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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/03/2006 - ITEMS RELATING TO THE SOUTHWEST ENCLAVE ANNEXATION ITEM NUMBER: 32 A-B AGENDA ITEM SUMMARY DATE: October 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT Items Relating to the Southwest Enclave Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 137, 2006 Annexing Property Known as the Southwest Enclave Annexation. B. Second Reading of Ordinance No. 138,2006,Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in Phase One of the Southwest Enclave Annexation to the City of Fort Collins, Colorado. This is an involuntary annexation of an enclave area approximately 2.7 square mile s (1731 acres) in size,generally bordered on the north by Harmony Road,the south by Trilby Road,South Taft Hill Road on the west and 1/4 mile east of College Avenue to the east. Ordinance No. 137, 2006, adopted on First Reading on September 5, 2006 by a vote of 5-2 (Nays: Brown, Ohlson), annexed the area into the City of Fort Collins. Ordinance No. 138, 2006, unanimously adopted on First Reading on September 5, 2006, designated zoning of lands contained within Phase One of the Southwest Enclave Annexation. ITEM NUMBER: 28 A-G AGENDA ITEM SUMMARY DATE: September 5, 2006 FORT COLLINS CITY COUNCIL STAFF: Cameron Gloss SUBJECT e Items Relating to the Southwest Enclave Annexation and Zoning. RECOMMENDATION Staff recommends .adoption of the Ordinances on First Reading. g EXECUTIVE SUMMARY A. First Reading of Ordinance No. 137, 2006 Annexing Property Known as the Southwest Enclave Annexation. B. First Reading of Or in ce Nlo. 8, 20 m din Zoning District Map of the City of Fort Collins and la ifying Zoni rposes th Property Included in Phase One of the Southwest Enclave xatio 4o e of Fort Ilins, Colorado. C. First Reading of Ordinance No. 139, 2006, Amending Land Use Code Sections 3.8.7(a)(3)(C) Regarding Amortization of Nonconforming Signs and 3.8.11(b) Regarding Fencing. D. First Reading of Ordinance No. 140,2006, Amending Chapter 26,Article VI,Division 4 of the Code of the CityRelating to Rates and Charges for Electric Service. g g E. First Reading of Ordinance No. 141, 2006, Amending Chapter 26, Article VII, Division 2 of the Code of the City Relating to Stormwater Fees. F. First Reading of Ordinance No. 142, 2006, Amending Chapter 15, Article XI of the Code of the City of Fort Collins Pertaining to Secondhand Dealers and Flea Markets. G. First Reading of Ordin ce No. 3, 20 Nintion 4-73 of the Code of the City of Fort Collins Relatin o the P sessi o ild tiAnimals. eh This is an involuntary annexation and zoning of an enclave area approximately 2.7 square miles (1731 acres) in size, generally bordered on the north by Harmony Road, the south by Trilby Road, South Taft Hill Road on the west and 1/4 mile east of College Avenue to the east (see attached vicinity map). The annexation complies with the applicable state law, the Intergovernmental Agreement between Fort Collins and Latimer County,and the applicable criteria in the Fort Collins Land Use Code. The area is partially developed and partially undeveloped and in the FA-1 Farming District(Brookwood,Applewood, Scenic Knolls,Ader Estates,the west half of Skyview Acres 1 st September 5, 2006 -2- Item No. 28 A-G Filing,Skyview South 2nd Filing,Fossil Crest,and Wildflower Subdivisions),FA Fanning District (Fairway Estates 3rd Filing, the west 1/2 of Lynn Acres, developed residential portions of Trilby Heights, and Skyview South 1 st), R Residential District(Fossil Creek Meadows), R-2 Residential District (east 1/2 of Lynn Acres Est tri Y s), M-1 Multi-Family District (Pitner Estates), and C Comm ial ( ar p oew 13, and portions of Trilby Heights properties fronting So Colle Ave e) aty. BACKGROUND 1. Background The surrounding zoning and land uses as follows: N: HC—Harmony Corridor District; existing retail C— Commercial District; existing retail RL—Low Density Residential District; existing single family residential S: RL—Low Density Residential District; existing single family residential POL—Public Open Lands; City-owned Pelican Marsh and Colina Mariposa Natural Areas LMN—Low Density Mix U e R ential Distri t exi g single family residential MMN—Medium Densi ix e R 'd tia i 'ct xisting single family and multi- family residential E: RL—Low Density Resi ti D ct xi ng singl amily residential LMN—Low Density Mixe Use Neighborhood; existing single family residential POL—Public Open Lands; City-owned Fossil Creek Community Park, City—owned Prairie Dog Meadow and Two Creek's Natural Areas W: POL— Public Open Lands; City-owned Coyote Ridge and Cathy Fromme Prairie Natural Areas RL—Low Density Residential District; existing single family residential The City of Fort Collins and Larimer County, through an Intergovernmental Agreement (IGA), defined the Fort Collins Growth Management Area(GMA).Over time,the City will annex land area outside the current city limits and within the GMA. The GMA will become developed and urbanized. Under the IGA and adopted City Plan policy, the City has agreed to pursue the annexation of enclaves as they become eligible. Enclave annexations are subjeCedar equ' en Se 3 - -106 of the Colorado Revised Statutes. When any unincorpo ' entir s o d by d within the City's jurisdiction for at least three yeazs, the Cix the e out consent of azea property owners. Under the State statute, enca do ar subject relatively limited public notice requirements and are exempt from the public hearing requirements applicable to voluntary annexations. The annexation area is located within the Fort Collins Growth Management Area(GMA)except for 40 acres lying within the Wildflower GMA Expansion Area. Staff is recommending that those portions of the enclave located outside the C-Commercial zone district 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 which may be particularly affected by such September 5, 2006 -3- Item No. 28 A-G signs because of their predominantly residential use and character. A map amendment would be necessary to place this area within the Residential Neighborhood Sign District. 2. State Law—Coloradopep e C- lorado Constitution A. Colorado Cons(7..�/ 30. The annexation meets this Constitutional requirement in that the annexation area is entirely surrounded by properties within the City. B. CRS 31-12-106—Annexation of enclaves: This area is also eligible for annexation according to this state statute, which permits an unincorporated area to be annexed if such area has been entirely contained within the City's jurisdiction for a period of not less than three years. This annexation complies with this standard since the enclave was created upon approval ofthe Coyote Ridge Annexations more than three years ago(November 30,2001).City Council reviews for enclave annexations are exempt from the provisions of CRS 31-12-104, 31-12-105, 31-12-108, and 31-12-109. C. Phased Annexati Primarily because the ources eded s e thYere nclave are limited at this point in time,staff believes th ' ul t inhe City if the annexation of the enclave were to take effect over a period of several years. This recommendation is reinforced by the fact that certain "outlying" portions of the enclave, especially those adjacent to or near the City's natural areas, are still more rural in character than other portions of the enclave, such as the South College frontage area. Staff s perspective is that the annexation of the South College frontage area (see Attachment 8) should take effect immediately not only because that portion of the enclave is the most