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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2009 - ITEMS RELATING TO THE RIVERWALK ANNEXATION AND ZON ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: October 6, 2009 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Items Relating to the Riverwalk Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY A. Resolution 2009-096 Setting Forth Findings of Fact and Determinations Regarding the Riverwalk Annexation. B. Hearing and First Reading of Ordinance No. 099, 2009, Annexing Property Known as the River-walk Annexation to the City. C. Hearing and First Reading of Ordinance No. 100, 2009, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverwalk Annexation to the City. This is a request to annex and zone 265.65 acres generally located at the southwest quadrant of Interstate 25 and East Harmony Road. The site is bounded by I-25 on the east, Harmony Road on the north, the Fossil Creek Reservoir Inlet Ditch on the west and Kechter Road on the south. Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapaho Bend Second Annexation and a portion of the west boundary which is shared with the Stute Annexation Number Three, the Brookfield Annexation and the Sunrise Ridge Annexation. The property is mostly a former gravel extraction operation and zoned FA-I, Farming District in Larimer County. The requested zoning is T, Transition for the northerly 139.65 acres and P-O-L, Public Open Lands for the southerly 126 acres. This annexation request is 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 Agreements, and the City of Fort Collins Land Use Code. There are no issues or known controversies with this annexation. October 6, 2009 -2- Item No. 21 APPLICANTS: Mr. Jay Stoner, et.al. 605 South College Avenue Fort Collins, CO 80521 OWNERS: Mr. Jay Stoner—On Behalf of 14 Owners by Power of Attorney 605 South College Avenue Fort Collins, CO 80521 BACKGROUND The applicants and property owners have submitted a written petition requesting annexation of 265.65 acres located generally at the southwest quadrant of Interstate 25 and East Harmony Road. The property is a former gravel extraction operation and undeveloped. The property is located within the Growth Management Area. According to the policies and agreements between the City of Fort Collins and Latimer County contained in the amended 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. According to the IGA, 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." Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapaho Bend Second Annexation and a portion of the west boundary which is shared with the Stute Annexation Number Three, the Brookfield Annexation and the Sunrise Ridge First and Second Annexations. 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 IGA 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 18, 2009, City Council adopted Resolution 2009-080, which accepted the annexation petition and established that the petition is in compliance with state statutes. The surrounding zoning and land uses are as follows: • N: City—Public Open Lands Arapaho Bend Natural Area N: County—Commercial Transit Center and Commercial S: County—Farming Vacant S: County—Commercial Recreation and Event Center E: County—Farming Active gravel extraction October 6, 2009 -3- Item No. 21 W: City—Harmony Corridor Morningside Townhomes W: City—Urban Estate Sunrise Ridge and Old Oak Estates W: County—Farming Existing large-lot residential Residential Neighborhood Sign District Staff is recommending placement into the Residential Neighborhood Sign District. This is particularly appropriate for the southerly 126 acres. For the northerly 139.65 acres, however, this designation is appropriate for the T,Transition zone. Future re-zoning into an ultimate zone district will be the result of additional planning activity and any reconsideration out of the Residential Neighborhood Sign District may be made at that time. Zoning - Requested Zoning—Transition The northerly L39.65 are proposed to be zoned T, Transition. The Land Use Code describes this zone district as follows: Purpose. The Transition District is intended for properties for which there are no specific and immediate plans for development. The only permitted uses are those existing at the date the property was placed into this District. The owners have indicated that there are no specific and immediate plans for development. While in the Transition zone, the owners and the City of Fort Collins can evaluate various future development scenarios. The owners may at any time petition to remove the property from the Transition zone and place it in another zone district. The Transition zone district accomplishes the purpose of annexing the property while placing the ultimate zoning decision in abeyance. Condition of Zoning to Allow Earth Work in the T Zone Section 2.9.4(I) of the Land Use Code allows the City to add conditions to a zoning request. The site is currently in the County and the owners are operating under a State permit to reclaim the former gravel pit on the northerly portion. This basically involves recontouring the site and restoring the ground cover in accordance with the standards of the State Mined Land Reclamation Board. If a permanent water body is created, then it must be certified by the State Engineer and properly augmented with sufficient water rights to compensate for evaporation loss. In addition to reclamation work, the Riverwalk developer would like to conduct overlot grading in order to create developable ground that is out of the 100-year floodway and floodplain. There would be significant cost efficiency if the overlot grading could be done in conjunction with the gravel pit reclamation work. Staff supports the continuation of the reclamation work. Further, staff would support a Project Development Plan application that describes the extent of the earth work necessary to create the developable parcels. Since the Transition zone does not allow new earth work, such work under the October 6, 2009 -4- Item No. 21 Transitional zone would need to be added as an allowable use as a condition of zoning. Staff, therefore, recommends the following condition of zoning: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth-moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property,as well as the addition, stockpiling and grading of fill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. Any earth work activity that exceeds the requirements for gravel pit reclamation is subject to submittal, review and approval of a Project Development Plan subject to review by the Planning and Zoning Board in accordance with the Land Use Code. Zoning—Requested Zoning—Public Open Land The southerly 126 acres are proposed to be zoned P-O-L, Public Open Land. The Land Use Code describes this zone district as follows: Purpose. The Public Open Lands District is for large publicly owned parks and open lands which have a community-wide emphasis or other characteristics which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or other District designation. The City of Fort Collins has entered into purchase contract to acquire the southerly 126 acres for a variety of purposes. a. Flood Control Significant portions of the southerly 126 acres are located within both the 100-year floodway and floodplain,as designated by the Flood Insurance Rate Maps of the Federal Emergency Management Agency. Approximately 80 acres are a former gravel pit and are undergoing reclamation under a permit from the State of Colorado Mined Land Reclamation Board. With sufficient freeboard,' reclaimed gravel pits can serve as effective flood conveyance channels without having to build costly flood control structures. b. Water Storage Development of reclaimed gravel pits as water storage reservoirs can provide the following benefits: • They can serve as sources of raw water for water treatment. • They can be used as compensating reservoirs to accommodate water trades among various entities. • They can supplement effluent discharges from wastewater treatment facilities. • They can add to minimum stream flows in the Poudre River. October 6, 2009 -5- Item No. 21 The location downstream of the Drake Water Reclamation Facility is strategic and will allow the City to meet certain water management objectives and obligations related to the storage and release of the City's reusable effluent as prescribed by City water rights decrees. The City of Fort Collins Water Utility Capital Fund has already appropriated funding for acquisition and development of gravel pit water storage on_a regional basis. The Water Utility expects to gain approximately between 1,500 and 2,000 acre feet of water storage upon execution of the terms of the purchase contract. C. Natural Area Reclaimed gravel mines, and their surrounding dry land, are prime candidates for future natural areas. Examples of restored gravel pits converted to natural areas include Riverbend Ponds, Arapaho Bend and McMurry Ponds. Approximately 48 acres of the proposed acquisition will be added to the City's natural areas inventory to be restored to enhance habitat and recreational opportunities. Eagle View Natural Area is to the south and Arapaho Bend Natural Area is to the north. In the future,all three areas are planned to be linked by a trail. Finally,an additional 48 acres of open space along I-25 will mitigate the urbanization expected at the major interchanges. Structure Plan and Harmony Corridor Plan The Structure Plan Map indicates three designations: • "Employment" in the northwest quarter • "Poudre River" in the northeast quarter • "Rural Lands" in the southern one-half. The parcel is also contained within the boundary of the Harmony Corridor Plan and designated as "Basic Industrial and Non-Retail Employment Activity Center." The proposed zoning on the northerly 139.65 acres, T, Transition, acknowledges that further planning efforts are warranted in order to place this area into an ultimate zone district. Until such time, a Structure Plan amendment is not needed. The proposed zoning on the southerly 126 acres, P-O-L, Public Open Lands, is consistent with the "Rural Lands"Structure Plan designation. For example,the purpose of the Rural Lands zone district is as follows: "The Rural Lands District is intended for privately owned lands that are planned as rural edge to the community. Rural lands include but are not limited to community separators, clustered residential development, large lot residential, agriculture, natural area buffers and corridors and other open land o similar character and purpose." The two proposed zone districts, at this time, are consistent with the Structure Plan Map. October 6, 2009 -6- Item No. 21 Compliance with State Law The annexation has 31.33% 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. Findings of Fact/Conclusion In evaluating the request for the Riverwalk 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 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. The two requested zone districts, T, Transition, and P-O-L, Public Open Lands, are in conformance with the City's Comprehensive Plan (Harmony Corridor Plan) and the City Structure Plan Map. 4. The Planning and Zoning Board recommends the parcel be placed within the Residential Neighborhood Sign District. 5. On August 18, 2009, City Council adopted Resolution 2009-080, which accepted the annexation petition and determined that the petition is in compliance with State law. Planning and Zoning Board Recommendation On September 17, 2009, the Planning and Zoning Board took the following action: 1. The Board voted 7 -0 to recommend annexation into the municipal boundary and inclusion into the Residential Sign District. 2. The Board voted 7 — 0 to recommend placement of the northerly 139.65 acres into the T, Transition zone district, subject to the following zoning condition: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth- moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property, as well as the addition, stockpiling and grading of fill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. Any earth work activity that exceeds the requirements for gravel pit reclamation is subject to submittal, review and approval of a Project Development Plan subject to review by the Planning and Zoning Board in accordance with the Land Use Code. October 6, 2009 -7- Item No. 21 J 3. The Board voted 7—0 to recommend placement of the southerly 126 acres into the P-O-L, Public Open Lands zone district. ATTACHMENTS 1. Vicinity Map 2. Structure Plan Map 3. City of Fort Collins Zoning Map 1 4. Two Proposed Zone Districts 5. Planning and Zoning Board minutes, September 17, 2009 6. Powerpoint presentation ATTACHMENT ] Harmony Rd. CK J O N Cr �j Le Fever Dr. N (nn T A � O � Precision Dr. -0 0 J 61 Steelhead St. Proposed m Annexation Site d Rock Creek Dr z c oN Sky Q)o Gazer Ln. Dad Dr. °v U cC 3 U� o Dr. S Observatory Dr. 0 i U) o g\gDtpper Dr. voe Dipper Or. �._. .. ., Q Kep�ej.O� r con Dr. r 0 2 clipse Ln. Cosmos Ln. Kechter Rd. L.�_ r E County Rd. 36 \ Wild Elm Way — 1 Oak Shadow Way I�I nNorthern FL Legend Riverwalk Annexation Vicinitv Map N . City Limits L._..y W E Q Annexation Site 1 inch = 800 feet Parceis 0 325 650 1,300 1950, 2.600 S Feet Printed: 9129/09 z Cos ID \ E G \ § 70,C) W z ■ g J& - Q / < ` INTERSTATE IdrpK - Z ■ � \ % . o ` / STRAUSS CAI N RD\ COR ROAD u \ \ 4000 ; Qui . I 2 ® ! ! ! r u � � ATTACHMENT CITY OF FORT COLLINS - ZONING ""rt Cs Riverwalk Annexation E HARMONY RD —ROAP_38 HC U rn O C O g LMN � KE HTER RD — F N— Legend (�Annexation Site City Zoning Streets =Harmony Corridor ®Grotlh Management Area O Lam,Density Mixed-Use Neighborhood ®Neighborhood Commercial 1 inch = 800 feet -Public Open Lands 0 270 540 1,080 1.620 2,160 Urban Estate Feet rmrnea:erzeaant AITAcHMENT4 City of Fort Collins Proposed Zoning Riverwalk Annex E Harmony Rd -- - - - E'Covnty Road 38 L, I HC l T 4 y ❑ c 1 0 'II f�f7TlTr�n UE i i POL LMNNCn Kechter R� �- - - E County,Road 36 — - Legend - Harmony Corridor Public Open Lands Urban Estate -_ City Limits Low Density Mixed-Use Neighborhood Transition C3 GMA a o Doan oms ors aus oa llrmn PembtleivWlXbe««6naW lv unevFn GliMFm Gln,bib«,NyLmaiy.N«nMEpnewe«fvebpnwb,«b„�,Wee N City of e1NPm m.uNnr.,.,.P«�,I.u,a.vrNvanum.aY,v,r.