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
•
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