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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/16/2007 - ITEMS PERTAINING TO THE LIBERTY FARMS ANNEXATION A ITEM NUMBER: 17 A-C AGENDA ITEM SUMMARY DATE: January 16, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items pertaining to the Liberty Farms Annexation and Zoning. RECOMMENDATION Staff recommends approval of the annexation and requested zoning of LMN-Low Density Mixed- Use Neighborhood. The Planning and Zoning Board voted 6-0 to recommend approval of the annexation;and,the Board voted 6-0 to 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 Distri ct. EXECUTIVE SUMMARY A. Resolution 2007-002 Setting Forth Findings of Fact and Determinations Regarding the Liberty Farms Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 008, 2007, Annexing Property Known as the Liberty Farms Annexation. C. Hearing and First Reading of Ordinance No. 009, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Liberty Farms Annexation to the City. This is a request to annex and zone 22.32 acres located on the east side of North Timberline Road at the Latimer&Weld Canal,approximately 1/4 to 1/3 mile north of East Vine Drive. The property contains two (2) existing single-family residences and agricultural land. It is in the FA -Farming District in Larimer County. 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 necessaryto place this property on the Residential Neighborhood Sign District Map. January 16, 2007 -2- Item No. 17 A-C APPLICANT: Vignette Studios c/o Don Tiller 144 North Mason Street, Suite 2 Fort Collins, CO. 80524 OWNER: Kevin W. Frazier and Michael P. O'Donnell 2121 Midpoint Drive, Suite 302 Fort Collins, CO. 80525 BACKGROUND The applicant/consultant,Vignette Studios(c/o Don Tiller),on behalf of the property owners,Kevin W. Frazier and Michael P. O'Donnell, has submitted a written petition requesting annexation of 22.32 acres located on the east side of North Timberline Road at the Larimer & Weld Canal, approximately 1/4 to 1/3 mile north of East Vine Drive. The property contains two (2) existing single-family residences and agricultural land. It is in the FA I -Farming District in Larimer County. The requested zoning for this annexation is LMN - Low Density Mixed-Use Neighborhood. The surrounding properties are currently zoned LMN - Low Density Mixed-Use Neighborhood and MMN - Medium Density Mixed-Use Neighborhood in the City to the north, LMN—Low Density Mixed-Use Neighborhood in the City to the west,FA 1 -Farming in Larimer County to the east,and FA - Farming in Larimer County to the south. 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 ofFort 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 East Vine Drive 7th Annexation (August, 1983) to the north and west. The surrounding zoning and land uses are as follows: N: LMN, MMN in the City of Fort Collins; existing single-family residence, undeveloped E: FA-1 in Latimer County; undeveloped S: FA-1 in Latimer County; existing single-family residential W: LMN in the City of Fort Collins; planned 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 that 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. 17 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 consistent with the policies and agreements between Larimer 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 — Low Density Mixed-Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive 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, at its regular monthly meeting of December 7, 2006, voted 6 - 0 to recommend approval of the annexation. The Board voted 6 - 0 to 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. cc MMN LMN E DR OUT I�ROPb S i LMN #31 -06 Liberty Farms Annexation & Zoning N 11/1/2006 1 Inch equals 600 feet A LIBERTY FARMS ANNEXATION TO THE CITY OF FORT COWNS A TRACT OF WIG LOCATED SI THE THE SOUTH""OYARTlII OF SECTION S. Towma N 7 NOETN,UK=SS SE'.ST OF THE STN FIGNCPAL NEpgAK COUNTY OF MNNNl,STATE OF CGLONAGO s-- i onwrrm.ffi..eer. i .Pn•�.x IwR.KrN[ar YNwsace> •ato.a t9Exn .rN �rwwlwM>KIwOIrRKwwM r.l ' �n- — — — — V— OH.Sn.--ary— —. — — — i r _�— a111EM.[1KM ! 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F �� ii 'xw2a rp�xn u.ccwP.rto 99Pf, � 4b _ ""a"�^n rKKIYn R.mswwwue rh[ 3P- - ] r. v PNL61l WIFN1Y 1R61f Y i111\4 MrEIGTMMI rone arvara.caun rww[xw�rr FOIIIr OF M1 ffi[ID�wmO.W.AKOxirR•xMa K1K .. _...I CO�NC� 1O'J�SY'GOI.9 aaf uv.w�w. a wrmwxans _ _- EAST VINE DRIVE RESOLUTION 2007-002 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE LIBERTY FARMS ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Liberty Farms 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 Liberty Farms 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 16th day of January, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 008, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE LIBERTY FARMS ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2206-115,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 TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 5 AS BEARING NORTH 00016'52" EAST AND WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, NORTH 00016'52"EAST A DISTANCE OF 1595.00 FEET TO THE SOUTHWEST CORNER OF THE DIX AMENDED PLAT AS RECORDED AT THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY AT RECEPTION NUMBER 2002030339, AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, AND THE WEST LINE OF SAID DIX AMENDED PLAT, NORTH 00016'52" EAST A DISTANCE OF 513.60 FEET TO THE NORTHWEST CORNER OF SAID DIX AMENDED PLAT; THENCE CONTINUING ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5, NORTH 00016'52" EAST A DISTANCE OF 95.63 FEET TO THE SOUTHERLY LINE OF THE EAST VINE DRIVE 7TH ANNEXATION TO THE CITY OF FORT COLLINS AS RECORDED AT THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY,AND NORTH RIGHT OF WAY LINE OF THE LARIMER & WELD CANAL AS SHOWN ON SAID EAST VINE DRIVE 7TH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, AND SAID SOUTHERLY ANNEXATION BOUNDARY LINE THE FOLLOWING EIGHT (8) COURSES: 1) NORTH 77013'37" EAST A DISTANCE OF 227.68 FEET; THENCE 2) NORTH 83015'38" EAST A DISTANCE OF 256.49 FEET; THENCE 3) SOUTH 87016'09" EAST A DISTANCE OF 54.42 FEET; THENCE 4) NORTH 79036'26" EAST A DISTANCE OF 86.45 FEET; THENCE 5) SOUTH 61°24'38" EAST A DISTANCE OF 386.54 FEET; THENCE 6) SOUTH 53048'20" EAST A DISTANCE OF 154.47 FEET; THENCE 7) SOUTH 62007'43" EAST A DISTANCE OF 117.20 FEET; THENCE 8) SOUTH 69029'26" EAST A DISTANCE OF 176.12 FEET; THENCE DEPARTING SAID SOUTHERLY PARCEL LINE SOUTH 26058'09" WEST A DISTANCE OF 77.59 FEET TO THE NORTHEAST CORNER OF SAID DIX AMENDED PLAT; THENCE ALONG THE EAST LINE OF SAID DIX AMENDED PLAT SOUTH 26058'09" WEST A DISTANCE OF 702.53 FEET; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID DIX AMENDED PLAT THE FOLLOWING FOUR (4) COURSES: 1) NORTH 58°16'08" WEST A DISTANCE OF 140.30 FEET; THENCE 2) NORTH 67042'08" WEST A DISTANCE OF 234.20 FEET; THENCE 3) NORTH 76051'08" WEST A DISTANCE OF 373.00 FEET; THENCE 4) NORTH 65014'08" WEST A DISTANCE OF 329.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 22.32 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 Liberty Farms 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 16th day of January, A.D. 2007, and to be presented for final passage on the 6th 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 -3- ORDINANCE NO. 009, 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 LIBERTY FARMS 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 Liberty Farms 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 TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF LARIMER, STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 5 AS BEARING NORTH 00016'52" EAST AND WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5, THENCE ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, NORTH 000 16'52"EAST A DISTANCE OF 1595.00 FEET TO THE SOUTHWEST CORNER OF THE DIX AMENDED PLAT AS RECORDED AT THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY AT RECEPTION NUMBER 2002030339, AND THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, AND THE WEST LINE OF SAID DIX AMENDED PLAT, NORTH 00016'52" EAST A DISTANCE OF 513.60 FEET TO THE NORTHWEST CORNER OF SAID DIX AMENDED PLAT; THENCE CONTINUING ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5, NORTH 00016'52" EAST A DISTANCE OF 95.63 FEET TO THE SOUTHERLY LINE OF THE EAST VINE DRIVE 7TH ANNEXATION TO THE CITY OF FORT COLLINS AS RECORDED AT THE CLERK AND RECORDERS OFFICE OF LARIMER COUNTY,AND NORTH RIGHT OF WAY LINE OF THE LARIMER & WELD CANAL AS SHOWN ON SAID EAST VINE DRIVE 7TH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, AND SAID SOUTHERLY ANNEXATION BOUNDARY LINE THE FOLLOWING EIGHT (8) COURSES: 1) NORTH 77013'37" EAST A DISTANCE OF 227.68 FEET; THENCE 2) NORTH 83°15'38" EAST A DISTANCE OF 256.49 FEET; THENCE 3) SOUTH 870 16'09" EAST A DISTANCE OF 54.42 FEET; THENCE 4) NORTH 79036'26" EAST A DISTANCE OF 86.45 FEET; THENCE 5) SOUTH 61024'38" EAST A DISTANCE OF 386.54 FEET; THENCE 6) SOUTH 53048'20" EAST A DISTANCE OF 154.47 FEET; THENCE 7) SOUTH 6200743" EAST A DISTANCE OF 117.20 FEET; THENCE 8) SOUTH 69029'26" EAST A DISTANCE OF 176.12 FEET; THENCE DEPARTING SAID SOUTHERLY PARCEL LINE SOUTH 26058'09" WEST A DISTANCE OF 77.59 FEET TO THE NORTHEAST CORNER OF SAID DIX AMENDED PLAT; THENCE ALONG THE EAST LINE OF SAID DIX AMENDED PLAT SOUTH 26058'09" WEST A DISTANCE OF 702.53 FEET; THENCE CONTINUING ALONG THE SOUTH LINE OF SAID DIX AMENDED PLAT THE FOLLOWING FOUR (4) COURSES: 1) NORTH 58016'08" WEST A DISTANCE OF 140.30 FEET; THENCE 2) NORTH 67042'08" WEST A DISTANCE OF 234.20 FEET; THENCE 3) NORTH 76051'08" WEST A DISTANCE OF 373.00 FEET; THENCE 4) NORTH 65°14'08" WEST A DISTANCE OF 329.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 22.32 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 CityManager 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 the 6th day of February, A.D. 2007. ATTEST: Mayor City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2007. Mayor ATTEST: City Clerk