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COUNCIL - AGENDA ITEM - 10/07/2014 - ITEMS RELATING TO THE CLYDESDALE PARK FIRST AND SE
Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY October 7, 2014 City Council STAFF Jason Holland, City Planner SUBJECT Items Relating to the Clydesdale Park First and Second Annexations. EXECUTIVE SUMMARY A. Resolution 2014-084 Setting Forth Findings of Fact and Determinations Regarding the Clydesdale Park First Annexation. B. Hearing and First Reading of Ordinance No. 131, 2014, Annexing Property Known as the Clydesdale Park First Annexation. C. First Reading of Ordinance No. 132, 2014, Amending the Zoning Map and Classifying for Zoning Purposes the Property included in the Clydesdale Park First Annexation. D. Resolution 2014-085 Setting Forth Findings of Fact and Determinations Regarding the Clydesdale Park Second Annexation. E. Hearing and First Reading of Ordinance No. 133, 2014, Annexing Property Known as the Clydesdale Park Second Annexation. F. First Reading of Ordinance No. 134, 2014, Amending the Zoning Map and Classifying for Zoning Purposes the Property included in the Clydesdale Park Second Annexation. The purpose of this item is to consider the annexation of the existing Clydesdale Park subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75 acres. Residents of the Clydesdale Park neighborhood have requested annexation. Residents are also requesting a 5 year “phase-in” of the storm water utility fee for Clydesdale Park upon annexation. The stormwater fee phase-in request was brought to the Water Board on September 18, 2014 for its consideration. Stormwater utility staff and the Water Board are recommending denial of the request for a “phased-in” stormwater fee. These annexation requests are 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. STAFF RECOMMENDATION Staff recommends adoption of Resolutions and Ordinance on First Reading. Staff recommends denial of the request for a “phased-in” stormwater fee. Should a “phased-in” approach be proposed, staff recommends that the stormwater fee begin at an annual rate of $75 per lot and be increased to the full fee over a three year period. Agenda Item 7 Item # 7 Page 2 BACKGROUND / DISCUSSION Annexation and Zoning The Clydesdale Park development was approved by the Larimer County Board of Commissioners in 2001. In accordance with Larimer County’s standard development approval procedures, an annexation agreement was recorded with the original development approval. This Annexation Agreement is typically required during the County development review process to facilitate annexations that may happen sometime in the future that don’t have the requisite amount of contiguity to the city limits to meet state requirements. This is the case with Clydesdale Park. When the Clydesdale Park subdivision was planned and approved, it could not be annexed into the city because it did not share a common boundary with the city limits at the time. Now that a common boundary does exist, the City may now initiate the annexation process through the Annexation Agreement. The approval of the annexations will enable the neighborhood’s streets, including Carriage Parkway, to be accepted into the City of Fort Collins' Street Maintenance Program. Clydesdale Park’s streets are currently maintained by the residents of Clydesdale Park through their Public Improvement District (PID). The establishment of the PID was necessary because Larimer County does not typically maintain roads that are developed as part of a residential subdivision. Carriage Parkway currently dead-ends at the southwest corner of the neighborhood and carries traffic predominantly for Clydesdale Park’s residents. With the new Fox Grove residential development proposed to the southwest, within the city limits, it now seems imminent that this parkway will be extended and serve as access for additional residents who have no obligation to pay into the Clydesdale Park PID. Residents have expressed concern that their continued maintenance responsibility for the existing portion of Carriage Parkway is no longer reasonable if the parkway is extended and used by future development to the south. Carriage Parkway is designated as a collector street on the City Master Street Plan, and will eventually be extended south to East Prospect Road. All portions of the future Carriage Parkway extension are within the city limits and will therefore be maintained by the City once constructed and accepted. Because all of Clydesdale Park’s streets are currently in good condition, the City Streets and Engineering Departments are in agreement that the streets can be accepted into the City of Fort Collins' Street Maintenance Program, should the annexations be approved. These annexations are located within the Growth Management Area (GMA). According to policies and agreements contained in the Larimer County and City of Fort Collins Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation, according to state law. In order to gain the 1/6 contiguity with a municipal boundary as required by state law, a series of two annexations are needed to annex the Clydesdale Park neighborhood. The Clydesdale Park First Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the City of Fort Collins through the Fox Grove property to the west, which was annexed in 2005. The Clydesdale Park Second Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Clydesdale Park First Annexation, thus satisfying the requirement that no less than one-sixth of the perimeter boundaries be contiguous to the existing city boundary. The requested zoning for these annexations is the Low Density Mixed-Use Neighborhood District (L-M-N), which is in compliance with the City of Fort Collins Structure Plan. Stormwater Fee Phase-in The Clydesdale Park Homeowner’s Association (HOA) has requested annexation into the City of Fort Collins (City). The HOA is requesting that the City’s stormwater service fees be phased-in over 5 years. Review of the development plans and aerial photos confirm that the overall impervious surface area of Clydesdale Park falls within the limits of residential development (“light” category) as outlined in City Code. Agenda Item 7 Item # 7 Page 3 Section 26-514 (b) of City Code provides for (but does not require) City Council consideration of a temporary reduction in the stormwater utility fee if justified in order to mitigate the economic impacts to annexed properties in light of relevant circumstances. This could be accomplished through a “phased-in” approach. Staff does not generally support the concept of a “phased-in” stormwater service fee. The only time this has been used was with the Southwest Area Annexation in 2006. All other annexations (both voluntary and enclaves) have had full fees charged upon annexation. The Clydesdale Park subdivision is one of several within the Fort Collins Growth Management Area (GMA) that have a pre-annexation agreement in place (signed at the time of development) that allows annexation without the current residents’ approval. It helps to have neighborhood support but the annexation is City-initiated and does not require resident