HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/15/2011 - ITEMS RELATING TO THE LEISTIKOW ANNEXATION AND ZONDATE: November 15, 2011
STAFF: Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 29
SUBJECT
Items Relating to the Leistikow Annexation and Zoning.
A. Second Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow Annexation to the
City of Fort Collins.
B. Hearing and First Reading of Ordinance No. 154, 2011, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Leistikow Annexation to the City of Fort
Collins.
EXECUTIVE SUMMARY
Ordinance No. 153, 2011, adopted on First Reading by a vote of 5-1 (nays: Ohlson) annexes the Leistikow parcel.
The parcel is 18.04 acres located east of Timberline Road and south of Trilby Road. The property is a portion of the
Leistikow Amended Minor Residential Division as approved in Larimer County and addressed as 6732 South
Timberline Road. Contiguity with the existing municipal boundary is gained along the entire northern boundary which
is shared with the Westchase P.U.D. The Annexation includes a condition such that if the property develops as a
residential land use, the owner shall request disconnection from City so that Larimer County would then be able to
implement its Transfer of Density Units program. The effective term of this condition is ten years.
Ordinance No. 154, 2011, will place the property in the U-E, Urban Estate Zone District, in conformance with the City’s
Structure Plan Map and the Fossil Creek Reservoir Area Plan.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance No. 153, 2011 on Second Reading and Ordinance No. 154, 2011 on First
Reading.
BOARD / COMMISSION RECOMMENDATION
On November 3, 2011, the Planning and Zoning Board voted unanimously to recommend the Leistikow Annexation
be placed in the UE – Urban Estate Zoning District.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - November 1, 2011
(w/o attachments)
2. Vicinity Map
3. Zoning Map
4. Structure Plan Map
5. Planning and Zoning Board minutes, October 20, 2011 and November 3, 2011
6. Graphic provided by Applicant at November 1, 2011 Council meeting
7. Powerpoint presentation
This annexation request is in conformance with the Colorado Revised Statutes, City of Fort Collins Comprehensive
Plan, Land Use Code and the Intergovernmental Agreement between the City of Fort Collins and Larimer County.
There are no known controversies associated with this annexation.
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W I T H D R A W N
ATTACHMENT 1
DATE: November 1, 2011
STAFF: Ted Shepard
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 21
SUBJECT
Items Relating to the Leistikow Annexation and Zoning.
A. Resolution 2011-098 Setting Forth Findings of Fact and Determinations Regarding the Leistikow Annexation.
B. Hearing and First Reading of Ordinance No. 153, 2011, Annexing Property Known as the Leistikow
Annexation to the City of Fort Collins.
C. Hearing and First Reading of Ordinance No. 154, 2011, Amending the Zoning Map of the City of Fort Collins
and Classifying for Zoning Purposes the Property Included in the Leistikow Annexation to the City of Fort
Collins.
EXECUTIVE SUMMARY
This is a request to annex and zone the Leistikow parcel. The parcel is 18.04 acres located east of Timberline Road
and south of Trilby Road. The property is a portion of the Leistikow Amended Minor Residential Division as approved
in Larimer County and addressed as 6732 South Timberline Road.
Contiguity with the existing municipal boundary is gained along the entire northern boundary which is shared with the
Westchase P.U.D. The recommended zoning is U-E, Urban Estate in conformance with the City’s Structure Plan Map
and the Fossil Creek Reservoir Area Plan. The Annexation includes a condition such that if the property develops as
a residential land use, the owner shall request disconnection from City so that Larimer County would then be able to
implement its Transfer of Density Units program. The effective term of this condition is ten years.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for a property located within the Growth Management Area. Of the total property
perimeter, 25% is contiguous to the existing City boundary thus satisfying the requirement that no less than one-sixth
of the perimeter boundary be contiguous.
According to the policies and agreements between the City of Fort Collins and Larimer County, the City will agree to
consider annexation of property in the Growth Management Area when the property is eligible for annexation under
state law.
The surrounding zoning and land uses are as follows:
N: L-M-N; Westchase P.U.D.
N: U-E; Westchase P.U.D.
E: FA-1; (Larimer County) Leflar M.R.D.
S: FA-1; (Larimer County) Leistikow Amended M.R.D.
W: FA-1; (Larimer County) Paragon Estates P.U.D.
This annexation request is in conformance with the Colorado Revised Statutes, City of Fort Collins Comprehensive
Plan, Land Use Code and the Intergovernmental Agreement between the City of Fort Collins and Larimer County.
There are no known controversies associated with this annexation.
COPY
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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.
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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 Structure Map (partial)
3. City Zoning Plan (partial)
Leistikow Leistikow AAnnnneexxaattiioonn
Site Vicinity & Context Map
FOSSIL CREEK
RESERVOIR
Leistikow
Annexation
18.03 ACRES
Zoned UE
FOSSIL CREEK
RESERVOIR
Rock Castle Lane
S. Timberline Road
Current
City of Fort Collins
City Limits
Trilby Road
Larimer County
Zoned FA-1
Rural Residential
Larimer County
Zoned FA-1
Larimer County
Zoned FA-1
Residential
Larimer County
Zoned FA-1/PUD Rural Residential
Larimer County
Zoned FA-1
Residential
Zoned LMN/UE
(City)
Existing Church,
Day Care & Fire
Station
Residential
Zoned LMN
(City)
Leistikow
MRD-County
Zoned FA-1
ATTACHMENT 6
1
1
2
ATTACHMENT 7
2
3
ORDINANCE NO. 153, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
LEISTIKOW ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2011-087, 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:
Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD
and a portion of the existing right-of-way of Timberline Road situate in Sections 17
and 18, Township 6 North, Range 68 West of the 6th P.M. Larimer County, Colorado
being more particularly described as follows:
Beginning at the Northwest Corner of said Section 17, and considering the North line
of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing
South 89<56’00” East and with all bearings contained herein relative thereto; thence
along said North line, South 89<56’00” East 785.96 feet to the True Point of
Beginning, said point being a point on the South line of Westchase Annexation No.
