Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/01/2011 - ITEMS RELATING TO THE COURTNEY ANNEXATION AND ZONIDATE: November 1, 2011 STAFF: Steve Olt AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT Items Relating to the Courtney Annexation and Zoning. A. Resolution 2011-097 Setting Forth Findings of Fact and Determinations Regarding the Courtney Annexation. B. Hearing and First Reading of Ordinance No. 151, 2011, Annexing Property Known as the Courtney Annexation to the City of Fort Collins. C. Hearing and First Reading of Ordinance No. 152, 2011, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Courtney Annexation to the City of Fort Collins. EXECUTIVE SUMMARY This is a request to annex and zone 3.13 acres located east of Ziegler Road and south of East Horsetooth Road. The property is Lot 3 of the Strobel M.R.D. and is addressed as 3256 Nite Court, which is at the east end of Charlie Lane. Portions of street right-of-way for Nite Court and Charlie Lane are included in the annexation boundary. This is a 100% voluntary annexation. The property is developed and is in the FA1 - Farming District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this property is already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. The subject property is in an established residential area. BACKGROUND / DISCUSSION The applicants, C. Scott and Nancy E. Courtney, being the property owners, have submitted a written petition requesting annexation of 3.13 acres located east of Ziegler Road at the east end of Charlie Lane and south of East Horsetooth Road. Portions of street right-of-way for Nite Court and Charlie Lane are included in the annexation boundary. The property is developed and is in the FA1 - Farming District in Larimer County. The requested zoning for this annexation is UE – Urban Estate. The surrounding properties are currently zoned FA1 – Farming in the Larimer County to the north, east and south; and, UE – Urban Estate in the City to the west. This is a 100% voluntary annexation. The property is located within the Fort Collins Growth Management Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. This property gains the required 1/6 contiguity to existing City limits from common boundaries with the Strobel Annexation (April, 1992) and the Wild West Annexation (August, 1994) to the west. The surrounding zoning and land uses are as follows: N: FA-1 in Larimer County; existing residential E: FA-1 in Larimer County; undeveloped S: FA-1 in Larimer County; existing residential W: UE in the City of Fort Collins; existing residential, church November 1, 2011 -2- ITEM 20 The requested zoning for this annexation is the UE – Urban Estate District. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The adopted City Structure Plan, a part of the Comprehensive Plan (City Plan), identifies that Urban Estate is appropriate in this location. The request is in conformance with the State of Colorado Revised Statutes as they relate to annexations and the City of Fort Collins Land Use Code. 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 property meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On September 20, 2011, the City Council approved Resolution 2011-088 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. 4. The requested UE – Urban Estate Zoning District is in conformance with the policies of the City's Comprehensive Plan. 5. The request is in conformance with the City of Fort Collins Land Use Code. FINANCIAL / ECONOMIC IMPACTS No direct financial impacts result from the proposed annexation and zoning. The property is developed at the present time, containing a single-family residence. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. Staff recommends that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary as this property is already in the District. The “Residential Neighborhood Sign District” was established for the purpose of regulating signs for nonresidential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. The subject property is in an established residential area. BOARD / COMMISSION RECOMMENDATION Following the Planning and Zoning Board’s regular meeting on October 20, 2011, at which the Board held a hearing on this annexation and zoning, it was discovered that, through no fault of the applicant, notice of the hearing was not mailed to affected property owners as required by the Land Use Code. Therefore, a special Planning and Zoning Board meeting has been scheduled for November 3, 2011 for the Board to rehear this item. In order to avoid delay of this annexation, the Planning and Zoning Board’s recommendation addressing the issues of the annexation, the placing of the property into the U-E, Urban Estate zone district and inclusion into the Residential Neighborhood Sign District will be forwarded to City Council prior to the Council’s public hearing on Second Reading on November 15, 2011. November 1, 2011 -3- ITEM 20 PUBLIC OUTREACH Public notification of a Planning and Zoning Board special meeting on November 3, 2011, for the purpose of holding a hearing on the zoning request, has been given via a letter of notification of the public hearing (containing date, time, and place for the hearing and a description of the request) mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. A neighborhood meeting is not required for annexation of property and no meeting was held for this annexation and zoning request. ATTACHMENTS 1. Vicinity Map 2. City Zoning Map (partial) 3. City Structure Plan (partial) ATTACHMENT 2 ATTACHMENT 3 RESOLUTION 2011-097 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE COURTNEY ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the City Council for property to be known as the Courtney 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 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 Courtney 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 1st day of November A.D. 2011. Mayor ATTEST: City Clerk ORDINANCE NO. 151, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE COURTNEY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2011-088, 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: Lot 3, Strobel M.R.D. No. S-60-87, and a portion of Charlie Lane and Nite Court, situate in the Northwest 1/4 of Section 33, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, being more particularly described as follows: considering the North line of said Lot 3, Strobel M.R.D. No. S-60-87 as bearing S89°33'00"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast corner of said Lot 3 and run thence along the East line of said Lot 3, S20°31'30"E 193.45 feet to the Southeast Corner of said Lot 3; thence along the South line of said Lot 3, N89°33'00"W 605.44 feet to a point on the existing Easterly right-of-way line of Nite Court; thence along said existing Easterly right-of-way line, S00°27'00"W 15.59 feet, and again along the arc of a 70.00 foot radius curve concave to the Northeast a distance of 