approval. In this case, the Clydesdale Park HOA is specifically requesting annexation. The Clydesdale Park HOA states there will be approximately $80,000 in the PID fund balance that will be transferred to the City of Fort Collins to use for maintenance of the road rights-of-way in the subdivision. The HOA had requested the reduction in stormwater fees as a way to offset that loss of funding. Staff has informed the Clydesdale Park HOA that Colorado State finance rules prohibit the comingling of taxes and utility service fees. The Clydesdale Park HOA currently pays approximately $75 annually per lot to Larimer County for stormwater fees associated with the Boxelder Basin Regional Stormwater Authority (BBRSA). If a phased implementation is approved, the stormwater service fee should start at approximately $75 or existing ratepayers would in effect be subsidizing this development for a period of time not just for the portion of stormwater fees that go toward maintaining the City-wide infrastructure but more specifically for the fees the City will be paying to the BBRSA. Should the Council approve a phase in of the fees, it is staff’s recommendation that this be over a three year period. Under current City rates, each lot in the subdivision would pay approximately $210-$240 annually depending on actual lot size with 2014 stormwater rates. FINANCIAL / ECONOMIC IMPACTS Because the neighborhood's streets are in good condition, significant initial financial / economic impacts are not anticipated. The annexations will allow this portion of the City Growth Management Area to be more integrated into the City Master Street Plan. The provision of water and wastewater utility services will not change. Electric service will be transferred from Poudre Valley REA to Fort Collins Light and Power over a period of several years. Stormwater Fee Phase-in Impacts There are 217 single-family residences. Based on an average of $225 per lot, annual stormwater service fees collected by the City of Fort Collins through its stormwater utility will be approximately $48,825. 3 Year Phase-In (Starting at $75) Loss of stormwater service fee revenue of approximately $61,845 5 Year Phase-In (Starting at $75) Loss of stormwater service fee revenue of approximately $92,225 ENVIRONMENTAL IMPACTS There are no significant environmental impacts anticipated with these annexations. BOARD / COMMISSION RECOMMENDATION The Planning and Zoning Board conducted a public hearing on the annexation and zoning requests on September 11, 2014 and voted 6-0 to recommend approval of the annexation and zoning. The minutes from the September 11, 2014 Planning and Zoning Board Hearing are attached. Agenda Item 7 Item # 7 Page 4 The storm water utility fee phase-in request was brought to the Water Board on September 18, 2014 for their consideration. The City Stormwater Utility does not generally support and finds no appropriate justification to recommend a phased-in approach to the stormwater service fees. Staff’s recommendation is to deny the request for a phased-in stormwater fee. Should a phased-in approach be proposed, staff recommends that the stormwater fee begin at an annual rate of $75 per lot and be increased to the full fee over a three year period. The Water Board made two motions: First Motion: The Water Board, having reviewed and discussed the Clydesdale Park HOA annexation request, support the staff recommendation to deny the request for a “phased-in” stormwater fee unless the Stormwater Fund is reimbursed. Second Motion: The Water Board recommends City Council consider other means to reimburse the homeowners of the Clydesdale Park HOA for the balance of the PID funds accepted by the City during annexation. Both motions passed unanimously. PUBLIC OUTREACH Planning staff has coordinated with the residents of Clydesdale Park over the past year to explain the annexation process and answer questions about how annexation into the City will affect the neighborhood’s taxes, fees, street maintenance and services. A letter from the Clydesdale Park Homeowner’s Association in support of annexation is attached (Attachment 6). A letter of notification for the Planning and Zoning Board public hearing was mailed to all Affected Property Owners within 800 feet of the property 14 days prior to the September 11, 2014 hearing. ATTACHMENTS 1. Clydesdale Park First Annexation Vicinity Map (PDF) 2. Clydesdale Park Second Annexation Vicinity Map (PDF) 3. Clydesdale Park Annexations Zoning Map (PDF) 4. Clydesdale Park Annexations Structure Plan Map (PDF) 5. City Master Street Plan (PDF) 6. Letter From Clydesdale Park HOA (PDF) 7. County Letter -- Clydesdale Park Annexations (PDF) 8. Timnath Letter -- Clydesdale Park Annexations (PDF) 9. P&Z Clydesdale Hearing Minutes - September 11, 2014 (PDF) 10. Water Board Meeting Minutes for Clydesdale stormwater fee phase-in (PDF) Boxelder Creek Lake Canal Larimer and Weld Canal INTERSTATE 25 SE FRONTAGE RD E MULBERRY ST SW FRONTAGE RD NE FRONTAGE RD SUNCHASE DR CAMINO REAL KITCHELL WAY NW FRONTAGE RD CLOVERLEAF WAY BIRCH LN CARRIAGE PKWY MAPLE LN SPRINGER DR BRENTON DR QUEST DR LOCUST LN OFF RAMP WILLOW LN VITALA DR BOXELDER ST ON RAMP JUTLAND LN RUIDOSA DR BRUMBY LN ESPIRIT DR MESSARA DR COTTONWOOD LN SPRUCE LN FRISIAN D R LA PAZ DR PLEASURE DR DENROSE CT BOCA DEL RIO DR ASPEN CIR PONDEROSA DR LOMA LINDA DR OFF RAMP INTERSTATE 25 Clydesdale Park First Annexation Legend ± Vicinity Map City Limits - Area City Limits - Outline Annexation ‐ Area First Annexation Area E. Mulberry St. Interstate I-25 South C.R. 5 Carriage Pkwy ATTACHMENT 1 Boxelder Creek Lake Canal Larimer and Weld Canal INTERSTATE 25 SE FRONTAGE RD E MULBERRY ST SW FRONTAGE RD NE FRONTAGE RD SUNCHASE DR CAMINO REAL KITCHELL WAY NW FRONTAGE RD CLOVERLEAF WAY BIRCH LN CARRIAGE PKWY MAPLE LN SPRINGER DR BRENTON DR QUEST DR LOCUST LN OFF RAMP WILLOW LN VITALA DR BOXELDER ST ON RAMP JUTLAND LN RUIDOSA DR BRUMBY LN ESPIRIT DR MESSARA DR COTTONWOOD LN SPRUCE LN FRISIAN D R LA PAZ DR PLEASURE DR DENROSE CT BOCA DEL RIO DR ASPEN CIR PONDEROSA DR LOMA LINDA DR OFF RAMP INTERSTATE 25 Clydesdale Park Second Annexation Legend ± Vicinity Map City Limits - Area City Limits - Outline Annexation ‐ Area Interstate I-25 South C.R. 5 E. Mulberry St. Second Annexation Area Carriage Pkwy ATTACHMENT 2 CG CG E I I LMN UE UE Boxelder Creek Lake Canal Larimer and Weld Canal INTERSTATE 25 SE FRONTAGE RD E MULBERRY ST NE FRONTAGE RD SUNCHASE DR CAMINO REAL KITCHELL WAY NW FRONTAGE RD CLOVERLEAF WAY CARRIAGE PKWY BIRCH LN CAMINO DEL MUNDO MAPLE LN SPRINGER DR BRENTON DR QUEST DR LOCUST LN OFF RAMP WILLOW LN VITALA DR BOXELDER ST JUTLAND LN ON RAMP RUIDOSA DR WITHERS DR BRUMBY LN ESPIRIT DR MESSARA DR LA PAZ DR DENROSE CT BOCA DEL RIO DR ASPEN CIR PINION CIR PONDEROSA D R INTERSTATE 25 Clydesdale Park First and Second Annexations Zoning Map ± Annexation ‐ Area First Annexation Area Legend City Limits - Outline Urban Growth Area Boundary City Zoning ZONE General Commercial (CG) Employment (E) S First Annexation Area Second Annexation Area © Clydesdale Park Annexations 1 and 2 Structure Plan 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) HWY 14 1 