®,vmrYwr«.wnPba..,vmFnYuyw m.n,n rlA- Collins q.�rym,Neweps„n,INbrnelnYm9lbu�Wna, 1MECIM1LY fORILCLLIN3 WRESItl WPPWNIV GF4ERGMNIIJAXV pI WeWUNM1 FqI t ` olli„C ifXF59 ri lIDf iCP PAPtKN,APPpI�E,ETP11E99ECM VPLILL.WXXI�BFFLI RlilE9E WVMLCMi90fL 1XP NtlY16YM3diA 4v,«nMYm mb W E V 1 'J pmvaAmo{plelw.nub.m{u r,b A615,WivvµL iALLl9.W mtiY,ey,MNWib uW u+M,MMMmvrwbvu giieb Mtl ib Cp l,mhb G.S hen NT+��vn-4.,s.n WM1�n91rmm�s,�dw+W P+bW.nm�swv,vin C,IW^enq,�e Mn/rs.bm nwYY„4wvvn wn4�n�Niv« m�«Fb.r�«ea1P«nvryeA e'nbL,M9 Ye'l1a UY Mubv,vgNme.,eb luw N ry nN M een4.MeiwMY.�IVL�uut s Scale 1:9,600 Printed:September 29,2009 ATTACHMENT 5 Planning & Zoning Board September 17, 2009 Page 5 Project: Riverwalk Annexation and Zoning, #27-09 Project Description:This is a request to annex and zone an assemblage of land totaling 265.65 acres. The site is referred to as Riverwalk and located between Harmony Road on the north, 1-25 on the east, Kechter Road on the south and the Fossil Creek Reservoir Inlet Ditch on the west. Contiguity with the existing municipal boundary is gained along a portion of the northern boundary which is shared with the Arapahoe Bend Second Annexation and a portion of the west boundary which is shared with the Stute Annexation Number Three, the Brookfield Annexation and the Sunrise Ridge First and Second Annexations. Recommendation: Approval of the Annexation; Approval of Zoning the Northerly 139.65 acres into the T, Transition Zone with a condition; Approval of Zoning the southerly 126 acres into the P-O-L, Public Open Land Zone; Placement of both zone districts into the Residential Neighborhood Sign District. Hearing Testimony, Written Comments and Other Evidence Senior City Planner Ted Shepard said 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 condition on the zoning would be to allow stockpiling, gravel pit reclamation and over lot grading as a permitted use in the Transition zone. Dividing the annexation into two zone districts is by mutual consent among the owners and the City of Fort Collins. Staff also recommends both zone districts be placed within the Residential Neighborhood Sign District. The Initiating Resolution was considered by City Council on August 18, 2009 and approved. The item is scheduled for first reading by City Council on October 6, 2009. Section 2.9.4(I) allows the City to add conditions to a zoning request. The site is currently in the County and the owners are operating under a State permit to reclaim the former gravel pit. This basically involves re-contouring the site and restoring the ground cover in accordance with the standards of the State Mined Land Reclamation Board. If a permanent water body is created, then it must be certified by the State Engineer and properly augmented with sufficient water rights to compensate for evaporation loss. In addition to reclamation work, the Riverwalk developer would like to conduct over lot grading in order to create developable ground that is out of the 100-year floodway and floodplain. There would be significant cost efficiency if the over lot grading could be done in conjunction with the gravel pit reclamation work. Staff supports the continuation of the reclamation work. Further, Staff would support a Project Development Plan application that describes the extent of the earth work necessary to create the developable parcels. Since the Transition zone does not allow new earth work, such work under the Transitional zone would need to be added as an allowable use as a condition of zoning. Planning & Zoning Board September 17, 2009 Page 6 Staff recommends that the Riverwalk Annexation be approved and that the northerly 139.65 acres parcel be placed into the T, Transition zone and that the southerly 126 acres be placed into the P-O-L, Public Open Land zone. In addition, staff recommends both zone districts be placed within the Residential Neighborhood Sign District. Further, staff recommends the following condition of zoning: The placement into the Transition zone shall restrict the uses on the property as prescribed in Section 4.12 of the Land Use Code. Notwithstanding the aforementioned restrictions, however, the parcel of land zoned Transition shall be allowed to conduct earth-moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board and shall be allowed to add