagle View Natural Area Second Annexation and Zoning location map. 3. Structure Plan map showing location of the Eagle View Natural Area First and Second Annexations. 4. Zoning map showing the Eagle ViewNatural Area First and Second Annexations placed into the POL, Public Open Lands District. 5. Draft minutes of the October 16, 2008, Planning and Zoning Board meeting. # 29=08 Eagle View Natural Area First Annexation & Zoning ATTACHMENT 1 C Kec L ht r Fed I t� 1 inch equals 600 feet Fossil Creel Reservoir Legend City Of ® 1st Annexation rtC lhn water Features A im �.� - ! City Limits Cober ,30, 2008 # 30=08 Eagle View Natural Area ATTACHMENT Second Annexation & Zoning c L *00 Kechte r Rd Eagle View Natural Area 1 st Annexation SITE N 1 inch equals 600 feet Fossil r , Re erf it Legend City of 2nd Ann exatlon City Limits Water Features Odober .30, 2008 City of Fort Collins Structure Plan ATTACHMENT 3 ## 2M8 and 3OmO8 Ear le View Natural rea �. nneXation IGLISHPAIVCh PAPK Qy _10LF COURSE `�_ • DO 141-S PA i (qv - Tim nth H arm H4R�+)IVY PAP 1 PIN . Kebtiter d 11M . � - indr Annexatio ep rapt r •_u _• •- ••�+ • sites 1 • fop Fossil Creek F e ervoi i 1 Windsor H 92 5 1 inch equalsO .66 miles Legend itof City Limits Structure Plan Rural Lands F6rt C Lm m m . Railroad C om m ercial C o rri dor D ist ri ct C om m unity Se parat or F,dwance PIa7fu7n Boundaries Employrn ent District Open Lands, P arks and Stream Corridors Fort Collins OMA Urban E state Poudre River Timnath LowDensityMixed -Use Neighborhoods Adjacent Planning Areas Windsor Medium Density Mixed-Use Neighborhoods Water Features Ober 30, 2008 • 1 : • 1 1 . MEN NEW a ' _ . ' • 5 _. II.I ice,-"fa: - .,.,.,�=1,� . +2S �_ _ _ 1F�.- •v•v puuu ,.,,.,.`pumuur� lulu�■F� I 11,1141, . ��:� „uum , 'G. uury. 11 I • ...... i? _• ,Ry. I.I . ME ME ME ME gr � 111 ,MR NONE0 minim ■111NON nail I s W. ' ? - 11 1 41I 111, I UNIX L- III .IIII III.% ' . . ■ 11 ,ruw v I In - Hilt. - r� r � , � � • i, 5 n 5' : �iY u �. uu ,i 5 4 - „r$ +-ICI .,+iJ ' ... I Uoro 7a• _i1 ii Y_ • ::� OMNI �1 ' _ n" 11 aryryl�$? + ' K' :Y' t5_ 5 ' r' u �a„i L - yh11• Ruuuuu rJrlll Huu yn -- Ir mu......iiiiiiIIu:: A 1111111 ,_� I„II • ii: G11 = 111 oil lLl, lllllm , 11 'FAM Im I INN i I+ E= _ MINI Em 2 IsmissrMIN I rI��I.I. . •-A EIIV IN m• Annexation . rII,• r-" offi� Sites TO X Ei l k 111� ,-, I.I.I.I. ,IIII I � a # l71 r'r „ l„ , r .. - r, - I� all . �a, LT; � =f Jill t N. s� r -1 ATTACHMENT NMI. ra . Council Liaison: Diggs Brown Staff Liaison: Steve Olt Chair: Brigitte Schmidt Phone: (H) 224-9418 Chair Schmidt called the meeting to order at 6:00 p.m. Roll Call: Campana, Lingle, Rollins, Schmidt, Stockover&Wetzler Excused absence: Smith Staff Present: Olt, Eckman, Waido, Wray, Maizland, and Sanchez-Sprague Agenda Review. Interim Director Olt reviewed the Consent and Discussion agenda. He noted that item #2, Eagle View Natural Area First & Second Annexations, #30=08 has been moved to the Discussion Agenda per a staff request and item # 3, Prospect South Existing Condition Survey Results and Urban Renewal Plan is being pulled from the agenda at staffs request to be heard at a subsequent hearing. Citizen participation: None • Chair Schmidt asked members of the Board if they'd like to pull any items from the Consent Agenda. No requests were forthcoming. Consent Agenda: 1. Minutes from the September l'l8 2008 Planning and Zoning Board Hearing 2A.Three-Mite Plan for the City of Fort Collins Discussion Items: 2. Eagle View Natural Area First & Second Annexations, # 30-08 4. Whitman Storage Facility,Addition-of Permitted Use, # 11-08B 5. Whitman Storage Facility Project Development Plan,# 11-08 Member Stockover moved far the approval of the consent agenda which includes item # 1, September 18, 2008 Pianmrig and Zoning Board Hearing minutes and item 2A the Three-Mile Plan for the City of Fort Collins. Member Campana seconded the motion. The motion was approved 6:0. Project: Eagle View Natural Area First & Second Annexations, #30-08 • Project Description: This is a request to annex and zone approximately 86 acres known as the Eagle View Natural Area. The two annexations encompass an area slightly larger than the 86 acre natural area, or a total of about 90.8 acres, due to the Planning & Zoning Board October 16, 2008 Page 2 • inclusion of adjacent County road rights-of-way. The proposed zoning for these annexations is the POL— Public Open Lands, District. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Chief City Planner Ken reported this is a 100% voluntary request to annex approximately 86 acres known as the Eagle View Natural Area and place the area into the POL— Public Open Lands Zoning District. The annexations encompass an area slightly larger than the 86 acre natural area—a total of about 90.8 acres, due to the inclusion of adjacent County road rights-of-way. The annexations are in conformance with the State of Colorado Revised Statutes as they relate to annexations, the City of Fort Collins Comprehensive Plan, the Larimer County and City of Fort Collins Intergovernmental Agreement, the City of Fort Collins Land Use Code, and the Fossil Creek Reservoir Area Plan. The natural area property is located totally within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City of fort Collins and Larirrrer County contained in the Intergovernmental Agreement for the 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 Eagle View Natural Area First Annexation,parcel gains its required 1/6 contiguity to existing City limits from a common boundary with the McCellarid°s Creek PD & PLD Second Filing Annexation (September 2007) to the west of the parcel. The Eagle View Natural Area Second Annexation parcel gains its required 1/6 contiguity to existing Cityt limits from a common boundary with the Eagle View Natural Area First Annexation to the north of the parcel The two parcels are being annexed concurrently which is permitted by the State,of Colorado Revised Statutes as they relate to • annexations. Waido reported three adjacent property owners had called to express their opposition to the annexations—their primary concerns were they wanted it to remain in the county and they wondered what the City would be doing with the property. Waido informed they it would remain as City owned land—we were simply annexing it into city limits. Waido said this is the first in a series of city-owned contiguous open-space that will be annexed into the city over the next four-six months. He recommended approval. Public Input None Member Stockover moved to recommend to City Council the approval of item 2, the Eagle View Natural Area First and second Annexations, #29-08 and # 30-08 and in support he referred to the Findings of Fact on page 3 of the staff report. Member Campana seconded the motion. The motion was approved 6:ds • ORDINANCE NO. 138, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE EAGLE VIEW NATURAL AREA FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,in October 2002,the City of Fort Collins(the"City")acquired certain property known as the "Eagle View Natural Area" (the"Natural Area")which area contains approximately 86 acres and is located south of Kechter Road,west of Interstate Highway 25,east of Strauss Cabin Road and north of the Fossil Creek Reservoir; and WHEREAS, the City Council desires to annex the Natural Area into the City, and WHEREAS,the Natural Area is solely owned by the City and is eligible for annexation under Sections 31-12-104(1)(a) and 31-12-105, C.R.S; and WHEREAS, it is in the best interests of the City to annex said Natural Area to the City; and WHEREAS, in order to establish one-sixth contiguity of the Natural Area to the existing boundaries of the City, it is necessary to annex the same in a series of two annexations, which annexations may, pursuant to Section 31-12-104(1)(a) C.R.S., be completed simultaneously and considered together by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines as follows: a. That the property described on Exhibit "A," attached hereto and incorporated herein by this reference, is entirely owned by the City, is not solely a public street or right-of-way,and is eligible for annexation as set out in Sections 31- 12-104(1)(a) and 31-12-105. b. That, pursuant to Section 31-12-106(3), the City Council may by ordinance annex said property to the City without notice and hearing as provided in Sections 31-12-108 and 31-12-109, C.R.S. Section 2. That the property shown on Exhibit "A" is hereby annexed to the City and made a part of said City, to be known as the Eagle View Natural Area First Annexation. Section 3. 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 4. 