inch = 0.3 miles Annexation ‐ Area I - 25 ATTACHMENT 4 INTERSTATE 25 E MULBERRY ST E PROSPECT RD CARRIAGE PKWY S COUNTY ROAD 5 ORI L L A D E L LAGO INTERSTATE 25 INTERSTATE 25 City of Fort Collins Master Street Plan Printed: August 05, 2014 Scale 1:12,500 © Note: Other collector and local streets not shown will be developed in accordance with adopted sub-area, corridor, and neighborhood plans of the city. Streets and Arterials outside of GMA are shown for contextual purposes only and are not part of the Master Street Plan. The City of Fort Collins is not fiscally responsible for these improvements. > Potential Grade Separated Rail Crossing R Potential Interchange Collector 2 Lanes Arterial 2 Lanes Arterial 4 Lanes Major Arterial 6 Lanes City Limits Collector 2 Lanes - Outside GMA Arterial 2 Lanes - Outside GMA Arterial 4 Lanes - Outside GMA Major Arterial 6 Lanes - Outside GMA INTERSTATE Streets Railroads Unincorporated Land in GMA Outside GMA Adopted: March 17, 1981 Amended: December 17, 2013 CITY OF FORT COLLINS GEOGRAPHIC INFORMATION SYSTEM MAP PRODUCTS These map products and all underlying data are developed for use by the City of Fort Collins for its internal purposes only, and were not designed or intended for general use by members of the public. The City makes no representation or warranty as to its accuracy, timeliness, or completeness, and in particular, its accuracy in labeling or displaying dimensions, contours, property boundaries, or placement of location of any map features thereon. THE CITY OF FORT COLLINS MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY FOR FITNESS OF USE FOR PARTICULAR PURPOSE, EXPRESSED OR IMPLIED, WITH RESPECT TO THESE MAP PRODUCTS OR THE UNDERLYING DATA. Any users of these map products, map applications, or data, accepts them AS IS, WITH ALL FAULTS, and assumes all responsibility of the use thereof, and further covenants and agrees to hold the City harmless from and against all damage, loss, or liability arising from any use of this map product, in consideration of the City's having made this information available. Independent verification of all data contained herein should be obtained by any users of these products, or underlying data. The City disclaims, and shall not be held liable for any and all damage, loss, or liability, whether direct, indirect, or consequential, which arises or may arise from these map products or the use thereof by any person or entity. Clydesdale Park Annexations 1 and 2 0 350 700 1,400 2,100 2,800 Page 1 of 4 Clydesdale Park Homeowners Association c/o Colorado Association Services 1063 West Horsetooth Road, Suite 100 Fort Collins, CO 80526 COPY September 22, 2013 Ms. Karen Weitkunat Mayor of the City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 Dear Ms. Weitkunat, UPDATE: Request for annexation and mitigation of economic impacts of annexation. We appreciate the City’s consideration of our request to be annexed into Fort Collins. We ask for your support for our annexation and for mitigating an $80,000 economic impact we will bear upon annexation. ANNEX CLYDESDALE PARK INTO FORT COLLINS 1. Original intent was that Clydesdale Park would be annexed into the City. a. Developers signed an Annexation Agreement in 2001 giving the City power of attorney to annex. b. Larimer County required that Clydesdale Park be built to city standards. c. Residents were led to expect annexation when they bought their homes. 2. Clydesdale Park residents should not have to pay to maintain roads which City residents use. a. A new residential development (Fox Grove) is being proposed adjacent to Clydesdale Park. b. Residents of Fox Grove will only be able to access their homes by using Carriage Parkway through Clydesdale Park until such time as Carriage Parkway is extended south to Prospect Road. c. The County does not maintain our roads. Our residents pay to maintain our roads through a PID tax on themselves and should not have to pay for roads that many other people use. d. Once annexed, Clydesdale Park residents will pay City property taxes and the City will maintain the road, which is an appropriate solution. 3. An overwhelming majority of Clydesdale Park lot owners wish to be annexed. a. Several months ago, the HOA circulated a petition to sense the interest in annexation. Page 2 of 4 i. There are 257 signatures of residents and lot owners on the petition requesting annexation. ii. Those signatures represent owners of 72% of all lots, and owners of 90% of lots of those who responded to petition requested annexation. iii. The petition was forwarded to the Mayor and key City staff along with a formal request for annexation. 4. Concerns expressed about our annexation appear to be unfounded. a. First concern: Clydesdale Park’s infrastructure is not up to standard. i. That’s not correct. ii. Clydesdale Park was originally built to City standards. iii. Roads are up to City standards and have been kept that way by Clydesdale Park residents though a PID tax on themselves. b. Second concern: The property tax revenue from residential developments doesn’t cover the cost of their services. i. We don’t know the actual numbers, but there are many residential developments in Fort Collins and many more are being built now. ii. Fox Grove is an example. It was annexed into the city, was zoned residential, and is now being developed as residential. c. Third concern: The City does not want to go east of I25. i. The City is already east of I25 along Mulberry. ii. Otter Box and other commercial properties near the Mulberry/I25 interchange are in the City as are several parcels between Mulberry and Prospect which extend as far east as County Road 5. iii. The City is also considering additional annexations east of I25 to create an enclave which will permit annexation of the Mulberry corridor. 5. Our annexation has several benefits for the City: a. The Planned I25/Mulberry gateway will be an important entry point into Fort Collins. b. Our annexation will permit better land use control around the I25/Mulberry gateway. c. Our annexation will permit better management of traffic flow near the gateway through control of Carriage Parkway, a collector road through Clydesdale Park which will eventually run between Mulberry and Prospect Road. d. Our annexation will demonstrate that the City’s planning commitments can be counted on by others, such as developers, the County, business owners, and home buyers. Without confidence in the City’s planning commitments, the City’s planning objective will take longer and will be harder to achieve. MITIGATE THE ECONOMIC IMPACT OF CLYDESDALE PARK’S TRANSFER OF $80,000 TO THE CITY UPON ANNEXATION 6. City code (sec. 26-514) permits City Council to mitigate the economic impacts of annexation. a. Sec. 26-514 (b) states: “In the event that the City Council has determined at the time of annexation of a lot or parcel of land that the temporary reduction of the storm water utility fee is justified in order to mitigate the economic impact to the annexed properties in light of the relevant circumstances, the storm water utility fee applicable Page 3 of 4 to said lot or parcel may be temporarily reduced by