HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/20/2005 - ITEMS RELATING TO THE EAST RIDGE SECOND ANNEXATION ITEM NUMBER: 17 A-C
AGENDA ITEM SUMMARY DATE: September 20, 2005
FORT COLLINS CITY COUNCIL STAFF: Pete Wray
SUBJECT
Items Relating to the East Ridge Second Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the Resolution and Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Hearing and Resolution 2005-100 Setting Forth Findings of Fact and Determinations
Regarding the East Ridge Second Annexation.
B. First Reading of Ordinance No. 111, 2005, Annexing Property Known as the East Ridge
Second Annexation to the City of Fort Collins, Colorado.
C. First Reading of Ordinance No. 112, 2005, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the East Ridge
Second Annexation to the City of Fort Collins, Colorado.
The East Ridge Second Annexation and Zoning represents a follow-up action to bring in a small
area of land identified for mitigation purposes for the pond and wetlands as part of the original
East Ridge Annexation. This negotiated section of approximately 1/2 acre extended into the
adjacent property to the south — triggering the requirement for annexation. Contiguity with the
existing municipal boundary is gained along the entire northern boundary which is shared with
the south property line of the East Ridge Annexation (152.81) acres).
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. Combined with the original East Ridge
Annexation, the two parcels total 153.3 acres. The recommended zoning is L-M-N, Low Density
Mixed-Use Neighborhood District. The rezoning request is consistent with the adopted East
Mulberry Corridor Plan.
September 20, 2005 -2- Item No. 17 A-C
BACKGROUND
Annexation
According to the policies and agreements between the City of Fort Collins and Latimer County,
contained in the recently amended (November 21, 2000) INTERGOVERNMENTAL
AGREEMENTS — GROWTH MANAGEMENT AREA, the City will agree to consider for
annexation property in the G.M.A. when such property is eligible for annexation according to
State law.
The surrounding zoning and land uses are as follows:
N: LMN; Undeveloped
S: I (County); Gravel Mine
W: I (County); Gravel Mine
E: I (County); Gravel Mine
The original property to the north was annexed as part of the East Ridge Annexation in January,
2002.
The subject property gains the necessary one-sixth contiguity along the entire north property
line. Of the total perimeter boundary, the parcel has 47.2% 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 August 16th, 2005, City
Council approved a Resolution which accepts the annexation petition and that the petition is in
compliance with State statues.
Zoniniz
The proposed zoning for the subject annexation is L-M-N, Low Density Mixed-Use
Neighborhood. This district is intended to be a setting for a wide range of low density housing
combined with complementary and supporting land uses that serve a neighborhood and are
developed and operated in harmony with the residential characteristics of a neighborhood. The
main purpose of the District is to meet a wide range of needs of everyday living in
neighborhoods that include a variety of housing choices that invite walking to gathering places,
services and conveniences, and that are fully integrated into the larger community by the pattern
of streets, blocks, and other linkages. A neighborhood center provides a focal point, and
attractive walking and biking paths invite residents to enjoy the center as well as the small
neighborhood parks. Any new development in this district shall be arranged to form part of an
individual neighborhood.
September 20, 2005 -3- Item No. 17 A-C
Consistent with the City's Comprehensive Plan
The requested LMN zoning is consistent with the recently adopted East Mulberry Corridor Plan.
This plan is adopted as an element of the City's Comprehensive Plan. The plan designates this
parcel as LMN.
The property is currently zoned I — Industrial in the County. The City Structure Plan Map and
the East Mulberry Corridor Plan designate this land as LMN — Low Density Mixed-Use
Neighborhood. The requested annexation and zoning of LMN is consistent with City Plan and
the East Mulberry Corridor Plan.
The area to the north of this property was recently rezoned to LMN. The land to the south of the
site is currently zoned Industrial within Larimer County and is used as a gravel mine. However,
the Fort Collins Structure Plan indicates the future use of this property to be consistent with the
LMN zone district. Given the existing and future uses on the surrounding properties, the LMN
zone district is compatible with these uses.
Compliance with State Law
As mentioned, the annexation has 47.2% of its perimeter boundary contiguous with the existing
city boundary 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.
Neighborhood Response
The Current Planning Department has not received any comments from the adjacent property
owners. A neighborhood meeting was not held for this request.
