HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2012 - ITEMS RELATING TO THE KECHTER NO. 3 ANNEXATION ANDDATE: September 4, 2012
STAFF: Jason Holland
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 15
SUBJECT
Items Relating to the Kechter No. 3 Annexation and Zoning.
A. Second Reading of Ordinance No. 086, 2012, Annexing Property Known as the Kechter Annexation No. 3.
B. Second Reading of Ordinance No. 087, 2012, Amending and Classifying for Zoning Purposes the Property
Included in the Kechter Annexation No. 3.
EXECUTIVE SUMMARY
These Ordinances, unanimously adopted on First Reading on August 21, 2012, annex and zone 18.644 acres located
approximately 900 feet east of the intersection of South Timberline Road and Kechter Road. The requested zoning
for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - August 21, 2012
(w/o attachments)
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ATTACHMENT 1
DATE: August 21, 2012
STAFF: Jason Holland
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 24
SUBJECT
Items Relating to the Kechter No. 3 Annexation and Zoning.
A. Resolution 2012-072 Setting Forth Findings of Fact and Determinations Regarding the Kechter Annexation
No. 3.
B. Hearing and First Reading of Ordinance No. 086, 2012, Annexing Property Known as the Kechter Annexation
No. 3.
C. Hearing and First Reading of Ordinance No. 087, 2012, Amending and Classifying for Zoning Purposes the
Property Included in the Kechter Annexation No. 3.
EXECUTIVE SUMMARY
As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three
sequential annexation tracts. Kechter Annexation No. 3 is the third of this series of sequential annexations, which are
as follows: Kechter Annexation No. 1 - 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter Annexation No.
3 - 18.644 acres; Kechter Annexation total area is 19.279 acres. The majority of the land within Kechter Annexation
No. 3 includes 2313 Kechter Road, which is owned by the City of Fort Collins as part of the Land Bank program. 2313
Kechter Road contains one single-family residence and is in the FA-1 – Farming Zoning District in Larimer County.
The Kechter Annexation does not create an enclave. There are no immediate plans to develop this annexation area.
Kechter Annexation No. 3 is located approximately 900 feet east of the intersection of South Timberline Road and
Kechter Road. The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N).
The surrounding properties are existing residential land uses currently zoned FA-1 – Farming Zoning District in Larimer
County to the north, south, east and west.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for a property located within the Growth Management Area (GMA). According
to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements,
the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according
to State law.
Annexation No. 3 has 19.7% of its perimeter boundary contiguous with City limits from a common boundary with
Kechter Annexation No. 2, thus satisfying the requirement that no less than one-sixth of the perimeter boundary be
contiguous to the existing City boundary.
The surrounding land uses are as follows:
Zoning: Land Uses:
N: County FA-1 Blehm residential subdivision
S: County FA-1 Existing single family residence
E: County FA-1 Existing single family residence
E: County FA-1 Homestead residential community
W: County FA-1 Kechter Crossing – planned community
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.
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August 21, 2012 -2- ITEM 24
The requested zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N). The Land Use
Code describes this zone district as follows:
Purpose. The Low Density Mixed-Use Neighborhood District is intended to be a setting for a
predominance of low density housing combined with complementary and supporting land uses that
serve a neighborhood and are developed and operated in harmony with the residential characteristics
of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday
living in neighborhoods that include a variety of housing choices, that invite walking to gathering
places, services and conveniences, and that are fully integrated into the larger community by the
pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and
attractive walking and biking paths invite residents to enjoy the center as well as the small
neighborhood parks. Any new development in this District shall be arranged to form part of an
individual neighborhood.
Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was
established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that
may be particularly affected by such signs because of their predominantly residential use and character. A map
amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map.
Findings
1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
2. The requested placement into the Low Density Mixed-Use Neighborhood District is consistent with the City
of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map.
3. The annexation of this area is consistent with the policies and agreements between Larimer County and the
City of Fort Collins contained in the Amended Intergovernmental Agreement – Growth Management Area.
4. On July 17, 2012, the City Council adopted Resolution 2012-055 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.
5. The requested L-M-N, Low Density Mixed-Use Neighborhood Zoning District is in conformance with the
policies of the City's Comprehensive Plan.
6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinances on First Reading.
BOARD / COMMISSION RECOMMENDATION
The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19,
2012 and voted 5-1 to recommend approval of the annexation. The Board voted 5-1 to recommend that the property
be placed in the Low Density Mixed-Use Neighborhood Zone District. The minutes from the July 19, 2012 Planning
and Zoning Board Hearing are attached (Attachment 6).
PUBLIC OUTREACH
The public notification of the annexation and zoning request occurred two weeks prior to the item going before the
Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A letter of notification of the public
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August 21, 2012 -3- ITEM 24
hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The
Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held
for this annexation and zoning request.