fill dirt, stockpile and grade said fill dirt in order to establish the necessary grades for future development. Any earth work activity that exceeds the requirements for gravel pit reclamation is subject to approval of a Project Development Plan by the Planning and Zoning Board as a Type 2 review in accordance with the rules and regulations of the Land Use Code. Jay Stoner, 605 S. College, Fort Collins said what they are proposing is a modified version of Riverwalk where the City would be purchasing a reservoir on the south half(126 acres of Public Open Lands)for a 2,000 acre foot"bowl". They are pleased they were able to successfully negotiate a win-win agreement. It'll make interesting trails and open space and a nice connection to the Eagle View Open Space to the south. The development proposal they are looking at is a very transit oriented urban-dense type development. Considering growth to the community and the Northern Colorado region, Harmony and 1-25 is and will continue to gain importance as a transit hub offering connections to Mason Street Corridor and other transit corridors. They'd like to develop it as a high density, mixed use, affordable housing site where you wouldn't need a car. You could walk, bike, or use public transportation to get to anything you'd need— the "20 minute lifestyle". They'll have more later on "gateway zoning" and "green" efforts and making a beautiful first impression for people exiting 1-25 at Harmony. Board Questions: Chair Schmidt said a concern the Board had at the work session was the Board is presuming he's put a lot of planning and thought into this development already. They'd like the opportunity to give a little more input when the time is appropriate with regard to the earth moving plan and how it'll fit into the final design. Stoner agreed that when the Project Development Plan is submitted, they'll discuss all other aspects at greater detail. Public Input: Anne Johnson is the Land Manager for LaFarge North America, 1141 Business Park Circle, Longmont. On September 15'h she said the Board would have received a letter requesting a continuance. The property owner and LaFarge are working to resolve some issues and she is present today, on behalf of LaFarge, to say they are fine with the project proceeding to City Council. Public Input Closed Planning & Zoning Board September 17, 2009 Page 7 Board Questions: Member Lingle asked if LaFarge is the holder of the current reclamation permit. Ms. Johnson said that currently they are but they are in transition and by the end of next week, the property owner(Stoner) will hold that reclamation permit. Member Lingle asked Stoner if there is a time limit established by the State of Colorado on that permit. Stoner said he wasn't sure if he had an answer to that question. What he does know is they've applied to become the successor operator(taking over LaFarge's responsibility) and replace their bond with theirs. Their plan, using TST Engineering, is to submit a revised reclamation plan (aka the development plan). The Bureau of Reclamation does not have jurisdiction nor do they care to monitor developments. Their mission is to make sure that reclamation plans are in compliance. He said when annexed, the City would be the jurisdiction to ensure they meet their requirements. Stoner is not sure if there is a time limit on the reclamation permit. When the work is completed to the Bureau's satisfaction, they will sign off and release the bond. Chair Scmidt asked when they take over as the successor operator if they accept LaFarge's plan until the new development plan gets approved. Stoner said correct. She asked if he'd be submitting his PDP before that goes to the State. Stoner said they'd be submitting simultaneously—the same plan would go to Fort Collins staff and to the State Bureau of Reclamation. Member Lingle said at the work session there was some discussion about whether they should approve an "open-ended"grading plan where there could be dust generation, etc. for an indefinite period of time. Lingle asked if anything were to exceed the requirements of the reclamation would it be subject to the standard PDP timeline. Shepard said correct. Lingle said the "part ahead of that" could take six months or 5 years if the State has no time restrictions. Shepard said he cannot speak for the State but maybe Anne Johnson of LaFarge can. Anne Johnson said generally state permits are open-ended and the end target really is in the hands of the end user. She knows Mr. Stoner has been working very closing with the State Division of Mining, Reclamation, and Safety. They are aware of end plans but the timing would be something