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 12th day of November,A.D.2008,and to be presented for final passage on the 2nd day of December,A.D.2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk -2- EXHIBIT "A" A tract of land located in the northwest quarter of Section 10, Township 6 North, Range 68 West of the Sixth Principal Meridian,Larimer County,Colorado,the said tract is also Lot 2 of the Brown MLD 5-60-89, as recorded at Reception No. 90012796 records of the said Clerk and Recorder of the said Larimer County,being more particularly described as follows; Considering the west line of the Northwest Quarter of the said Section 10 as bearing South 00 degrees 07 minutes 56 seconds West between a 2.5" Aluminum Cap monument PLS 17497 at the Northwest comer of Section 10 and a 2.5" Aluminum Cap monument PLS 14823 at the West quarter comer of Section 10,based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said Northwest corner of Section 10; THENCE along the north line of the said northwest quarter of Section 10, South 89 degrees 04 minutes 36 seconds East for a distance of 30.00 feet to the northerly extension of the west line of the said Lot 2; THENCE along the said extended line, South 00 degrees 07 minutes 56 seconds West for a distance of 30.00 feet to the northwest corner of the said Lot 2 and to the TRUE POINT OF BEGINNING of this description; THENCE along the north line of the said Lot 2, South 89 degrees 04 minutes 36 seconds East for a distance of 600.06 feet to the easterly line of the said Lot 2; THENCE along the said easterly line of Lot 2 the following seven (7) courses and distances (1) South 63 degrees 05 minutes 40 seconds East for a distance of 132.48 feet; (2) South 16 degrees 40 minutes 08 seconds East for a distance of 52.29 feet; (3) South 03 degrees 17 minutes 20 seconds East for a distance of 94.74 feet; (4) South 01 degrees 03 minutes 42 seconds East for a distance of 194.99 feet; (5) South 00 degrees 21 minutes 56 seconds East for a distance of 367.71 feet; (6) South 89 degrees 04 minutes 36 seconds East for a distance of 542.00 feet (previously recorded as 542.34 feet); (7) South 00 degrees 17 minutes 56 seconds West for a distance of 1824.76 feet to the south line of the said Lot 2; THENCE along the said south line, North 89 degrees 25 minutes 41 seconds West for a distance of 1282.99 feet to the said west line of Lot 2; THENCE along the said west line,North 00 degrees 07 minutes 56 seconds East for a distance of 2597.63 feet to the point of beginning. The above described tract contains 66.880 acres more or less. -3- ORDINANCE NO. 139, 2008 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 EAGLE VIEW NATURAL AREA FIRST 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 Eagle View Natural Area First Annexation to the City of Fort Collins, Colorado, in the Public Open Lands ("POL") Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in the northwest quarter of Section 10, Township 6 North, Range 68 West of the Sixth Principal Meridian,Larimer County, Colorado,the said tract is also Lot 2 of the Brown MLD S-60-89, as recorded at Reception No. 90012796 records of the said Clerk and Recorder of the said Larimer County,being more particularly described as follows; Considering the west line of the Northwest Quarter of the said Section 10 as bearing South 00 degrees 07 minutes 56 seconds West between a 2.5" Aluminum Cap monument PLS 17497 at the Northwest corner of Section 10 and a 2.5" Aluminum Cap monument PLS 14823 at the West quarter corner of Section 10,based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said Northwest corner of Section 10; THENCE along the north line of the said northwest quarter of Section 10, South 89 degrees 04 minutes 36 seconds East for a distance of 30.00 feet to the northerly extension of the west line of the said Lot 2; THENCE along the said extended line, South 00 degrees 07 minutes 56 seconds West for a distance of 30.00 feet to the northwest corner of the said Lot 2 and to the TRUE POINT OF BEGINNING of this description; THENCE along the north line of the said Lot 2, South 89 degrees 04 minutes 36 seconds East for a distance of 600.06 feet to the easterly line of the said Lot 2; THENCE along the said easterly line of Lot 2 the following seven (7) courses and distances (1) South 63 