HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/17/2007 - ITEMS RELATING TO THE KINARD JUNIOR HIGH SCHOOL AN ITEM NUMBER: 18
AGENDA ITEM SUMMARY DATE: April 17, 2007
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Kinard Junior High School Annexation and Zoning.
.
RECOMMENDATION
Staff recommends approval of the Resolution and the Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Resolution 2007-038 Setting Forth Findings of Fact and Determinations Regarding the
Kinard Junior High School Annexation.
B. Hearing and First Reading of Ordinance No. 059, 2007, Annexing Property Known as the
Kinard Junior High School Annexation to the City of Fort Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 060, 2007, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kinard
Junior High School Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 27.18 acres in size.
The site is 3002 East Trilby Road, located approximately one-half mile south of Kechter Road on
the west side of Ziegler Road. Contiguity with the existing municipal boundary is gained along the
entire east boundary which is shared with the Fossil Lake Annexation No. 2. Contiguity is also
gained along a portion of the north boundary which is shared with the Homestead Annexation.
BACKGROUN
D
The property is located within the Growth Management Area(GMA). According to the policies and
agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental
Agreement for the City of Fort Collins Growth Management Area, the City will agree to consider
according to State
annexation of property in the GMA when the property is eligible for annexationg
P P Y P P Y to
law.
The parcel gains the necessary one-sixth contiguity along the entire east and a portion of the north
property lines. Of the total perimeter boundary,the parcel has 41%contiguity with the City limits.
This substantially exceeds the required minimum of 16.66% (one-sixth). The parcel, therefore,
April 17, 2007 -2- Item No. 18
complies with the requirements of the Intergovernmental Agreement— Growth Management Area
and is eligible for annexation.
This is a 100% voluntary annexation for a property located within the Growth Management Area.
The property satisfies the requirement that no less than one-sixth of the perimeter boundary be
contiguous to the existing City boundary. The recommended zoning of L-M-N,Low Density Mixed-
Use Neighborhood, is in compliance with the City's Comprehensive Plan and Structure Plan Map.
Staff recommends the parcel be placed within the Residential Neighborhood Sign District.
Resolution 2007-011, adopted on February 20, 2007 initiated the annexation. On March 15, 2007,
the Planning and Zoning Board took two specific actions in making its recommendation to City
Council:
1. The Board voted 6-0 to recommend approval of the annexation.
2. The Board also voted 6-0 to recommend the property be placed in the Low Density Mixed-
Use Neighborhood zone district and within the Residential Neighborhood Sign District.
Consistency with Existing Policies
According to the policies and agreements between the City of Fort Collins and Latimer County,
contained in the amended (November 21, 2000) Intergovernmental Agreements — Growth
Management Area(IGA), the City will agree to consider for annexation property in the GMA.when
such property is eligible for annexation according to State law. According to Section 8A of the IGA,
as amended:
"It is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in Section
8(B), the City agrees to consider the annexation of any parcel or parcels of land
located within the GMA which are eligible for voluntary annexation pursuant to the
provisions of Title 31, Article 12 Colorado Revised Statutes."
The surrounding zoning and land uses are as follows:
N: L-M-N; Single family subdivision(Homestead P.U.D.)
S: Count FA-1• Rural residential and agriculture Kechter Farm
Y � ( )
E: L-M-N; Existing single family subdivision(Fossil Lake Estates)
W: County FA-1; Rural residential and agriculture(Kechter Farm).
The parcel gains the necessary one-sixth contiguity along the entire east and a portion of the north
property lines. Of the total perimeter boundary,the parcel has 41%contiguity with the City limits.
This substantially exceeds the required minimum of 16.66% (one-sixth). The parcel, therefore,
complies with the requirements of the Intergovernmental Agreement— Growth Management Area
and is eligible for annexation.
One of the stated intents of the IGA is to have urban development occur within the City in order that
the provision of urban level services by the County would be minimized. This is a 100%voluntary
April 17, 2007 -3- Item No. 18
annexation. The parcel is not an enclave. On February 20, 2007, City Council approved a
Resolution which accepted the annexation petition and established that the petition is in compliance
with State statutes.
ZONING
Requested Zoning—Low Density Mixed-Use Neighborhood
The proposed zoning for the entire 27.18 acres of the Kinard Junior High School Annexation is L-M-
N, Low Density Mixed-Use Neighborhood. The Land Use Code describes this zone district as
follows:
"Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a
setting for a predominance of low density housing combined with complementary
and supporting land uses that serve a neighborhood and are developed and operated
in harmony with the residential characteristics of a neighborhood.The main purpose
of the District is to meet a wide range of needs of everyday living in neighborhoods
that include a variety of housing choices that invite walking to gathering places,
services and conveniences,and that are fully integrated into the larger community by
the pattern of streets, blocks, and other linkages. A neighborhood center provides a
focal point, and attractive walking and biking paths invite residents to enjoy the
center as well as the small neighborhood parks.Any new development in this District
shall be arranged to form part of an individual neighborhood.
Typically, Low Density Neighborhoods will be clustered around and integral with a
Medium Density Mixed-Use Neighborhood with a Neighborhood Commercial
Center at its core. For the purposes of this Division, a neighborhood shall be
considered to consist of approximately eighty(80)to one hundred sixty(160)acres,
with its edges typically consisting of major streets, drainageways,irrigation ditches,
railroad tracks and other major physical features."
Fossil Creek Reservoir Area Plan
As mentioned, the L-M-N zone district complies with both Fossil Creek Reservoir Area Plan and
the City's Structure Plan Map. The L-M-N zone would match both the Fossil Lake P.U.D. to the
east and Homestead P.U.D. Second Filing to the north.
In this area,the properties west of Ziegler Road and north of Trilby Road are planned to support an
urban level of development versus areas east of Ziegler Road and areas north of Fossil Creek
Reservoir. According to the Plan:
"FC-LUF-3 Mixed-Use Neighborhoods. These neighborhoods will consist of a
mix of housing types near parks, schools, and a neighborhood center. The density
will be a minimum overall average of either 3 or 5 units per acre, with an overall
maximum of 8 dwelling units per acre, and a maximum of 12 units per acre for any
single phase."
April 17, 2007 -4- Item No. 18
Findings of Fact/Conclusion
In evaluating the request for the Kinard Junior High Annexation and Zoning, staff makes the
following findings of fact:
A. The annexation of this parcel is consistent with the policies and agreements between Latimer
County and the City of Fort Collins, as contained in the amended Intergovernmental
Agreement— Growth Management Area.
B. The parcel meets all criteria included in State law to qualify for annexation by the City of
Fort Collins.
C. The requested zone district, L-M-N, Low Density Mixed-Use Neighborhood, is in
conformance with two elements of the City's Comprehensive Plan (City Plan). These
elements are the Structure Plan Map and the Fossil Creek Reservoir Area Plan.
D. Staff recommends the parcel be placed within the Residential Neighborhood Sign District.
E. On February 20, 2007, City Council adopted Resolution 2007-011, which accepted the
annexation petition and determined that the petition is in compliance with State law.
Planning and Zoning Board Recommendation:
On March 15, 2007, the Planning and Zoning Board voted 6-0 to recommend annexation into the
municipal boundary and inclusion into the Residential Sign District. It also voted 6-0 to recommend
placement into the Low Density Mixed-Use Neighborhood zone district.
ATTACHMENTS
1. Vicinity Map.
2. Proposed Zoning Map.
3. Fossil Creek Reservoir Area Land Use Map.
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RESOLUTION 2007-038
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE KINARD JUNIOR HIGH SCHOOL ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Kinard Junior High School Annexation; and
WHEREAS, following notice given as required by law, the Council has held a hearing on
said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the petition for annexation complies with
the Municipal Annexation Act.
Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
urbanized in the near future;and that said property is integrated with or is capable ofbeing integrated
with the City.
Section 3. That the Council further determines that the applicable parts of said Act have
been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with said Act.
Section 5. That the Council concludes that the area proposed to be annexed in the
Kinard Junior High School Annexation is eligible for annexation to the City and should be so
annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th
day of April, A.D. 2007.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 059, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
KINARD JUNIOR HIGH SCHOOL ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2007-011,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:
KNOW ALL MEN BY THESE PRESENTS THAT POUDRE SCHOOL DISTRICT,
BEING THE OWNER OF THAT PART OF THE NORTHEAST 1/4 OF SECTION
8, TOWNSHIP 6 NORTH, RANGE 68 WEST, LARIMER COUNTY,
COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO
WIT:
CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER OF
SECTION 8 AS BEARING NORTH 00000'02" EAST ALONG THE EAST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 8 BETWEEN A FOUND
3 1/4" ALUMINUM CAP, STAMPED "2001, JONES LS 22098" AT THE
NORTHEAST CORNER OF SAID SECTION 8,AND A#6 REBAR WITH 3 1/4"
ALUMINUM CAP STAMPED "2000,JONES LS 22098",AT THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8,WITH ALL
BEARINGS HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH 1/16 CORNER OF SAID SECTION 8 AND
SECTION 9 TOWNSHIP 6 NORTH, RANGE 68 WEST; THENCE SOUTH
89022'57" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 8,A DISTANCE OF 30.00 FEET
TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD
(COUNTY ROAD 9), SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE SOUTH LINE OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF SAID SECTION 8,SAID LINE ALSO BEING
THE SOUTH LINE OF THE HOMESTEAD P.U.D., RECORDED WITH THE
RECORDS OF LARIMER COUNTY AT RECEPTION NO. 93074452, SOUTH
89°22'57" WEST, A DISTANCE OF 503.80 FEET; THENCE 216.94 FEET
ALONG A NONTANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF
60.50 FEET AND AN INCLUDED ANGLE OF 205026'53" SUBTENDED BY A
CHORD BEARING SOUTH 89-22-57"WEST,A DISTANCE OF 118.03 FEET TO
A POINT ON SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINE
SOUTH 89022'57"WEST A DISTANCE OF 618.25 FEET; THENCE LEAVING
SAID SOUTH LINE SOUTH 00-00-23"WEST,A DISTANCE OF 627.68 FEET TO
A POINT OF CURVATURE; THENCE 557.97 FEET ALONG THE ARC OF A
TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 520.00 FEET AND
AN INCLUDED ANGLE OF 61°28'46" SUBTENDED BY A CHORD BEARING
SOUTH 30044'00" EAST, A DISTANCE OF 531.59 FEET; THENCE SOUTH
59°54'19" EAST, A DISTANCE OF 149.72 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF PROPOSED TRILBY ROAD, SAID POINT ALSO
BEING A POINT OF CURVATURE; THENCE ALONG SAID SOUTH RIGHT-
OF-WAY LINE THE FOLLOWING FOUR COURSES AND DISTANCES,456.98
FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS
OF 567.00 FEET AND AN INCLUDED ANGLE OF 460 10'40" SUBTENDED BY
A CHORD BEARING NORTH 51°1 F43"EAST,A DISTANCE OF 444.71 FEET
TO A POINT OF COMPOUND CURVATURE; THENCE 178.14 FEET ALONG
THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS IF 387.00 FEET
AND AN INCLUDED ANGLE OF 26022'23" SUBTENDED BY A CHORD
BEARING NORTH 87028'14" EAST, A DISTANCE OF 176.57 FEET TO A
POINT OF REVERSE CURVATURE; THENCE 84.81 FEET ALONG THE ARC
OF A CURVE TO THE LEFT, HAVING A RADIUS OF 431.00 FEET AND AN
INCLUDED ANGLE OF 11016'29" SUBTENDED BY A CHORD BEARING
SOUTH 84058'48" EAST, A DISTANCE OF 84.68 FEET; THENCE NORTH
89°22'57" EAST, A DISTANCE OF 231.59 FEET TO A POINT ON SAID
WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD(COUNTY ROAD 9);
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY AND PARALLEL WITH
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8,
NORTH 00000'02" EAST, A DISTANCE OF 891.48 FEET TO THE POINT OF
BEGINNING; CONTAINING 1,176,400 SQUARE FEET, OR 27.01 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 Kinard
Junior High School 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.
