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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2001 - ITEMS RELATING TO THE PINERIDGE FIFTH ANNEXATION A AGENDA ITEM SUMMARY ITEM NUMBER: 28 A-C DATE: November 6, 2001 FORT COLLINS CITY COUNCIL STAFF: Troy W. Jones SUBJECT: Items Relating to the Pineridge Fifth Annexation and Zoning. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY: Pineridge Fifth Annexation and Zoning Resolution and Ordinances: A. Resolution 2001-148 Setting Forth Findings of Fact and Determinations Regarding the Pineridge Fifth Annexation. B. Hearing and First Reading of Ordinance No. 183, 2001, Annexing Property Known as the Pineridge Fifth Annexation to The City of Fort Collins. C. Hearing and First Reading of Ordinance No. 184, 2001, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Pineridge Fifth Annexation. BACKGROUND: This is a request for a 100% voluntary annexation. The site is approximately 4.76 acres of publicly owned property located southeast of Hughes Stadium including a portion of the South Overland Trail and County Road 42C rights of way, and small piece of the Pineridge Natural Area . The recommended zoning is Public Open Lands (POL). When the Urban Growth Area boundary was originally established in this location, it was intended to follow the alignment of County Road 42C so that all land just south of County Road 42C and just west of Overland Trail were designated to be within the Urban Growth Area (UGA). The UGA boundary, however, was inadvertently placed in such a manner that a small triangular piece of ground immediately southwest of the intersection of Overland Trail and County Road 42C was placed outside the UGA, therefore, this property is located just outside the Fort Collins Urban Growth Area(UGA). According to policies and agreements between the City of Fort Collins and Larimer County, contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA (Last Amended DATE: November 6, 2001 2 ITEM NUMBER• FA-CNovember 2000), the City may annex property outside the UGA, provided the pro eligible for annexation according to Colorado Revised Statutes (CRS). Contiguity This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing city limits. The Pineridge Natural Area Fifth Annexation and Zoning complies with this standard since the property has 1229.5 feet of its total boundary of approximately 3531 feet contiguous to the existing City limits. This meets the minimum 588 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Pineridge 3rd Annexation (January 1999). Zoning The property is currently zoned FAl-Farming District in Latimer County. The requested zoning for this annexation is the Public Open Lands District(POL). The City's adopted Structure Plan, a part of City Plan, designates the site Campus District. Colorado State University does not own any of the land south of County Road 42C (but they do own the Hughs Stadium site just north of the road), so it appears that Campus District was inadvertently assigned to the property. The standard treatment of such specific lines on the Structure Plan is that there is an inherent amount of flexibility on a site specific basis. A zoning designation of POL is therefore consistent with the Structure Plan designation. The Planning and Zoniniz Board Hearing The Planning and Zoning Board recommended approval of the proposed Pineridge Fifth Annexation by a vote of 5 -0 at its regular meeting on October 18, 2001. • RESOLUTION 2001-123 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE PINERIDGE FIFTH ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Pineridge Fifth 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 Pineridge Fifth 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 6th day of November, A.D. 2001. Mayor ATTEST: City Clerk • ORDINANCE NO. 183, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE PINERIDGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2001-123,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: A TRACT OF LAND SITUATE IN THE SOUTHEAST 1/4 OF SECTION 20 AND THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 20 AS BEARING N 00"12'55" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTH 1/16 CORNER OF SAID SECTIONS 20 AND 21, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE S 89°47'05" E 30.00 FEET ON AND ALONG THE SOUTH 1/16 LINE OF SAID SOUTHWEST 1/4 OF SECTION 21,ALSO BEING THE NORTHERLY LINE OF THE PINE RIDGE THIRD ANNEXATION TO THE CITY OF FORT COLLINS,TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH OVERLAND TRAIL;THENCE,N 00°12'55" E 700.00 FEET ON AND ALONG SAID EAST RIGHT-OF-WAY LINE OF SOUTH OVERLAND TRAIL;THENCE,N 89°47'05"W 30.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF SECTION 21; THENCE, N 89°47'03" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH OVERLAND TRAIL; THENCE, S 00`12'55" W 456.97 FEET ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID OVERLAND TRAIL TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 42C; THENCE, S 78°24'24" W 1114.50 FEET ON AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 42C TO A POINT OF INTERSECTION WITH SAID PINE RIDGE THIRD ANNEXATION; THENCE, S I1")5'36" E 60.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID PINE RIDGE THIRD ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 42C, ALSO BEING THE INTERSECTION WITH THE 1/16 LINE OF SAID SOUTHEAST 1/4 OF SECTION 20; THENCE, N 87°57'14" E 1109.50 FEET ON AND ALONG SAID 1/16 LINE TO THE 1/16 CORNER OF SAID SOUTHEAST 1/4 OF SECTION 20, ALSO BEING THE NORTHERLY LINE OF SAID PINE RIDGE ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 4.76 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 Pineridge Fifth Annexation. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines,gas mains,electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 6th day of November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 184, 2001 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 PINERIDGE FIFTH 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 Pineridge Fifth Annexation to the City of Fort Collins, Colorado, in the POL (Public Open Lands) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE SOUTHEAST 1/4 OF SECTION 20 AND THE SOUTHWEST 1/4 OF SECTION 21, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 20 AS BEARING N 00°12'55" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTH 1/16 CORNER OF SAID SECTIONS 20 AND 21, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE S 89°47'05" E 30.00 FEET ON AND ALONG THE SOUTH 1/16 LINE OF SAID SOUTHWEST 1/4 OF SECTION 21,ALSO BEING THE NORTHERLY LINE OF THE PINE RIDGE THIRD ANNEXATION TO THE CITY OF FORT COLLINS,TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF SOUTH OVERLAND TRAIL;THENCE,N 00`12'55" E 700.00 FEET ON AND ALONG SAID EAST RIGHT-OF-WAY LINE OF SOUTH OVERLAND TRAIL;THENCE,N 89`47'05"W 30.00 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF SAID SOUTHWEST 1/4 OF SECTION 21; THENCE, N 89"47'03" W 30.00 FEET TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH OVERLAND TRAIL;THENCE, S 00°12'55" W 456.97 FEET ON AND ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID OVERLAND TRAIL TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 42C; THENCE, S 78°24'24" W 1114.50 FEET ON AND ALONG THE NORTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 42C TO A POINT OF INTERSECTION WITH SAID PINE RIDGE THIRD ANNEXATION; THENCE, S 11°35'36" E 60.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID PINE RIDGE THIRD ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 42C, ALSO BEING THE INTERSECTION WITH THE 1/16 LINE OF SAID SOUTHEAST 1/4 OF SECTION 20; THENCE, N 87°57'14" E 1109.50 FEET ON AND ALONG SAID 1/16 LINE TO THE 1/16 CORNER OF SAID SOUTHEAST 1/4 OF SECTION 20, ALSO BEING THE NORTHERLY LINE OF SAID PINE RIDGE ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 4.76 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 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 6th day of November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of November,A.D. 2001. 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