urban in its character, but also because: a. it forms the southernmost entrance to the City, which makes it imperative that the City begin to apply its land use standards, including design standards, to the area in order to create an attractive gateway to the City and to promote the economic development of the City; b. it generates sign' y u an e rest of the Enclave because development i e ar pri '1 co . , which means that the revenues from the area 1 make mor e e for t City to fund and provide critical F services to the uch a e ices; -. - C. it generally has a higher crime rate than the rest of the Enclave, which makes the provision of urban level law enforcement services in the area more time sensitive than in the rest of the Enclave; and d. it requires fewer City-funded amenities such as recreational and cultural facilities because of its non-residential nature. September 5, 2006 -4- Item No. 28 A-G After the annexation map for the South College frontage area has been recorded, City staff will monitor land use development and other changes in the remaining portion of the Enclave, as well as the City's ability to serve those areas. When the City can better afford to provide services to other areas of the enclave and when a uti Yenencclave. equentially extended to those areas, staff will recommend th the ationpfelave be finalized. Under this approach,the annexa Odin Because,however,state law provides that annexations do not take effect until the annexation map for the area to be annexed is filed with the County Clerk and Recorder, the annexation maps for the four phases will be recorded over a period of approximately eight years. Thus,the annexation ordinance authorizes and directs the City Manager to immediately record only that portion of the enclave that consists of the South College frontage areas (Phase One). It further authorizes and directs the City Manager to subsequently file annexation maps for the additional portions of the enclave, separately described on Exhibit "C" to the Ordinance, according to the time frame shown on the exhibit. The approximate geographic boundaries and timeline for annexation of phases 2-4 are also depicted in Attachment 9. The Ordinance further authorizes the City Manager to make minor changes in the boundaries of the phases and to seek Council approval to more substantial boundary changes or to change the time frames for finalizing the annexation of subsequent phases under certain circumstances. It also reserves to Council the right to modify the configuration or timing of the phases on its own initiative. g _ ; 3. Intergovernmental A eeme etwe rt oll d Larimer County A. IGA Section 8- (1) IGA Section 8(A) - It is the City's intent to annex properties within the GMA as expeditiously as possible. (2) IGA Section 8(D)-The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. 4. Land Use Code Standards A. LUC Section 2.12 Annexation ofLand This section of the Land Use Code requires: (1) that the o Q d ayshaold with state law, (2) that the annin d Zo g oard a hearing on the matter and repo om do thncil, and (3) that a recommendation on the proper zoning for the lands be provided. The annexation conforms to the requirements in the Colorado Revised Statutes(CRS). This hearing will be the forum through which the Planning and Zoning Board will forward a recommendation to Council. September 5, 2006 -5- Item No. 28 A-G B. LUC Section 2.9 Amendment to the Zoning Map This section of the Land Use Co vi t en the Zoning Map involving the zoning of more than 640 acres land slat ni )is t e legislative discretion of the City Council. Because the annexation will occur in phases, only Phase One, consisting of the South College frontage area, will be zoned at this time. Under the proposed annexation ordinance, the zoning of the other phases will occur within ninety days after the recording of the map for each phase, following such notice as may be required by law. Despite the fact that no specific criteria for legislative zonings is afforded under the Land Use Code, staff recommends that the City Council consider using the following criteria applicable to quasi- judicial zonings as a basis for the decision regarding the proposed zone districts. It is the City Council's right to utilize these criteria or any other factors for which it finds appropriate when making its decision. The proposed criteria are as follows: That the initial zoning request is: (1) cousisten xvi Gin C ive Ian; and/or (2) warrant byc rtions ithin the neighborhood surround A ubject a. Also, the following additional factors can be considered: (3) whether and the extent to which the proposed zoning is compatible with existing and proposed uses surrounding the subject land, and is the appropriate zone district for the land; (4) whether and the extent to which the proposed zoning would result in significantly adverse impacts on the natural environment,including, but not limited to, water, air, noise, stormwater management, wildlife, vegetation, wetlands and the natural functioning of the environment (5) whether ex wh' o zoning would result in a logica d or y de o pa The recommended zoning distn .fine Ph e rban .. to(UE), Low Density Residential (RL), Low Density Mixed-Use Neighborhood(LMN),Medium Density Mixed-Use Neighborhood (MMN), and Commercial (C). The City's adopted Structure Plan, a part of City Plan, designates the corresponding portions of the annexation area as Urban Estate, Low Density Residential, Low Density Mixed-Use Neighborhood, Medium Density Mixed-Use Neighborhood, Rural Lands, Commercial,and Open Lands,Parks,Stream Corridors. Portions of the annexation area,aside from the publicly-owned Hazaleus and Cathy Fromme Prairie Natural Areas,are designated"Open Lands, Parks, Stream Corridors", are held under private ownership, and are undevelopable due to their September 5, 2006 -6- Item No. 28 A-G location within FEMA and City-regulated floodways. The proposed eventual zoning pattern for the entire enclave is depicted in Attachment 3. The proposed zone district d gnao co on ' tent with the Structure Plan designations. 5. Provision of services b Q n a ation Infrastructure and municipal services are now being supplied to the annexation area by Larimer County, Poudre and Thompson R2-J School Districts, Poudre Fire Authority, Transfort, Fort Collins/Loveland Water District/South Fort Collins Sewer District. Utilities are supplied by U.S. West for telephone, Poudre Valley Rural Electric Authority (PVREA) for electric service, Xcel Energy for gas (and electric service to approximately 100 customers), and independent cable companies for television cable service. Private Homeowner's Associations maintain some of the roads within the annexation area. All present City of Fort Collins municipal services would be provided to the annexation area. A comparison of which agencies carry responsibility for infrastructure and municipal services before and after annexation is noted below: Before Annexation After Annexation Law Enforcement o City of Fort Collins Planning, Engineering f & Building L er o City of Fort Collins Streets an o Road City of Fort Collins/ Bridge/private private Stormwater Larimer County City of Fort Collins Parks and Recreation (no existing County parks City of Fort Collins serve the area) Courts Larimer County Larimer County/City General Gov't Admin Larimer County City of Fort Collins Water Fort Collins/Loveland District same Sewer South Fort Collins Sanitation same District or septic Flood Control Larimer County City of Fort Collins Libraries None City of Fort Collins Electric PVREA/*Xcel Energy City of Fort Collins Gas ce City of Fort Collins Fire o '=1 same Schools Pfre Si ctorth same R2-Jb South of Trilby Road) Transit Transfort same Animal Control Humane Society same *Xcel Energy provides electric service to approximately 100 customers(roughly 8% of the total) within the annexation area. September 5, 2006 -7- Item No. 28 A-G 6. Impact on the City of Fort Collins and other agencies of change in provision of infrastructure and services Based on direction received fro Co i d ning Board through past work sessions,staff has completed ssess t of p e al p City infrastructure and services. The assessment has been pr ed fr exis avai le information provided by City departments and other service t s b n r under ding of personnel, operating and capital expenses. The figures derived are approximate and not intended to be precise or over- prescriptive, but rather as indicators of revenues, service levels and expense. As is noted in the above section, no change will occur in the provision of certain services to residents in the annexation area. With respect to water and sewer service,fire protection,and transit, the same agency will provide the service before and after annexation and therefore,no fiscal impact on the City will occur in these areas. Nor is it expected that the special districts will experience a change in fiscal demands on them. In addition,no impact will occur to school services since schools are provided through the Poudre R-1 School District and Thompson R2-J Districts both before and after annexation. The water and sanitary sewer service will continue to be the responsibility of the Fort Collins/Loveland Water District and South Fort Collins Sanitation District. In the areas of law enforcement;planning,building and engineering; streets; stormwater>Parks and recreation and general goverthis Oni ' ti ould result in the shift in responsibility primarily from e ty ort Collins. What follows is a discussion of possible impacte eas. Est ates of the possible costs in these areas which could result from , m nee equipment and personnel,and the type and number of employees needed to extend the current level of services to this area are enveloped in the summary of fiscal impacts. These costs were developed from the City's current and historical experience of how costs are related to such factors as the number of existing and projected future dwelling units to be served, amount of existing and future retail and service uses, size of population, lane miles of streets, and acres of parkland. A. Law Enforcement Shifting law enforcement responsibilities from Larimer County to the City is expected to reduce the demand for personnel and equipment on the County and increase the demand on the City. The cost of police services in the City is paid primarily through the General Fund. The mill levy on property provides one source of income to the General Fund. At present,mutual aid is provide ee o Sh 'ff s Office(LCSO)and Police Services, particularly with res ct to ropo d rs n phase that includes properties along the South College Avenu ontag LCS rovided dated statistics for the Phase I area for 2005. This data indicates a call a ximat 479 incidents over the course of the year (this an estimate due to the fact that the LCSO response area boundaries do not precisely match the Phase I boundary). These incidents include a wide range of events (a summary list detailed in Attachment 5). Of these incidents, Police Services responded to (took the lead on) the 55 mutual aid responses noted above. Using these 2005 numbers, the additional incidents in the phase I area will result in a 14% increase in call load for Patrol Area 4. September 5, 2006 -8- Item No. 28 A-G The City Council has established a target for providing Police Services at 1.5 Officers per one thousand population (1.5/1000). The Southwest Enclave will have full time resident, employment, and transient populations (delivery drivers, client/customers, etc.). Each of these subgroups comprises the Service Populatio e g The Service Population of th outhw Enc Lea)ssever components. The residential part comes from the U.S. Bureau o Cen ictifie& 27 residing in the Enclave. The remaining component of Service Population is made up of traffic volume unique to the area, business employees, and customers. Based on traffic volumes on South College and the number of businesses in the area,it is estimated that there are,at least,another 2500 new individuals that could demand Police Services throughout the day. There is also a need to estimate the non-sworn or civilian staff needed to support sworn officers.The patrol officer or detective relies on dispatchers, record clerks, and other administrative support personnel to provide service. Currently, there are approximately 0.58 FTE personnel per sworn officer. Based on the forecasted 1 st year annexation cost to provide services, the first year Police Services FTE for the entire Enclave area would call for 12.0 FTE at an estimated cost of$1,668,000. The projected Phase One annex 0ould o s ti ollege Avenue would require 5.0 FTE, which would cost an timat3. o e es anticipates that the additional police patrol necessary to se the are ommod d through reallocation of existing police resources. Initially, Poli a serv' ails from the Phase I area with existing resources. To deal with the longer tenn, General Fund revenues from the Phase I area will be used primarily to augment police services provided to the annexed areas in the future. B. Planning, Building and Engineering With annexation, the City will assume responsibility for the review of development proposals, including overall development plans, project development plans, final plans, and subdivisions; variances; stockpiling permits; sign and grading permits; review of building plans, issuance of building permits and building inspections. The amount of activity is expected to be accommodated through existing City staffing, given that the area is largely developed and that there are limitations to future development based on private residential covenants and the fact that much of the area is developed. Most of the planning, engineering and building plan review, permit and inspection activitywill most likelybe associated with small-scale residential and commercial land development applications, house additions an de ' d p ements. The City will also assume re onsibili for d n orcem t, i.e.-handling complaints about zoning, building, grading, sign Pons, uis ces. C. Street Maintenance and Improvements As the annexed area develops or redevelops, developers will be required to construct or upgrade affected streets to the Latimer County Urban Area Street Standards (LCUASS) for safety and maintenance purposes. These standards include street paving installation requirements, and the provision of other public improvements such as curb, gutters and sidewalks, although there will be an opportunity to custom design street-related improvements based on neighborhood desires. September 5, 2006 -9- Item No. 28 A-G With the shift of responsibility from Larimer County to the City of Fort Collins for streets,there will be very slight impact to the City's street maintenance program. Most of the local streets within the annexation area do not conform to the LCUASS for design. The City will provide the same level of service as the County prod ri0 loci ' hissually includes minor surface maintenance like cracksealing d the ng o f b s not include asphalt overlays or street reconstruction at the C. expen . In sses the eets are privately maintained, that is they are the responsibility o dme satia y designation on the plat of the subdivision. In those cases, street maintenance will continue to be the responsibility of the association until the streets are reconstructed to the LCUASS. D. Parks and Recreation The City has made a significant investment in the 100-acre Fossil Creek Park,the City's newest and largest community park, which lies just east of the annexation area. The park has sports fields and playgrounds, as well as trails and passive recreation areas. Park amenities include: • two lighted ball fields • a roller-hockey rink • a dog park • lighted tennis kateboar ba tb �c rt • multi-purposeds • urban obstacle ark - .. P There are no additional parks proposed in the annexation area. In the event that new residential development occurred within the area after annexation,the City would be obligated to provide parks or justify the use of parking fees for the existing parks in the service area (some examples: Fossil Creek Community Park,Ridgeview Park,Miramont Park and future Provincetown Park) The Parks and Recreation Policy Plan (Policy Lb) states that at a minimum, one neighborhood park shall be provided in every square mile section (or portion thereof) of the city that is predominantly residential and be sized and developed according to the population and fees which have been generated in that area. Parkland fees assessed against new residential development after annexation will provide funding for neighborhood parkland acquisition and development. The operation and maintenance of parks will still need to be funded through the General Fund. Given the significant existing re ' 'al i y h clave, no parkland fees can or will be collected upon anne ion. nei o o p s ill be financed through future residential development fees. „��.,� Several City-owned Natural Areas are within the Enclave or 1/4 mile of the annexation boundary, including the Hazaelus, Cathy Fromme Prairie, Colina Mariposa, Redtail Grove, Two Creeks, Prairie Dog Meadow, and Pelican Marsh Natural Areas. September 5, 2006 -10- Item No. 28 A-G E. Library Services The Harmony Branch library is located near the north boundary of the Enclave area. A review of the library patron rC ates t er e 1 card holders residing within the annexation area. This is a consa mate y amili use one card to check out materials for their children or their spoudi th elves. . a significant number of people use the library for phone or in person reference without getting a card. F. General Government Administration/Personnel With annexation, the number of City employees and the amount of equipment are not expected to measurably increase in order to extend services to the annexation area. This can be attributed to the fact that the annexation area is largely developed at this time. 7. Financial Impact to the City of Fort Collins There currently are 1080 housing units, 108 businesses and an estimated population of 3,127 residents in the Enclave. Revenue sources are primarily various fees(e.g.Street Oversizing,Capital Expansion, Building Permits, Storm Drainage Basic Expansion) and taxes (e.g. Property, Electric, Sales). Provided below are two s s: 1Ydol a second scenario that assumes moderate infill and redevelop nt, in 1 ing o 1 ge opment. *Note: All of the projected reve '�Ie p 00 Projected revenues (all funds/sources): General Fund revenues: Year 1 $ 1,789,080 Year 1 $ 877,562 Year 15 $ 1,919,576 low growth Year 15 $ 903,842 low growth $ 2,381,583 moderate growth $ 1,365,844 moderate growth Funding needs for City services in the Enclave area vary. Some services,such as Golf, Electric and Stormwater, are directly funded by user fees. Other General Fund departments such as Code Compliance plan to position staff to be able to serve the additional customers using existing resources;no additional funds will be required in the short term. Other services, such as the Library or Lincoln Center, are already used by many Enclave residents and do not trigger additional expenditures. The largest General Fund im ct by is t mes ne ed for additional Police Services employees. In the short term,ste extend erage to the South College/Phase 1 area. However, additional funds will be needed to maintain police staffing at appropriate levels and the City Manager has made this a priority. September 5, 2006 -11- Item No. 28 A-G The following are additional General Fund costs for the entire Enclave area: Police $ 1,668,000 Arterial Streets* 127,725 Collector Streets �_*•""�^ ,$�}; 5 °� Local Streets .t � 12 0 Year 1 Total '` $ 88,1 Ih+mik4� r� ». m * To be improved per Transportation Master Plan regardless of annexation The bottom line is that City revenues generated from the residential portions of the Enclave will not exceed costs necessary to serve them. This is true nationally, and especially true in Colorado with the shift in property tax to commercial property, and the reliance on sales tax to fund city services. A matrix outlining the annexation costs and revenues are outlined in Attachment 7. 8. Public Review Process During the summer of 2004, City staff conducted seven neighborhood meetings to elicit feedback from property owners and residents within the Southwest Enclave. The meetings were well attended, with more than 50 residents at most of the sessions. • In conjunction with the neitc oo eetin pa as created that provided written summaries of citizen questid co ent s aff res nses raised at each neighborhood meeting and, some cases, a n t presen Lions. In addition, the web page featured a property tax calculator allowing residents to determine the difference between County and City tax rates. The City Council conducted a work session on February 22, 2005. At that meeting, the majority of Council members expressed support for considering aphased approach to annexation,with emphasis on annexing the properties fronting on S. College Avenue as the first phase. Councilman Kurt Kastein led a facilitated District Meeting discussion with area residents at the Harmony Library on September 27, 2006. During a subsequent work session in November 2005 City Council members affirmed their intent to annex the Southwest Enclave area. However, Council also noted that many of the people living and working in the area continued to have concerns about the effects of the annexation, and that additional input from citizens c 1p i ' a how to mitigate impacts. As a result, Council members dir ed sta spe a it' al working with Enclave residents, property owners and business ners i rder er hear rtizens' issues, exchange ideas and answer questions. b From January through May 2006 a number of outreach efforts took place, including: • Meetings with board members of Citizens Against Forced Annexation (CAFA) • Twelve neighborhood meetings,each targeted at a specific area;invitations extended in the form of a letter from the City Manager sent to property owners and tenants alike September 5, 2006 -12- Item No. 28 A-G • Development of user-friendly "FAQs" containing answers to the most commonly asked questions; mailed along with invitations to the neighborhood meetings and posted on the internet • Dedicated City w : 1 w o vq rn/ -with a variety of information including map nfo non . ee t nd meeting minutes and related follow up from ch nei orho,d eting. ` •„�°• - `'°•... e 'er The meetings were generally well-attended and ranged from simple exchanges of information to highly-charged discussions. Questions were asked and answered and participants were asked to suggest how the City might ease the transition from County to City. A complete set of minutes from all 12 neighborhood meetings are shown in Attachment 10. In addition to formal public meetings,the local news media has provided extensive coverage about the prospective annexation. Articles providing various levels of detail about the annexation issues and process have appeared in the Fort Collins Coloradoan, Fort Collins Weekly, Rocky Mountain Bullhorn, Fort Collins Forum, Loveland Reporter-Herald, and the North Forty News. Local radio and television coverage has also been provided. Throughout the public process, citizens have generally voiced strong opposition to the annexation. Concerns have ranged from direct, increased costs, e.g. - monthly stormwater utility fees and the electric utility service rights fee cOarTe' s way of life will be dramatically altered under City regulations. 9. Public Notice/Second i4 In addition to the outreach meetings, notice of the proposed annexation has been published as required by law. However, that notice was in the form of an extensive legal description which, at the time of publication, contained some typographical errors. Therefore, staff has republished the notice and included a map of the enclave as well as the final legal description. To allow adequate time for that re-publication, staff is recommending that second reading of the annexation ordinance and related ordinances be scheduled for October 3, 2006. 10. Summary of Proposed Mitigation Measures In order to reduce the financial burden on area property owners and residents and making a smoother transition to the City, the staff is proposing a series of mitigation measures. In some instances, implementation of the measures will require specific amendments to the City Code,Land Use Code, and/or elements added to the n io di ce: • Change theamortizati eriod m5 r o years rnonconformingpermanentsigns located on properties an ' int ity - The City began working with Larimer County about 10 years ago on a project to amend the County sign code so that the County's regulations would conform to the City's regulations, at least for the properties in the urban growth area. However,the County placed the project on hold until last year when consistent sign regulations were finally adopted. Had the Code been amended 10 years ago, the number of potentially nonconforming signs that could be annexed would be substantially less and the economic impact to county property owners might not be as great. September 5, 2006 -13- Item No. 28 A-G Replacement or remodeling of nonconforming signs that are currently in the county can cost thousands of dollars and business owners have noted that this additional cost is especially burdensome when adde th of tY t be subjected to. Staff is recommending this C revi appl i w e future annexations. Other regulations that pertain nonco ormi p anl remain. Additionally, it is recommended that no ch e t. roviuires"temporary"signs such as portable signs, vehicle-mounted signs, banners, and flashing or animated signs to be removed within 60 days of the date of annexation. • Allow barbed wire fences and electrically charged fences used for livestock and pasture management in UE and R UL zones. Current regulations have not accounted for the types of agricultural uses found in the new Rural Lands zone district. Additionally, new technologies allow safe and practical electrically charged fences that were not possible in the past. This Code change will apply city-wide and allows electrically charged fences as long as they do not exceed a maximum amperage, are used within permanent fencing, and contain signs identifying them as being electrically charged if located along any public right of way. As with other structures er -to t •City's Land Use Regulations, existing barbed wire f ces a�i lectri 11 ch ge meeting the proposed standards would be allowed to co inue in finite ess such nces would be removed,relocated or modified. w • Use Utility reserve funds to cover all except 5%of the 25%mandated service rights fee for Poudre Valley Rural Electric Authority (PVREA) customers in the Enclave area. As a result, a vast majority of PVREA customers will pay the same or less for City electric service than they do currently under PVREA. Xcel customers will see a 35-40%decline in electric rates. State law mandates that the City pay an additional 25% of each customer's monthly fee to PVREA for a period of 10 years. In the past, the City has chosen to pass this fee along to customers. Enclave residents have voiced strong opposition to this practice,and many small business owners have expressed concern that it will not only harm their business but, in some cases, the 25% co rcould cause them to go out of business. By reducinvUleQ E c o s fi the Southwest Enclave will pay the same or less for they currently under PVREA. These calculations take the te"int count as well; even factoring this in, PVREA customers will pay the same or less with the City. Excel users, who are not impacted by the service rights fee, will see a 35-40% reduction in rates under City service. The remaining 20%fee would be covered using Utility reserve funds,costing approximately $2.3 million over 10 years. (Absorbing the entire 25%fee would cost$2.9 million over 10 years.) As of December 31, 2005 Light and Power fund reserves totaled $48 million, $8 million of which is non-cash, such as accounts receivable and inventory supplies. September 5, 2006 -14- Item No. 28 A-G This measure would apply only to the Southwest Enclave area. Any future requests of this nature will be considered on a case-by-case basis. • Underground electric ut'd#iestt r r' to r wn The total cost to the Cit Electtri Utilit o ?eergro existing facilities is approximately $9.3 million ($2006 d)1 Pro co brok down as follows: $4.5 million—purchase electric system from PVREA and Xcel Energy $2 million—underground electric lines $2.3 million— Service Rights Fee (SRF) 20% subsidy $450k—Equipment replacement ($200k transformers, $50k meters, $200k labor) Costs associated with the electric undergrounding would be covered using a combination of Utility reserve funds and undergrounding funds. The opportunity cost for such undergrounding would be the diversion of funding from other electric capital projects • Phase in monthly stormwater utility fees over a five year period, charging 20%of the total fee the first year, then 40, 60, 80 and 100116, respectively. Enclave residents do no tl tili sYohell'years. water. By phasing in the new stormwater fees resid s and pert er e to factor the cost into their budgets. This replica the ex rienc o erents, who have seen gradual increases in stormwater' as ra a Led Once all property owners reach 100%, the total fee collected for stormwater is estimated at $24,100 per month. The estimated stormwater revenue for existing development in the Southwest Enclave at full current rates is $289,000 per year, totaling $8,680,000 over the next 30 years. This compares to $8,100,000 over the next 30 years if the stormwater fees are phased in as recommended, a difference of$580,000. The City-wide Stormwater Master Plan has numerous capital projects in the Fossil Creek Basin. These include improvements at the Union Pacific Railroad and Trilby Road, a detention pond on Lang Gulch at Shields Street,and box culverts on Taft Hill Road,various railroad crossings, Shields Street, Lemay Avenue and others. While some of these improvements are actua heI ff the Enclave impacts all the improvements, regardl s of loc o The Council approved sea financi plan in 2004 that extended the completion of the stormwater master plan to