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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/18/2006 - ITEMS RELATING TO THE PETERSON ANNEXATION AND ZONI ITEM NUMBER: 13 A-B AGENDA ITEM SUMMARY DATE: July 18, 2006 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Relating to the Peterson Annexation and Zoning. RECOMMENDATION Staff recommends approval of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 097, 2006, Annexing Property Known as the Peterson Annexation. B. Second Reading of Ordinance No.098,2006,Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Peterson Annexation. These Ordinances, unanimously adopted on First Reading on June 6, 2006 annex and zone 27.89 acres located on the south side of East Vine Drive between Interstate 25 and County Road 5. 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. ITEM NUMBER: 23 A-C AGENDA ITEM SUMMARY DATE: June 6, 2006 FORT COLLINS CITY COUNCIL STAFF: Steve Olt U y SUBJECT Items Relating to the Peterson 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 Boar vot t e th this property be included in the Residential Neighborhood Sign istrict. EXECUTIVE SUMMARY A. Resolution 2006-062 Setting Forth Findings of Fact and Determinations Regarding the Peterson Annexation. B. Hearing and First Reading of Ordinance No. 097, 2006, Annexing Property Known as the Peterson Annexation. C. Hearing and First Reading of Ordinance No. 098, 2006, Amending the Zoning Map of the City of Fort Collins and Classifyin for Zoning Purposes the Property Included in the Peterson Annexation. This is a request to annex and zon a c nth th side of East Vine Drive between Interstate 25 and County Road 5. The property is undeveloped and located in the FAl - 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. 23 A-C APPLICANT: City of Fort Collins c/o Stephen Olt Current P1 Q5P P.O. Box 80Fort Colli , CO. 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 behalf of the property owner, Cedar Pointe Land&Livestock, L.L.C., c.o. Duane Lebsack, has submitted a written petition requesting anneCRoa of 9 P!Yhe south side of East Vine Drive between Interstate 25 and Count The ris undeveloped and in the FAl - FarmingDistrict in Latimer Coe que annexation is UE-Urban Estate. This is a 100%voluntary annexa 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 gains the required 1/6 contiguity to existing City limits from a common boundary with the Kirschner Annexation (December, 1993) to the west. The surrounding zoning and land uses are as follows: N: FA 1 in Larimer County; existing residential acreages, agricultural E: FAl in Larimer County; d e a S: M, M1 in Larimer Coun e i ing s gl -f ily bile home) residential, industrial, a ul 1 W: I in the City of Fort Collins; undeve ope , agricultura 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. Staff is recommending this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map because the property is shown to already be outside of Areas Not In The Sign District. June 6, 2006 -3- Item No. 23 A-C FINDINGS 1. The annexation of this are ' ns' w' p i d agreements between Latimer County and the City of F rt Co li s co i d i ergovernmental Agreement for the Fort Collins Urban Gro h 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 RECOMMENDATIO Staff recommends approval of the annexation and requested zoning of UE - Urban Estate. C spy Staff is recommending that 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 Boar oa7yris property be included in the Residential Neighborhood Sign istrict. ORDINANCE NO. 097, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE PETERSON ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2006-045,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 MERDIAN 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 89° 25'59" W 324.35 FEET;THENCE,S 01°50'54"E 50.07 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGCNNING FOR THIS DESCRIPTION; CONTINUING, S 01° 50' 54" E 687.94 FEET; THENCE,N 89` 28' 17" W 1014.23 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00'03'28" E 1857.02 FEET ON AND ALONG SAID EASTERLY LINE;THENCE S 89' 28' 14" E 754.47 FEET; THENCE, S 89` 28' 13" E 963.99 FEET; THENCE, N 00' 09' 15" W 80.01 FEET; THENCE N 89° 28' 13" W 963.10 FEET; THENCE, N 89' 28' 02" W 149.85 FEET; THENCE, N 00` 10' 34" W 1187.93 FEET; 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° 33' 50" E 262.00 FEET; THENCE, N 00° 32' 13" W 274.63 FEET; THENCE, N 50" 40' 29" W 245.44 FEET; THENCE, N 00' 28' 32" E 19.73 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE; THENCE, N 89` 25'59" W 165.25 FEET ON AND ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 27.89 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 Peterson 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 ofJune, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006. Mayo ATTEST: 2 City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 098, 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 PETERSON ANNEXATION TO THE CITY OF FORT COLLINS, COLOR-ADO 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 Peterson 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 Latimer, 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 MERDIAN 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 89°25'S9"W 324.35 FEET;THENCE, S 01"50' 54" E 50.07 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 01° 50' 54" E 687.94 FEET;THENCE, N 89` 28' 17" W 1014.23 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE KIRSCHNER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00'03'28"E 1857.02 FEET ON AND ALONG SAID EASTERLY LINE;THENCE S 89` 28' 14" E 754.47 FEET; THENCE, S 89" 28' 13" E 963.99 FEET; THENCE, N 00° 09, 15" W 80.01 FEET; THENCE N 89' 28' 13" W 963.10 FEET; THENCE, N 89` 28' 02" W 149.85 FEET; THENCE, N 00' 10' 34" W 1187.93 FEET; 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` 33'50" E 262.00 FEET; THENCE, N 00' 32' 13" W 274.63 FEET; THENCE, N 50` 40' 29" W 245.44 FEET; THENCE, N 00' 28' 32" E 19.73 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE;THENCE,N 89'25'59" W 165.25 FEET ON AND ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 27.89 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 favorablyon first reading,and ordered published this 6th day ofJune, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006. 4Mayo ATTEST: City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk