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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/07/2014 - ITEMS RELATING TO THE KECHTER FARM ANNEXATION ANDAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY January 7, 2014 City Council STAFF Lindsay Ex, Senior Environmental Planner SUBJECT Items Relating to the Kechter Farm Annexation and Zoning. EXECUTIVE SUMMARY A. Resolution 2014-001 Setting Forth Findings of Fact and Determinations Regarding the Kechter Farm Crossing Annexation. B. Hearing and First Reading of Ordinance No. 005, 2014, Annexing Property Known as the Kechter Farm Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 006, 2014, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kechter Farm Annexation to the City of Fort Collins. This is a request to annex and zone 88.21 acres located north of Fossil Creek Reservoir, approximately 1,320 feet south of Kechter Road, 2,640 feet east of South Timberline Road, just west of Ziegler Road, and southwest of Kinard Middle School. The property is located within the Fossil Creek Reservoir Area Plan. In accordance with the Intergovernmental Agreement with Larimer County, adopted in 1999, properties within the Fossil Creek Reservoir Area receive their land use approvals in the County and are annexed into the City prior to construction. Kechter Farm has a General Development Plan (comparable to the City’s Overall Development Plan) that encompasses 286 acres. The first phase of the project is 88.21 acres and is currently in the County’s development review process. Within the first phase, there is a 2.85 acre commercial area, 1.45 acre recreation center with a neighborhood park, and the remaining land is dedicated to residential development. The requested zoning for this annexation is LMN - Low Density Mixed Use Neighborhood and UE - Urban Estate. 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. The annexation of this property will create an enclave, which will affect approximately 180 acres of land to the north and west of the subject annexation. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. BACKGROUND / DISCUSSION The Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County regarding the Cooperative Planning Area adjacent to Fossil Creek Reservoir (adopted on August 31, 1999) and the IGA between the City and County regarding Cooperation on Managing Urban Development (adopted on June 24, 2008) stipulate the following: Agenda Item 13 Item # 13 Page 2 “The County may accept development applications for lands located within any area that is part of a “receiving area” established through an adopted subarea plan for any Larimer County Transferable Density Units Program. At such time as the County requires a landowner in a receiving area to request annexation to the City, the City will process the annexation petition such that the annexation, if approved by the City, will be completed within thirty-five (35) days following the County’s approval of the final plat” (Section 5B). Thus, this IGA stipulates that the properties in this area are annexed after the development review process. The City does have an opportunity to comment on projects, and City staff has reviewed and commented on the Kechter Farm project through the County’s development review process. This process of County plan review followed by annexation was also undertaken with the Westchase, Kechter Crossing, Fossil Lake neighborhoods. The IGAs referenced are available online at <http://www.fcgov.com/advanceplanning/pdf/iga-doc.pdf>. Kechter Farm is located within the Fossil Creek Reservoir Area Plan and contains 286 acres (see Attachment 5). The parcel contains land that is both within the sending area (area to be conserved) and receiving area (area to be developed). In 2012, the Board of County Commissioners approved the project’s General Development Plan which permanently protected over 116 of the 286 acres on the parcel, making the conservation of this land the last major piece of the Fossil Creek Reservoir conservation effort outlined in the Fossil Creek Reservoir Area Plan. This annexation is for 88.21 of the 170 acres that is designated for land development in the Kechter Farm General Development Plan. Kechter Farm has 1/6 contiguity to existing City limits through Kinard Middle School to the northeast (annexed in May of 2007), Fossil Lake Third Annexation to the east (March 2002), Westchase Second Annexation (December 2001), and the Poudre School District and Timbers PUD Annexation (July 2002), thus satisfying the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The annexation of this first phase of the Kechter Farm GDP will create an enclave to the north and west of the subject property (Attachment 4). According to State Statutes, the creation of an enclave allows the municipality to annex the enclave areas after it has been an enclave for three years without a petition. The surrounding zoning and land uses are as follows: N: LMN in the City of Fort Collins; Homestead Subdivision E: LMN in the City of Fort Collins; Kinard Middle School Fossil Lake PUD S: FA1 - Farming in Larimer County; Fossil Creek Reservoir W: UE in the City of Fort Collins; Westchase PUD LMN in the City of Fort Collins; Westchase PUD Mail Creek Crossing Timbers Development Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will be necessary as this property is not 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. 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 requested placement into the Low Density Mixed-Use Neighborhood and Urban Estate District is consistent with the City of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map. Agenda Item 13 Item # 13 Page 3 3. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 4. On December 3, 2013, the City Council adopted Resolution 2013-097 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 LMN, Low Density Mixed Use Neighborhood and UE, Urban Estate Zoning Districts are 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. It should be noted that due to an Intergovernmental Agreement between Larimer County and the City of Fort Collins for the Fossil Creek Reservoir Area Land Use Framework Plan, this annexation is contingent upon completing development as described in the General Development Plan. If changes to the General Development Plan are such that they warrant a major amendment to the Plan, the zoning with conditions would no longer be applicable and the property would be considered zoned Urban Estate and Low Density Mixed-Use Neighborhood pursuant to the Fort Collins Land Use Code. FINANCIAL / ECONOMIC IMPACT No direct financial impacts result from the proposed annexation and zoning. ENVIRONMENTAL IMPACTS The health, safety and well-being of the community and its citizens will not be adversely impacted by the proposed annexation and zoning of the property. The annexation request is in conformance with the State of Colorado Revised Statutes as they relate to annexations and the City of Fort Collins Comprehensive Plan & Land Use Code. BOARD / COMMISSION RECOMMENDATION At its December 12, 2013 meeting, the Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request and voted 7-0 to recommend approval of the annexation. The Board voted 5-0 to recommend that the property be placed in the Low Density Mixed Use Neighborhood and Urban Estate Zone Districts and in the Residential Neighborhood Sign District. The minutes from the December 12, 2013 Planning and Zoning Board Hearing are attached. 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 December 12, 2013. A letter of notification of the public hearing was mailed to all Affected Property Owners within 1000 feet of the property 14 days prior to the hearing. The Land Use Code does not require a neighborhood meeting for annexation and initial zonings. A meeting was not held for this annexation and zoning request, due to the fact that the development project was reviewed and approved in the County and a neighborhood meeting was conducted as part of the County review. There was significant public outreach during the land use approval process for the General Development Plan (GDP) through Larimer County, including a neighborhood meeting, and public hearings before the Planning Commission (June 20, 2012) and Board of County Commissioners (December 10, 2012). The GDP was approved by the Board of County Commissioners by a vote of 3-0. The preliminary plat was Agenda Item 13 Item # 13 Page 4 unanimously approved by the Larimer County Planning Commission on December 18, 2013 and is scheduled to be heard by the Board of County Commissioners on January 13, 2014. ATTACHMENTS 1. Vicinity Map (PDF) 2. Structure Plan Map (PDF) 3. Zoning Map (PDF) 4. Enclave Area Created (PDF) 5. General Development Plan (PDF) 6. Planning and Zoning Board December 12, 2013 minutes (draft) (PDF) Kechter Road S Timberline Road Carpenter Road I-25 TRroilabdy HIGHRIDGE FOSSIL SCHOOL ELEMENTARY ZACH KINARD ELEBMAECNOTNARY GSOCDHDOAORLD Kechter Vicinity Farm (Phase Map One) 1 inch = 2,000 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Limits Growth Management Area F o s s i l C r e e k R e s e r v o i r General Kechter Development Farm Plan ATTACHMENT 1 Fossil Reservoir Creek © Kechter Structure Farm (Phase Plan One) Boundaries Fort Collins GMA Potential GMA Expansion Other City GMA Planning Area Adjacent Planning Areas City Limits Districts Downtown District Community Commercial District General Commercial District Neighborhood Commercial District Campus District Employment District Industrial District Neighborhoods Urban Estate Low Density Mixed-Use Medium Density Mixed-Use Edges Community Separator Foothills Rural Lands Corridors Open Lands, Parks and Water Corridors Poudre River Corridor Enhanced Travel Corridor (Transit) KECHTER RD E CR 36 S TIMBERLINE RD 1 inch = 0.3 miles ZIEGLER RD Farm Site Annexation - Kechter (Phase One) Annexaton - Ar ea￿ Mail CrosCsrienegk Kechter Farm GDP ATTACHMENT 2 Kechter Road S Timberline Road TRroilabdy BACON KINARD ELEMENTARY GSOCDHDOAORLD Ziegler Road LMN T LMN POL UE UE POL RL UE MMN LMN NC UE UE UE LMN MMN Kechter Zoning Farm (Phase Map One) 1 inch = 1,200 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Zoning Low Density Mixed-Use Neighborhood (LMN) Medium Density Mixed-Use Neighborhood (MMN) Neighborhood Commercial (NC) Public Open Lands (POL) Low Density Residential (RL) Transition (T) Urban Estate (UE) F o s s i l C r e e k R e s e r v o i r General Kechter Development Farm Plan M a i D l i t C c r h e e k Mail Crossing Creek ATTACHMENT 3 Kechter Road S Timberline Road TRroilabdy Kechter Enclave Farm Area (Phase Created One) 1 inch = 1,200 feet ± KechLteorcation Site Farm (AnnexationPhase One) Legend City Limits Enclave Area Created Growth Management Area Kechter Farm ATTACHMENT 4 ATTACHMENT 5 Planning and Zoning Board Hearing Minutes December 12, 2013 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Andy Smith Phone: (H) 482-7994 Chair Andy Smith called the meeting to order at 6:06 p.m. Roll Call: Carpenter, Hart, Kirkpatrick, Smith and Schneider Absent: Hatfield and Heinz Staff Present: Kadrich, Eckman, Ex, Holland, Gloss, Levingston, Beals, Sanchez- Sprague, Burnett, and Cosmas Agenda Review Chair Smith provided background on the board’s role and what the audience could expect as to the order of business. He described the following processes: • Citizen Participation is an opportunity for citizens to address the board on non-agenda related items. • Consent agenda items are considered items which have no known opposition. They are approved collectively at the beginning of the meeting unless a board member, staff or audience member requests an item is pulled and moved to the discussion agenda. • Discussion agenda items will include an applicant presentation, a staff presentation, and public comment. • At the time of public comment, he asked that you come to the podium, state your name and address for the record, and sign-in. He asked that the speaker clearly state their position. He encouraged speakers to share comments relevant to the topic under discussion. • Responses by applicant and staff will follow public comment. • The board will deliberate and reach a decision once a motion has been made and a vote taken. • He will begin each new item with a description of the development type being considered. The board will do their best not to use acronyms or jargon. Director Laurie Kadrich reviewed the items on both the Consent and Discussion agendas. She noted that one item that was previously on the Discussion agenda has been requested to be moved to the Consent agenda, specifically the Foothills Mall Redevelopment Phase Two Major Amendment. Deputy City Attorney Eckman asked if anyone present, citizens or Board members, wanted to remove any items from the Consent agenda. Citizen participation: Peggy Grice, 2254 Eastwood Drive, requested discussion of the Spring Creek Farms North PDP; therefore, this item will be pulled from the Consent agenda and added to the Discussion agenda. ATTACHMENT 6 Planning & Zoning Board December 12, 2013 Page 2 Consent Agenda: 1. Minutes from November 14, 2013 2. Kechter Farm Annexation and Zoning, #ANX130002 4. “Link-N-Greens” Community Commercial – Poudre River Zone District 6. Foothills Mall Redevelopment Phase Two Major Amendment, #MJA130006 Member Hart made a motion to approve the December 12, 2013, Consent agenda as state above (less the Spring Creek Farms North, Fourth Filing Project Development Plan and including the Foothills Mall Redevelopment). Member Kirkpatrick seconded. The motion passed 5:0. Discussion Agenda: 3. Spring Creek Farms North, Fourth Filing Project Development Plan, #PDP130014 5. Front Range Community College Integrated Technology Building Site Plan Advisory Review, #SPA130006 _______ Project: Spring Creek Farms North, Fourth Filing Project Development Plan #PDP130014 Project Description: This is a request to subdivide 15.23 acres into 76 lots for single-family detached homes. The site is located along the west side of Joseph Allen Drive and is approximately 250 feet north of the intersection of Joseph Allen Drive and East Drake Road. A Union Pacific/Southern Pacific rail line is located approximately 75 feet west of the parcel. The project contains approximately 13 acres in the L-M-N, Low Density Mixed-Use Neighborhood zone district and 2 acres in the E, Employment zone district. Recommendation: Approval Member Carpenter recused herself at 6:15pm, due to a conflict of interest with this project. Hearing Testimony, Written Comments and Other Evidence Secretary Sanchez-Sprague stated that an email had been received from Marsha Hultgren and a follow- up response to that email had been sent by City Planner Holland. Member Smith requested that the citizen with the concerns indicate the specifics of those issues (to be marked Exhibit 1). Peggy Grice, 2254 Eastwood Drive, listed her issues with traffic, density, and landscaping. Based on these concerns, Chair Smith requested a full presentation from the City Planner. City Planner Holland gave an executive summary of the development plan, including a diagram of the area and a general overview of the site plan. He discussed the density, the lot sizes, and the percentage of secondary uses. He also discussed the traffic considerations, which are consistent with the overall development plan. He stated that the project took into consideration street enhancements to ensure good connections to Timberline Road and increase neighborhood exits. The traffic analysis did not recommend any additional intersection improvements. Terence Hoagland, Principal of Vignette Studios, a local land planning and landscape architectural firm, stated he was there to represent the applicant on this project. He reviewed the project proposals and stated that the traffic study that had been done had not raised any additional issues. - 1 - ORDINANCE NO. 005, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE KECHTER FARM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2013-097, 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 portion of land lying in the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West and the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39'17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet to the POINT OF BEGINNING; thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: - 2 - thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non- tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 279.35 feet; thence leaving said annexation boundary S 89°58'57” W for a distance of 20.54 feet; thence S 11°25'21” W for a distance of 260.00 feet; thence N 78°34'39” W for a distance of 150.00 feet; thence S 11°25'21” W for a distance of 45.30 feet; thence N 78°34'39" W for a distance of 53.00 feet; thence N 80°44'59" W for a distance of 204.79 feet; thence N 83°58'56” W for a distance of 97.74 feet; thence S 82°34'51” W for a distance of 89.76 feet; thence S 78°22'07” W for a distance of 100.00 feet; thence S 81°54'52” W for a distance of 109.00 feet; thence S 88°26'56” W for a distance of 109.07 feet; thence S 07°14'48” E for a distance of 63.27 feet; thence S 19°34'55” W for a distance of 144.16 feet; thence S 74°00'16” W for a distance of 182.79 feet; thence N 56°34'16” W for a distance of 182.04 feet; thence N 03°57'47” W for a distance of 169.59 feet; thence N 25°04'54” E for a distance of 63.27 feet; thence N 63°13'21” W for a distance of 87.09 feet; thence N 58°02'05” W