HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/06/2006 - ITEMS RELATING TO THE STREAMSIDE ANNEXATION AND ZO ITEM NUMBER: 24 A-C
AGENDA ITEM SUMMARY DATE: June 6, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Items Relating to the Streamside Annexation and Zoning.
RECOMMENDATION
Staff recommends approval of the annexation and requested zoning of UE - Urban Estate.
The Planning and Zoning Board voted 7-0 to recommend approval of the annexation; and, the
Board voted 7-0 to recommend that the property be placed in the UE - Urban Estate Zoning
District.
The Planning and Zoning Board voted 7-0 to recommend that this property be included in the
Residential Neighborhood Sign District.
EXECUTIVE SUMMARY
A. Resolution 2006-063 Setting Forth Findings of Fact and Determinations Regarding the
Streamside Annexation.
B. Hearing and First Reading of Ordinance No. 099, 2006, Annexing Property Known as the
Streamside Annexation.
C. Hearing and First Reading of Ordinance No. 100, 2006, Amending the Zoning Map of
the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the
Streamside Annexation to the City.
This is a request to annex and zone 73.67 acres located on the south side of East Vine Drive
between Interstate 25 and County Road 5. Contiguity is gained along west property lines that
abut the Peterson Annexation being evaluated concurrent to this request. The property is
undeveloped and located in the FA - Farming District in Larimer County. The requested zoning
for this annexation is UE - Urban Estate, which is consistent with the Structure Plan designation
and is in conformance with the I-25 Subarea Plan.
Staff is recommending 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.
June 6, 2006 -2- Item No. 24 A-C
APPLICANT: City of Fort Collins
c/o Stephen Olt
Current Planning
P.O. Box 580
Fort Collins, CO 80522-0580
OWNER: Cedar Pointe Land &Livestock LLC
c/o Duane Lebsack, Manager
505 River Rock Circle
Estes Park, CO 80517
BACKGROUND
The applicant/circulator, Stephen Olt, City of Fort Collins Current Planning Department, on
d & Livestock L.L.C. c.o. Duane Lebsack> has
behalf of the property owner, Cedar Pointe Lan
P P
submitted a written petition requesting annexation of 73.67 acres located on the south side of
East Vine Drive between Interstate 25 and County Road 5. The property currently is
undeveloped and in the FAl - Farming District in Larimer County. The requested zoning for this
annexation is UE - Urban Estate. This is a 100% voluntary annexation.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City of Fort Collins and Larimer 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 will gain the required 1/6 contiguity to City limits from
common boundaries with the Peterson Annexation(July, 2006) to the west.
The surrounding zoning and land uses are as follows:
N: FA-1 in Larimer County; existing residential acreages, agricultural
E: FA-1 in Larimer County; undeveloped, agricultural
S: RI, M in Larimer County; existing single-family residential, agricultural
W: FA in Latimer County; undeveloped, agricultural
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. It is in
conformance with the I-25 Subarea Plan.
i roe be included in the Residential Neighborhood
Staff is recommending that this property rty gh Sign
for he purpose of regulating signs for non-residential uses in
District, which was established o t purp gu g gn
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.
June 6, 2006 -3- Item No. 24 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 May 2, 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 is recommending 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.
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning Board, at its regular monthly meeting of May 18, 2006, voted 7-0 to
recommend approval of the annexation. The Board voted 7-0 to recommend that the property be
placed in the UE - Urban Estate Zoning District.
The Planning and Zoning Board voted 7-0 to recommend that this property be included in the
Residential Neighborhood Sign District.
UE
W
Q
I
W
Z
I
I
#55-02A Streamside Annexation and Zoning 4/20/06 N
Type II (LUC)
1 inch : 600 feet
b
pp yC g pgp���a( R gg H
•a Y�GihER�a53EE�E€+� 4�.� � ki °°a $ � � �� I —
¢ 88 11 y€ Y s¢ {
gs � 6$i�tl8@�.�'a;• ! pi S �� as
4 n€°39 & ! a!lEgsi €fie aCt9 8 E yyii
t1
@a� a ilk abfa Alaai� Flg _a€€i qs ski3E
•a € c6Til"@ @3ECg��ai@t �t5dilil 1� �
�gi:! a71. � g •". Y � � g is h°l a
!�_ -� ° s�ia•�i�i x�b�nii�ai'-i; ip�$�°�:!i �� E R I i` i
I
N
t a.uol
A '
YY I I � —E'
8
n 3 •Ot`_�� h
$ a �
9•
t
ai l q^
zl .�
Ll
UE
U)
w
L \z
E
�n
I
c� III
m
o
I
i -
i
`55-02A Streamside Annexation and Zoning 4/20/06 N
Proposed Zoning
M Proposed New UE Zoning 1 inch : 600 feet
RESOLUTION 2006-063
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE STREAMSIDE ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Streamside 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
Streamside 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 6th
day of June, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 099, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
STREAMSIDE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2006-046,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:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN AS BEARING N 89° 25'59"W WITH ALL BEARINGS