degrees 05 minutes 40 seconds East for a distance of 132.48 feet; (2) South 16 degrees 40 minutes 08 seconds East for a distance of 52.29 feet; (3) South 03 degrees 17 minutes 20 seconds East for a distance of 94.74 feet; (4) South 01 degrees 03 minutes 42 seconds East for a distance of 194.99 feet; (5) South 00 degrees 21 minutes 56 seconds East for a distance of 367.71 feet; (6) South 89 degrees 04 minutes 36 seconds East for a distance of 542.00 feet (previously recorded as 542.34 feet); (7) South 00 degrees 17 minutes 56 seconds West for a distance of 1824.76 feet to the south line of the said Lot 2; THENCE along the said south line, North 89 degrees 25 minutes 41 seconds West for a distance of 1282.99 feet to the said west line of Lot 2; THENCE along the said west line,North 00 degrees 07 minutes 56 seconds East for a distance of 2597.63 feet to the point of beginning. The above described tract contains 66.880 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 not 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 12th day of November,A.D.2008,and to be presented for final passage on the 2nd day of December,A.D.2008. Mayor ATTEST: City Clerk -2- Passed and adopted on final reading on the 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk -3- ORDINANCE NO. 140, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE EAGLE VIEW NATURAL AREA SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,in October 2002,the City of Fort Collins(the"City")acquired certain property known as the"Eagle View Natural Area"(the "Natural Area") which area contains approximately 86 acres and is located south of Kechter Road,west of Interstate Highway 25,east of Strauss Cabin Road and north of the Fossil Creek Reservoir; and WHEREAS, the City Council desires to annex the Natural Area into the City, and WHEREAS,the Natural Area is solely owned by the City and is eligible for annexation under Sections 31-12-104(1)(a) and 31-12-105, C.R.S; and WHEREAS,it is in the best interests of the City to annex said Natural Area to the City;and WHEREAS, in order to establish one-sixth contiguity of the Natural Area to the existing boundaries of the City, it is necessary to annex the same in a series of two annexations, which annexations may, pursuant to Section 31-12-104(1)(a) C.R.S., be completed simultaneously and considered together by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds and determines as follows: a. That the property described on Exhibit "A," attached hereto and incorporated herein by this reference, is entirely owned by the City, is not solely a public street or right-of-way,and is eligible for annexation as set out in Sections 31- 12-104(1)(a) and 31-12-105. b. That, pursuant to Section 31-12-106(3), the City Council may by ordinance annex said property to the City without notice and hearing as provided in Sections 31-12-108 and 31-12-109, C.R.S. Section 2. That the property shown on Exhibit "A" is hereby annexed to the City and made a part of said City, to be known as the Eagle View Natural Area First Annexation. Section 3. 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 4. 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 12th day of November,A.D.2008,and to be presented for final passage on the 2nd day of December,A.D.2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk -2- EXHIBIT "A" A tract of land located in the southwest quarter of Section 10,Township 6 North,Range 68 West of the Sixth Principal Meridian,Larimer County,Colorado,the said tract is also Lot 1 Brown MRD S- 1-91,as recorded at Reception No. 91035864 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the Northwest Quarter of the Southwest Quarter of the said Section 10 as bearing South 89 degrees 25 minutes 41 seconds East between a 2.5"Aluminum Cap monument PLS 14823 at the West Quarter comer of Section 10 and a 2.5"Aluminum Cap monument PLS 12374 at the Northeast corner of the said Northwest Quarter of the Southwest Quarter of Section 10, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said West Quarter corner of Section 10; THENCE along the said north line of the Northwest Quarter of the Southwest Quarter of Section 10, South 89 degrees 25 minutes 41 seconds East for a distance of 118.61 feet to the northerly extension of the west line of the said Lot 1 Brown MRD 5-1-91; THENCE