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.
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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.
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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.
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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.
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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