-2-
Introduced, considered favorably on first reading, and ordered published this 17th day of
April, A.D. 2007, and to be presented for final passage on the 1st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1 st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk
-3-
ORDINANCE NO. 060, 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 KINARD JUNIOR HIGH SCHOOL 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 Kinard Junior High School 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:
KNOW ALL MEN BY THESE PRESENTS THAT POUDRE SCHOOL DISTRICT,
BEING THE OWNER OF THAT PART OF THE NORTHEAST 1/4 OF SECTION
8, TOWNSHIP 6 NORTH, RANGE 68 WEST, LARIMER COUNTY,
COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,TO
WIT:
CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER OF
SECTION 8 AS BEARING NORTH 00000'02" EAST ALONG THE EAST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 8 BETWEEN A FOUND
3 1/4" ALUMINUM CAP, STAMPED "2001, JONES LS 22098" AT THE
NORTHEAST CORNER OF SAID SECTION 8,AND A#6 REBAR WITH 3 1/4"
ALUMINUM CAP STAMPED "2000,JONES LS 22098",AT THE SOUTHEAST
CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8,WITH ALL
BEARINGS HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH 1/16 CORNER OF SAID SECTION 8 AND
SECTION 9 TOWNSHIP 6 NORTH, RANGE 68 WEST; THENCE SOUTH
89022'57" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 30.00 FEET
TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD
(COUNTY ROAD 9),SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE SOUTH LINE OF THE NORTH HALF OF
THE NORTHEAST QUARTER OF SAID SECTION 8,SAID LINE ALSO BEING
THE SOUTH LINE OF THE HOMESTEAD P.U.D., RECORDED WITH THE
RECORDS OF LARIMER COUNTY AT RECEPTION NO. 93074452, SOUTH
89°22'57" WEST, A DISTANCE OF 503.80 FEET; THENCE 216.94 FEET
ALONG A NONTANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF
60.50 FEET AND AN INCLUDED ANGLE OF 205026'53" SUBTENDED BY A
CHORD BEARING SOUTH 89°22'57"WEST,A DISTANCE OF 118.03 FEET TO
A POINT ON SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINE
SOUTH 89022'57"WEST A DISTANCE OF 618.25 FEET; THENCE LEAVING
SAID SOUTH LINE SOUTH 00000'23"WEST,A DISTANCE OF 627.68 FEET TO
A POINT OF CURVATURE; THENCE 557.97 FEET ALONG THE ARC OF A
TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 520.00 FEET AND
AN INCLUDED ANGLE OF 61°28'46" SUBTENDED BY A CHORD BEARING
SOUTH 30044'00" EAST, A DISTANCE OF 531.59 FEET; THENCE SOUTH
59054'19" EAST,A DISTANCE OF 149.72 FEET TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF PROPOSED TRILBY ROAD, SAID POINT ALSO
BEING A POINT OF CURVATURE; THENCE ALONG SAID SOUTH RIGHT-
OF-WAY LINE THE FOLLOWING FOUR COURSES AND DISTANCES,456.98
FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS
OF 567.00 FEET AND AN INCLUDED ANGLE OF 46010'40" SUBTENDED BY
A CHORD BEARING NORTH 51 01 F43" EAST,A DISTANCE OF 444.71 FEET
TO A POINT OF COMPOUND CURVATURE; THENCE 178.14 FEET ALONG
THE ARC OF A CURVE TO THE RIGHT,HAVING A RADIUS IF 387.00 FEET
AND AN INCLUDED ANGLE OF 26022'23" SUBTENDED BY A CHORD
BEARING NORTH 87028'14" EAST, A DISTANCE OF 176.57 FEET TO A
POINT OF REVERSE CURVATURE;THENCE 84.81 FEET ALONG THE ARC
OF A CURVE TO THE LEFT, HAVING A RADIUS OF 431.00 FEET AND AN
INCLUDED ANGLE OF 11016'29" SUBTENDED BY A CHORD BEARING
SOUTH 84058'48" EAST, A DISTANCE OF 84.68 FEET; THENCE NORTH
89°22'57" EAST, A DISTANCE OF 231.59 FEET TO A POINT ON SAID
WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD(COUNTY ROAD 9);
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY AND PARALLEL WITH
THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8,
NORTH 00000'02" EAST, A DISTANCE OF 891.48 FEET TO THE POINT OF
BEGINNING; CONTAINING 1,176,400 SQUARE FEET, OR 27.01 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.
-2-
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 17th day of
April, A.D. 2007, and to be presented for final passage on the I st day of May, A.D. 2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the I st day of May, A.D. 2007.
Ma
yor
ATTEST:
City Clerk
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