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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/06/2007 - ITEMS PERTAINING TO THE PLANK PLD & PD ANNEXATION ITEM NUMBER: 13 A-B AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Pertaining to the Plank PLD & PD Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 006, 2007, Annexing Property known as the Plank PLD & PD Annexation. B. Second Reading of Ordinance No. 007, 2007, Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Plank PLD & PD Annexation. These Ordinances,unanimously adopted on First Reading on Januaryl 6,2007,annex and zone 17.35 acres located at the southeast corner of Kechter Road and Ziegler Road. The property is developed as a single-family residence with outbuildings and is in the FA-I Farming District in Latimer County. The area to be annexed is the entirety of an enclaved property that has been surrounded by the City of Fort Collins for more than three (3) years. The requested zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood. ATTACHMENTS I. Copy of First Reading Agenda Item Summary- January 16, 2007. ATTACHMENT ITEM NUMBER: 16 A-C AGENDA ITEM SUMMARY DATE: January 16, 2007 FORT COLLINS CI I �.;FTAFF: Steve Olt SUBJECT Items Pertaining to the Plank PLD & PD Annexation and Zoning. RECOMMENDATION Staff recommends approval of the annexation and requested zoning of LMN-Low Density Mixed- Use Neighborhood. The Planning and Zoning BoardCoted - o re en ap al of the annexation and voted 6-0 to recommend that the property in t Lo Density Mixed-Use Neighborhood Zoning District. The Planning and Zoning Board voted 6-0 to recommend this propertybe included in the Residential Neighborhood Sign District. EXECUTIVE SUMMARY A. Resolution 2007-001 Setting Forth Findings ofFact and Determinations Regarding the Plank PLD & PD Annexation and Zoning. B. Hearing and First Readin rd' e nnexing Property known as the Plank PLD &PD Annex ion. C. Hearing and First Reading o Ordinance:oP007,7Amending the Zoning Map and Classifying for Zoning Purposes the Property Included in the Plank PLD&PD Annexation. This is a request to annex and zone 17.35 acres located at the southeast corner of Kechter Road and Ziegler Road. The property is developed as a single-family residence with outbuildings and is in the FA-1 Farming District in Larimer County. The area to be annexed is the entirety of an enclaved property that has been surrounded by the City of Fort Collins for more than three (3) years. The requested zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this propertyon the Residential Neighborhood Sign District Map. January 16, 2007 -2- Item No. 16 A-C APPLICANT: The Everitt Companies c/o Stanle(Co tt 3030 Sou Av ue Fort Colli 25 OWNER: Leonard and Barbara Plank 3217 East County Road 36 Fort Collins, CO 80528 BACKGROUND The applicant, Stanley Everitt, on behalf of the property owners, Leonard and Barbara Plank, has submitted a written petition requesting annexation of 17.35 acres located at the southeast comer of Kechter Road and Ziegler Road. The property is developed as a single-family residence with outbuildings and is in the FA-1 F i o y. The requested zoning for this annexation is LMN-Low Densit Mixed se i o e area to be annexed is the entirety of an enclaved property that has b City ort Collins for more than three(3) years. The surrounding properties are currently zoned LMN - Low Density Mixed-Use Neighborhood in the City to the north, south, east, and west. This is a 100%voluntary annexation. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from common boundaries with the Webster Farm Annexation (February, 2002) to the north the Fossil Lake Annexation No. 2 (February, 2002) to the west, east, and south. The surrounding zoning and land a llo N: LMN in the City of Fort ollin ; e sti igh sc ool (Fossil Ridge) E: LMN in the City of Fort Co ins; existing single- amily residential S: LMN in the City of Fort Collins; existing single-family residential W: LMN in the City of Fort Collins; existing single-family residential The requested zoning for this annexation is the LMN — Low Density Mixed-Use Neighborhood Zoning District. There are several uses permitted in the District, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan,a part of the Comprehensive Plan, suggests that Low Density Mixed-Use Neighborhoods are appropriate in this location. Staff is recommending this property be included in the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that may be particularly affected by such signs because of their January 16, 2007 -3- Item No. 16 A-C predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. FINDINGS 1. The annexation of this area is consis ent wr ?te policies and agreements between Latimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On November 21,2006,the City Council approved a resolution that accepted the annexation petition and determined that the petition was in compliance with State law. The resolution also initiated the annexation process for the property by establishing the