77.34 feet, whose central angle is 63°18'00", the long chord of which bears S31°12'00"E 73.46 feet, and again along the arc of a 130.00 foot radius curve concave to the Southwest a distance of 138.06 feet, whose central angle is 60°51'00", the long chord of which bears S32°25'30"E 131.67 feet, and again along the arc of a 40.00 foot radius curve concave to the Northwest a distance of 52.72 feet, whose central angle is 75°31'05", the long chord of which bears S35°45'32"W 48.99 feet; thence departing said existing Easterly right-of-way line, N02°00'16"W 38.73 feet to the centerline of Nite Court; thence along said centerline, along the arc of a 100.00 foot radius curve concave to the Southwest a distance of 106.20 feet, whose central angle is 60°51'00", the long chord of which bears N32°25'30"W 101.28 feet, and again along the arc of a 100.00 foot radius curve concave to the Northeast a distance of 110.48 feet, whose central angle is 63°18'00", the long chord of which bears N31°12'00"W 104.95 feet, and again N00°27'00"E 15.59 feet to a point on the existing South right-of-way line of Charlie Lane; thence along said existing South right-of--way line, N89°33'00"W 265.54 feet; thence departing said existing South right-of-way line, N00°00'00"E 57.48 feet to a point on the existing North right-of- way line of Charlie Lane; thence along said existing North right-of-way line, along the arc of a 270.00 foot radius curve concave to the South a distance of 36.95 feet, whose central angle is 07°50'25", the long chord of which bears N86°31'48"E 36.92 feet, and again S89°33'00"E 233.75 feet; thence departing said existing North right- of-way line, along the arc of a 15.00 foot radius curve concave to the Northwest a distance of 28.08 feet, whose central angle is 107°15'00", the long chord of which bears N36°49'30"E 24.15 feet to a point on the existing right-of-way line of Nite Court; thence along said existing right-of-way line, N16°48'00"W 56.63 feet, and again along the arc of a 50.00 foot radius curve concave to the South a distance of 218.50 feet, whose central angle is 250°22'48", the long chord of which bears N55°15'36"E 81.72 feet to a point on the North line of said Lot 3; thence along said North line, S89°33'00"E 497.28 feet to the point of beginning, containing 3.1295 acres, more or less. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Courtney 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. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- Passed and adopted on final reading on the 15th day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- ORDINANCE NO. 152, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE COURTNEY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the Zoning Map and Zone Districts of the City; and WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes procedures and criteria for reviewing the zoning of land; and WHEREAS, in accordance with the foregoing, the City Council has considered the zoning of the property which is the subject of this ordinance, and has determined that said property should be zoned as hereafter provided. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section 1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including the property known as the Courtney Annexation to the City of Fort Collins, Colorado, in the Urban Estate (“U-E”) Zone District, which property is more particularly described to wit: Lot 3, Strobel M.R.D. No. S-60-87, and a portion of Charlie Lane and Nite Court, situate in the Northwest 1/4 of Section 33, Township 7 North, Range 68 West of the Sixth P.M., County of Larimer, State of Colorado, being more particularly described as follows: considering the North line of said Lot 3, Strobel M.R.D. No. S-60-87 as bearing S89°33'00"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast corner of said Lot 3 and run thence along the East line of said Lot 3, S20°31'30"E 193.45 feet to the Southeast Corner of said Lot 3; thence along the South line of said Lot 3, N89°33'00"W 605.44 feet to a point on the existing Easterly right-of-way line of Nite Court; thence along said existing Easterly right-of-way line, S00°27'00"W 15.59 feet, and again along the arc of a 70.00 foot radius curve concave to the Northeast a distance of 77.34 feet, whose central angle is 63°18'00", the long chord of which bears S31°12'00"E 73.46 feet, and again along the arc of a 130.00 foot radius curve concave to the Southwest a distance of 138.06 feet, whose central angle is 60°51'00", the long chord of which bears S32°25'30"E 131.67 feet, and again along the arc of a 40.00 foot radius curve concave to the Northwest a distance of 52.72 feet, whose central angle is 75°31'05", the long chord of which bears S35°45'32"W 48.99 feet; thence departing said existing Easterly right-of-way line, N02°00'16"W 38.73 feet to the centerline of Nite Court; thence along said centerline, along the arc of a 100.00 foot radius curve concave to the Southwest a distance of 106.20 feet, whose central angle is 60°51'00", the long chord of which bears N32°25'30"W 101.28 feet, and again along the arc of a 100.00 foot radius curve concave to the Northeast a distance of 110.48 feet, whose central angle is 63°18'00", the long chord of which bears N31°12'00"W 104.95 feet, and again N00°27'00"E 15.59 feet to a point on the existing South right-of-way line of Charlie Lane; thence along said existing South right-of--way line, N89°33'00"W 265.54 feet; thence departing said existing South right-of-way line, N00°00'00"E 57.48 feet to a point on the existing North right-of- way line of Charlie Lane; thence along said existing North right-of-way line, along the arc of a 270.00 foot radius curve concave to the South a distance of 36.95 feet, whose central angle is 07°50'25", the long chord of which bears N86°31'48"E 36.92 feet, and again S89°33'00"E 233.75 feet; thence departing said existing North right- of-way line, along the arc of a 15.00 foot radius curve concave to the Northwest a distance of 28.08 feet, whose central angle is 107°15'00", the long chord of which bears N36°49'30"E 24.15 feet to a point on the existing right-of-way line of Nite Court; thence along said existing right-of-way line, N16°48'00"W 56.63 feet, and again along the arc of a 50.00 foot radius curve concave to the South a distance of 218.50 feet, whose central angle is 250°22'48", the long chord of which bears N55°15'36"E 81.72 feet to a point on the North line of said Lot 3; thence along said North line, S89°33'00"E 497.28 feet to the point of beginning, containing 3.1295 acres, more or less. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins is hereby changed and amended by showing that the above- described property is included in the Residential Neighborhood Sign District. Section 3. That the City Manager is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -2- Passed and adopted on final reading on the 15th day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3-