the City Council pursuant to the schedule set forth in the ordinance annexing said parcel or lot.’ 7. Clydesdale Park’s economic impact results from the transfer of an estimated $80,000 PID fund balance to the City. a. The City could have annexed us any time after 2005, but did not. b. Concerned about road maintenance, Clydesdale Park residents approved a Public Improvement District and a 16 mil tax on themselves in 2011. i. In 2012, $9 thou. was spent to crack seal the roads. All road work was done through the Larimer County Engineering Department. ii. About 9 months ago, the City road department concluded that our roads were up to City standards. iii. About 3 months ago, after our roads were judged to be up to City standards, the PID spent an additional $143 thou. to chip seal the roads. iv. So our roads, roads which the City will be responsible to maintain once we are annexed, will be turned over in very good condition. c. Once annexed, the remaining PID fund balance, estimated to be $80,000, will be transferred to the City to maintain public improvements in Clydesdale Park’s road right of way. i. Transferring the PID balance at the same time we begin to pay City property taxes, some of which are paid to maintain our roads, is like being taxed twice. ii. Our residents should not be penalized because they were responsible enough to tax themselves to maintain the roads which the City will now maintain. d. The PID transfer surely qualifies as the type of ‘economic impact’ for which City code authorizes mitigation. 8. Mitigating our economic impacts will not be a precedent. a. Economic impacts of annexing some SW neighborhoods were mitigated through a phase in of the storm water utility fee at 20% per year, reaching full payment in year five. Those SW neighborhoods did not transfer funds to the City upon annexation. b.The Sky View neighborhood was annexed and did turn PID funds over to the City but those funds are being used to bring their roads up to City standards. Clydesdale Park’s road are already up to City standard. c. The transfer of Clydesdale Park PID funds to the City is so unique that it is unlikely to set a difficult precedent for the City. 9. Phasing the storm water utility fee is a simple means to mitigate the $80,000 economic impact. a. The Water Department will not have any more storm water to manage after we are annexed than before. b. The storm water fee phase in could start at $75 per lot, the amount to be paid to the Boxelder Creek Storm Water Authority, and gradually increased over 4 years to reach full payment in year five. This could result in reduced payments of $80,000. c. The City’s Water Board recommended that the City Council find a means to compensate Clydesdale Park lot owners for the $80,000 transfer to the City, but Page 4 of 4 they recommend that it not be done through a phase in of the storm water utility fee. d. Clydesdale Park residents would accept any means the City Council decides upon, as long as it compensates lot owners for the economic impact of the $80,000 transfer to the City. e. Clydesdale Park residents are simply asking not to be double taxed. We appreciate your consideration of our request for annexation into the City of Fort Collins and mitigation of our $80,000 economic impact of annexation. Sincerely, __/s/Thomas J. Mills_____ _____/s/ Thomas J. Mills________ for Bill Schwerdtfeger, President Thomas J. Mills, 1st Vice President ___/s/Brenda Yocom___________ _____/s/ John Albright__________ Brenda Yocom, 2nd Vice President John Albright, Treasurer ____/s/ Carol Denne_________ Carol Denne, Secretary Cc: Karen Cumbo, Laurie Kadrich, Jason Holland, and Kevin Gertig S:\CDNS\Planning\Staff Folders\JHolland\PROJECTS\Clydesdale Park Annexation\County Letter_Clydesdale_Park_ANX.docx July 24, 2014 Jason Holland City of Fort Collins Planning Department PO Box 580 Ft. Collins CO 80522 RE: Clydesdale Park Annexation 140002 Jason, This letter acknowledges receipt of the Petition for the above proposed annexation to the City of Fort Collins. This week, staff from the Larimer County Planning, Engineering and Health Departments met to review these materials. Larimer County Community Development (Planning) would like the City of Fort Collins to consider annexing Waterdale Mobile Home Park and Vista Grande Planned Development, as well as E Mulberry St to the north. If you have any questions or concerns to my response, please Contact Matt Lafferty, Principle Planner, Larimer County Community Development Division (Planning) at 970- 498-7721. Sincerely, Dan Kunis GIS Specialist Larimer County Planning and Building Services Division 498-7680 dkunis@larimer.org COMMUNITY DEVELOPMENT DIVISION P.O. Box 1190 Fort Collins, CO 80522-1190 Planning (970) 498-7683 Planning Fax (970) 498-7711 Building (970) 498-7700 Building Fax (970) 498-7667 http://www. larimer.org/building ATTACHMENT 7 ATTACHMENT 8 Planning and Zoning Board Hearing Minutes September 11, 2014 6:00 p.m. Council Liaison: Mayor Weitkunat Staff Liaison: Laurie Kadrich Chair: Jennifer Carpenter Phone: (H) 231-1407 Chair Carpenter called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Kirkpatrick, Hansen, Hart, Hobbs and Schneider Absent: Heinz Staff Present: Kadrich, Eckman, Gloss, Burnett, Beals, Wilkinson, Lorson, Holland, Siegmund, and Cosmas Agenda Review Chair Carpenter provided background on the board’s role and what the audience could expect as to the order of business. She described the following processes: While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. Decisions on development projects are based on judgment of compliance or non- compliance with city Land Use Code. Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard. Director Kadrich reviewed the items on both the Consent and Discussion agendas and also explained the consent/discussion procedure to the audience. Public Input on Items Not on the Agenda: None noted. Consent Agenda: 1. Minutes from July 10, 2014, P&Z Hearing 2. Pedersen Toyota Expansion Public Input: None noted. Member Hart made a motion that the Planning and Zoning Board approve the September 11, 2014, Consent agenda as presented, which includes the minutes from the August 14, 2014, Planning and Zoning Board hearing and Pederson Toyota Expansion. Member Hansen seconded. Vote: 6:0. Discussion Agenda: 3. Adoption of Land Use Code Revisions from Transit-Oriented Development (TOD) Parking Study 4. Clydesdale Annexation 5. The Flats at Rigden Farm Project: Clydesdale Annexation Project Description: This is a request for annexation by the residents of the Clydesdale Park neighborhood. Clydesdale Park is an existing subdivision located east of Interstate 25, south of the intersection of East Mulberry Street and Carriage Parkway. Clydesdale Park includes 217 single-family residential lots on approximately 75 acres.. The requested initial zoning for this annexation is the Low Density Mixed-Use Neighborhood District (L-M-N), which is in compliance with the City of Fort Collins Structure Plan. Recommendation: Approval Hearing Testimony, Written Comments and Other Evidence Staff and Applicant Presentations: City Planner Holland gave an overview of the area in question, including some history of the area, a zoning overview and the master plan for the annexation. He stated that one reason the residents are requesting annexation is to achieve consistent maintenance for Carriage Parkway, which will eventually extend south to East Prospect Road. Board Questions and Staff Response Member Hart asked for clarification on what the Board is being asked to approve at this hearing. Planner Holland confirmed that he is requesting approval for Annexation 1 and 2. Director Kadrich informed the Board that there was a Pre-Annexation Agreement signed by the residents, and, through the Power of Attorney, it was now being presented. Deputy City Attorney Eckman stated that the original developer had granted Power of Attorney to the City Clerk. Secretary Cosmas stated that she had received a letter from the Clydesdale Park HOA President outlining their talking points in support of the annexation. Public Input Bill Schwerdtfeger, President of Clydesdale Park, requested that the Board allow the HOA members to pool their time so a presentation could be made. Chair Carpenter granted them 15 minutes to make one general presentation. Tom Mills, Vice President of Clydesdale Park, began his presentation by stating that his community would like to make two requests to the Board: To support the request for annexation so that Clydesdale Park is annexed into the City of Fort Collins, and To support their request for phasing in the storm water fee. Chair Carpenter interrupted him to tell him that the stormwater issue would not be something the P&Z Board could vote on tonight and that it would have to go to the City Council for a decision. Mr. Mills continued with his presentation. He reviewed the sequence of events to date, including the original petitioning, the citizen concerns, tax revenue issues, location issues, potential benefits to the City, and how it will demonstrate City’s commitment. While he supports the storm water utility fee, he asked for a phase-in period during the time his community is becoming a resident of the City, preferably over a 5-year period. He stated that he believes there will be economic impacts on the annexed property, but residents are in favor of paying associated taxes and fees. Staff/Applicant Response Deputy City Attorney Eckman said that City code allows the Planning and Zoning Board to advise the City Council on annexations and long-range planning. He went on to say that the City’s Water Board should advise on matters concerning stormwater utility fees. There were no additional Staff comments or response. Board Deliberation Member Schneider made a motion that the Planning and Zoning Board recommend approval to the City Council that the Clydesdale Park first and second annexation initial zoning of L-M-N Low Density Mixed Use neighborhood and to be included in the residential neighborhood sign district based upon the findings of facts and conclusions in the Staff Report. Vice Chair Kirkpatrick seconded the motion. Vote: 6:0. 1 Excerpt from Unapproved Water Board Minutes September 18, 2014 Clydesdale Park HOA Annexation – Stormwater Fees (Attachments available upon request) Strategic Financial Planning Manager Lance Smith and Civil Engineer Mark Kempton presented information. Slides 2 and 3 of the PowerPoint show the first and second annexation areas. To ease the economic impact, the HOA is requesting a phase-in of Fort Collins’ stormwater service fees over five years. The $80,000 balance in the Public Improvement District (PID) will be transferred to the City but not to the Stormwater Enterprise Fund. Phasing in stormwater service fees is not normally done. The City approved it only once, in 2006 for the Southwest Annexation, which was not supported by the neighborhood, so the City conceded to a phase-in of the stormwater fees. Slide 10 shows annual Boxelder Basin Regional Stormwater Authority (BBRSA) fees that Larimer County currently collects from the neighborhood and forwards to BBRSA. Once annexed, the City would collect stormwater service fees from the Clydesdale Park neighborhood and forward a portion of those (approximately $75 per lot) to the BBRSA. The stormwater fees are not just for protecting homes if the area floods; it also pays for protecting them in case of emergency, for emergency vehicles access, and stormwater improvements and maintenance throughout the City. Depending on lot size, each resident will pay between $210 to $240 dollars per year. Slide 11 lists Financial Considerations: a three-year phase-in of fees (starting at $75) would result in a loss of stormwater service fee revenue of approximately $61,845. A five-year phase-in would result in a loss of stormwater service fee revenue of approximately $92,225. A board member inquired about the road cross section. City Planner Jason Holland replied that neighborhood streets have about a 51-foot right-of-way; Carriage Parkway is 70 feet; standard City cross sections. Stormwater runoff is collected in catch basins that discharge into ponds. The ultimate outfall is Boxelder Creek to the west. A board member inquired about the BBRSA’s responsibility to maintain the stormwater facilities throughout the area. Will it still maintain them after annexation, and what is the City’s responsibility? Mr. Kempton stated there are two big flood control reservoirs; one has been constructed, and one is in the design phase; fees are collected to build those projects. That’s the limit of the district’s scope. They don’t maintain stormwater facilities in the City drainage basins. A board member inquired what staff means by “year” regarding when the stormwater fees are charged: calendar year or a year from the time the neighborhood is annexed. Mr. Smith replied the stormwater fees are charged per anniversary year, such as October 2014 to October 2015. 2 A board member inquired about the $80,000 balance in the PID. What was the intent of that fund? Mr. Smith explained the intent was to provide adequate funding to maintain, repair, and improve the streets. Mr. Mills stated that the City didn’t annex Clydesdale Park in 2005, therefore residents were concerned the roads would not be maintained and decided to set the money aside for all public improvements for the road right of way. Interim City Attorney Carrie Daggett stated she believes the City’s policy is to not accept streets for maintenance if they’re not up to City standards. Because the Clydesdale Park roads meet City standards, the City will accept the responsibility of maintaining them. A board member inquired whether the $80,000 PID balance is how much they happen to have or would the City normally required this amount for the purpose of maintaining roads? Mr. Mills stated he was told by the chairperson of the PID board that $80,000 is the current balance as of fall 2014. A board member inquired that since the roads are in good shape, must the $80,000 be spent in this way? Ms. Daggett replied yes. Mr. Mills commented that since Larimer County has stated it can’t go back and determine exactly who paid the taxes, they’re not going to try to refund the money to residents. A board member inquired whether stormwater and roads are the only two categories the board is discussing for annexation regarding how the $80,000 can be used. Mr. Holland confirmed that the money is to be used only for road maintenance; it was earmarked for public improvements for Clydesdale Park public infrastructure. Examples of how to use the money include bike lane striping along Carriage Parkway and traffic signage. A board member inquired if Clydesdale Park is in a flood plain? Mr. Kempton replied no. The board member commented that other developments will come into the City eventually: what precedent are we setting and how will that affect the City over time? Ms. Daggett stated that the prior instance of phased-in fees involved a forced annexation of the Southwest Enclave, because the City had grown to surround the neighborhood, and after three years the City was entitled to force the annexation regardless of residents’ support. A board member commented that if the $80,000 is going to stormwater, they support phased in fees, but if not, they would deny the phase-in fees. Mr. Holland stated the money will definitely not go to the Stormwater Enterprise Fund. The money is not refundable, and it can’t be comingled; staff can’t turn it over to a different department. The PID money will go to the City’s Streets Department and be managed by it; it can’t be transferred to Utilities. It’s earmarked specifically for that neighborhood. Ms. Daggett stated there’s an existing General Improvement District (GID) in the City because it was in an annexed area. It functions as a separate taxing entity and continues to collect taxes and use that revenue to build streets up to City standards so the City can accept those streets for maintenance. The GID would be eliminated at that time. 3 Ms. Daggett stated the issue is driven by state law. There’s not a lot of flexibility on Larimer County’s end, but there may be options the City can consider, i.e. how it can offset the funds it receives. If the Water Board wants to encourage Council to consider fairness, the board can ask Council to pursue and investigate options to make the Stormwater Fund whole if there’s a phase-in of stormwater fees. A board member inquired if there’s no phase-in, would the fee be prorated? Mr. Smith replied no; the stormwater fees are collected monthly. The board member asked about when the City pays the BBRSA. Mr. Smith stated payment is made once a year. Ms. Daggett stated fee payers to the BBRSA pay once per year. Mr. Mills commented that residents paid Boxelder in the spring, six months ago. A board member inquired whether the Streets Department can write an $80,000 check to Stormwater. Ms. Daggett stated that might not work because Streets doesn’t spend $80,000 in a particular neighborhood. The board member replied Streets would have to work on roads in this neighborhood eventually. Ms. Webb commented that one option is to recommend phased-in fees but investigate options to make the Stormwater fund whole. A board member commented that the Water Board is responsible for discussing issues pertaining to new residents when an annexation occurs. A board member commented just because the PID was set up with an inflexible focus on roads it should not disadvantage the Stormwater Fund. The community wanted to be annexed, and took proactive action to make sure streets were kept up to City standards. A board member commented this discussion highlights the fact that trying to address fairness is not black and white. A board member commented the PID money is not something the City would normally expect to receive. A board member inquired whether a PID can be set up for two purposes so that people don’t run into this issue again. Ms. Daggett stated the PID purposes are broad, to be used for public improvements in this district area, but funds are limited and need to be used in that area. She doesn’t believe the county collects stormwater fees. A board member commented that he doesn’t want the Stormwater Fund to foot the bill. Ms. Daggett stated that from what she hears board members saying, they might want to consider a two-part motion: if stormwater fees are not phased in, then ask Council to evaluate ways for the annexed area to be reimbursed for the fees they’ve paid. 4 A board member suggested language for a motion, and board members and Ms. Daggett discussed whether the language accurately reflects their opinion. A board member suggested language for a motion, and board members and Ms. Daggett discussed whether the language accurately reflects their opinion. Vote on the motion: It passed unanimously Vote on the motion: It passed unanimously Board Member Bovee moved that the Water Board, having reviewed and discussed the Clydesdale Park HOA annexation request, support the staff recommendation to deny the request for a “phased in” stormwater fee unless the Stormwater Fund is reimbursed. Board Member Ortman seconded the motion. Board Member Brian Brown moved that the Water Board recommends City Council consider other means to reimburse the homeowners of the Clydesdale Park HOA for the balance of the PID funds accepted by the City during annexation. Board Member Huber-Stearns seconded the motion. - 1 - RESOLUTION 2014-084 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE CLYDESDALE PARK FIRST ANNEXATION WHEREAS, by Resolution 2014-067, annexation proceedings were heretofore initiated by the City Council for property to be known as the Clydesdale Park First Annexation (the “Property”); 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 of the Property 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 the 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 Property 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 October, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk - 1 - ORDINANCE NO. 131, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE CLYDESDALE PARK FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2014-067 finding substantial compliance and initiating annexation proceedings for the Property (as described below), has heretofore been adopted by the City Council; and WHEREAS, the City Council hereby has determined that it is in the best interests of the City to annex the Property to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby incorporates the findings of Resolution 2014-084 and further finds that it is in the best interests of the City to annex the Property to the City. Section 2. That the following described property (the “Property”), to wit: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 15, AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15 TO BEAR N00°07'27"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST AND NORTH BOUNDARY OF THE STATE HIGHWAY 14 – EAST FRONTAGE ROAD ANNEXATION, THE FOLLOWING TWO (2) COURSES: 1. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, N00°07'27"E, A DISTANCE OF 612.47 FEET; 2. N89°40'35"W, A DISTANCE OF 209.46 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE AS DESCRIBED IN THE DEED OF DEDICATION RECORDED MARCH 21, 2007 AT RECEPTION NO. 20070021108, N62°53'42"E, A DISTANCE OF 235.56 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE - 2 - AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. FIRST FILING THE FOLLOWING TWO (2) COURSES: 1. N62°53'02"E, A DISTANCE OF 516.51 FEET; 2. 