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
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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 ]
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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
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River alk Annex
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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