along the said extended line,South 01 degrees I 1 minutes 56 seconds East for a distance of 37.09 feet to the northwest comer of the said Lot 1 and to the TRUE POINT OF BEGINNING of this description; THENCE along the north line of the said Lot 1, South 89 degrees 09 minutes 34 seconds East for a distance of 1175.43 feet; THENCE continuing along the said north line of Lot 1, along a curve to the right having a radius of 115.00 feet a central angle of 31 degrees 50 minutes 09 seconds and an arc length of 63.90 feet, being subtended by a chord of South 73 degrees 14 minutes 29 seconds East for a distance of 63.08 feet to the east line of the said Lot 1; THENCE along the said east line of Lot 1, non-tangent from the previous curve, South 00 degrees 37 minutes 27 seconds West for a distance of 618.24 feet to the south line of the said Lot 1; THENCE along the said south line, South 69 degrees 16 minutes 14 seconds West for a distance of 110.96 feet; THENCE continuing along the said south line, North 89 degrees 37 minutes 16 seconds West for a distance of 1110.87 feet to the said west line of Lot 1; THENCE along the said west line,North 01 degrees 11 minutes 56 seconds West for a distance of 685.71 feet to the point of beginning. The above described tract contains 19.082 acres more or less -3- ORDINANCE NO. 141, 2008 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 EAGLE VIEW NATURAL AREA 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 2.9 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 Eagle View Natural Area Second Annexation to the City of Fort Collins, Colorado, in the Public Open Lands ("POL") Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land located in the southwest quarter of Section 10, Township 6 North, Range 68 West of the Sixth Principal Meridian,Larimer County,Colorado,the said tract is also Lot 1 Brown MRD S-1-91, as recorded at Reception No. 91035864 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the Northwest Quarter of the Southwest Quarter of the said Section 10 as bearing South 89 degrees 25 minutes 41 seconds East between a 2.5"Aluminum Cap monument PLS 14823 at the West Quarter corner of Section 10 and a 2.5" Aluminum Cap monument PLS 12374 at the Northeast corner of the said Northwest Quarter of the Southwest Quarter of Section 10, based upon GPS observation and the City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said West Quarter corner of Section 10; THENCE along the said north line of the Northwest Quarter of the Southwest Quarter of Section 10, South 89 degrees 25 minutes 41 seconds East for a distance of 118.61 feet to the northerly extension of the west line of the said Lot 1 Brown MRD S-1-91; THENCE along the said extended line,South 01 degrees 11 minutes 56 seconds East for a distance of 37.09 feet to the northwest corner of the said Lot 1 and to the TRUE POINT OF BEGINNING of this description; THENCE along the north line of the said Lot 1, South 89 degrees 09 minutes 34 seconds East for a distance of 1175.43 feet; THENCE continuing along the said north line of Lot 1, along a curve to the right having a radius of 115.00 feet a central angle of 31 degrees 50 minutes 09 seconds and an arc length of 63.90 feet, being subtended by a chord of South 73 degrees 14 minutes 29 seconds East for a distance of 63.08 feet to the east line of the said Lot 1; THENCE along the said east line of Lot 1, non-tangent from the previous curve, South 00 degrees 37 minutes 27 seconds West for a distance of 618.24 feet to the south line of the said Lot 1; THENCE along the said south line, South 69 degrees 16 minutes 14 seconds West for a distance of 110.96 feet; THENCE continuing along the said south line, North 89 degrees 37 minutes 16 seconds West for a distance of 1110.87 feet to the said west line of Lot 1; THENCE along the said west line,North 01 degrees 11 minutes 56 seconds West for a distance of 685.71 feet to the point of beginning. The above described tract contains 19.082 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 not 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 12th day of November,A.D.2008,and to be presented for final passage on the 2nd day of December,A.D.2008. Mayor ATTEST: City Clerk -2- Passed and adopted on final reading on the 2nd day of December, A.D. 2008. Mayor ATTEST: City Clerk -3-