Findings of Fact/Conclusion
After reviewing the request for the East Ridge Second Annexation and Zoning, staff makes the
following findings of fact:
1. 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 recently amended INTERGOVERNMENTAL
AGREEMENT—GROWTH MANAGEMENT AREA.
2. The parcel meets all criteria included in State law to qualify for
annexation by the City of Fort Collins.
3. On August 16th, 2005, City Council approved a Resolution which accepts
the annexation petition and determines that the petition is in compliance
with State Law.
4. The subject property for the East Ridge Second Annexation and Zoning is
consistent with the East Mulberry Corridor Plan, an element of the City's
September 20, 2005 -4- Item No. 17 A-C
Comprehensive Plan designated as Low Density, Mixed-Use
Neighborhood.
5. The Planning and Zoning Board recommended inclusion into the
Residential Neighborhood Sign District.
Planning and Zoning Board Recommendation
On September 15, 2005, the Planning and Zoning Board voted (7 — 0) to recommend annexation
into the municipal boundary, placement into the L-M-N zone district and inclusion into the
Residential Sign District.
ATTACHMENTS
1. Vicinity Map
East Ridge Second Annexation and Zoning
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Low Density Mixed-Use 8/3/2005
RESOLUTION 2005-100
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE EAST RIDGE SECOND ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the East Ridge Second 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 East
Ridge Second 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
20th day of September, A.D. 2005.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 111, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
EAST RIDGE SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2005-088,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 LOCATED IN THE SOUTH HALF OF SECTION 8,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER
COUNTY, COLORADO.
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8,
T7N, R68W, SAID
POINT BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP
STAMPED LS 7839; AND CONSIDERING THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 8 TO BEAR N88°50'31"W,
(CENTER QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A
NO. 6 REBAR AND 21/2"ALUMINUM CAP STAMPED LS 17497),WITH ALL
OTHER BEARINGS RELATIVE THERETO; SAID POINT ALSO BEING THE
POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER OF SECTION 8,S88°50'31"W, 1,156.31 FEET TO THE
POINT OF BEGINNING; THENCE S70`00'03"W, 155.15 FEET; THENCE
N88°50'31"W, 214.07 FEET; THENCE N71°33'57"W, 188.56 FEET TO THE
NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 8; THENCE
ALONG SAID SECTION LINE, S88°50'31"E, 538.82 FEET TO THE POINT OF
BEGINNING.
SAID TRACT CONTAINS 0.48 ACRES (21,080 SQUARE FEET) MORE OR
LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND
RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the East
Ridge Second 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 20th day of
September,A.D. 2005, and to be presented for final passage on the 4th day of October,A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of October, A.D. 2005.
Mayor
ATTEST:
City Clerk
2
ORDINANCE NO. 112, 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 EAST 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 East Ridge Second Annexation to the City of Fort Collins, Colorado, in
the Low Density Mixed-Use Neighborhood (LMN) 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 SOUTH HALF OF SECTION 8,
TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER
COUNTY, COLORADO.
COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 8,
T7N, R68W, SAID
POINT BEING MARKED BY A NO. 6 REBAR AND 2" ALUMINUM CAP
STAMPED LS 7839; AND CONSIDERING THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 8 TO BEAR N88°50'31"W,
(CENTER QUARTER CORNER OF SAID SECTION 8 BEING MARKED BY A
NO. 6 REBAR AND 2 1/2"ALUMINUM CAP STAMPED LS 17497),WITH ALL
OTHER BEARINGS RELATIVE THERETO; SAID POINT ALSO BEING THE
POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER OF SECTION 8,S88`50-31"W, 1,156.31 FEET TO THE
POINT OF BEGINNING; THENCE S70°00'03"W, 155.15 FEET; THENCE
N88°50'31"W, 214.07 FEET; THENCE N71°33'57"W, 188.56 FEET TO THE
NORTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 8; THENCE
ALONG SAID SECTION LINE, S88°50'31"E, 538.82 FEET TO THE POINT OF
BEGINNING.
SAID TRACT CONTAINS 0.48 ACRES (21,080 SQUARE FEET) MORE OR
LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS, AND
RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND.
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 20th day of
September,A.D. 2005, and to be presented for final passage on the 4th day of October,A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of October, A.D. 2005.
Mayor
ATTEST:
City Clerk