337.75 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38°06'53", AND A CHORD WHICH BEARS N46°02'12"E A DISTANCE OF 331.56 FEET TO A POINT ON THE EXTENSION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. SECOND FILING; THENCE ALONG SAID EXTENSION AND ALONG THE NORTHEASTERLY AND EASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE THE FOLLOWING SIX (6) COURSES: 1. S58°06'23"E, A DISTANCE OF 440.40 FEET; 2. 272.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58°22'41", AND A CHORD WHICH BEARS S28°55'02"E A DISTANCE OF 260.43 FEET; 3. S00°16'18"W, A DISTANCE OF 342.91 FEET; 4. 70.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19°01'03", AND A CHORD WHICH BEARS S09°14'14"E A DISTANCE OF 70.37 FEET; 5. S18°44'45"E, A DISTANCE OF 26.75 FEET; 6. 11.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD WHICH BEARS S03°45'15"W A DISTANCE OF 11.48 FEET TO THE NORTHEAST CORNER OF LOT 62 OF CLYDESDALE PARK P.U.D. SECOND FILING; THENCE S20°31'45"E, A DISTANCE OF 134.88 FEET TO THE SOUTHEAST CORNER OF SAID LOT 62; THENCE S19°41'26"E, A DISTANCE OF 166.45 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 15; THENCE ALONG THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15, N89°43'41"W, A DISTANCE OF 1,320.70 FEET TO THE POINT OF BEGINNING. CONTAINING 1,182,485 SQUARE FEET (27.146 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 Clydesdale Park First 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 3. That, in annexing the Property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service - 3 - 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 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 1 - ORDINANCE NO. 132, 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 CLYDESDALE PARK FIRST 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 (as described below) and has determined that the 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 Clydesdale Park First Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District, which property (the “Property”) is more particularly described as: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 15, AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15 TO BEAR N00°07'27"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE EAST AND NORTH BOUNDARY OF THE STATE HIGHWAY 14 – EAST FRONTAGE ROAD ANNEXATION, THE FOLLOWING TWO (2) COURSES: 1. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15, N00°07'27"E, A DISTANCE OF 612.47 FEET; 2. N89°40'35"W, A DISTANCE OF 209.46 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY; - 2 - THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE AS DESCRIBED IN THE DEED OF DEDICATION RECORDED MARCH 21, 2007 AT RECEPTION NO. 20070021108, N62°53'42"E, A DISTANCE OF 235.56 FEET; THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. FIRST FILING THE FOLLOWING TWO (2) COURSES: 1. N62°53'02"E, A DISTANCE OF 516.51 FEET; 2. 337.75 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38°06'53", AND A CHORD WHICH BEARS N46°02'12"E A DISTANCE OF 331.56 FEET TO A POINT ON THE EXTENSION OF THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE AS SHOWN ON THE PLAT OF CLYDESDALE PARK P.U.D. SECOND FILING; THENCE ALONG SAID EXTENSION AND ALONG THE NORTHEASTERLY AND EASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE THE FOLLOWING SIX (6) COURSES: 1. S58°06'23"E, A DISTANCE OF 440.40 FEET; 2. 272.04 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58°22'41", AND A CHORD WHICH BEARS S28°55'02"E A DISTANCE OF 260.43 FEET; 3. S00°16'18"W, A DISTANCE OF 342.91 FEET; 4. 70.70 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19°01'03", AND A CHORD WHICH BEARS S09°14'14"E A DISTANCE OF 70.37 FEET; 5. S18°44'45"E, A DISTANCE OF 26.75 FEET; 6. 11.78 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD WHICH BEARS S03°45'15"W A DISTANCE OF 11.48 FEET TO THE NORTHEAST CORNER OF LOT 62 OF CLYDESDALE PARK P.U.D. SECOND FILING; THENCE S20°31'45"E, A DISTANCE OF 134.88 FEET TO THE SOUTHEAST CORNER OF SAID LOT 62; THENCE S19°41'26"E, A DISTANCE OF 166.45 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 15; THENCE ALONG THE SOUTH LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15, N89°43'41"W, A DISTANCE OF 1,320.70 FEET TO THE POINT OF BEGINNING. CONTAINING 1,182,485 SQUARE FEET (27.146 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 Property is included in the Residential Neighborhood Sign District. - 3 - 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 7th day of October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 1 - RESOLUTION 2014-085 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE CLYDESDALE PARK SECOND ANNEXATION WHEREAS, by Resolution 2014-068, annexation proceedings were heretofore initiated by the City Council for property to be known as the Clydesdale Park Second Annexation (the “Property”); 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 of the Property 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 the 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 Property 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 October, A.D. 2014. _________________________________ Mayor ATTEST: _____________________________ City Clerk - 1 - ORDINANCE NO. 133, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE CLYDESDALE PARK SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2014-068, finding substantial compliance and initiating annexation proceedings for the Property (as described below), has heretofore been adopted by the City Council; and WHEREAS, the City Council has determined that it is in the best interests of the City to annex the Property to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby incorporates the findings of Resolution 2014-085 and further finds that it is in the best interests of the City to annex the Property to the City. Section 2. That the following described property (the “Property”), to wit: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15 AND IN THE SOUTH HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 15, AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15 TO BEAR N00°07'27"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15, N00°07'27"E, A DISTANCE OF 720.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, N00°07'27"E, A DISTANCE OF 1,706.44 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 2236, PAGE 2533 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ALONG THE SOUTH LINE OF SAID PARCEL, S89°11'19"E, A DISTANCE OF 83.00 FEET; THENCE ALONG THE EAST LINE OF SAID PARCEL, N00°07'27"E, A DISTANCE - 2 - OF 129.99 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 14; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES: 1. N89°10'59"W, A DISTANCE OF 58.00 FEET; 2. N00°07'27"E, A DISTANCE OF 10.00 FEET; 3. N89°10'59"W, A DISTANCE OF 25.00 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15; 4. ALONG SAID WEST LINE, S00°07'27"W, A DISTANCE OF 10.00 FEET; 5. N89°10'59"W, A DISTANCE OF 313.06 FEET TO A POINT ON THE EAST LINE OF THE INTERCHANGE BUSINESS PARK SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO (2) COURSES: 1. N00°37'00"E, A DISTANCE OF 109.15 FEET; 2. N00°48'59"E, A DISTANCE OF 40.85 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 14; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S89°10'59"E, A DISTANCE OF 1,238.09 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF CLYDESDALE PARK P.U.D. SECOND FILING; THENCE ALONG SAID NORTHERLY EXTENSION AND ALONG THE EAST LINE OF CLYDESDALE PARK P.U.D. SECOND FILING, S00°08'19"W, A DISTANCE OF 383.37 FEET; THENCE ALONG THE NORTH LINE OF CLYDESDALE PARK P.U.D. SECOND FILING, S89°23'18"E, A DISTANCE OF 395.00 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15; THENCE ALONG SAID EAST LINE, S00°08'19"W, A DISTANCE OF 2,312.90 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 15; THENCE N19°41'26"W, A DISTANCE OF 166.45 FEET TO THE SOUTHEAST CORNER OF LOT 62, CLYDESDALE PARK P.U.D. SECOND FILING; THENCE N20°31'45"W, A DISTANCE OF 134.88 FEET TO THE NORTHEAST CORNER OF SAID LOT 62; THENCE ALONG THE EASTERLY AND NORTHEASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE AND ALONG ITS NORTHWESTERLY EXTENSION, THE FOLLOWING SIX (6) COURSES: 1. 11.78 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD WHICH BEARS N03°45'15"E A DISTANCE OF 11.48 FEET; 2. N18°44'45"W, A DISTANCE OF 26.75 FEET; 3. 70.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19°01'03", AND A CHORD WHICH BEARS N09°14'14"W A DISTANCE OF 70.37 FEET; 4. N00°16'18"E, A DISTANCE OF 342.91 FEET; 5. 272.04 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A - 3 - RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58°22'41", AND A CHORD WHICH BEARS N28°55'02"W A DISTANCE OF 260.43 FEET; 6. N58°06'23"W, A DISTANCE OF 440.40 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1. 337.75 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38°06'53", AND A CHORD WHICH BEARS S46°02'12"W A DISTANCE OF 331.56 FEET; 2. S62°53'02"W, A DISTANCE OF 516.51 FEET TO THE POINT OF BEGINNING. CONTAINING 2,281,869 SQUARE FEET (52.385 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 Clydesdale Park Second 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 3. That, in annexing the 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 4. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of the Property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 4 - Passed and adopted on final reading on the 21st day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 1 - ORDINANCE NO. 134, 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 CLYDESDALE PARK SECOND 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 (as described below) and has determined that the 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 Clydesdale Park Second Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed-Use Neighborhood (“L-M-N”) Zone District, which property (the “Property”) is more particularly described as: A TRACT OF LAND LOCATED IN THE NORTH HALF OF SECTION 15 AND IN THE SOUTH HALF OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 15, AND CONSIDERING THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 15 TO BEAR N00°07'27"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 7839, AND ON ITS NORTH END BY A 2-1/2" ALUMINUM CAP STAMPED LS 31169, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15, N00°07'27"E, A DISTANCE OF 720.98 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE, N00°07'27"E, A DISTANCE OF 1,706.44 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL - 2 - DESCRIBED IN THE WARRANTY DEED RECORDED IN BOOK 2236, PAGE 2533 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ALONG THE SOUTH LINE OF SAID PARCEL, S89°11'19"E, A DISTANCE OF 83.00 FEET; THENCE ALONG THE EAST LINE OF SAID PARCEL, N00°07'27"E, A DISTANCE OF 129.99 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 14; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES: 1. N89°10'59"W, A DISTANCE OF 58.00 FEET; 2. N00°07'27"E, A DISTANCE OF 10.00 FEET; 3. N89°10'59"W, A DISTANCE OF 25.00 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF SECTION 15; 4. ALONG SAID WEST LINE, S00°07'27"W, A DISTANCE OF 10.00 FEET; 5. N89°10'59"W, A DISTANCE OF 313.06 FEET TO A POINT ON THE EAST LINE OF THE INTERCHANGE BUSINESS PARK SECOND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO (2) COURSES: 1. N00°37'00"E, A DISTANCE OF 109.15 FEET; 2. N00°48'59"E, A DISTANCE OF 40.85 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 14; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, S89°10'59"E, A DISTANCE OF 1,238.09 FEET TO A POINT ON THE NORTHERLY EXTENSION OF THE EAST LINE OF CLYDESDALE PARK P.U.D. SECOND FILING; THENCE ALONG SAID NORTHERLY EXTENSION AND ALONG THE EAST LINE OF CLYDESDALE PARK P.U.D. SECOND FILING, S00°08'19"W, A DISTANCE OF 383.37 FEET; THENCE ALONG THE NORTH LINE OF CLYDESDALE PARK P.U.D. SECOND FILING, S89°23'18"E, A DISTANCE OF 395.00 FEET TO A POINT ON THE EAST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 15; THENCE ALONG SAID EAST LINE, S00°08'19"W, A DISTANCE OF 2,312.90 FEET TO THE EAST SIXTEENTH CORNER OF SECTION 15; THENCE N19°41'26"W, A DISTANCE OF 166.45 FEET TO THE SOUTHEAST CORNER OF LOT 62, CLYDESDALE PARK P.U.D. SECOND FILING; THENCE N20°31'45"W, A DISTANCE OF 134.88 FEET TO THE NORTHEAST CORNER OF SAID LOT 62; THENCE ALONG THE EASTERLY AND NORTHEASTERLY RIGHT-OF-WAY LINE OF MESSARA DRIVE AND ALONG ITS NORTHWESTERLY EXTENSION, THE FOLLOWING SIX (6) COURSES: 1. 11.78 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 45°00'00", AND A CHORD WHICH BEARS N03°45'15"E A DISTANCE OF 11.48 FEET; 2. N18°44'45"W, A DISTANCE OF 26.75 FEET; 3. 70.70 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A - 3 - RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 19°01'03", AND A CHORD WHICH BEARS N09°14'14"W A DISTANCE OF 70.37 FEET; 4. N00°16'18"E, A DISTANCE OF 342.91 FEET; 5. 272.04 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 267.00 FEET, A CENTRAL ANGLE OF 58°22'41", AND A CHORD WHICH BEARS N28°55'02"W A DISTANCE OF 260.43 FEET; 6. N58°06'23"W, A DISTANCE OF 440.40 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF CARRIAGE PARKWAY; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES: 1. 337.75 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 507.72 FEET, A CENTRAL ANGLE OF 38°06'53", AND A CHORD WHICH BEARS S46°02'12"W A DISTANCE OF 331.56 FEET; 2. S62°53'02"W, A DISTANCE OF 516.51 FEET TO THE POINT OF BEGINNING. CONTAINING 2,281,869 SQUARE FEET (52.385 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 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 7th day of October, A.D. 2014, and to be presented for final passage on the 21st day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 4 - Passed and adopted on final reading on the 21st day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Feet ATTACHMENT 5 Industrial (I) Low Density Mixed-Use Neighborhood (LMN) Urban Estate (UE) Second Annexation Area Sunflower Kitchell Subdivision Clydesdale Estates Clydesdale Interchange Park Business Park Residential Lots Fox Grove (proposed) Undeveloped Vista Bonita Carriage Pkwy. Future Extension South C.R. 5