HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/21/2006 - ITEMS RELATING TO BOMA ANNEXATION AND ZONING ITEM NUMBER: 32 A-C
AGENDA ITEM SUMMARY DATE: February 21, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Items Relating to Boma Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the Resolution and the Ordinances on First Reading.
The Initiating Resolution was considered by City Council on January 17, 2006 and approved. On
February 16,2006,the Planning and Zoning Board considered annexation and zoning request. Since
the printing of City Council packet materials precedes the Board's hearing,the result of the Board's
action will be forwarded to City Council under separate cover.
EXECUTIVE SUMMARY
A. Resolution 2006-016 Setting Forth Findings of Fact and Determinations Regarding the
Boma Annexation and Zoning.
B. Hearing and First Reading of Ordinance No. 036, 2006, Annexing Property Known as the
Boma Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 037, 2006, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Boma
Annexation to the City of Fort Collins.
This is a request to annex and zone 82.05 acres located at the southwest corner of East Douglas Road
(County Road 54) and Turnberry Road (County Road 11). The property contains one (1) existing
farmstead with agricultural uses and several existing oil wells and is in the FA-1 Fanning District
in Larimer County. The requested zoning in the City of Fort Collins is UE - Urban Estate.
Staff recommends this property be included in the Residential Neighborhood Sign District. A map
amendment will not be necessary to place this property on the Residential Neighborhood Sign
District Map because the property is shown to already be outside of the Areas Not In The Sign
District.
APPLICANT: Crystal Cove Development LLC
c/o Mike Tilley
1301 Wazee Street, #41)
Denver, CO 80204
February 21, 2006 -2- Item No. 32 A-C
OWNER: Crystal Cove Development LLC
8020 South County Road 5, #200
Windsor, CO 80528
BACKGROUND
The applicant,Mike Tilley, on behalf of the property owners, Crystal Cove Development LLC,has
submitted a written petition requesting annexation of 82.05 acres. The property is located at the
southwest corner of East Douglas Road(County Road 54) and Turnberry Road(County Road 11).
The property contains one existing farmstead with agricultural uses and several existing oil wells.
It is in the FAl - Farming District in Larimer County. The requested zoning for this annexation is
UE - Urban Estate. The surrounding properties are currently zoned as follows:
The surrounding zoning and land uses are as follows:
N: O in Larimer County; existing residential acreages, agriculture
E: LMN in the City of Fort Collins; undeveloped (Lind Overall Development
Plan)
S: FA 1 in Larimer County; existing single-family residential
(Serramonte Highlands)
W: FAl in Larimer County; existing single-family residential
(Cherrywood Acres)
This is a 100% voluntary annexation.
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, the City will agree to
consider annexation of property in the UGA when the property is eligible for annexation according
to State law. This property gains the required 1/6th contiguity to existing City limits from common
boundaries with the Country Club North First Annexation (January, 1984) to the east.
Approximately 0.17%(or just over 1/6th)of the property is contiguous with the City of Fort Collins
limits.
The requested zoning for this annexation is the UE - Urban Estate Zoning District. There are
numerous uses permitted in this District, subject to either administrative review or review by the
Planning and Zoning Board. The City's adopted Structure Plan, a part of the Comprehensive Plan,
suggests that Urban Estate Neighborhood is appropriate in this location.
Staff is recommending that this property be included in the Residential Neighborhood Sign District,
which was established for the purpose of regulating signs for non-residential uses in certain
geographical areas of the City that may be particularly affected by such signs because of their
predominantly residential use and character. A map amendment will not be necessary to place this
property on the Residential Neighborhood Sign District Map because the property is shown to
already be outside of Areas Not In The Sign District.
February 21, 2006 -3- Item No. 32 A-C
FINDINGS:
1. The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained in the Intergovernmental Agreement for the
Fort Collins Urban Growth Area.
2. The area meets the eligibility requirements included in State law to qualify for a voluntary
annexation to the City of Fort Collins.
3. On January 17, 2006, the City Council approved a resolution that accepted the annexation
petition and determined that the petition was in compliance with State law. The resolution
also initiated the annexation process for the property by establishing the date,time and place
when a public hearing would be held regarding the readings of the Ordinances annexing and
zoning the area.
4. The requested UE—Urban Estate Zoning District is in conformance with the policies of the
City's Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends approval of the annexation and requested zoning of UE - Urban Estate.
Staff recommends this property be included in the Residential Neighborhood Sign District. A map
amendment will not be necessary to place this property on the Residential Neighborhood Sign
District Map.
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RESOLUTION 2006-016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE BOMA ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Boma 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 ofbeing 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 Boma
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 this 21 st
day of February, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 036, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
BOMA ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2006-003,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 portion of land located in the Northeast Quarter of Section 30,Township 8 North,
Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado
being more particularly described as follows:
Considering the North line of the Northeast Quarter of said Section 30 as bearing
South 89°38'19" East and with all bearings contained herein relative thereto:
BEGINNING at the North Quarter corner of said Section 30;thence,North 00°22'09"
East, 30.00 feet to a point on the North right-of-way line of County Road No. 54;
thence, along said North line, South 89°38'19" East, 2674.33 feet; thence, South
00°21'41" West, 30.00 feet; thence, North 89°38'19" West, 30.00 feet to the
Northeast Comer of said Section 30; thence, along the East line of the Northeast
Quarter of said Section 30, South 00°21'41" West, 1319.59 feet; thence, departing
said East line,North 89°42'39"West, 2644.51 feet to a point on the West line of the
Northeast Quarter of said Section 30; thence, along said West line,North 00°22'09"
East, 1322.92 feet to the POINT OF BEGINNING.
The above described tract of land contains 3,574,183 square feet or 82.051 acres,
more or less and is subject to all easements and rights-of-way now on record or
existing.
is hereby annexed to the City of Fort Collins and made a part of said City,to be known as the Boma
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 21 st day of
February, A.D. 2006, and to be presented for final passage on the 7th day of March, A.D. 2006.
Introduced, considered favorably on first reading, and ordered published this 21st day of
February, A.D. 2006, and to be presented for final passage on the 7th day of March, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of March, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 037, 2006
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 BOMA 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 Boma 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 portion of land located in the Northeast Quarter of Section 30,Township 8 North,
Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado
being more particularly described as follows:
Considering the North line of the Northeast Quarter of said Section 30 as bearing
South 89`38'19" East and with all bearings contained herein relative thereto:
BEGINNING at the North Quarter corner of said Section 30;thence,North 00°22'09"
East, 30.00 feet to a point on the North right-of-way line of County Road No. 54;
thence, along said North line, South 89°38'19" East, 2674.33 feet; thence, South
00°21'41" West, 30.00 feet; thence, North 89°38'19" West, 30.00 feet to the
Northeast Corner of said Section 30; thence, along the East line of the Northeast
Quarter of said Section 30, South 00°21'41" West, 1319.59 feet; thence, departing
said East line,North 89°42'39" West,2644.51 feet to a point on the West line of the
Northeast Quarter of said Section 30; thence, along said West line,North 00°22'09"
East, 1322.92 feet to the POINT OF BEGINNING.
The above described tract of land contains 3,574,183 square feet or 82.051 acres,
more or less and is subject to all easements and rights-of-way now on record or
existing.
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 21st day of
February, A.D. 2006, and to be presented for final passage on the 7th day of March, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of March, A.D. 2006.
Mayor
ATTEST:
City Clerk