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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/21/2002 - ITEMS RELATING TO THE POUDRE SCHOOL DISTRICT AND T AGENDA ITEM SUMMARY ITEM NUMBER: 23 A-C FORT COLLINS CITY COUNCIL DATE: May 21, 2002FROM: Ted Shepard SUBJECT: Items Relating to the Poudre School District and Timbers P.U.D. Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Hearing and Resolution 2002-051 Setting Forth Findings of Fact and Determinations Regarding the Poudre School District and Timbers P.U.D. Annexation. B. First Reading of Ordinance No. 085, 2002, Annexing Property Known as the Poudre School District and Timbers P.U.D. Annexation to the City of Fort Collins, Colorado. B. First Reading of Ordinance No. 086, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Poudre School District and Timbers P.U.D. Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 35.53 acres in size and owned by two entities. The site is located on the east side of South Timberline Road, approximately one-third mile south of Kechter Road and approximately one-half mile north of Trilby Road. Contiguity with the existing municipal boundary is gained along the south property line with a parcel known as the Westchase Annexation No. 2. The recommended zoning is L-M-N, Low Density Mixed-Use Neighborhood. This will match the existing zoning on the south side of the property. BACKGROUND: The property is located within the Urban Growth Area. According to the policies and agreements between the City of Fort Collins and Latimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE CITY OF FORT COLLINS GROWTH MANAGEMENT AREA, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. The property gains contiguity by the following parcels: South: Westchase Annexation Number Two DATE: a ITEM NUMBER: The parcel gains the necessary one-sixth contiguity along the south property line. Of the total perimeter boundary, the parcel has 41% contiguity with the city limits. This substantially exceeds the required minimum of 16.66% (one-sixth). The parcel, therefore, complies with the requirements of the INTERGOVERNMENTAL AGREEMENT — GROWTH MANAGEMENT AREA and is eligible for annexation. The surrounding zoning and land uses are as follows: N: FA-1 (County), Existing Rural Residential S: L-M-N, Single Family(Westchase 2"P.U.D.) E: FA-1 (County), Vacant W: FA-1 (County), Vacant Zoning: The proposed zoning for the Poudre School District & Timbers P.U.D. Annexation is L-M-N, Low Density Mixed-Use Neighborhood. This district is intended to be a setting for a wide range 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. Sub-area Plan—Fossil Creek Reservoir Area Plan Corridor: As mentioned, the parcel is located within the area identified as the Fossil Creek Reservoir Area. In March of 1998, Council adopted the Fossil Creek Reservoir Area Plan. The plan area boundary is roughly one-half mile north of Kechter Road, one-half mile west of Timberline Road, one-half mile south of Carpenter Road and I-25. The area includes Fossil Creek Reservoir. The Fossil Creek Reservoir Area Plan was also adopted by Larimer County. The plan includes an agreement that the City will not annex land until such development applications have obtained final plat approval by the Board of County Commissioners and that the potential transaction of Transferred Development Units has occurred. This is the case with the subject parcel. Findings: A. The annexation of this parcel is consistent with the policies and agreements between Larimer County and the City of Fort Collins, as contained in the recently amended INTERGOVERNMENTAL AGREEMENT—GROWTH MANAGEMENT AREA. B. The parcel meets all criteria included in State law to qualify for annexation by the City of Fort Collins. DATE: May 21, 2002 3 ITEM NUMBER: 23 A-C C. The requested zone district, L-M-N, Low Density Mixed-Use Neighborhood, is in conformance with the City's Comprehensive Plan (City Plan) and the City Structure Plan. D. On April 16, 2001, City Council approved a Resolution which accepts the annexation petition and determines that the petition is in compliance with State law. E. The annexation has 41% of its perimeter boundary contiguous with existing city limits which exceeds the required one-sixth as mandated by State law. Further, the parcel is found to have a community of interest with the City and the parcel is expected to urbanize shortly. F. The annexation is located within the Residential Neighborhood Sign District. Planning and Zoning Board Recommendation: At its regular meeting of May 2, the Planning and Zoning Board voted 7-0 to recommend to City Council approval of the Poudre School District and Timbers P.U.D. Annexation and Zoning. RESOLUTION 2002-051 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE POUDRE SCHOOL DISTRICT AND THE TIMBERS P.U.D. ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Poudre School District and the Timbers P.U.D. 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 Poudre School District and the Timbers P.U.D.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 21st day of May, A.D. 2002. Mayor ATTEST: City Clerk ORDINANCE NO. 085, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE POUDRE SCHOOL DISTRICT AND THE TIMBERS P.U.D. ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2002-039,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: Tract A and Tract B,Poudre School District and Paragon Point Partners,LTD,(being a Minor Land Division) as described in Larimer County Records under Reception No. 2000054081,dated August 8, 2000, located in the Northwest Quarter(NW 1/4) of Section Eight (8) and a parcel of land being a part of the East Half (E1/2) of Section Seven (7), all located in Township Six North (T.6N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6thP.M.), County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the West Quarter Corner of said Section 8 and assuming the West line of said NW1/4 as bearing North 00°17'41" West with all other bearings contained herein relative thereto: THENCE South 89°31'10"West a distance of 30.00 feet to the West Right-of-Way (ROW) of Timberline Road; THENCE North 00°17'41"West along said West ROW a distance of 771.54 feet to a point on the North line extended of said Poudre School District and Paragon Point Partners, LTD; THENCE along said Poudre School District and Paragon Point Partners, LTD the following seventeen courses and distances: THENCE North 89°26'32" East a distance of 937.63 feet; THENCE South 48°19'44" East a distance of 87.78 feet; THENCE South 52°15'28" East a distance of 175.25 feet; THENCE South 54°32'03" East a distance of 421.57 feet; THENCE North 8301 F59" East a distance of 342.51 feet; THENCE South 86°46'58" East a distance of 22.03 feet; THENCE North 8004624" East a distance of 64.75 feet; THENCE North 71°58'20" East a distance of 130.60 feet; THENCE North 7905609" East a distance of 109.19 feet; THENCE North 89'1044" East a distance of 199.15 feet; THENCE South 83°18'26" East a distance of 33.47 feet; THENCE North 83°03'41" East a distance of 107.33 feet; THENCE South 76°08'43" East a distance of 149.06 feet; THENCE South 69°0631" East a distance of 40.60 feet; THENCE South 75°43'39" East a distance of 45.41 feet to the East line of said NW1/4; THENCE South 00°26'36"West along said East line a distance of 407.53 feet to the Center Quarter Corner of said Section 8; THENCE South 89*31'10"West along said South line a distance of 2671.35 feet to the POINT OF BEGINNING. Said parcel contains 35.532 acres more or less (±). be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Poudre School District and the Timbers P.U.D. 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. Section 4. That the 23.57-acre tract of land within the Poudre School District and Timbers P.U.D.Annexation,legally described as Tract B,Poudre School District and Paragon Point Partners,LTD Minor Land Division,shall be permitted to develop solely in accordance with(i)the Final Plat and Construction Plans for The Timbers Planned Development as approved by Larimer County; and (ii) the terms and conditions of the Development Agreement between Paragon Point Partners Limited Partnership and Larimer County recorded on 2002 at Reception# of the records of the Clerk and Recorder of Larimer County, Colorado. 2 . Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2002, and to be presented for final passage on the 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of July, A.D. 2002. Mayor ATTEST: . City Clerk 3 ORDINANCE NO. 086, 2002 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 POUDRE SCHOOL DISTRICT AND THE TIMBERS P.U.D. 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 Poudre School District and the Timbers P.U.D. 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 Larimer, State of Colorado, to wit: Tract A and Tract B,Poudre School District and Paragon Point Partners,LTD,(being a Minor Land Division) as described in Larimer County Records under Reception No. 2000054081,dated August 8, 2000, located in the Northwest Quarter(NW 1/4) of Section Eight (8) and a parcel of land being a part of the East Half (El/2) of Section Seven (7), all located in Township Six North (T.6N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6thP.M.), County of Larimer, State of Colorado and being more particularly described as follows: BEGINNING at the West Quarter Comer of said Section 8 and assuming the West line of said NW1/4 as bearing North 00°17'41" West with all other bearings contained herein relative thereto: THENCE South 89°31'10" West a distance of 30.00 feet to the West Right-of-Way (ROW) of Timberline Road; THENCE North 0001741"West along said West ROW a distance of 771.54 feet to a point on the North line extended of said Poudre School District and Paragon Point Partners, LTD; THENCE along said Poudre School District and Paragon Point Partners, LTD the following seventeen courses and distances: THENCE North 89°26'32" East a distance of 937.63 feet; THENCE South 48°19'44" East a distance of 87.78 feet; THENCE South 52°15'28" East a distance of 175.25 feet; THENCE South 54°32'03" East a distance of 421.57 feet; THENCE North 83011'59" East a distance of 342.51 feet; THENCE South 86°46'58" East a distance of 22.03 feet; THENCE North 80°46'24" East a distance of 64.75 feet; THENCE North 71°58'20" East a distance of 130.60 feet; THENCE North 79056'09" East a distance of 109.19 feet; THENCE North 89°10'44" East a distance of 199.15 feet; THENCE South 83°18'26" East a distance of 33.47 feet; THENCE North 83°03'41" East a distance of 107.33 feet; THENCE South 76°08'43" East a distance of 149.06 feet; THENCE South 69°06'31" East a distance of 40.60 feet; THENCE South 75°43'39" East a distance of 45.41 feet to the East line of said NW1/4; THENCE South 00°26'36"West along said East line a distance of 407.53 feet to the Center Quarter Corner of said Section 8; THENCE South 89°31'10"West along said South line a distance of 2671.35 feet to the POINT OF BEGINNING. Said parcel contains 35.532 acres more or less (t). 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 21 stday of May, A.D. 2002, and to be presented for final passage on the 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk • Passed and adopted on final reading this 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk • • M - fig ���� ♦ ►Ilrrrq►► ■111�1 x L � : i •I/lrrq • ��UIIr►� � �� ��: �►uuu � •�nri � iin�ialtli�i iiil�j�� ussuy„►01W. ngal ��i i I���I��� ♦�♦ III CIA I�� :�zr-�r�-a•�. 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