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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/01/2003 - ITEMS RELATING TO THE STRAUSS LAKES DEVELOPMENT AN AGENDA ITEM SUMMARY ITEM NUMBER: 31 A-C FORT COLLINS CITY COUNCIL DATE: April 1, 2003FROM Troy W. Jones SUBJECT: Items Relating to the Strauss Lakes Development Annexation and Zoning. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 2003-052 Setting Forth Findings of Fact and Determinations Regarding the Strauss Lakes Development Annexation. B. First Reading of Ordinance No. 059, 2003, Annexing Property Known as the Strauss Lakes Development Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 060, 2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Strauss Lakes Development Annexation. ACKGROUND: This is a request for a 100% voluntary annexation of approximately 17.79 acres of privately owned property located on the northeast comer of Horsetooth Road and Ziegler Road. The recommended zoning is LMN—Low Density Mixed-Use Neighborhood. This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. Strauss Lakes Development Annexation and Zoning complies with this standard since the property has 1219 feet of its total boundary of approximately 3934 feet contiguous to the existing City limits. This meets the minimum 656 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Webster 2nd Annexation (July 1992). The property is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Latimer 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. DATE: ITEM NUMBER: The site is located about 1 mile south of the existing wastewater treatment plant located at Drake Road and Ziegler Road. There are gravel mining operations taking place about a half mile north of the site. Existing residential is located directly west of the site. Any impacts that the surrounding uses would have on a future development of this site, or any impacts a future development on this site would have on existing surrounding uses are issues that will be addressed when a development application is submitted and reviewed. This application is to annex the site into the City and assign it a zone district upon annexation. In a nut shell, it is simply a change in jurisdiction from Latimer County to the City of Fort Collins. Until the City has jurisdiction over the site, there is no authority of the City to consider any impacts of development. ZONING AND ANALYSIS: The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood (LMN). The City's adopted Structure Plan, a part of City Plan, designates the site as Low-Density Mixed-Use Residential. A zoning designation of LMN is consistent with the Structure Plan designation. THE PLANNING AND ZONING BOARD HEARING The Planning and Zoning Board recommended approval of the requested annexation and zoning on January 16, 2003 by a vote of 5-0. INITIATING RESOLUTION City Council recommended adoption of the Initiating Resolution for the Strauss Lakes Development Annexation on February 4, 2003 by a vote of 6-0. • RESOLUTION 2003-052 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE STRAUSS LAKES DEVELOPMENT ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Strauss Lakes Development 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 of being 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 Strauss Lakes Development 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 held this 1st day of April, A.D. 2003. Mayor ATTEST: . City Clerk . ORDINANCE NO. 059, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE STRAUSS LAKES DEVELOPMENT ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2003-015,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 SITUATE IN THE COUNTY OF LARRi IER, STATE OF COLORADO, TO-WIT: . A PORTION OF LAND LOCATED IN SECTIONS 28, AND 33, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, WHICH IS BOUNDED ON THE SOUTH BY MORGAN'S RIDGE EXEMPTION PLAT, AS RECORDED AT BOOK 2165, PAGE 588,RECORDS OF LARIMER COUNTY,COLORADO,ON THE WEST BY COUNTY ROAD NO. 9, AND ALONG THE NORTHEAST BY THE CENTERLINE OF THE FOSSIL CREEK INLET DITCH, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST"ONE- QUARTER OF SAID SECTION 28 BEING MONUMENTED AT THE SOUTH END BY AN ALUMINUM CAP STAMPED "RBD, LS 14823, 1995" AND AT THE NORTH END BY AN ALUMINUM CAP STAMPED "LS 17497" IS ASSUMED TO BEAR N00'10'43"W, WITH A DISTANCE OF 2650.99 FEET BETWEEN SAID MONUMENTATION. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE N00'10'43"W, ON SAID WEST LINE,A DISTANCE OF 30.05 FEET; THENCE S89'32'22"E,A DISTANCE OF 30.00 FEET,TO THE INTERSECTION OFTHE EASTERLY RIGHT-OF-WAY OF COUNTYROAD 9(ZIEGLER ROAD) AND THE NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 40,AND THE POINT OF BEGINNING;THENCE N00°10'43"W,ON THE EASTERLY RIGHT- OF-WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD), A DISTANCE OF 1077.11 FEET; THENCE N57°57'13"E, CONTINUING ON THE OUTHEASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD),A DISTANCE OF 1.98 FEET;THENCE N32°02'47"W,A DISTANCE OF 60.00 FEET,TO THE NORTHWESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD); THENCE N57°57'13"E, ON SAID NORTHWESTERLY RIGHT-OF-WAY,ADISTANCE OF93.99 FEET;THENCE S32°02'47"E, A DISTANCE OF 60.00 FEET; TO THE CENTERLINE OF THE FOSSIL CREEK INLET DITCH; THENCE ALONG THE APPROXIMATE CENTERLINE OF SAID DITCH THE FOLLOWING THREE(3)COURSES: 1. S46°56'19"E, A DISTANCE OF 839.47 FEET; 2. S37-4949"E, A DISTANCE OF 188.78 FEET; 3. S23°16'09"E,A DISTANCE OF 513.94 FEET,TO THE SOUTH RIGHT OF WAY OF LARIMER COUNTY ROAD NO. 40; THENCE ON SAID RIGHT OF WAY, N89°38'17"W, A DISTANCE OF 31.31 FEET,TO THE NORTHWEST CORNER OFTHEROSELLE-SHIELDS PARCEL, RECORDED UNDER RECEPTION NO. 2000042210, LARI1vIF.R COUNTY RECORDS; THENCE S25`40'17"E, ON THE WESTERLY LINE OF SAID ROSFI J -SHIELDS PARCEL, A DISTANCE OF 5.56 FEET, TO THE NORTHEAST CORNER OF MORGAN'S RIDGE EXEMPTION PLAT, RECORDED UNDER BOOK 2165,PAGE 588,LARIMER COUNTY RECORDS; THENCE ON THE NORTHERLY LINE OF SAID MORGAN'S RIDGE EXEMPTION PLAT,THE FOLLOWING THREE (3) COURSES: 1. N89-38'17"W, A DISTANCE OF 478.11 FEET; 2. S83-28'09"W,A DISTANCE OF 125.00 FEET; 3. N89-38'17"W, A DISTANCE OF 378.86 FEET; THENCE N00°0446"W, A DISTANCE OF 80.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 17.792 ACRES. be, and hereby is, annexed to the City of Fort Collins and made a part of said City,to be known as the Strauss Lakes Development 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 Latimer 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 lst day of April, A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of April, A.D. 2003. Mayor ATTEST: • City Clerk • 3 • ORDINANCE NO. 060, 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 STRAUSS LAKES DEVELOPMENT 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 be, and the same hereby is, changed and amended by including the property known as the Strauss Lakes Development 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 Latimer,State of Colorado,to wit: A PORTION OF LAND LOCATED IN SECTIONS 28,AND 33,TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO, WHICH IS BOUNDED ON THE SOUTH BY MORGAN'S RIDGE EXEMPTION PLAT, AS RECORDED AT BOOK 2165, PAGE 588, RECORDS OF LARRAER COUNTY,COLORADO,ON THE WEST BY COUNTY ROAD NO.9,AND ALONG THE NORTHEAST BY THE CENTERLINE OF THE FOSSIL CREEK INLET DITCH,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS:THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 28 BEING MONUMENTED AT THE SOUTH END BY AN ALUMINUM CAP STAMPED"RBD,LS 14823, 1995"AND AT THE NORTH END BY AN ALUMINUM CAP STAMPED"LS 17497"IS ASSUMED TO BEAR N00'10'43"W, WITH A DISTANCE OF 2650.99 FEET BETWEEN SAID MONUMENTATION. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE N00°10-43"W, ON SAID WEST LINE, A DISTANCE OF 30.05 FEET; THENCE S89°32-22"E, A DISTANCE OF 30.00 FEET, TO THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY OF COUNTY ROAD 9 (ZIEGLER ROAD) AND THE . NORTHERLY RIGHT-OF-WAY OF COUNTY ROAD 40, AND THE POINT OF BEGINNING; THENCE N00'10'43"W, ON THE EASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9(ZIEGLER ROAD),A DISTANCE OF 1077.11 FEET;THENCE N57'57'13"E, CONTINUING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD),A DISTANCE OF 1.98 FEET;THENCE N32'02'47"W,A DISTANCE OF 60.00 FEET,TO THE NORTHWESTERLY RIGHT-OF-WAY OF SAID COUNTY ROAD 9 (ZIEGLER ROAD); THENCE N57'57'13"E, ON SAID NORTHWESTERLY RIGHT-OF-WAY, A DISTANCE OF 93.99 FEET; THENCE S32'02'47"E,A DISTANCE OF 60.00 FEET;TO THE CENTERLINE OF THE FOSSIL CREEK INLET DITCH; THENCE ALONG THE APPROXIMATE CENTERLINE OF SAID DITCH THE FOLLOWING THREE(3)COURSES: 1. S46'56'19"E,A DISTANCE OF 839.47 FEET; 2. S37-49'49"E,A DISTANCE OF 188.78 FEET; 3. S23'16'09"E,A DISTANCE OF 513.94 FEET,TO THE SOUTH RIGHT OF WAY OF LARIMER COUNTY ROAD NO. 40; THENCE ON SAID RIGHT OF WAY,N89'38'17"W,A DISTANCE OF 31.31 FEET,TO THE NORTHWEST CORNER OF THE ROSELLE-SHIELDS PARCEL, RECORDED UNDER RECEPTION NO. 2000042210, LARIMFR COUNTY RECORDS; THENCE S25'40'17"E, ON THE WESTERLY LINE OF SAID ROSELLE-SHIELDS PARCEL, A DISTANCE OF 5.56 FEET,TO THE NORTHEAST CORNER OF MORGAN'S RIDGE EXEMPTION PLAT, RECORDED UNDER BOOK 2165, PAGE 588, LARIMER COUNTY RECORDS; THENCE ON THE NORTHERLY LINE OF SAID MORGAN'S RIDGE EXEMPTION PLAT,THE FOLLOWING THREE(3)COURSES: 1. N89'38'17"W,A DISTANCE OF 478.11 FEET; 2. S83'28'09"W,A DISTANCE OF 125.00 FEET; 3.N89-38'17"W,A DISTANCE OF 378.86 FEET; THENCE N00'04'46"W, A DISTANCE OF 80.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 17.792 ACRES. 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 1st day of April, A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of April, A.D. 2002. Mayor ATTEST: City Clerk • • songs- WA■■ �`�- ■■■■per u� BONN LOR �/I■■�—■—■■yam ■■■■ ��a-�■■ A� I.,,1 � s 11 as as �� ■� 1i1 ILI MIN is Ronson � ���at• as as at 111 " ■■■■■■■■■mg► ��■■II■��1■fs. ��������11� ♦ 7�■■■■■1■■1111111■I/� isi �It Mm5 li d•��■■■■■■■■ ■IIIII�'����� % ,1�l��. IAA ���