date,time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested LMN — ow D sity i se ighborhood Zoning District is in conformance with the poh ' f t ty' pre ve Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning of LMN-Low Density Mixed- Use Neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board t its re laz n eeh of December 7,2006, voted 6-0 to recommend approval of the anne o ted recommend that the property be placed in the LMN - Low Density Mixed-Use Neighborhood Zoning District. The Planning and Zoning Board voted 6-0 to recommend that this property be included in the Residential Neighborhood Sign District. ORDINANCE NO. 006, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE PLANK PLD & PD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2006-114,finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS,the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: A parcel of land being a portion of the Northwest Quarter(NW 1/4)of Section Nine (9),Township Six North(T.6N.), Range Sixty-eight West(R.68 W.), Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northwest Comer of said Section 9 and assuming the North line of the NW 1/4 of said Section 9 as bearing South 87°59'40" East, a distance of 2659.41 feet with all other bearings contained herein relative thereto: THENCE: South 87°59'40" East along the North line of the NW 1/4 of said Section 9 a distance of 30.02 feet to the West line of the Webster Farm Annexation,recorded March 6, 2002 as Reception No. 2002024765 of the Records of Larimer County; THENCE: South 00100'01" West along the West line of said Webster Farm Annexation a distance of 30.01 feet to the Southwest Corner of said Webster Farm Annexation and the POINT OF BEGINNING; THENCE: South 87°59'40" East along the South line of said Webster Farm Annexation a distance of 1028.87 feet to a Westerly line of the Fossil Lake Annexation No. 2, recorded March 21 2002 as Re ception No. 2002031277 of the Records of Larimer County; The next Three(3)courses and distances are along Westerly, Northerly and Easterly lines of said Fossil Lake Annexation No. 2: THENCE: South 02°00'20" West a distance of 743.91 feet; THENCE: North 87°59'40" West a distance of 1002.78 feet; THENCE: North 00000'10"West a distance of 744.37 feet to the Southwest Corner of said Webster Farm Annexation and the POINT OF BEGINNING. Said parcel contains 17.348 acres more or less (±), is hereby annexed to the City of Fort Collins and made a part of said City,to be known as the Plank PLD&PD Annexation,which annexation shall become effective in accordance with the provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines,gas mains,electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2007, and to be presented for final passage on the day of February, A.D. 2007. Mayo ATTEST: City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 007, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE PLANK PLD & PD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the property which is the subject of this ordinance,and has determined that the said property should be zoned as hereafter provided. NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Plank PLD&PD Annexation to the City of Fort Collins,Colorado, in the Low Density Mixed-Use Neighborhood (LMN)Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A parcel of land being a portion of the Northwest Quarter(NW 1/4) of Section Nine (9),Township Six North(T.6N.),Range Sixty-eight West(R.68 W.), Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northwest Comer of said Section 9 and assuming the North line of the NW 1/4 of said Section 9 as bearing South 87°59'40" East, a distance of 2659.41 feet with all other bearings contained herein relative thereto: THENCE: South 87°59'40" East along the North line of the NW 1/4 of said Section 9 a distance of30.02 feet to the West line of the Webster Farm Annexation,recorded March 6, 2002 as Reception No. 2002024765 of the Records of Larimer County; THENCE: South 00°00'01" West along the West line of said Webster Farm Annexation a distance of 30.01 feet to the Southwest Corner of said Webster Farm Annexation and the POINT OF BEGINNING; THENCE: South 87°59'40" East along the South line of said Webster Farm Annexation a distance of 1028.87 feet to a Westerly line of the Fossil Lake Annexation No. 2, recorded March 21,2002 as Reception No. 2002031277 of the Records of Larimer County; The next Three(3)courses and distances are along Westerly,Northerly and Easterly lines of said Fossil Lake Annexation No. 2: THENCE: South 02°00'20" West a distance of 743.91 feet; THENCE: North 87°59'40" West a distance of 1002.78 feet; THENCE: North 00'00'10"West a distance of 744.37 feet to the Southwest Corner of said Webster Farm Annexation and the POINT OF BEGINNING. Said parcel contains 17.348 acres more or less (±). Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 16th day of January, A.D. 2007, and to be presented for final passage on th day of February, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2007. Mayor ATTEST: City Clerk