the Board could work out with him. The State guidelines want to see progress and reclamation made within a five year timeframe. Often times, depending on extenuating circumstances such as weather or acts of God, a site cannot be reclaimed within a five year period and the State does recognize when it's beyond an operator's control. Member Campana asked if Mr. Stoner was okay with the revisions to the condition. Shepard said yes. Member Campana made a motion to approve the annexation of Riverwalk with approval of zoning of the northerly 139.65 acres into the T, Transition Zone with the modified condition shown on page 7 of the revised staff report; and approval of zoning of the southerly 126 acres into the P-O- L, Public Open Land Zone as well as placement of both zone districts into the Residential Neighborhood Sign District based on the findings of fact/conclusion listed (A-F) on page 6 of the revised staff report. Member Lingle seconded the motion. The motion passed 7:0. Attachment 6 City of Fort Collins Riverwalk Annexation and Zoning City Council First.Reading October 6, 2009 Ted Shepard, Chief Planner C.D.N.S Riverwalk Annexation & Zoning T Transition* 139.65 acres P-O-L Public Open Lands 126 acres Total 265.65 acres *with condition to allow earth work 1 Planning & Zoning Board September 17, 2009 Hearing • Approved annexation of entire parcel • Approved T Zoning with condition • Approved P-O-L Zoning 3 5E- Riverwall V.frw U� � Annexation Vicinity Map u ..I 2 City of Fort Collins Proposed Zoning River alk Annex ® � g UE _ IWO, ILI �___t__ �3__•__•� ___ i� ® ori..sye._azm. I 4 co T\'OF FORT COI.I,ISS S"rRUCTURE PLAN ' Rietrx alk Anne.a,ion . f z_ V� i �i O N CMTER Ro � ¢E � Eta n CITY OF PORT COLI.INS /.ONINC, 'g ' RlvMwalhAMBxa[ron • r �wu n Y t..wuwrw :dr .cmz f\1`,' I.nIM C]�,�,,,,, �iftli v8C01e.• 0 WI1:5 taw 13. 2M 3 RESOLUTION 2009-096 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE RIVERWALK ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Riverwalk Annexation; and WHEREAS, following notice given as required by law, the City 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 City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the City 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 City 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 City 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 City Council concludes that the area proposed to be annexed in the Riverwalk 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 6th day of October, A.D. 2009. Mayor ATTEST: City Clerk ORDINANCE NO. 099, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE RIVERWALK ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2009-080,finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby finds and determines 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 WEST HALF OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 41 AND THE NORTHWEST QUARTER OF SECTION 10, ALL BEING IN TOWNSHIP 6 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 NORTHWEST QUARTER OF SAID SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER S 01044'18" E, 51.01 FEET TO THE POINT OF BEGINNING; THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE FOR EAST HARMONY ROAD, THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING NINE (9) COURSES: 1. S 89047'25" E, 670.82 FEET; 2. S 89018'55" E, 245.96 FEET; 3. S 84057'34" E, 86.41 FEET; 4. ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 128043'21", AND A CHORD BEARING S 67008'05" E, 167.45 FEET; 5. N 48030'14" E, 98.38 FEET; 6.ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET,SAID CURVE HAVING A RADIUS OF 32.81 FEET,A CENTRAL ANGLE OF 240 18'57",AND A CHORD BEARING N60039'40"E, 13.82 FEET; 7. N 72049'06" E, 56.60 FEET; 8. S 83057'55" E, 29.18 FEET; 9. S 83°44'43" E, 158.80 FEET; THENCE ALONG THE WESTERLY,SOUTHERLY,AND EASTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20060008730, THE FOLLOWING FIVE (5) COURSES: 1. S 00030'05" W, 227.41 FEET; 2. S 89°29'55" E, 25.40 FEET; 3. S 00°30'05" W, 5.00 FEET; 4. S 89029'55" E, 200.00 FEET; 5. N 00°30'05" E, 173.90 FEET; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25,THE FOLLOWING FIVE(5) COURSES: l. S 89°36'28" E, 265.38 FEET; 2. S 56056 01" E, 82.86 FEET; 3. S 24015'59" E, 793.35 FEET; 4. S 02002'35" E, 4185.48 FEET; 5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00041'19", AND A CHORD WHICH BEARS S 01043'13" E, 135.77 FEET; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE FOLLOWING TWO(2) COURSES: 1. S 84-55-54" W, 574.58 FEET; 2. S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE FOLLOWING TWO (2)COURSES: 1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, N 89004'36" W, 100.00 FEET; 2. S 00°55'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36" W, 1181.36 FEET; THENCE N 00055'24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400; THENCE N 090 16'32" W, 283.78 FEET; THENCE NO 1 046'32" W, 289.41 FEET; THENCE N 32046'32" W, 144.50 FEET; THENCE N 23039'02" W, 631.96 FEET; THENCE N 01 050'02" E, 208.47 FEET; THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 20040047101; THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS,N 01049'14" W, 493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T6N, R68W; THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, N 01044-18" W, 2598.32 FEET TO THE POINT OF BEGINNING. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Riverwalk 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 6th day of October, A.D. 2009, and to be presented for final passage.on the 20th day of October, A.D. 2009. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2009. Mayor ATTEST: City Clerk ORDINANCE NO. 100, 2009 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 RIVERWALK 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 City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that 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 Riverwalk Annexation Parcel A 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 PARCEL OF LAND SITUATE IN THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO;BEING THE SAME TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED RECORDED AUGUST 29, 2005 AT RECEPTION NO. 20050072387, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 3,AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 TO HAVE AN ASSUMED BEARING OF N 01044-18" W (NORTH END OF SAID LINE BEING MARKED BY AN ILLEGIBLE 3-1/4"ALUMINUM CAP IN MONUMENT BOX, AND SOUTH END OF SAID LINE BEING MARKED BY A 2-1/2" ALUMINUM CAP STAMPED LS 33193 IN MONUMENT BOX), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S 87052'12" E, 2,388.22 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. S 02002'35" E, 2,339.03 FEET; 2. 135.78 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 11,295.00 FEET, A CENTRAL ANGLE OF 00041'19", AND A CHORD WHICH BEARS S 01043'14" E, 135.77 FEET; 3. THENCE S 84055'54" W, 574.56 FEET; 4.THENCE S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG SAID SOUTH LINE, N 89004'36" W, 1,274.18 FEET; THENCE N 09°16'32" W, 324.41 FEET; THENCE N 01°46'32" W, 289.41 FEET; THENCE N 32°46'32" W, 144.50 FEET; THENCE N 23°39'02" W, 631.96 FEET; THENCE N 01°50'02" E, 208.47 FEET; THENCE N 170 13'48" W, 746.06 FEET; ` THENCE N 46009'32" W. 10.66 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG SAID WEST LINE, N 01049'14" W, 384.29 FEET TO THE POINT OF BEGINNING. Section 2. 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 Riverwalk Annexation Parcel B to the City of Fort Collins, Colorado, in the Transition ("T") 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 WEST HALF OF SECTION 3, THE SOUTHEAST QUARTER OF SECTION 4, AND THE NORTHWEST QUARTER OF SECTION 10, ALL BEING IN TOWNSHIP 6 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 NORTHWEST QUARTER OF SAID SECTION 3 AS BEARING S 89029'55" E AND WITH ALL BEARINGS HEREIN RELATIVE THERETO: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF SAID NORTHWEST QUARTER S 01-44'18" E, 51.01 FEET TO THE POINT OF BEGINNING; THENCE S 89047'25" E, 30.01 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF STRAUSS CABIN ROAD, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE FOR EAST HARMONY ROAD, THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE, THE FOLLOWING NINE(9) COURSES: 1. S 89°4725" E, 670.82 FEET; 2. S 89018'55" E, 245.96 FEET; 3. S 84°57'34" E, 86.41, FEET; 4. ALONG THE ARC OF A CURVE TO THE RIGHT, A DISTANCE OF 208.64 FEET, SAID CURVE HAVING A RADIUS OF 92.87 FEET, A CENTRAL ANGLE OF 128043'21", AND A CHORD BEARING S 67°08'05" E, 167.45 FEET; 5. N 48030'14" E, 98.38 FEET; 6.ALONG THE ARC OF CURVE TO THE RIGHT A DISTANCE OF 13.92 FEET, SAID CURVE HAVING A RADIUS OF32.81 FEET,A CENTRAL ANGLE OF 24018-57",AND A CHORD BEARING N60°39'40"E, 13.82 FEET; 7.N 72049'06" E, 56.60 FEET; 8. S 83057'55" E, 29.18 FEET; 9. S 83044'43" E, 158.80 FEET; THENCE ALONG THE WESTERLY,SOUTHERLY,AND EASTERLY BOUNDARIES OF THE PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NO. 20060008730, THE FOLLOWING FIVE(5) COURSES: 1. S 00030'05" W, 227.41 FEET; 2. S 89029'55" E, 25.40 FEET; 3. S 00030'05" W, 5.00 FEET; 4. S 89029'55" E, 200.00 FEET; 5. N 00°30'05" E, 173.90 FEET; THENCE ALONG THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25,THE FOLLOWING FIVE(5)COURSES: 1. S 89036'28" E, 265.38 FEET; 2. S 56056'01" E, 82.86 FEET; 3. S 24-15-59" E, 793.35 FEET; 4. S 02-02-35" E, 4185.48 FEET; 5. 135.77 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 11295.00 FEET, A CENTRAL ANGLE OF 00°4119", AND A CHORD WHICH BEARS S 01043'13" E, 135.77 FEET; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED JANUARY 16, 1964, IN BOOK 1234, PAGE 254, THE FOLLOWING TWO (2) COURSES: 1. S 84°55'54" W, 574.58 FEET; 2. S 00°55'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG THE NORTHERLY AND WESTERLY BOUNDARY OF THE COLORADO DEPARTMENT OF TRANSPORTATION PARCEL DESCRIBED IN THE INSTRUMENT RECORDED FEBRUARY 3, 1964 IN BOOK 1236, PAGE 143, THE FOLLOWING TWO (2)COURSES: 1. ALONG SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 3, N 89004'36" W, 100.00 FEET; 2. S 00°55'24" W, 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD 36; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY LINE N 89004'36"W, 1181.36 FEET; THENCE N 00055-24" E, 70.00 FEET TO A POINT ON THE NORTH LINE OF THAT RIGHT OF WAY PARCEL DESCRIBED AT RECEPTION NUMBER 88059400; THENCE N 09016'32" W, 283.78 FEET; THENCE N 01 046'32" W, 289.41 FEET; THENCE N 32046'32" W, 144.50 FEET; THENCE N 23039'02" W, 631.96 FEET; THENCE N 01050'02" E, 208.47 FEET; THENCE N 17013'48" W, 642.38 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF STRAUSS CABIN ROAD AS DESCRIBED IN THE DEED OF DEDICATION RECORDED AT RECEPTION NO. 20040047101; THENCE S 88010'46"W, 65.00 FEET TO A POINT ON THE EXISTING BOUNDARY OF THE CITY OF FORT COLLINS AS DEFINED IN THE EMERGENCY ORDINANCE NO. 130, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS,N 01 049'14" W, 493.55 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 4, T6N, R68W; THENCE ALONG SAID NORTH LINE S 88036'42" E, 30.04 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 3; THENCE ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3, N 01044'18" W, 2598.32 FEET TO THE POINT OF BEGINNING, EXCEPTING FROM THE ABOVE-DESCRIBED PARCEL, THE FOLLOWING: A PARCEL OF LAND SITUATE IN THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH P.M.; COUNTY OF LARIMER, STATE OF COLORADO;BEING THE SAME TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED RECORDED AUGUST 29, 2005 AT RECEPTION NO. 20050072387, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 3,AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 3 TO HAVE AN ASSUMED BEARING OF N 01044'18" W (NORTH END OF SAID LINE BEING MARKED BY AN ILLEGIBLE 3-1/4"ALUMINUM CAP IN MONUMENT BOX, AND SOUTH END OF SAID LINE BEING MARKED BY A 2-1/2" ALUMINUM CAP STAMPED LS 33193 IN MONUMENT BOX), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S 87052'12" E, 2,388.22 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 25; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING FOUR (4) COURSES: 1. S 02002'35" E, 2,339.03 FEET; 2. 135.78 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 11,295.00 FEET, A CENTRAL ANGLE OF 00041'19", AND A CHORD WHICH BEARS S 01043'14" E, 135.77 FEET; 3. THENCE S 84055'54" W, 574.56 FEET; 43HENCE S 00055'24" W, 30.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG SAID SOUTH LINE, N 89004'36" W, 1,274.18 FEET; THENCE N 09°16'32" W, 324.41 FEET; THENCE N 01°46'32" W, 289.41 FEET; THENCE N 32046'32" W, 144.50 FEET; THENCE N 23°39'02" W, 631.96 FEET; THENCE N 01°50'02" E, 208.47 FEET; THENCE N 17013'48" W, 746.06 FEET; THENCE N 46009'32" W, 10.66 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE ALONG SAID WEST LINE, N O1049'14" W, 384.29 FEET TO THE POINT OF BEGINNING. Section 3. That the parcel of land to be placed in the Transition("T")zone district shall be subject to the following condition: Notwithstanding the restrictions contained in Section 4.12 of the Land Use Code, earth-moving activities that are necessary to complete the terms and conditions of the State of Colorado Mined Land Reclamation Board for reclamation of the former gravel pit on the property, as well as the addition, stockpiling and grading of fill dirt in order to establish the necessary grades for future development of the property, shall also be permitted. Any earth work activity that exceeds the requirements for gravel pit reclamation is subject to submittal, review and approval of a Project Development Plan subject to review by the Planning and Zoning Board in accordance with the Land Use Code. Section 4. 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 5. 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 6th day of October, A.D. 2009, and to be presented for final passage on the 20th day of October, A.D. 2009. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of October, A.D. 2009. Mayor ATTEST: City Clerk