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 00° 31' 35" E 30.00 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTINUING, N 00° 31' 35" E 20.00
FEET;THENCE, S 89° 28'25"E 1315.15 FEET ON AND ALONG SAID NORTH
RIGHT-OF-WAY; THENCE, S 00 ° 26' 06" W 50.00 FEET TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 10; THENCE, S 00° 13'29" E 50.00 FEET TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE;
CONTINUING, S 00 11'33"E 2560.55 FEET TO THE NORTHERLY RIGHT-OF-
WAY OF THE COLOR-ADO RAILROAD COMPANY; THENCE. N 88° 27' 36"
W 918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON
ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 00° 09' 15" W
80.01 FEET ON AND ALONG SAID EASTERLY LINE;CONTINUING,N 00°09'
15" W 1572.26 FEET; THENCE,N 89° 28' 17" W 669.62 FEET; THENCE, S 01°
50' 54" E 149.20 FEET; THENCE, S 41° 38'36"W 270.16 FEET;THENCE, S 83°
47' 02" W 269.62 FEET TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE
COURSES ALONG SAID EASTERLY LINE:
THENCE,N 87° 43' 24" W 352.93 FEET;
THENCE,N 00° 3 F 42" E 518.31 FEET;
THENCE, S 89° 28' 17" E 847.21 FEET;
THENCE,N 02° 55' 31" W 299.26 FEET;
THENCE, S 89° 30' 31" E 262.00 FEET;
CONTINUING, S 89` 30' 31" E 382.52 FEET; THENCE,N 00 ` 31' 43" E 448.02
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST
VINE DRIVE; THENCE,N 89° 28'25" W 421.48 FEET ON AND ALONG SAID
SOUTHERLY RIGHT-OF-WAY; THENCE,N 89 ° 25' 59" W 157.46 FEET ON
AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A
INTERSECTION WITH THE NORTHERLY LINE OF SAID PETERSON
ANNEXATION; THENCE, N 89° 25' 59" W 165.25 FEET ALONG SAID LINE;
THENCE, N 01° 50' 54" W 20.02 FEET CONTINUING ALONG SAID
SOUTHERLY RIGHT-OF-WAY; THENCE, N 89° 25' 59" W 755.31 FEET ON
AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF THE FRONT RANGE
FARMS ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00°34'
O1" E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 10; THENCE,N 47° 45' 36" W 45.12 FEET ALONG SAID
EASTE
RLY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID EAST VINE DRIVE;THENCE, S 89°25'59"E
1112.07 FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 ACRES MORE
OR LESS.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Streamside 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 June,
A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 100, 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 STREAMSIDE 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 Streamside 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:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN AS BEARING N 89° 25'59"W WITH ALL BEARINGS
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 00° 31' 35" E 30.00 FEET TO A POINT ON THE NORTHERLY
RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTINUING, N 00* 31' 35" E 20.00
FEET;THENCE, S 89° 28'25" E 1315.15 FEET ON AND ALONG SAID NORTH
RIGHT-OF-WAY; THENCE, S 00 ° 26' 06" W 50.00 FEET TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 10; THENCE, S 00° 13'29" E 50.00 FEET TO A POINT ON
THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE;
CONTINUING, S 00 11'33"E 2560.55 FEET TO THE NORTHERLY RIGHT-OF-
WAY OF THE COLORADO RAILROAD COMPANY; THENCE. N 88° 27' 36"
W 918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON
ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,N 00° 09' 15"W
80.01 FEET ON AND ALONG SAID EASTERLY LINE;CONTINUING,N 00°09'
15" W 1572.26 FEET; THENCE, N 89° 28' 17" W 669.62 FEET; THENCE, S 01*
50'54" E 149.20 FEET;THENCE, S 41° 38'36"W 270.16 FEET; THENCE, S 83'
47' 02" W 269.62 FEET TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE
COURSES ALONG SAID EASTERLY LINE:
THENCE, N 87° 43' 24" W 352.93 FEET;
THENCE, N 00° 31'42" E 518.31 FEET;
THENCE, S 89° 28' 17" E 847.21 FEET;
THENCE, N 02° 55' 31" W 299.26 FEET;
THENCE, S 89- 30' 31" E 262.00 FEET;
CONTINUING, S 89- 30' 31" E 382.52 FEET; THENCE,N 00° 31' 43" E 448.02
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST
VINE DRIVE; THENCE,N 89° 28' 25" W 421.48 FEET ON AND ALONG SAID
SOUTHERLY RIGHT-OF-WAY; THENCE, N 89° 25' 59" W 157.46 FEET ON
AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A
INTERSECTION WITH THE NORTHERLY LINE OF SAID PETERSON
ANNEXATION; THENCE, N 89` 25' 59" W 165.25 FEET ALONG SAID LINE;
THENCE, N 01° 50' 54" W 20.02 FEET CONTINUING ALONG SAID
SOUTHERLY RIGHT-OF-WAY; THENCE, N 89° 25' S9" W 755.31 FEET ON
AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF
INTERSECTION WITH THE EASTERLY LINE OF THE FRONT RANGE
FARMS ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00"34'
O1" E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF
INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 10; THENCE, N 47° 45' 36" W 45.12 FEET ALONG SAID
EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY
RIGHT-OF-WAY LINE OF SAID EAST VINE DRIVE;THENCE, S 89`25'59"E
1112.07 FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 ACRES MORE
OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above-
described property is 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 6th day of June,
A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 18th day of July, A.D. 2006.
Mayor
ATTEST:
City Clerk