2 to the City of Fort Collins according to the plat on file in the office of the Clerk and
Recorder said County; thence along said South line, South 89<56’00” East 140.27
feet; thence departing said South line, South 00<04’00” West 91.40 feet; thence
South 75<01’11” West 126.44 feet; thence South 14<58’49” East 95.52 feet to the
beginning of a tangent curve concave to the Northwest having a central angle of
98<02’18” and a radius of 528.00 feet; thence Southwesterly along the arc of said
curve 903.46 feet; thence departing said curve, South 07<22’24” East 175.33 feet;
thence South 89<54’32” West 467.79 feet to a point on the West right-of-way line of
said Timberline Road; thence along said West right-of-way line the following
courses and distances, North 00<09’18” East 55.71 feet; thence South 89<54’44”
East 10.00 feet; thence North 00<09’18” East 959.03 feet to a point on the South line
of said Westchase Annexation No. 2; thence along said South line South 89<56’00”
East 273.04 feet to the beginning of a tangent curve concave to the Northwest having
a central angle of 2<27’15” and a radius of 512.50 feet; thence Northeasterly along
the arc of said curve 21.95 feet to the end of said curve; thence tangent from said
curve North 87<36’45” East 95.36 feet to the beginning of a tangent curve concave
to the Southeast having a central angle of 2<27’15” and a radius of 487.50 feet;
thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve;
thence tangent from said curve, South 89<56’00” East 207.42 feet to the beginning
of a tangent curve concave to the Northwest having a central angle of 17<15’28” and
a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet
to the True Point of Beginning.
The above described parcel contains 18.035 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
Leistikow 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 this annexation into the City of Fort Collins is conditioned upon the
subject property developing as a non-residential land use. If the property is to be developed as a
residential use, then the owner, successors or assigns shall request disconnection of the subject
property from the City of Fort Collins so that Larimer County would have subdivision and zoning
jurisdiction and allow for the implementation of the Transfer of Density Units Program. This
condition shall be in effect for a period of ten (10) years following the effective date of 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-
ORDINANCE NO. 154, 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 LEISTIKOW 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 Leistikow Annexation to the City of Fort Collins, Colorado, in the Urban
Estate (“U-E”) Zone District, which property is more particularly described as:
Legal description of a parcel of land being Lot 2, of the Amended Leistikow MRD
and a portion of the existing right-of-way of Timberline Road situate in Sections 17
and 18, Township 6 North, Range 68 West of the 6th P.M. Larimer County, Colorado
being more particularly described as follows:
Beginning at the Northwest Corner of said Section 17, and considering the North line
of the Northwest Quarter of the Northwest Quarter of said Section 17 as bearing
South 89<56’00” East and with all bearings contained herein relative thereto; thence
along said North line, South 89<56’00” East 785.96 feet to the True Point of
Beginning, said point being a point on the South line of Westchase Annexation No.
2 to the City of Fort Collins according to the plat on file in the office of the Clerk and
Recorder said County; thence along said South line, South 89<56’00” East 140.27
feet; thence departing said South line, South 00<04’00” West 91.40 feet; thence
South 75<01’11” West 126.44 feet; thence South 14<58’49” East 95.52 feet to the
beginning of a tangent curve concave to the Northwest having a central angle of
98<02’18” and a radius of 528.00 feet; thence Southwesterly along the arc of said
curve 903.46 feet; thence departing said curve, South 07<22’24” East 175.33 feet;
thence South 89<54’32” West 467.79 feet to a point on the West right-of-way line of
said Timberline Road; thence along said West right-of-way line the following
courses and distances, North 00<09’18” East 55.71 feet; thence South 89<54’44”
East 10.00 feet; thence North 00<09’18” East 959.03 feet to a point on the South line
of said Westchase Annexation No. 2; thence along said South line South 89<56’00”
East 273.04 feet to the beginning of a tangent curve concave to the Northwest having
a central angle of 2<27’15” and a radius of 512.50 feet; thence Northeasterly along
the arc of said curve 21.95 feet to the end of said curve; thence tangent from said
curve North 87<36’45” East 95.36 feet to the beginning of a tangent curve concave
to the Southeast having a central angle of 2<27’15” and a radius of 487.50 feet;
thence Northeasterly along the arc of said curve 20.88 feet to the end of said curve;
thence tangent from said curve, South 89<56’00” East 207.42 feet to the beginning
of a tangent curve concave to the Northwest having a central angle of 17<15’28” and
a radius of 733.00 feet; thence Northeasterly along the arc of said curve 220.78 feet
to the True Point of Beginning.
The above described parcel contains 18.035 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 15th day of
November, A.D. 2011, and to be presented for final passage on the 6th day of December, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 6th day of December, A.D. 2011.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk