HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2011 - ITEMS RELATING TO THE COURTNEY ANNEXATION AND ZONIDATE: November 15, 2011
STAFF: Steve Olt
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 12
SUBJECT
Items Relating to the Courtney Annexation and Zoning.
A. Second Reading of Ordinance No. 151, 2011, Annexing Property Known as the Courtney Annexation to the
City of Fort Collins.
B. Hearing and First Reading of Ordinance No. 152, 2011, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Courtney Annexation to the City of Fort
Collins.
EXECUTIVE SUMMARY
Ordinance No. 151, 2011, unanimously adopted on First Reading on November 1, 2011, annexes 3.13 acres located
east of Ziegler Road and south of East Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed
as 3256 Nite Court, which is at the east end of Charlie Lane. Portions of street right-of-way for Nite Court and Charlie
Lane are included in the annexation boundary. This is a 100% voluntary annexation.
The property is developed and is in the FA1 - Farming District in Larimer County. Ordinance No. 152, 2011, will place
this annexation in UE – Urban Estate Zoning District.
Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment
will not be necessary as this property is already in the District. The “Residential Neighborhood Sign District” was
established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which
may be particularly affected by such signs because of their predominantly residential use and character. The subject
property is in an established residential area.
BACKGROUND / DISCUSSION
On November 1, 2011, Council asked what the cost associated with the Courtney Annexation would be to the City.
The City’s Streets Superintendent has indicated that the potential cost of maintaining the gravel portions of Charlie
Lane and Nite Court would be approximately $400 per year for once a year grading, based on the following criteria
in the Municipal Code and the Larimer County Urban Area Street Standards:
Section 24-97. Annexed Streets of the Municipal Code …
Streets annexed into the City that were not designed and constructed to comply with City standards
shall be maintained and upgraded in accordance with the "Larimer County Urban Area Street
Standards" as adopted by the City Council by ordinance or resolution.
G.02.01.02 STREET Section G.02.01.02. Streets Not Built To City Standards of the Larimer County Urban Area
Street Standards …
All other streets and roads that have been annexed into the City and not constructed to County Urban
Standard nor to City standards, shall be handled in the following way:
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements. There are no issues or known controversies associated with this annexation.
November 15, 2011 -2- ITEM 12
(a) The City shall provide only minor maintenance to the pavement surfaces to keep them from
becoming unsafe. Minor maintenance may consist of periodic grading of gravel surfaces and filling
potholes in asphalt surfaces. In addition the City will maintain all culverts and storm drainage pipes
that pass under an annexed street.
(b) The property owners adjacent to annexed county streets will be responsible for maintenance of
curb and gutter and/or borrow ditches and culverts that cross under driveways.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance No. 151, 2011, on Second Reading and Ordinance No. 152, 2011, on First
Reading.
BOARD / COMMISSION RECOMMENDATION
On November 3, 2011, the Planning and Zoning Board voted unanimously to recommend the Courtney Annexation
be placed in the UE – Urban Estate Zoning District.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - November 1, 2011
(w/o attachments)
2. Vicinity Map
3. Zoning Map
4. Structure Plan Map
5. Planning and Zoning Board minutes, October 20, 2011 and November 3, 2011
COPY
COPY
COPY
COPY
November 1, 2011 -2- ITEM 20
The requested zoning for this annexation is the UE – Urban Estate District. There are numerous uses permitted in this
District, subject to either administrative review or review by the Planning and Zoning Board. The adopted City Structure
Plan, a part of the Comprehensive Plan (City Plan), identifies that Urban Estate is appropriate in this location. The
request is in conformance with the State of Colorado Revised Statutes as they relate to annexations and the City of
Fort Collins Land Use Code.
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 Growth Management
Area.
2. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
3. On September 20, 2011, the City Council approved Resolution 2011-088 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 UE – Urban Estate Zoning District is in conformance with the policies of the City's
Comprehensive Plan.
5. The request is in conformance with the City of Fort Collins Land Use Code.
FINANCIAL / ECONOMIC IMPACTS
No direct financial impacts result from the proposed annexation and zoning. The property is developed at the present
time, containing a single-family residence.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading. Staff recommends that this
property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this
property is already in the District. The “Residential Neighborhood Sign District” was established for the purpose of
regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected
by such signs because of their predominantly residential use and character. The subject property is in an established
residential area.
BOARD / COMMISSION RECOMMENDATION
Following the Planning and Zoning Board’s regular meeting on October 20, 2011, at which the Board held a hearing
on this annexation and zoning, it was discovered that, through no fault of the applicant, notice of the hearing was not
mailed to affected property owners as required by the Land Use Code. Therefore, a special Planning and Zoning
Board meeting has been scheduled for November 3, 2011 for the Board to rehear this item. In order to avoid delay
of this annexation, the Planning and Zoning Board’s recommendation addressing the issues of the annexation, the
placing of the property into the U-E, Urban Estate zone district and inclusion into the Residential Neighborhood Sign
District will be forwarded to City Council prior to the Council’s public hearing on Second Reading on November 15,
2011.
COPY
COPY
COPY
COPY
November 1, 2011 -3- ITEM 20
PUBLIC OUTREACH
Public notification of a Planning and Zoning Board special meeting on November 3, 2011, for the purpose of holding
a hearing on the zoning request, has been given via a letter of notification of the public hearing (containing date, time,
and place for the hearing and a description of the request) mailed to all affected property owners within 800 feet of the
property 14 days prior to the hearing. A neighborhood meeting is not required for annexation of property and no
meeting was held for this annexation and zoning request.
ATTACHMENTS
1. Vicinity Map
2. City Zoning Map (partial)
3. City Structure Plan (partial)
ATTACHMENT 3
ATTACHMENT 4
ORDINANCE NO. 151, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
COURTNEY ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2011-088, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds and determines 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:
Lot 3, Strobel M.R.D. No. S-60-87, and a portion of Charlie Lane and Nite Court,
situate in the Northwest 1/4 of Section 33, Township 7 North, Range 68 West of the
Sixth P.M., County of Larimer, State of Colorado, being more particularly described
as follows: considering the North line of said Lot 3, Strobel M.R.D. No. S-60-87 as
bearing S89°33'00"E and with all bearings contained herein relative thereto, is
contained within the boundary lines which begin at the Northeast corner of said Lot
3 and run thence along the East line of said Lot 3, S20°31'30"E 193.45 feet to the
Southeast Corner of said Lot 3; thence along the South line of said Lot 3,
N89°33'00"W 605.44 feet to a point on the existing Easterly right-of-way line of Nite
Court; thence along said existing Easterly right-of-way line, S00°27'00"W 15.59 feet,
and again along the arc of a 70.00 foot radius curve concave to the Northeast a
distance of 77.34 feet, whose central angle is 63°18'00", the long chord of which
bears S31°12'00"E 73.46 feet, and again along the arc of a 130.00 foot radius curve
concave to the Southwest a distance of 138.06 feet, whose central angle is 60°51'00",
the long chord of which bears S32°25'30"E 131.67 feet, and again along the arc of
a 40.00 foot radius curve concave to the Northwest a distance of 52.72 feet, whose
central angle is 75°31'05", the long chord of which bears S35°45'32"W 48.99 feet;
thence departing said existing Easterly right-of-way line, N02°00'16"W 38.73 feet
to the centerline of Nite Court; thence along said centerline, along the arc of a 100.00
foot radius curve concave to the Southwest a distance of 106.20 feet, whose central
angle is 60°51'00", the long chord of which bears N32°25'30"W 101.28 feet, and
again along the arc of a 100.00 foot radius curve concave to the Northeast a distance
of 110.48 feet, whose central angle is 63°18'00", the long chord of which bears
N31°12'00"W 104.95 feet, and again N00°27'00"E 15.59 feet to a point on the
existing South right-of-way line of Charlie Lane; thence along said existing South
right-of--way line, N89°33'00"W 265.54 feet; thence departing said existing South
right-of-way line, N00°00'00"E 57.48 feet to a point on the existing North right-of-
way line of Charlie Lane; thence along said existing North right-of-way line, along
the arc of a 270.00 foot radius curve concave to the South a distance of 36.95 feet,
whose central angle is 07°50'25", the long chord of which bears N86°31'48"E 36.92
feet, and again S89°33'00"E 233.75 feet; thence departing said existing North right-
of-way line, along the arc of a 15.00 foot radius curve concave to the Northwest a
distance of 28.08 feet, whose central angle is 107°15'00", the long chord of which
bears N36°49'30"E 24.15 feet to a point on the existing right-of-way line of Nite
Court; thence along said existing right-of-way line, N16°48'00"W 56.63 feet, and
again along the arc of a 50.00 foot radius curve concave to the South a distance of
218.50 feet, whose central angle is 250°22'48", the long chord of which bears
N55°15'36"E 81.72 feet to a point on the North line of said Lot 3; thence along said
North line, S89°33'00"E 497.28 feet to the point of beginning, containing 3.1295
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
Courtney 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.
Introduced, considered favorably on first reading, and ordered published this 1st day of
November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D.
2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-2-
Passed and adopted on final reading on the 15th day of November, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
ORDINANCE NO. 152, 2011
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 COURTNEY 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 City Council has considered the zoning
of the property which is the subject of this ordinance, and has determined that 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 Courtney Annexation to the City of Fort Collins, Colorado, in the Urban
Estate (“U-E”) Zone District, which property is more particularly described to wit:
Lot 3, Strobel M.R.D. No. S-60-87, and a portion of Charlie Lane and Nite Court,
situate in the Northwest 1/4 of Section 33, Township 7 North, Range 68 West of the
Sixth P.M., County of Larimer, State of Colorado, being more particularly described
as follows: considering the North line of said Lot 3, Strobel M.R.D. No. S-60-87 as
bearing S89°33'00"E and with all bearings contained herein relative thereto, is
contained within the boundary lines which begin at the Northeast corner of said Lot
3 and run thence along the East line of said Lot 3, S20°31'30"E 193.45 feet to the
Southeast Corner of said Lot 3; thence along the South line of said Lot 3,
N89°33'00"W 605.44 feet to a point on the existing Easterly right-of-way line of Nite
Court; thence along said existing Easterly right-of-way line, S00°27'00"W 15.59 feet,
and again along the arc of a 70.00 foot radius curve concave to the Northeast a
distance of 77.34 feet, whose central angle is 63°18'00", the long chord of which
bears S31°12'00"E 73.46 feet, and again along the arc of a 130.00 foot radius curve
concave to the Southwest a distance of 138.06 feet, whose central angle is 60°51'00",
the long chord of which bears S32°25'30"E 131.67 feet, and again along the arc of
a 40.00 foot radius curve concave to the Northwest a distance of 52.72 feet, whose
central angle is 75°31'05", the long chord of which bears S35°45'32"W 48.99 feet;
thence departing said existing Easterly right-of-way line, N02°00'16"W 38.73 feet
to the centerline of Nite Court; thence along said centerline, along the arc of a 100.00
foot radius curve concave to the Southwest a distance of 106.20 feet, whose central
angle is 60°51'00", the long chord of which bears N32°25'30"W 101.28 feet, and
again along the arc of a 100.00 foot radius curve concave to the Northeast a distance
of 110.48 feet, whose central angle is 63°18'00", the long chord of which bears
N31°12'00"W 104.95 feet, and again N00°27'00"E 15.59 feet to a point on the
existing South right-of-way line of Charlie Lane; thence along said existing South
right-of--way line, N89°33'00"W 265.54 feet; thence departing said existing South
right-of-way line, N00°00'00"E 57.48 feet to a point on the existing North right-of-
way line of Charlie Lane; thence along said existing North right-of-way line, along
the arc of a 270.00 foot radius curve concave to the South a distance of 36.95 feet,
whose central angle is 07°50'25", the long chord of which bears N86°31'48"E 36.92
feet, and again S89°33'00"E 233.75 feet; thence departing said existing North right-
of-way line, along the arc of a 15.00 foot radius curve concave to the Northwest a
distance of 28.08 feet, whose central angle is 107°15'00", the long chord of which
bears N36°49'30"E 24.15 feet to a point on the existing right-of-way line of Nite
Court; thence along said existing right-of-way line, N16°48'00"W 56.63 feet, and
again along the arc of a 50.00 foot radius curve concave to the South a distance of
218.50 feet, whose central angle is 250°22'48", the long chord of which bears
N55°15'36"E 81.72 feet to a point on the North line of said Lot 3; thence along said
North line, S89°33'00"E 497.28 feet to the point of beginning, containing 3.1295
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 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 15th day of
November, A.D. 2011, and to be presented for final passage on the 6th day of December, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-2-
Passed and adopted on final reading on the 6th day of December, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-