ATTACHMENTS
1. Vicinity Map
2. Area Context Map
3. Zoning Map
4. Structure Plan Map
5. Fossil Creek Reservoir Area Land Use Map
6. Planning and Zoning Board minutes, July 19, 2012
ORDINANCE NO. 086, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
KECHTER ANNEXATION NO. 3
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2012-055, 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:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP
6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER,
STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5,
AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED
ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND
ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497,
BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS
COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO;
THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET TO THE POINT
OF BEGINNING;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER
ROAD, S89°29'46"W, A DISTANCE OF 299.94 FEET TO THE NORTHEAST
CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY
DEED RECORDED JANUARY 24, 2006 AT RECEPTION NO. 20060005697 IN
THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE EASTERLY, SOUTHERLY, AND WESTERLY
BOUNDARIES OF SAID TRACT THE FOLLOWING FIVE (5) COURSES:
1. S00°44'36"W, A DISTANCE OF 725.89 FEET;
2. N89°31'04"E, A DISTANCE OF 300.15 FEET TO A POINT ON THE EAST
LINE OF THE NORTHWEST QUARTER OF SECTION 8;
3. ALONG SAID EAST LINE, S00°43'36"W, A DISTANCE OF 559.09 FEET
TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 8;
4. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8, S89°38'55"W, A DISTANCE
OF 709.81 FEET;
5. N00°38'19"E, A DISTANCE OF 1,263.15 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD;
THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, THE
FOLLOWING THREE (3) COURSES:
1. S89°29'46"W, A DISTANCE OF 1,004.03 FEET;
2. N00°02'14"W, A DISTANCE OF 20.00 FEET;
3. S89°29'46"W, A DISTANCE OF 67.30 FEET TO THE SOUTHEAST
CORNER OF THE THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT
COLLINS;
THENCE ALONG THE EAST LINE OF SAID THORLAND ANNEXATION NO.
2, N00°18'28"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF KECHTER ROAD;
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N89°29'46"E, A
DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SECTION 5;
THENCE S86°35'52"W, A DISTANCE OF 791.12 FEET;
THENCE S88°19'42"E, A DISTANCE OF 790.26 FEET TO THE POINT OF
BEGINNING.
CONTAINING 812,118 SQUARE FEET (18.644 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
Kechter Annexation No. 3, which annexation shall become effective upon completion of the
conditions 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.
-2-
Introduced, considered favorably on first reading, and ordered published this 21st day of
August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 4th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
-3-
ORDINANCE NO. 087, 2012
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 KECHTER ANNEXATION NO. 3 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 Kechter Annexation No. 3 to the City of Fort Collins, Colorado, in the
Low Density Mixed Use Neighborhood (“L-M-N”) Zone District, which property is more
particularly described as:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP
6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER,
STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5,
AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 5 TO BEAR S89°29’46”W, SAID LINE BEING MONUMENTED
ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND
ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497,
BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS
COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO;
THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET TO THE POINT
OF BEGINNING;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER
ROAD, S89°29'46"W, A DISTANCE OF 299.94 FEET TO THE NORTHEAST
CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY
DEED RECORDED JANUARY 24, 2006 AT RECEPTION NO. 20060005697 IN
THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE EASTERLY, SOUTHERLY, AND WESTERLY
BOUNDARIES OF SAID TRACT THE FOLLOWING FIVE (5) COURSES:
1. S00°44'36"W, A DISTANCE OF 725.89 FEET;
2. N89°31'04"E, A DISTANCE OF 300.15 FEET TO A POINT ON THE EAST
LINE OF THE NORTHWEST QUARTER OF SECTION 8;
3. ALONG SAID EAST LINE, S00°43'36"W, A DISTANCE OF 559.09 FEET
TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 8;
4. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8, S89°38'55"W, A DISTANCE
OF 709.81 FEET;
5. N00°38'19"E, A DISTANCE OF 1,263.15 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD;
THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, THE
FOLLOWING THREE (3) COURSES:
1. S89°29'46"W, A DISTANCE OF 1,004.03 FEET;
2. N00°02'14"W, A DISTANCE OF 20.00 FEET;
3. S89°29'46"W, A DISTANCE OF 67.30 FEET TO THE SOUTHEAST
CORNER OF THE THORLAND ANNEXATION NO. 2 TO THE CITY OF FORT
COLLINS;
THENCE ALONG THE EAST LINE OF SAID THORLAND ANNEXATION NO.
2, N00°18'28"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF KECHTER ROAD;
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N89°29'46"E, A
DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SECTION 5;
THENCE S86°35'52"W, A DISTANCE OF 791.12 FEET;
THENCE S88°19'42"E, A DISTANCE OF 790.26 FEET TO THE POINT OF
BEGINNING.
CONTAINING 812,118 SQUARE FEET (18.644 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 21st day of
August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012.
_________________________________
Mayor Pro Tem
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 4th day of September, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk