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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/06/2011 - HEARING AND SECOND READING OF ORDINANCE NO. 152, 2DATE: December 6, 2011 STAFF: Steve Olt AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 7 SUBJECT Hearing and Second 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 This property contains 3.13 acres located east of Ziegler Road and south of East Horsetooth Road and was annexed on November 15, 2011. 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. The property is developed and is in the FA1 - Farming District in Larimer County. Ordinance No. 152, 2011, unanimously adopted on First Reading on November 15, 2011, places this annexation in the UE – Urban Estate Zoning District. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - November 15, 2011 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: 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. COPY COPY COPY COPY 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 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-