for a distance of 109.07 feet; thence N 51°29'52” W for a distance of 109.07 feet; thence N 45°09'46” W for a distance of 111.92 feet thence N 32°44'55" W for a distance of 62.13 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1433.00 feet, a chord bearing of S 72°44'15" W and a chord distance of 765.23 feet ; thence Southwesterly along the arc of said curve for a distance of 774.63 feet, through a central angle of 30°58'19" to the - 3 - end of said curve; thence S 44°03'21” W for a distance of 14.30 feet; thence S 00°18'42" E for a distance of 6.76 feet; thence S 89°41'18" W for a distance of 53.00 feet; thence N 00°18'42" W for a distance of 6.76 feet; thence N 44°47'27” W for a distance of 14.27 feet; thence N 89°16'05” W for a distance of 143.03 feet; thence N 89°16'27” W for a distance of 51.92 feet to the boundary of Westchase Annexation No. 2; thence N 00°43'49” E along said annexation boundary for a distance of 66.00 feet; thence leaving said annexation boundary S 89°16'11” E for a distance of 193.74 feet; thence N 45°12'33” E for a distance of 14.01 feet; thence N 00°18'42" W for a distance of 7.34 feet; thence N 89°41'18" E for a distance of 45.49 feet; thence S 45°58'29" E for a distance of 24.47 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 61°39'57" E and a chord distance of 1219.35 feet; thence Northeasterly along the arc of said curve for a distance of 1263.88 feet, through a central angle of 52°58'26" to the end of said curve; thence N 54°49'16" W for a distance of 61.63 feet; thence N 56°41'38" W for a distance of 171.79 feet; thence N 32°35'48" E for a distance of 10.98 feet; thence N 55°48'39" W for a distance of 131.53 feet; thence S 39°52'00" W for a distance of 69.86 feet; thence S 53°22'15" W for a distance of 69.69 feet; thence S 61°28'24" W for a distance of 69.69 feet; thence S 74°53'28" W for a distance of 96.45 feet; thence N 89°49'26” W for a distance of 70.59 feet; thence N 78°09'57” W for a distance of 71.60 feet; thence N 66°54'29” W for a distance of 73.04 feet; thence N 64°06'35” W for a distance of 175.32 feet; thence N 64°06'35” W for a distance of 53.00 feet; thence N 64°06'35” W for a distance of 80.49 feet; thence N 58°02'45” W for a distance of 87.99 feet; thence N 46°06'36” W for a distance of 85.22 feet; thence N 34°03'21” W for a distance of 89.70 feet; thence N 25°28'04” W for a distance of 70.00 feet; thence N 25°03'19” W for a distance of 18.00 feet; thence N 21°33'42” W for a distance of 62.75 feet; thence N 05°28'46” W for a distance of 46.86 feet; thence N 87°51’05” W for a distance of 35.85 feet to the boundary of Poudre School District and Timberline P.U.D. Annexation; thence N 00°43'20” E along said annexation boundary and the aforesaid West line of the South 1/2 for a distance of 720.55 feet to the Point of Beginning, containing 87.85 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 Farm Annexation, 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 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. - 4 - Introduced, considered favorably on first reading, and ordered published this 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 1 - RESOLUTION 2014-001 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE KECHTER FARM ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Kechter Farm Annexation; and WHEREAS, following notice given as required by law, the City 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 City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes. Section 2. That the City 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 City 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 City 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 City Council concludes that the area proposed to be annexed in the Kechter Farm 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 this 7th day of January, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk - 1 - ORDINANCE NO. 006, 2014 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 FARM 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 Kechter Farm Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed Use (“L-M-N”) Zone District, which property is more particularly described as: A portion of land lying in the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West and the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39’17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet to the POINT OF BEGINNING; thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a - 2 - distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non- tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 145.50 feet; thence leaving said annexation boundary N 89°35’08” W for a distance of 112.25 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 400.00 feet, a chord bearing of N 59°38'25" W and a chord distance of 399.34 feet; thence Northwesterly along the arc of said curve for a distance of 418.11 feet, through a central angle of 59°53'26" to the end of said curve; thence N 29°41'42" W for a distance of 235.09 feet to the beginning of a tangent curve, concave to the Southwest and having a radius of 600.00 feet, a chord bearing of N 43°57'30" W and a chord distance of 295.66 - 3 - feet; thence Northwesterly along the arc of said curve for a distance of 298.73 feet, through a central angle of 28°31'37" to the end of said curve; thence N 58°13'19" W for a distance of 367.48 feet; thence S 70°29'49" W for a distance of 92.96 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 479.00 feet, a chord bearing of S 22°27'15" W and a chord distance of 155.21 feet; thence Southwesterly along the arc of said curve for a distance of 155.90 feet, through a central angle of 18°38'52" to the end of said curve; thence S 31°46'41" W for a distance of 210.69 feet to the beginning of a tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of S 33°28'42" W and a chord distance of 81.13 feet; thence Southwesterly along the arc of said curve for a distance of 81.14 feet, through a central angle of 3°24'03" to the end of said curve; thence N 54°49'16" W for a distance of 61.63 feet; thence N 56°41'38" W for a distance of 171.79 feet; thence N 32°35'48" E for a distance of 10.98 feet; thence N 55°48'39" W for a distance of 131.53 feet; thence S 39°52'00" W for a distance of 69.86 feet; thence S 53°22'15" W for a distance of 69.69 feet; thence S 61°28'24" W for a distance of 69.69 feet; thence S 74°53'28" W for a distance of 96.45 feet; thence N 89°49'26” W for a distance of 70.59 feet; thence N 78°09'57” W for a distance of 71.60 feet; thence N 66°54'29” W for a distance of 73.04 feet; thence N 64°06'35” W for a distance of 175.32 feet; thence N 64°06'35” W for a distance of 53.00 feet; thence N 64°06'35” W for a distance of 80.49 feet; thence N 58°02'45” W for a distance of 87.99 feet; thence N 46°06'36” W for a distance of 85.22 feet; thence N 34°03'21” W for a distance of 89.70 feet; thence N 25°28'04” W for a distance of 70.00 feet; thence N 25°03'19” W for a distance of 18.00 feet; thence N 21°33'42” W for a distance of 62.75 feet; thence N 05°28'46” W for a distance of 46.86 feet; thence N 87°51’05” W for a distance of 35.85 feet to the boundary of Poudre School District and Timberline P.U.D. Annexation; thence N 00°43'20” E along said annexation boundary and the aforesaid West line of the South 1/2 for a distance of 720.55 feet to the Point of Beginning, containing 56.34 acres, more or less. Section 2. 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 Farm Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property is more particularly described as: A portion of land lying in the Southeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Considering the North line of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado as bearing N 89°39’17" E, with all bearings contained herein relative thereto; COMMENCE at the Northwest corner of the South 1/2 of the Northeast 1/4 of Section 8, Township 6 North, Range 68 West of 6th Principal Meridian, County of Larimer, State of Colorado; thence S 00°43'20" W along the West line of said South 1/2 for a distance of 562.71 feet: thence leaving said West line S 89°16'36” E for a distance of 116.49 feet; thence N 45°30'20” E for a distance of 6.88 feet; thence N 00°17'17" E for a distance of 1.18 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a - 4 - distance of 1.83 feet; thence S 44°29'40" E for a distance of 6.78 feet; thence S 89°36'13" E for a distance of 202.42 feet; thence N 44°54'01" E for a distance of 6.85 feet; thence N 00°17'17" E for a distance of 1.90 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 2.04 feet; thence S 89°42'43" E for a distance of 91.00 feet; thence S 00°17'17" W for a distance of 1.17 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 1.93 feet; thence S 89°42'43" E for a distance of 71.00 feet; thence S 00°17'17" W for a distance of 1.28 feet; thence S 45°01'43" E for a distance of 6.55 feet; thence N 89°39'17" E for a distance of 202.56 feet; thence N 44°58'17" E for a distance of 6.82 feet; thence N 00°17'17" E for a distance of 17.45 feet; thence S 89°42'43" E for a distance of 62.00 feet; thence N 89°39'17" E for a distance of 114.78 feet to the boundary of Kinard Junior High School Annexation; thence along said annexation boundary the following courses and distances: thence S 00°17'17" W for a distance of 80.60 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 519.99 feet, a chord bearing of S 30°27'06" E and a chord distance of 531.58 feet; thence Southeasterly along the arc of said curve for a distance of 557.96 feet, through a central angle of 61°28'46" to the end of said curve; thence S 59°37'25" E for a distance of 149.72 feet to the beginning of a non-tangent curve, concave to the Southeast and having a radius of 566.99 feet, a chord bearing of N 51°28'41" E and a chord distance of 444.72 feet; thence Northeasterly along the arc of said curve for a distance of 456.99 feet, through a central angle of 46°10'49" to the beginning of a tangent curve, concave to the South and having a radius of 386.99 feet, a chord bearing of N 87°45'14” E and a chord distance of 176.55 feet; thence Easterly along the arc of said curve for a distance of 178.11 feet, through a central angle of 26°22'14" to the beginning of a tangent curve, concave to the North and having a radius of 430.99 feet, a chord bearing of S 84°41'54” E and a chord distance of 84.68 feet; thence Easterly along the arc of said curve for a distance of 84.81 feet, through a central angle of 11°16'30" to the end of said curve; thence N 89°39'51” E for a distance of 231.39 feet to the boundary of Fossil Lake Annexation No. 3; thence leaving said Kinard Junior High School Annexation boundary S 00°16'47” W along said Fossil Lake Annexation No. 3 boundary for a distance of 242.20 feet; thence leaving said Fossil Lake Annexation No. 3 boundary N 89°43'04” W for a distance of 354.73 feet; thence S 00°16'47” W for a distance of 457.21 feet; thence S 51°11'51” W for a distance of 185.49 feet; thence S 37°57'47” E for a distance of 53.54 feet; thence S 33°50'51” E for a distance of 53.54 feet; thence S 29°48'30” E for a distance of 251.66 feet; thence S 32°23'50” E for a distance of 42.66 feet; thence S 41°24'21” E for a distance of 39.96 feet; thence S 50°24'39” E for a distance of 39.96 feet; thence S 59°24'58” E for a distance of 39.96 feet; thence S 68°25'17” E for a distance of 39.96 feet; thence S 77°25'36” E for a distance of 39.96 feet; thence S 86°30'32” E for a distance of 42.27 feet; thence S 89°35'08” E for a distance of 50.00 feet; thence S 89°35'11” E for a distance of 23.94 feet to the aforesaid boundary of Fossil Lake Annexation No. 3; thence S 00°24'49” W along said annexation boundary for a distance of 145.50 feet to the POINT OF BEGINNING; thence continue S 00°24'49” W along said East line for a - 5 - distance of 133.62 feet; thence leaving said annexation boundary S 89°58'57” W for a distance of 20.54 feet; thence S 11°25'21” W for a distance of 260.00 feet; thence N 78°34'39” W for a distance of 150.00 feet; thence S 11°25'21” W for a distance of 45.30 feet; thence N 78°34'39" W for a distance of 53.00 feet; thence N 80°44'59" W for a distance of 204.79 feet; thence N 83°58'56” W for a distance of 97.74 feet; thence S 82°34'51” W for a distance of 89.76 feet; thence S 78°22'07” W for a distance of 100.00 feet; thence S 81°54'52” W for a distance of 109.00 feet; thence S 88°26'56” W for a distance of 109.07 feet; thence S 07°14'48” E for a distance of 63.27 feet; thence S 19°34'55” W for a distance of 144.16 feet; thence S 74°00'16” W for a distance of 182.79 feet; thence N 56°34'16” W for a distance of 182.04 feet; thence N 03°57'47” W for a distance of 169.59 feet; thence N 25°04'54” E for a distance of 63.27 feet; thence N 63°13'21” W for a distance of 87.09 feet; thence N 58°02'05” W for a distance of 109.07 feet; thence N 51°29'52” W for a distance of 109.07 feet; thence N 45°09'46” W for a distance of 111.92 feet thence N 32°44'55" W for a distance of 62.13 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1433.00 feet, a chord bearing of S 72°44'15" W and a chord distance of 765.23 feet ; thence Southwesterly along the arc of said curve for a distance of 774.63 feet, through a central angle of 30°58'19" to the end of said curve; thence S 44°03'21” W for a distance of 14.30 feet; thence S 00°18'42" E for a distance of 6.76 feet; thence S 89°41'18" W for a distance of 53.00 feet; thence N 00°18'42" W for a distance of 6.76 feet; thence N 44°47'27” W for a distance of 14.27 feet; thence N 89°16'05” W for a distance of 143.03 feet; thence N 89°16'27” W for a distance of 51.92 feet to the boundary of Westchase Annexation No. 2; thence N 00°43'49” E along said annexation boundary for a distance of 66.00 feet; thence leaving said annexation boundary S 89°16'11” E for a distance of 193.74 feet; thence N 45°12'33” E for a distance of 14.01 feet; thence N 00°18'42" W for a distance of 7.34 feet; thence N 89°41'18" E for a distance of 45.49 feet; thence S 45°58'29" E for a distance of 24.47 feet to the beginning of a non-tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 61°39'57" E and a chord distance of 1219.35 feet; thence Northeasterly along the arc of said curve for a distance of 1263.88 feet, through a central angle of 52°58'26" to the end of said curve; thence along a tangent curve, concave to the Northwest and having a radius of 1367.00 feet, a chord bearing of N 54°49’16” E and a chord distance of 81.13 feet; thence Northeasterly along the arc of said curve for a distance of 81.14 feet, through a central angle of 3°24’03"to the end of said curve; thence N 31°46'41" E for a distance of 210.69 feet to the beginning of a tangent curve, concave to the Northwest and having a radius of 479.00 feet, a chord bearing of N 22°27'15" E and a chord distance of 155.21 feet; thence Northeasterly along the arc of said curve for a distance of 155.90 feet, through a central angle of 18°38'52" to the end of said curve; thence N 70°29'49" E for a distance of 92.96 feet ; thence S 58°13'19" E for a distance of 367.48 feet to the beginning of a tangent curve, concave to the Southwest and having a radius of 600.00 feet, a chord bearing of S 43°57'30" E and a chord distance of 295.66 feet; thence Southeasterly along the arc of said curve for a distance of 298.73 feet, through a central angle of 28°31'37" to the end of said curve; thence S 29°41'42" E for a distance of 235.09 feet to the beginning of a tangent curve, concave to the Northeast and having a radius of 400.00 feet, a chord bearing of S 59°38'25" E and a chord distance of 399.34 feet; thence Southeasterly along the arc of said curve for a distance of 418.11 feet, through a central - 6 - angle of 59°53'26" to the end of said curve; thence S 89°35’08” E for a distance of 112.25 feet to the Point of Beginning, containing 31.51 acres, more or less. Section 3. That, in accordance with Section 2.9.4(I) of the Land Use Code, the aforesaid zoning is conditioned upon compliance with that certain Intergovernmental Agreement Regarding Cooperation on Managing Urban Development, originally adopted May 1, 1980, and amended November, 2000 (“IGA”), and the Larimer County Land Use Code Supplementary Regulations, Section 15.2.2 et seq, and the General Development Plan (“GDP”) and Planned Development zoning approved by Larimer County on December 10, 2012. Accordingly, this zoning will only be applicable if and to the extent that the development contemplated by the GDP is actually constructed in accordance with the GDP. If it is not so constructed, and if such deviation from the GDP is substantial enough to require a Major Amendment under the provisions of the Land Use Code, then this conditional zoning will no longer be applicable, and the property will be required to be processed through such applications under the Land Use Code as would be required if the property were zoned U-E and L-M-N without conditions. Furthermore, the portion of the property within the L-M-N zone district designated as “Commercial” (in the northeastern corner of the property) shall, in any event, be required to obtain approval by the City of a Project Development Plan pursuant to the Land Use Code. Section 4. 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 5. 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 7th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 7 - Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk