HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2003 - ITEMS RELATING TO THE SOUTH TAFT HILL SEVENTH ANNE AGENDA ITEM SUMMARY ITEM NUMBER: 8 A-B
DATE: March 18, 2003
FORT COLLINS CITY COUNCIL FROM:
Cameron Gloss
SUBJECT :
Items Relating to the South Taft Hill Seventh Annexation and Zoning.
RECOMMENDATION:
Staff recommends adoption of the Ordinances on Second Reading.
EXECUTIVE SUMMARY:
A. Second Reading of rdinance No. 030, 2003, Annexing Property Known as the South Taft
Hill Seventh Annexation.
B. Second Reading of Ordinance No. 031, 2003, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in South
Taft Hill Seventh Annexation.
On February 18, 2003, Council unanimously adopted Resolution 2003-023 Setting Forth
Findings of Fact and Determinations Regarding the South Taft Hill Seventh Annexation.
On February 18, 2003, Council also unanimously adopted on First Reading Ordinance No. 030
and Ordinance No. 031, 2003, annexing and zoning the property known as the South Taft Hill
Seventh Annexation. This is an involuntary annexation and zoning of an enclave area
approximately 220 acres in size, generally located south of West Drake Road, lying to the west
and east of South Taft Hill Road, and including the South Taft Hill Road right-of-way.
Because the local newspaper failed to publish Ordinance No. 030, 2003, at least 7 days prior to
Second Reading, as required by the Charter, consideration of these two ordinances on Second
Reading was postponed to this date.
At the time of the hearing on First Reading of the annexation ordinance some persons affected
by the annexation expressed their concerns about provisions in the animal code of the City which
limits the number of horses that a person may keep. In response to that concern, a new Section 5
has been added to the annexation ordinance to permit a person to keep the same number of
horses on a parcel of property as were kept there as of the effective date of the annexation.
AGENDA ITEM SUMMARY ITEM NUMBER: 31 A-C
FORT COLLINS CITY COUNCIL DATE: February 18, 2003
FROM: Cameron Gloss
SUBJECT :
Items Relating to the South Taft Hill Seventh Annexation and Zoning.
RECOMMENDATION: - ; Tr
Staff recommends adoption of the Resolution acid of the Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 2003-023 Setting Fort Findings of Fact and Determinations Regarding the
South Taft Hill Seventh Annexation.
B. First Reading of Ordinance No. 030, 2003,Annexing=Property Known as the South Taft
Hill Seventh Annexation.
C. First Reading of Ordinance No. 031, 2003, Amending the Zoning District Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in South
Taft Hill Seventh Annexation.
This is an involuntary annexation and zoning of an enclave area approximately 220 acres in size,
generally located south of West Drake Road, lying to the west and east of South Taft Hill Road,
and including the South Taft Hill Road right-of-way (see attached vicinity map). The annexation
application complies with the applicable state law, the Intergovernmental Agreement between
Fort Collins and Larimer County and the ppl cable criteriL*n the Fort Collins Land Use Code.
The area is partially developed and partially undeveloped an'd in the FA-1 Farming District
(north of Falcon Drive), and R�Residential Dis ricii(south of F'alcon Drive) in Larimer County.
The recommended zoning is the" UE-Urban Estate and LMN-Low-Density Mixed Use
Neighborhood Districts.
APPLICANT City of Fort Collins
OWNERS: 91 Individual Property Owners
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DATE: a ruary 18, 2003 2
ITEM NUMBER:
BACKGROUND:
The surrounding zoning and land uses as follows:
N: R-L Low Density Residential District — existing single family residential
NC Neighborhood Commercial —Drake Crossing Shopping Center
MMN— Medium Density Mixed Use Neighborhood—vacant, recently rezoned
POL Public Open Lands—City-owned Spring Creek detention area
S: R-L —existing single family residential
E: R-L— existing single family residential
LMN — Low Density-Mixed LJse- ci borbood — vacant, existing single family
residential s( � + "
W: POL Public Open Lands— Cottonwood,Glen ark and'Southwest Community Park
R-L— existing single family residential -- -
The South Taft Hill Seventh Annexation consists of approximately 220.22 acres of publicly and
privately owned property. The recommended zoning is a combination of the LMN — Low-
Density Mixed Use Neighborhood district, and the UE—Urban Estate district.
The annexation area is located entirely within the Fort Collins Growth Management Area
(GMA).
Enclave areas become eligible for annexation when they have,been completely surrounded by
properties that have been within the Ciiy limitsf orlat,least three years. The area to be annexed
has been an enclave for at least,three years and is therefore, eligible for annexation. Eligibility
was created three years after the date of the Pine Ridge Fourth Annexation, which occurred on
March 17, 1998.
When property is annexed, property taxes are adjusted by adding the City's mill levy and
removing the Poudre Fire Authority's mill levy. Purchases made by those residing within the
annexation area would now be subject to City sales tax. Storm drainage fees would be assessed
for annexed properties.
There are several advantages to`the"City�-and'ar�a ZI is to annex enclave areas. First, is the
desirability to consolidate the rovisiortOf public safetyservices'. While fire service is provided
by Poudre Fire Authority in both the elclaverea and the City, police services are not. The
second issue is the ability to avoid`confusion among the property owners, surrounding property
owners and the City or County. Probably the biggest issue here relates to the provision of public
safety services and enforcement of zoning and nuisance ordinances. People often don't realize
that they are actually located in the County when they are surrounded by land within the City.
The third issue pertains to the likelihood of development occurring under County regulations
instead of the City's. The intergovernmental agreement between the City of Fort Collins and
Larimer County only applies to those land use decisions requiring an action by the Board of
County Commissioners. Lastly, residents of an annexed area will be able to increase their official
participation in City government. Presently, County residents can only voice their opinions at public
hearings. After annexation,these residents can vote in scheduled and special City elections, thereby
having a political voice in important decisions made by the City which affect them.
DATE: e mary I h, 2UO3 J
ITEM NUMBER:
Several issues regarding the impacts of annexation surfaced during discussions with property
owners and at the Planning and Zoning Board hearing. Detailed responses to most questions are
summarized in the Neighborhood Meeting Summary and Most Commonly Asked Questions
attachments to the Planning and Zoning Board staff report. While most issues involved are
similar to other annexations, one was unique to this area:
• Potential, future connection of Moore Lane. Moore Lane presently
terminates in a cul-de-sac north of the Spring Creek channel and a dead-
end street south of Spring Creek. Future development occurring west of
South Taft Hill Road may trigger connection of this roadway, include a
bridge over Spring,CreIek,n-order to,meet the Cityfs Level of Service and
street connectivity standards. If* aj development occurs west of South
Taft Hill Road�-and south of the Spnng Creek channel, a full range of
transportation improvements must be builtby the developer that meet the
City's transportation Level of Service and design standards. Residents
have expressed concern that this connection will increase traffic speeds,
have adverse environmental impacts to Spring Creek, and reduce
neighborhood livability.
No development is proposed at this time that would trigger the extension of Moore Lane.
Citizens have expressed interest in approaching-City,Council about placing a restriction on a
future Moore Lane extension as part of the annexation ordinance. Staff has made it clear in the
public record, that an annexation condition mad the present'City Council would not bind the
action of a future City Councif with respect to this issue.
Impact on the City of Fort Collins and other agencies of change in provision of infrastructure
and services.
Certain services to residents in the annexation area will not change as a result of the annexation.
With respect to water 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 tto 66:svchool distiibf'since schools are provided through
the Poudre R-1 School District both before After, annexation. Water mains are in place
sufficient to provide the typical level of urban services tc al3argely residential area. Both the
Fort Collins/Loveland Water District and the Cityof Fort Collins have existing water lines in the
area and will continue their responsibility to maintain them.
In the areas of law enforcement; planning, building and engineering; streets; stormwater; parks
and recreation and general government administration, annexation would result in the shift in
responsibility primarily from Latimer County to the City the Fort Collins. What follows is a
discussion of possible impacts of this shift in these areas. Estimates of the possible costs in these
areas which could result from annexation, stemming from needed equipment and personnel, and
the type and number of employees needed to extend the current level of services to this area are
included in the Costs and Revenues Matrix (see attached). 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, size of population, lane miles of streets,
and acres of parkland.
DATE: e ruary 16, YVU.J 4
ITEM NUMBER:
Law Enforcement
Shifting law enforcement responsibilities from Latimer 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.
Planning, Building and Engineering
With annexation, the City will assume responsibility for the review of development proposals,
including overall development plans pr�pject deveop en%planp;and subdivisions; variances;
stockpiling permits; sign and grading germits re ew ofbuilding plans, issuance of building
permits and building inspections. The amount of activity is expected to be minor, given that the
area is largely developed and that there are-limitations to future development based on present
infrastructure. Most of the planning, engineering and building plan review, permit and
inspection activity will most likely be associated with small-scale land development
applications, house additions and remodeling, and property improvements. The City will also
assume responsibility for code enforcement, i.e. handling complaints about zoning, building,
grading, sign violations, and nuisances.
Streets
Capital Improvements A
As part of the "Building Commumty''Choces _Program", the City of Fort Collins recently
completed a major widening of South Taft Hill Road bisecting the annexation area. Included
within this estimated $9 million project is the creation of an 81 acre-foot Regional Detention
Pond, an extension to the Spring Creek trail (including an underpass), the undergrounding of
overhead powerlines, and construction of a 12" waterline.
No other capital projects listed within the adopted Capital Improvement Plan (CIP) are identified
for future construction within the annexation area, although an extension of West Swallow Road,
a collector road, is shown on the Master Street Plan. West Swallow presently dead-ends
approximately one-quarter mille'easf'§f So th'Taft" Iillpoa Staff anticipates that continuation
IrN
of West Swallow to South Taft Hill R ad woud b c nstructeii as a condition of development
approval and that the street oversizingrogratrg c uld potentially contribute to a portion of the
street improvement. I'�
No other street improvements would be constructed by the City. As the annexed area develops
or redevelops, developers will be required to construct or upgrade affected streets to the City's
street design standards for safety and maintenance purposes. These standards include street
paving installation requirements, and the provision of curbs, gutters, sidewalks and streetlights.
Maintenance and Operations
With the shift of responsibility from Latimer 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 City's street design standards. The City will
provide the same level of service as the County provided prior to annexation. This usually
DATE: e ruary 18, 2OU3 ITEM NUMBER:
includes minor surface maintenance like cracksealing and the filling of potholes, but does not
include asphalt overlays nor street reconstruction at the City's expense. In some cases the streets
are privately maintained, that is they are the responsibility of a Homeowner's Association, by
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 City standards.
Parks and Recreation
The City has made significant investments in three parks that directly serve this area, as well as
the Spring Creek regional trail. The existing Rossborough and Cottonwood Glen neighborhood
parks provide service to neighborhoods lying go t}t�e east and west of South Taft Hill Road. By
2006, improvements to Cottonwood Community Park,Abut2 g the west side of the annexation
area, will be completed. As mentioned;l,an extgnston of the Spring Creek Trail, consisting of a
concrete trail from Drake Road west and connecting to the existing trail near the Hampshire
Pond subdivision, was recently constructed, including a box culvert underpass allows a grade
separated crossing at South Taft Hill Road.
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 and has a relatively small
population.
Costs and Revenues to the City, x ,�
Based on direction received from City Council on August 28 and September 25, 2001, staff has
completed an assessment of potential costs and revenues associated with the annexation. The
attached document, the South Taft Hill Seventh Enclave Annexation Cost and Revenues Matrix,
has been prepared from existing and available information provided by City departments and
other service agencies based on their understanding 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. Staff completed an assessment of
costs and revenues associatedawtiti''exishng'condtttons,a§=wellyas those related to a potential,
future development scenario under the prop sedl zoning designations and Land Use Code
regulations. (Note that no cost/revenuesummary figures areshown on the "buildout" scenario
due to the lack of information about the rate at which'revenues increase.)
The bottom line appears that the present cost to provide services to the annexation area, in a
manner meeting the City's adopted standards, slightly exceeds the revenues that the City will
take in as a result of the annexation. Property tax revenues, assessment in stormwater fees, and
additional sales and use taxes, are estimated to be slightly less than the increased City costs to
provide police service and street maintenance.
The Planning and Zoning Board Hearing
The Planning and Zoning Board considered the South Taft Hill 7th Annexation at its January 16,
2003 meeting. The Board voted unanimously (5-0, Colton and Craig absent) to recommend that
DATE: e ruary 18, 2UO3 6 ITEM NUMBER:
City Council approve the annexation request as recommended by staff and that the properties be
placed in the residential sign district.
This agenda item summary includes the following attachments:
1. Vicinity maps
2. Proposed zoning map
3. Annexation Plat (reduced copy)
4. January 16, 2003 Planning and Zoning Board packet
5. Attendance Sheets for the November 7, 2002 Neighborhood Meeting
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• ORDINANCE NO. 030, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
SOUTH TAFT HILL SEVENTH ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2003-002, stating the intent of the City of Fort Collins to annex
certain property and initiating annexation proceedings, has heretofore been adopted; and
WHEREAS, the Council of the City of Fort Collins 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 SITUATE IN THE NORTHWEST 1/4 OF SECTION 27 AND
EAST '/2 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF
COLORADO, CONSIDERING THE EAST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 28 AS BEARING N 00° 00' 22" E WITH ALL
BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE
BOUNDARY LINE WHICH BEGINS AT THE SOUTH 1/16TH CORNER OF
SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION;
THENCE, N 00° 00' 22" E 421.26 FEET ON AND ALONG SAID EASTERLY
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO A POINT OF
INTERSECTION WITH THE SOUTHERLY LINE OF THE SPRUCE HOMES
ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE
WESTERLY LINE OF THE TREND HOMES 2ND ANNEXATION TO THE CITY
OF FORT COLLINS;
THENCE, S 89° 02' 55" W 213.38 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE, N 00' 53' 23" E
245.29 FEET ON AND ALONG THE WESTERLY LINE OF SAID SPRUCE
HOMES ANNEXATION; THENCE N 89° 14' 28" E 217.21 FEET ON AND
ALONG THE NORTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION
TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 28;
THENCE, N 00° 00' 22" E 667.88 FEET ON AND ALONG SAID EASTERLY
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO THE EAST
QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE WESTERLY
LINE OF THE TREND HOMES 2`'7D ANNEXATION, AND A POINT OF
INTERSECTION WITH THE SOUTHERLY LINE OF THE TEMPLE
ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE
WESTERLY LINE OF THE TREND HOMES 2"D ANNEXATION;
THENCE, N 00° OF 16" E 209.98 FEET ON AND ALONG THE EASTERLY
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING
THE WESTERLY LINE OF SAID TEMPLE ANNEXATION;THENCE,S 89°32'
05" E 596.01 FEET LEAVING SAID SECTION 28 ON AND ALONG THE
NORTHERLY LINE OF SAID TEMPLE ANNEXATION;THENCE,S 17°37'48"
E 12.62 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE
ANNEXATION;THENCE,S 89° 32'08"E 500.22 FEET ON AND ALONG THE
NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 00' 02'
12" W 198.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID
TEMPLE ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27;
THENCE,S 89° 32'07"E 220.42 FEET ON AND ALONG THE SOUTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE
NORTHERLY LINE OF SAID TREND HOMES 2"D ANNEXATION;
THENCE,N 00' 02'45"E 415.76 FEET ON AND ALONG THE EAST LINE OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 27, ALSO BEING THE WESTERLY LINE OF THE VILLAGE
SQUARE ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 89° 25' 16" W 322.76 FEET ON AND ALONG THE SOUTH LINE
OF THE HULL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,
N 000 02' 45" E 1100.58 FEET ON AND ALONG THE WESTERLY LINE OF
SAID HULL ANNEXATION TO A POINT OF INTERSECTION WITH THE
NORTHERLY RIGHT-OF WAY LINE HULL STREET;
THENCE,N 890 24'34" W 645.84 FEET ON AND ALONG THE NORTHERLY
RIGHT-OF WAY LINE OF SAID HULL STREET, ALSO BEING THE
SOUTHERLY LINE OF THE SPRINGBROOK TWO ANNEXATION TO THE
CITY OF FORT COLLINS;
THENCE,N 89° 24'34" W 352.50 FEET ON AND ALONG THE NORTHERLY
RIGHT-OF WAY LINE OF SAID HULL STREET, ALSO BEING THE
SOUTHERLY LINE OF THE SPRINGBROOK ANNEXATION TO THE CITY
OF FORT COLLINS,TO A POINT OF INTERSECTION WITH THE EAST LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 28;THENCE,N 00' 0 F
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•. 16" E 213.20 FEET ON AND ALONG THE EAST LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF
SAID SPRINGBROOK ANNEXATION;
THENCE, S 880 4F 51" W 230.00 FEET ON AND ALONG THE SOUTHERLY
LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE,S 00°01' 16"W 57.22 FEET ON AND ALONG THE EASTERLY LINE
OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT
COLLINS; THENCE, N 89°16' 00" W 1235.54 FEET ON AND ALONG THE
SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION;THENCE,
N 000 49' 22" W 448.14 FEET ON AND ALONG THE WESTERLY LINE OF
SAID WEST DRAKE ROAD ANNEXATION;
THENCE, S 88° 41' 59" W 98.19 FEET ON AND ALONG THE SOUTHERLY
LINE OF THE KIEFT ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 02° 25' 52" W 34.29 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID KIEFT ANNEXATION;THENCE,S 88° 41'48"W 135.82 FEET
ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION;
THENCE, N 48° 33' 09" W 89.13 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID KIEFT ANNEXATION;THENCE, N 05° 59' 13" E 403.24 FEET
ON AND ALONG THE WESTERLY LINE OF SAID KIEFT ANNEXATION;
THENCE, S 88° 41' 51" W 475.05 FEET ON AND ALONG THE NORTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE
SOUTHERLY LINE OF THE BROWN FARM ANNEXATION TO THE CITY OF
FORT COLLINS;
THENCE,S 00° 13'31"E 630.80 FEET ON AND ALONG THE EASTERLY LINE
OF THE MANION ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 88° 24' 03" E 217.86 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID MANION ANNEXATION; THENCE, S 00' 13' 31" E 695.89
FEET ON AND ALONG THE EASTERLY LINE OF SAID MANION
ANNEXATION;THENCE,S 88° 51' 19"W 641.13 FEET ON AND ALONG THE
SOUTHERLY LINE OF SAID MANION ANNEXATION;
THENCE, S 00° 12' 10" W 1323.98 FEET ON AND ALONG THE WEST LINE
OF THE NORTHEAST QUARTER TO THE CENTER QUARTER CORNER OF
SAID SECTION 28, ALSO BEING THE EASTERLY LINE OF THE QUAIL
HOLLOW FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, S 00° 15' 45" W 1326.83 FEET ON AND ALONG THE WEST LINE
OF SAID SOUTHEAST QUARTER TO THE SOUTH 16TH CORNER OF SAID
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SECTION 28, ALSO BEING THE EASTERLY LINE OF THE PINERIDGE
FOURTH ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 89°
09' 50" E 658.80 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH
1/2 OF THE SOUTHEAST QUARTER TO THE CENTER WEST SOUTHEAST
1/64 CORNER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE
OF SAID PINERIDGE FOURTH ANNEXATION;
THENCE,N 89° 09' 50" E 1976.40 FEET ON AND ALONG THE SOUTH LINE
OF THE NORTH '/2 OF THE SOUTHEAST QUARTER OF SAID SECTION 28,
ALSO BEING THE NORTHERLY LINE OF THE KEN-MARK ANNEXATION
TO THE CITY OF FORT COLLINS TO THE SOUTH 1/16TH CORNER OF SAID
SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION,
CONTAINING 220.22 ACRES MORE OR LESS.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the South Taft Hill Seventh Annexation.
Section 2. That,with regard to Moore Lane,which is partially located within the subject
property of this annexation,the City Council has no present intention of extending such street across
Spring Creek, since the City's level of service standards for the circulation of traffic are currently
being met within the subject property and the adjacent area and do not justify such extension at this
time.
Section 3. 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 4. 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.
Section 5. That notwithstanding the provisions contained in Section 4-72 of the City
Code, any property contained within this annexation shall be permitted to maintain, as a
nonconforming use,the same number of horses on a parcel of property as were maintained on such
parcel as of the effective date of this annexation,subject to the provisions of Section 4-95 of the City
Code and any other state or local laws or regulations pertaining to the keeping,care and/or treatment
of animals. All provisions of Division 1.5 of the Land Use Code shall govern any such
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nonconforming use, including, without limitation, the abandonment, change, and expansion
provisions.
Introduced, considered favorably on first reading, and ordered published this 18th day of
February, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
5
• ORDINANCE NO. 031, 2003
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 SOUTH TAFT HILL SEVENTH 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 2.8 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 amended by including the three
parcels of property referenced below as Parcels "A", "B" and "C", known collectively as the "South
Taft Hill Seventh Annexation to the City of Fort Collins,Colorado",and by placing such parcels into
the Urban Estate (UE) Zone District and the Low-Density Mixed Use Neighborhood (LMN) Zone
District as follows:
PARCEL "A" - TO BE PLACED INTO THE URBAN ESTATE (UE) DISTRICT:
A TRACT OF LAND SITUATE IN THE EAST '/2 OF SECTION 28,TOWNSHIP
7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF LARIMER,STATE OF COLORADO,CONSIDERING THE EAST
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 AS BEARING
N 000 00' 22" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS
CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE
SOUTH 1/16TH CORNER OF SECTIONS 27 AND 28, THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION;
THENCE, N 00° 00' 22" E 421.26 FEET ON AND ALONG SAID EASTERLY
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO A POINT OF
INTERSECTION WITH THE SOUTHERLY LINE OF THE SPRUCE HOMES
ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE
• WESTERLY LINE OF THE TREND HOMES 2ND ANNEXATION TO THE CITY
OF FORT COLLINS;
THENCE, S 89° 02' 55" W 213.38 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE, N 00° 53' 23" E
245.29 FEET ON AND ALONG THE WESTERLY LINE OF SAID SPRUCE
HOMES ANNEXATION; THENCE N 89° 14' 28" E 217.21 FEET ON AND
ALONG THE NORTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION
TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 28;
THENCE, N 00° 00' 22" E 667.88 FEET ON AND ALONG SAID EASTERLY
LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO THE EAST
QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE WESTERLY
LINE OF THE TREND HOMES 2ND ANNEXATION, AND A POINT OF
INTERSECTION WITH THE SOUTHERLY LINE OF THE TEMPLE
ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE
WESTERLY LINE OF THE TREND HOMES 2ND ANNEXATION;
THENCE, N 00° 01' 16" E 1732.66 FEET ON AND ALONG THE EASTERLY
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28;
THENCE, S 88° 41' S1" W 230.00 FEET ON AND ALONG THE SOUTHERLY
LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE,S 00-01' 16"W 57.22 FEET ON AND ALONG THE EASTERLY LINE
OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT
COLLINS; THENCE, N 89°16' 00" W 1230.77 FEET ON AND ALONG THE
SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION;
THENCE,S 00° 11'49"E 391.04 FEET;THENCE, S 89° 38'S3"W 524.65 FEET
TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE
MANION ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, S 88° 51' 19" W 641.13 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID MANION ANNEXATION;
THENCE, S 000 12' 10" W 1323.98 FEET ON AND ALONG THE WEST LINE
OF THE NORTHEAST QUARTER TO THE CENTER QUARTER CORNER OF
SAID SECTION 28, ALSO BEING THE EASTERLY LINE OF THE QUAIL
HOLLOW FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE,S 00° 15'45"W 1326.83 FEET ON AND ALONG THE WEST LINE OF
SAID SOUTHEAST QUARTER TO THE SOUTH 16TH CORNER OF SAID
SECTION 28, ALSO BEING THE EASTERLY LINE OF THE PINERIDGE
FOURTH ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 89°
09' S0" E 658.80 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH
1/2 OF THE SOUTHEAST QUARTER TO THE CENTER WEST SOUTHEAST
1/64 CORNER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE
OF SAID PINERIDGE FOURTH ANNEXATION;
THENCE,N 89° 09' 50" E 1976.40 FEET ON AND ALONG THE SOUTH LINE
OF THE NORTH '/z OF THE SOUTHEAST QUARTER OF SAID SECTION 28,
ALSO BEING THE NORTHERLY LINE OF THE KEN-MARK ANNEXATION
TO THE CITY OF FORT COLLINS TO THE SOUTH 1/16TH CORNER OF SAID
SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION;
CONTAINING 171.56 ACRES MORE OR LESS.
PARCEL "B" - TO BE PLACED INTO THE LOW-DENSITY MIXED USE
NEIGHBORHOOD (LMN) ZONE DISTRICT:
A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 27 ,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN,COUNTY OFT.ARIMFR,STATE OF COLORADO,CONSIDERING
THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27 AS
BEARING N 000 01' 16" E WITH ALL BEARINGS HEREIN RELATIVE
THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS
• AT THE WEST 1/4TH CORNER OF SECTIONS 27;
THENCE, N 000 01' 16" E 209.98 FEET ON AND ALONG THE WESTERLY
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27,ALSO BEING
THE WESTERLY LINE OF THE TEMPLE ANNEXATION TO THE CITY OF
FORT COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION;
THENCE, S 89' 32'05"E 596.01 FEET LEAVING SAID SECTION 28 ON AND
ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION;
THENCE, S 17° 37' 48" E 12.62 FEET ON AND ALONG THE NORTHERLY
LINE OF SAID TEMPLE ANNEXATION; THENCE, S 89' 32' 08" E 500.22
FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE
ANNEXATION;THENCE, S 00°02' 12"W 198.00 FEET ON AND ALONG THE
EASTERLY LINE OF SAID TEMPLE ANNEXATION TO A POINT OF
INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 27;
THENCE,S 89° 32'07"E 220.42 FEET ON AND ALONG THE SOUTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE
NORTHERLY LINE OF SAID TREND HOMES 2ND ANNEXATION;
THENCE,N 00° 02'45" E 415.76 FEET ON AND ALONG THE EAST LINE OF
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 27, ALSO BEING THE WESTERLY LINE OF THE VILLAGE
SQUARE ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 89° 25' 16" W 322.76 FEET ON AND ALONG THE SOUTH LINE
OF THE HULL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE,
N 000 02' 45" E 1100.58 FEET ON AND ALONG THE WESTERLY LINE OF
SAID HULL ANNEXATION TO A POINT OF INTERSECTION WITH THE
NORTHERLY RIGHT-OF WAY LINE HULL STREET;
THENCE,N 89° 24'34" W 645.84 FEET ON AND ALONG THE NORTHERLY
RIGHT-OF WAY LINE OF SAID HULL STREET, ALSO BEING THE
SOUTHERLY LINE OF THE SPRINGBROOK TWO ANNEXATION TO THE
CITY OF FORT COLLINS;
THENCE,N 89° 24'34"W 352.50 FEET ON AND ALONG THE NORTHERLY
RIGHT-OF WAY LINE OF SAID HULL STREET, ALSO BEING THE
SOUTHERLY LINE OF THE SPRINGBROOK ANNEXATION TO THE CITY
OF FORT COLUNS,TO A POINT OF INTERSECTION WITH THE WEST LINE
OF THE NORTHWEST QUARTER OF SAID SECTION 28;THENCE, S 00° 01'
16" W 1309.48 FEET ON AND ALONG SAID WEST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 27 TO THE TRUE POINT OF
BEGINNING FOR THIS DESCRIPTION:
CONTAINING 32.69 ACRES MORE OR LESS.
PARCEL "C" - TO BE PLACED INTO THE LOW-DENSITY MIXED USE
NEIGHBORHOOD (LMN) ZONE DISTRICT:
A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 28,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN,COUNTY OF LARDvIER,STATE OF COLORADO,CONSIDERING
THE EAST LINE OF THE NORTH EAST QUARTER OF SAID SECTION 28 AS
BEARING N 000 01' 16" E WITH ALL BEARINGS HEREIN RELATIVE
THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS
AT THE EAST 1/4 CORNER OF SECTION 28,_
THENCE, N 00° 01' 16" E 1732.66 FEET ON AND ALONG SAID EASTERLY
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28;
THENCE, S 88° 41' 51" W 230.00 FEET ON AND ALONG THE SOUTHERLY
LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE,S 00°01' 16"W 57.22 FEET ON AND ALONG THE EASTERLY LINE
OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT
COLLINS; THENCE, N 89°16' 00" W 1230.77 FEET ON AND ALONG THE
SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION TO THE
TRUE POINT OF BEGINNING FOR THIS DESCRIPTION ;
THENCE,N 89°16'00"W 4.77 FEET ON AND ALONG THE SOUTHERLY LINE
OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, N 00' 49' 22" W
448.14 FEET ON AND ALONG THE WESTERLY LINE OF SAID WEST DRAKE
ROAD ANNEXATION;
THENCE, S 88° 41' 59" W 98.19 FEET ON AND ALONG THE SOUTHERLY
LINE OF THE KIEFT ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 02° 25' 52" W 34.29 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID KIEFT ANNEXATION;THENCE,S 88° 41'48" W 135.82 FEET
ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION;
THENCE, N 48° 33' 09" W 89.13 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID KIEFT ANNEXATION;THENCE,N 05° 59' 13" E 403.24 FEET
ON AND ALONG THE WESTERLY LINE OF SAID KIEFT ANNEXATION;
THENCE, S 88° 41' 51" W 475.05 FEET ON AND ALONG THE NORTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE
SOUTHERLY LINE OF THE BROWN FARM ANNEXATION TO THE CITY OF
FORT COLLNS;
. THENCE,S 00° 13'31"E 630.80 FEET ON AND ALONG THE EASTERLY LINE
OF THE MANION ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 880 24' 03" E 217.86 FEET ON AND ALONG THE SOUTHERLY
LINE OF SAID MANION ANNEXATION; THENCE, S 00' 13' 31" E 695.89
FEET ON AND ALONG THE EASTERLY LINE OF SAID MANION
ANNEXATION;THENCE,S 88° 51' 19"W 641.13 FEET ON AND ALONG THE
SOUTHERLY LINE OF SAID MANION ANNEXATION;
THENCE, S 89° 38' 53" W 524.65 FEET; THENCE, N 00' 11' 49" W 391.04
FEET ON AND A POINT OFINTERSECTION WITH THE SOUTHERLY LINE
OF SAID WEST DRAKE ROAD ANNEXATION AND TO THE TRUE POINT
OF BEGINNING FOR THIS DESCRIPTION ;
CONTAINING 15.97 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 be, and the same hereby is,changed and amended by showing
that the above-described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Engineer 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 18th day of
February, A.D. 2003, and to be presented for final passage own the 18th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of March, A.D. 2002.
Mayor
ATTEST:
City Clerk
LETTER OF RECORD RECEIVED
26 February, 2003
This is a letter of record pertaining to: RRFNrpZANNfNG
First Reading of Ordinance No. 031, 2003. Amending the zoning District Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in South Taft Hill Seventh
Annexation. This is an involuntary annexation and zoning of an enclave area approximately
220 acres in size, generally located south of West Drake Road, lying to the west and east of
South Taft Hill Road, and including the South Taft Hill Road right-of-way (see attached vicinity
map). The annexation application complies with the applicable state law, the Intergovernmen-
tal Agreement between Fort Collins and Larimer 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 (north of Falcon Drive), and R Residential District (south of Falcon Drive) in
Larimer County. The recommended zoning is the UE-Urban Estate and LMN-Low-Density
Mixed Use Neighborhood Districts.
This Ordinance was given first reading February 18" by Fort Collins City Coun-
cil and approved.
A misperception seems to have occurred in the annexation process. The per-
ception the public has received is that the annexation of this parcel is man-
dated. Annexation itself is not mandated by any State, County, or local law.
At the presentation given to City Council February 18 it was made abundantly
clear that annexation is not mandated and no timetable for annexation exists in
any of the wording relating to this process. What is stated in the Intergovem-
mental Agreement is that the City "shall pursue" annexation. What is not stated,
but is generally assumed, is that reasons exist that would be beneficial, both to
the City and to the annexed site. This does not seem valid in this situation as
no one is seeking annexation and the revenue impact to the City will be nega-
tive.
I am certain the City of Fort Collins has followed procedure in every attempt to
see that due process of law has been observed. However, when a general
misunderstanding of the annexation process exists among those affected by
this action, would it not be wise to clarify the facts?
It would seem reasonable also to expect that property owners directly con-
cemed with this annexation would have been notified of the dates of first and
second reading and adoption of the ordinance. Individuals I talked to within
the annexation either were not notified or had the impression that their input
had no value.
I looked on the City of Fort Collins web page for a copy of the resolution 2003-
• 023, Finding of Facts, and the Ordinance No.030, 2003 and N6.031, 2003 re-
t
3
2
lating to annexation. None came up through the search. Should these not be
available upon request?
Council members gave the impression that this enclave is surrounded by de-
veloped areas. This is definitely not the case and.will probably never be true
since a significant portion of the parcel is bounded by Public Open Lands. The
parcel is encompassed by City boundary, but not by development.
Finally, and I would suggest most important, is the fact that the majority of the
present property owners within this 220 acres do not desire annexation. Coun-
cil often advertises that citizen input is one of the most important parts of the
decision making process. Since Council has now been made aware that the
majority of those directly affected do not want annexation, to prove and con-
firm their policy of listening to the voice of the people, they should table this
annexation. Annexation will take place by the process of natural attrition. When
this occurs naturally, both parties will find it desirable and advantageous.
As property owners within this annexation, being aware that annexation is not
required by any Statue or Law, we are requesting that Council table this Reso-
efinite period. This will allow
lutioninvesti-
gation affecting both he City s interests and the interests r of the present prop-
erty owners.
The person writing this letter is: Jerrold17 South Taft Hill Road (the red bam)
Ph. 484-4212 or 223-1136
If you have questions please call me or contact your Council member or the
Advance Planning department of the City of Fort Collins. upon receiving this
Letter of Record make any comments you may have regarding annexation.
Give reasons you would be for annexation at this time or would prefer to see
annexation forestalled. Your input is important as annexation is not mandated.
If you have no objections to signing your name and giving your address and
property description please do so.
The final reading and acceptance of this proposal is scheduled to take place
Tuesday, March 4'h at the regularly scheduled City Council meeting. At the first
reading City Council approved annexation, so after March 4`h if adopted I
would presume it would be very difficult to reverse the annexation process.
Name & address:
Comments: (please use a_dditi a age)
A
March 3, 2003
Regarding proposed Ordinance No. 031, 2003,Amending the Zoning District Map of the NN/ryG
City of Fort Collins and Classifying for Zoning Purposes the Property Included in South
Taft Hill Seventh Annexation:
We, the undersigned, James K. and Jeannine A. Kline, residing at 2226 Moffett Drive, in the
Tefft Acres Subdivision, do hereby go on record that we do NOT at this point in time support the
annexation of this property by the City of Fort Collins. Our reasons follow:
• There has not been recent written notice given of either of the first or second readings of this
ordinance to residents of the proposed annexation. Whatever usual notice may have been
posted to the general public has not been sufficient to notify those directly affected.
• This annexation is not in any way mandated or required by law. Given this fact, we believe
there must be documented need and/or advantage to the majority of all parties concerned
before this annexation is allowed to take place. Once this need/and or advantage is real to
both the City and the affected residents,there will be a minority of dissent to the proposal;
currently, the majority of residents affected by the annexation have expressed their
unequivocal objection to the annexation.
• Previous hearings have determined that there actually is negative economic impact to both
• the City and the residents of the affected area. Once their properties are annexed, residents
will be required to pay city taxes for major purchases, higher property taxes, and storm and
drainage fees, which could be substantial given the acreage involved with many of the
properties. The majority of residents do not feel at this time that the benefits of annexation
are worth the extra taxes we will be paying.
• There is a"Catch 22" in this political process: As county residents, we are not represented by
the City Council, nor have any political clout, since county residents cannot vote for city
representatives. Yet,the decision to annex our properties is being made by city
representatives who are not beholding to our interests or views. Given the higher taxes we
will be paying, this constitutes"taxation without representation."
• We feel that the City has not given sufficient reason for the annexation, beyond the fact that
the State allows the City to annex enclaved properties under these circumstances. This moves
us to question, What ARE the City's real motives? What DO they know that we don't?What
is up the City's sleeve that next will be forced down our throats?If no such ulterior motives
exist,then why the drive to approve the annexation in light of such opposition?
We therefore request that this proposal either be denied until such a time as the annexation is
amenable to the majority of those involved OR that the ordinance be tabled pending further
investigation of both the City's and the residents' interests. Furthermore, should further
investigations, hearings, or meetings be planned, we request that all residents affected by the
• annexation be notified in writing in a timely manner of the schedules of ALL such actions.
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