about 2034. In 2006,the stormwater fund was asked to pay for a portion of residential street sweeping,extending the estimated master plan completion date to about 2036. In making these longterm projections,the staff assumed the City customer base would continue to grow due to new construction and annexations. To the extent the growth in customer base from the proposed annexation of the Southwest Enclave is part of that long range growth projection, the impact of the annexation by itself is difficult to predict. If the implementation of the annexation is phased over a number of September 5, 2006 -15- Item No. 28 A-G years as is being discussed, it is likely that growth projections will not be affected and the impact will be negligible. • Change the licensing re e01c, d ale flea markets so that the owner of the flea market is t lice sn e ather than the individual booth operators. The majority of booth operators rent a small space from the property owner or dealer, in some cases a small cubicle, and primarily sell goods that do not fall under the definition of second hand articles subject to the licensing and record keeping requirements of the City ordinance. Booth operators have expressed concern that current licensing requirement could put them out of business, especially in those cases where one booth owner sells merchandise from several locations. A code change would exempt individual booth operators from the license requirements and g P P 4 background checks; however, shop owners would still be required to obtain a license, pay the requisite fee and comply with the reporting and record keeping requirements of the Ordinance and state law. An additional provision requires the licensee to keep an up to date list identifying the name, date of birth and address of each person renting a booth at the business. • Specify record keepin equir nts fo ke ators so as not to put an undue burden on individual b th oper ors, it tz addr ing and satisfying the intent of the record requirements of z ti)�ca st prope Current regulations addressing the sale of second hand property are in many ways intended to prevent people from trafficking in stolen property, and detailed information on the original seller is required on many items. Recommended code changes could differentiate items acquired by a second hand dealer at the premises from those obtained at garage sales or similar events. • Exempt animal shelters and bird rescue and education centers from restrictions on the possession and feeding of wild animals. Current code prohibits the possession and feeding of wild animals. This change would allow the Larimer Count Humane Society located in the Enclave and other such entities to Y Y � ) continue their services. • Pursue actions to addr spfl once sPgaYfunding and neighborhood road connections. Some local roads in the area are deteriorating and in the South College commercial area some are failing. Business and property owners want them repaired. Work will need to be done to determine if adjacent property owners are willing to pursue a Special Improvement District to fund the street repairs. Staff can work with property owners to customize the design of the streets. In the future, property owners could also consider whether or not to form an Urban Renewal Authority to help fund infrastructure improvements. September 5, 2006 -16- Item No. 28 A-G Two separate neighborhoods have also asked for assurance about certain streets. Applewood Estates property owners do not want Fossil Creek Drive and Crest Road connected, and Fairway Estates property owners want Palmer Drive to remain blocked to through traffic as it is currently. A sCsiden ua , opnc Yofing 3 South Taft Hill Road 7th Annexation where ars presnecting two existing dead-end sections of Moore Ls use, irmed within the Annexation Resolution that the p i the street connection. Staff suggests that similar language be included within the Southwest Annexation Resolution expressing the City's intention of not requiring the Fossil Creek Drive/Crest Road and Palmer Drive connections. The Planning and Zoning Board Hearing The Planning and Zoning Board considered the Southwest Enclave Annexation at its July 20, 2006 meeting(verbatim meeting minutes are attached). The Board voted unanimously(6-0,Rollins with a conflict-of-interest) to recommend that City Council approve the annexation request and initial zoning as recommended by staff and that residentially-zoned properties be placed in the residential sign district. The Board also made specific recommendations regarding the proposed 8 mitigation measures as proposed by staff: • Stormwater Utility Fee Phasing and Electric Service Rights Fee Subsidy- Recommendation of Denial (3-3, Fries, Meyer and Schmidt opposed) • Extension of S' Am zatio oP s- a mmendation of Approval (5-1, Lingle opposed • Remaining 6 Mitigation Measures- Recommendation of Approval (6-0) ATTACHMENTS 1. Annexation Area Vicinity Map 2. Structure Plan Designations 3. Proposed Zoning Designations 4. Subdivision Map 5. Larimer County Sheriff's Office 2005 Police Statistics for Phase I Area 6. Fiscal Impact Matrix 7. South College Frontage Area Map- Phase I Annexation 8. Annexation Phasing Map 8. Annexation Phasing Atings with 1 de o e p t 10. 2006 Neighborhood utes11. Answers to Frequented,.@ do fo esidenti Areas 12. Answers to Frequently Asked Questions for Businesses and Commercial Areas 13. July 20, 2006 Planning and Zoning Board Verbatim Meeting Minutes ORDINANCE NO. 137, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE SOUTHWEST ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Article II, Section 30 of the Colorado Constitution and Section 31-12-106 of the Colorado Revised Statutes, when read together, authorize municipalities in Colorado to annex any unincorporated areas that have been entirely surrounded by and contained within their municipal boundaries for a period of not less than three years; and WHEREAS, the unincorporated area described on Exhibit "A," attached hereto and incorporated herein by this reference(the"Southwest Enclave"),has been entirely surrounded by and contained within the boundaries of the City of Fort Collins for a period of more than three years;and WHEREAS,the City has entered into an intergovernmental agreement with Larimer County, Colorado,dated November 21, 2000,which states,in Section 8(D)thereof,that the City will pursue the annexation of enclaves within the City's boundaries as such enclaves become eligible for annexation; and WHEREAS, the annexation of enclaves promotes the orderly progression of urban-level development in the enclaves in a manner that is consistent with the City's master plans, allows for the cost-effective delivery of services to the enclaves,and ensures that those who benefit from City services help pay for those services; and WHEREAS, for the foregoing reasons, it is important that the City pursue the annexation of the Southwest Enclave; and WHEREAS, the City Council has approved various measures, some of which involve amendments to the City Code, in order to accommodate various concerns of the residents and property owners in the Southwest Enclave, which measures include covering with reserve funds a substantial portion of the state-mandated service rights fees for customers of the Poudre Valley Rural Electric Authority ("PVREA"), undergrounding electric utilities at no cost to property owners, phasing in monthly stormwater utility fees over a five year period, allowing barbed wire and electrically charged fences in certain zone districts,changing the amortization period from five years to seven years for nonconforming signs,and changing the licensing requirements for businesses that qualify as second hand dealers and flea markets: and WHEREAS, as the Southwest Enclave is annexed, the City is committed to providing the same high level of services to residents and property owners within said enclave as it provides to those who reside or own property in other parts of the City; and WHEREAS,the Southwest Enclave is approximately 1,731.098 acres,(2.705 square miles) in size,which means that the provision of urban level services to the entire enclave will be extremely costly; and WHEREAS, accordingly, the City Council believes it to be in the best interests of the City to annex the Southwest Enclave in phases, so that, over time, the City will be better able to manage the costs of providing such services to the area without compromising its financial well being of the City or the provision of services to other areas of the City; and WHEREAS, after receiving various reports and recommendations from City staff, the City Council has determined that the portion of the Southwest Enclave known as the South College Frontage Area,which is described as"Phase One"on Exhibit"B," attached hereto and incorporated herein by this reference, should forthwith be annexed as the first phase of the Southwest Enclave annexation because: (a) it forms the southernmost entrance to the City,which makes it imperative that the City begin to apply its land use standards, including design standards, to the area in order to create an attractive gateway to the City and to promote the economic development of the City; (b) it generates significantly more tax revenues than the rest of the Southwest Enclave because development in the area is primarily commercial, which means that the revenues from the area will make it more feasible for the City to fund and provide critical services to the area, such as police services; (c) it generally has a higher crime rate than the rest of the Southwest Enclave, which makes the provision of urban level law enforcement services in the area more time sensitive than in the rest of the enclave; and (d) it requires fewer city-funded amenities such as recreational and cultural facilities because of its non-residential nature; and WHEREAS, the annexation of subsequent phases of the Southwest Enclave should be finalized as soon as, in the judgment of the City Council, the City can absorb the costs associated with annexing such phases without jeopardizing the financial condition of the City or the provision of services to other areas of the City, and as soon as the City's Electric Utility is in a position to extended utility services to areas contained within such phases in a logical and sequential fashion; and WHEREAS, in order to accomplish these objectives within a reasonable period of time,the City Manager has recommended to the Council a tentative time frame for such phased annexation, together with criteria for determining the precise point in time when the annexation of various phases of the Southwest Annexation should take effect; and 2 WHEREAS,all applicable requirements of Section 31-12-101,et seq.have been met and the area proposed to be annexed in the Southwest Enclave Annexation is eligible for annexation to the City and should be so annexed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the property shown on Exhibit "A," to be known as the Southwest Enclave Annexation, is hereby annexed to the City of Fort Collins and made a part of said City; provided, however, that the annexation of each phase of the Southwest Enclave Annexation, as generally described on Exhibit "C," attached hereto and incorporated herein by this reference, shall take effect as of the date of recording of the annexation map for each such phase with the Larimer County Clerk and Recorder,pursuant to Sections 31-12-113(2)(a)(II)(A)and 31-12-113(2)(b),C.R.S. Section 2. That the City Manager is hereby authorized and directed to record such annexation maps in the order shown on Exhibit "C," and on or before the dates shown thereon, subject to the following conditions: a. That the boundaries of Phases Two through Four may be adjusted by the City Manager if, in his or her judgement, such changes are necessary or advisable to effectuate the purposes of this Ordinance and to provide for the cost-effective,logical and sequential annexation of the property contained within the Southwest Enclave; provided,however,that any substantial change in such boundaries shall be approved by the City Council by resolution. For the purposes of this provision,a change in the boundaries of a particular phase shall be considered substantial if such change would increase or decrease the area contained within such phase by more than ten percent (10%). b. That, if the City Manager believes that finalizing a particular phase of the annexation by recording the annexation map for said phase on or before the date shown in the schedule for such phase may jeopardize the financial well-being of the City because of the additional, ongoing costs that will thereafter be incurred by the City in serving the residents and businesses within the newly annexed phase,then the City Manager may request that the City Council modify said schedule so as to allow additional time for annexing that portion of the enclave. C. That, if the City Manager believes that the filing of the annexation map for a particular phase should be expedited in order to allow for the orderly, sequential extension of electric utility infrastructure throughout the Southwest Enclave, or to ensure that any significant proposals for the development or redevelopment of property within said enclave are reviewed under all relevant City land use regulations,then the City Manager may request that the City Council modify Exhibit "C" accordingly. 3 d. That nothing herein shall be construed as limiting the ability of the City Council, its own initiative and in its sole discretion, to modify Exhibit"C" so as to change the configuration of the various phases of this annexation or the periods of time within which the annexation of such phases should be finalized through the recording of maps with the Office of the County Clerk and Recorder. Section 3. That, within forty-five(45) days after the recording of each annexation map for Phases Two through Four, the City Manager shall notify all property owners within such phase of the recording of said map and the fact that the annexation of such phase has taken effect. Said notice shall be mailed to the then current address of each such property owner as shown in the records of the Larimer County Assessor's office. Failure to send any such notice shall not invalidate the annexation of the area contained within such phase. Section 4. That the areas contained within each phase of the Southwest Enclave Annexation shall be placed within a zone district in the City by ordinance of the Council no later than ninety (90) days after the date of recording of the annexation map for such phase with the Larimer County Clerk and Recorder, following such notice as may be required by law. Section 5. That upon annexation,the service rights fee for all existing PVREA services transferred within the Southwest Enclave as applicable pursuant to paragraphs(h)of Section 26-464, (i)of Section 26-465,0)of Section 26-466,(1)of Section 26-467, (m)of Section 26-468, and(d)of Section 26-469 of the Code of the City of Fort Collins, shall be five (5) percent of the total of all charges for electric power service, and shall continue and be applicable to any property so annexed until such time as the city has fulfilled any associated statutory obligation for payment to PVREA. Section 6. That any lot or parcel in the Southwest Enclave that has been developed as of the date of its annexation shall, upon annexation, be assessed a stormwater utility fee using the then approved base rate as specified in Section 26-514 of the Code of the City of Fort Collins,except that said fee will be multiplied by the factor shown in the following table: Year After Months After Multiplication Annexation Annexation Factor 1 1-12 0.2 2 13-24 0.4 3 25-36 0.6 4 37-48 0.8 5 and Month 49 and 1.0 thereafter all billings thereafter 4 provided that, if a new or incremental improvement is added to such lot or parcel that results in an increased monthly stormwater utility fee for the lot or parcel,the factor described above shall not be applied to the stormwater utility fee, and instead, as of the date of such improvement, the full stormwater utility fee shall apply. Section 7. That,in annexing the property governed by this Ordinance 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 8. 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("the Subdistrict"). Upon inclusion into the Subdistrict, said property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 2006, and to be presented for final passage o 3rd day of October, A.D. 06. i Mayor ATTEST: I N�t City Clerk Passed and adopted on final reading on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk 5 ORDINANCE NO. 138, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING DISTRICT MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN PHASE ONE OF THE SOUTHWEST ENCLAVE 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 a portion of the property known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado, in the Commercial ("C")Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: LEGAL DESCRIPTION FOR LAND TO BE ZONED 'C' A TRACT OF LAND SITUATE IN THE E %2 OF SECTION 1 I AND THE W '/2 OF SECTION 12 AND THE NW '/4 OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AS BEARING S 00° 02'21" W, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 13,THENCE S 00° 02'21" W 40.69 FEET ALONG THE EASTERLY LINE OF SAID SECTION 14 TO THE TRUE POINT OF BEGINNING; THENCE S 00' 02' 19" W 876.44 FEET, THENCE N 89 °47' 49" E 247.73 FEET, THENCE N 00- ITI1" E 874.88 FEET,THENCE S 89° 41'05" E 199.77 FEET,THENCE N 00' 02' 16" W 1007.01 FEET,THENCE N 00° 13'40" W 1677.45 FEET,THENCE N 89" 28'37" W 4.64 FEET, THENCE N 00° 12'47" W 1333.82 FEET,THENCE S 89° 24' 50" E 230.50 FEET, THENCE N 00° 44' 06" E 1306.15 FEET, THENCE N 88° 55' 14" W 675.00 FEET TO THE NW CORNER OF SECTION 12, THENCE S 88` 49' 00" W 75.00 FEET, THENCE S 00° 58' 46" W 366.08 FEET, THENCE S 01 ` 02' 50" W 610.50 FEET, THENCE ALONG THE ARC OF A 22,995.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 62.78 FEET, THE LONG CHORD OF WHICH BEARS S 00 ' 57' 46" W 62.78 FEET, THENCE N 88' 58' 00" W 280.27 FEET,THENCE S 01- 02'00"W 276.98 FEET,THENCE S 89` 34'22"W 12.44 FEET,THENCE S 00° 13' 21" E 490.13 FEET, THENCE S 89` 55' 21" E 10.00 FEET, THENCE S 00° 13' 21" E 96.41 FEET, THENCE S 89- 46' 39" W 10.00 FEET, THENCE S 00 ° 13' 21" E 780.97 FEET, THENCE S 89' 06'45" E 321.90 FEET,THENCE S 00° 13'39" E 2107.02 FEET,THENCE N 88` 44' 45" E 98.17 FEET, THENCE S 00' 13' 47" E 542.39 FEET, THENCE S 89° 31' 40" W 50.17 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 84.37 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 property described in Section 1 above is not included in the Residential Neighborhood Sign District. Section 3. 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 a portion of the property known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use Neighborhood ("L-M-N")Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: LEGAL DESCRIPTION FOR LAND TO BE ZONED `LMN' A TRACT OF LAND SITUATE IN THE NE Y<OF SECTION 14 AND THE NW '/ OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 13 AS BEARING S 00° 02'21" W, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 14,THENCE S 00° 02'21" W 40.69 FEET ALONG THE EASTERLY LINE OF SAID SECTION 14 TO THE TRUE POINT OF BEGINNING;THENCE S 89° 31'40"W 49.83 FEET,THENCE N 00' 12'09" W 10.00 FEET, THENCE S 88" 44'48" W 1231.77 FEET, THENCE S 00` 28' 33" W 1298.09 FEET, THENCE N 88' 5 P 57" E 1244.80 FEET, THENCE N 00° 10' 49" E 234.69 FEET, THENCE S 89° 57' 41" E 99.99 FEET, THENCE N 00° 09' 10" E 120.55 FEET, THENCE N 00° 12' 11" W 59.33 FEET, THENCE S 89° 47' 49" W 53.87 FEET, THENCE N 00` 02' 19" E 876.44 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 38.325 ACRES, MORE OR LESS. 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 property described in Section 3 above is included in the Residential Neighborhood Sign District. Section 5. 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 a portion of the property known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado,in the Low Density Residential("R-L")Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: LEGAL DESCRIPTION FOR LAND TO BE ZONED `RL' A TRACT OF LAND SITUATE IN THE SW Y< OF SECTION 1 AND THE SE Y OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION I AS BEARING S 88° 55' 14" E, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 1, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE S 88° 55' 14" E 153.27 FEET ALONG THE SOUTHERLY LINE OF SAID SECTION 1,THENCE N 00' 52' 32" E 1280.26 FEET, THENCE N 13' 09'42" W 145.69 FEET, THENCE S 46' 18'07"W 90.76 FEET,THENCE N 89° 04'38" W 101.13 FEET, THENCE S 00° 59' 42" W 76.37 FEET, THENCE S 22° 39' 32" W 67.30 FEET, THENCE S 00° 58'03" W 1221.27 FEET,THENCE N 88' 49' 00"E 75.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINING A NET AREA OF 7.06 ACRES, MORE OR LESS. Section 6. 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 property described in Section 5 above is included in the Residential Neighborhood Sign District. Section 7. 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 a portion of the property known as the Southwest Enclave Annexation to the City of Fort Collins, Colorado, in the Urban Estate("U-E")Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: LEGAL DESCRIPTION FOR LAND TO BE ZONED 'UE' A TRACT OF LAND SITUATE IN THE SW Y< OF SECTION 12, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER,STATE OF COLORADO; CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 AS BEARING S 88° 55' 14" E, BASED UPON THE CITY OF FORT COLLINS COORDINATE BASE AND GPS OBSERVATION, AND WITH ALL BEARINGS HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 12,THENCE S 88° 55' 14" E 675.00 FEET ALONG THE NORTHERLY LINE OF SAID SECTION 12, THENCE S 00° 44' 06" W 1306.15 FEET,THENCE N 89- 24'50" W 230.50 FEET,THENCE S 00° 12'47" E 1333.82 FEET,THENCE S 89° 28' 37" E 4.64 FEET,TO THE TRUE POINT OF BEGINNING;THENCE S 89° 28'37" E 622.07 FEET,THENCE S 00` 13'40" E 1092.14 FEET,THENCE N 89" 39' 10" W 617.40 FEET,THENCE N 0° 13'40" W 1094.04 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING A NET AREA OF 15.49 ACRES, MORE OR LESS. Section 8. 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 property described in Section 7 above is included in the Residential Neighborhood Sign District. Section 9. 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 5th day of September, A.D. 2006, and to be presented for final passage on th rd day of October, A.D. 2006. w Mayor ATTEST: I" ��- - � City Clerk Passed and adopted on final reading on the 3rd day of October, A.D. 2006. Mayor ATTEST: City Clerk