HomeMy WebLinkAboutKECHTER ANNEXATION NO. 3 - ANX120005 - CITY COUNCIL PACKET - RECOMMENDATION/REPORTMayor Pro Tern
ATTEST:
City Clerk
Passed and adopted on final reading on the 4th day of September, A.D. 2012.
Mayor
ATTEST:
City Clerk
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER
ROAD, S89029'46"W, A DISTANCE OF 299.94 FEET TO THE NORTHEAST
CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY
DEED RECORDED JANUARY 24, 2006 AT RECEPTION NO.20060005697 IN
THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE EASTERLY, SOUTHERLY, AND WESTERLY
BOUNDARIES OF SAID TRACT THE FOLLOWING FIVE (5) COURSES:
1. S00044'36"W, A DISTANCE OF 725.89 FEET;
2. N89031'04"E, A DISTANCE OF 300.15 FEET TO A POINT ON THE EAST
LINE OF THE NORTHWEST QUARTER OF SECTION 8;
3. ALONG SAID EAST LINE, S00043'36"W, A DISTANCE OF 559.09 FEET
TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THENORTHWEST
QUARTER OF SAID SECTION 8;
4. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8, S89038'55"W, A DISTANCE
OF 709.81 FEET;
5. N00038'19"E, A DISTANCE OF 1,263.15 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD;
THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, THE
FOLLOWING THREE (3) COURSES:
1. S89029'46"W, A DISTANCE OF 1,004.03 FEET;
2. N00002'14"W, A DISTANCE OF 20.00 FEET;
3. S89029'46"W, A DISTANCE OF 67.30 FEET TO THE SOUTHEAST
CORNER OF THE THORLAND ANNEXATION NO.2 TO THE CITY OF FORT
COLLINS;
THENCE ALONG THE EAST LINE OF SAID THORLAND ANNEXATION NO.
2, N00018'28"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF KECHTER ROAD;
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N89029'46"E, A
DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SECTION 5;
THENCE S86035'52"/W, A DISTANCE OF 791.12 FEET;
THENCE S88019'42"E, A DISTANCE OF 790.26 FEET TO THE POINT OF
BEGINNING.
CONTAINING 812,118 SQUARE FEET (18.644 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 21st day of
August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012.
ORDINANCE NO. 087, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE KECHTER ANNEXATION NO. 3 TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the City Council has considered the zoning
of the property which is the subject of this ordinance, and has determined that said property should
be zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Kechter Annexation No. 3 to the City of Fort Collins, Colorado, in the
Low Density Mixed Use Neighborhood ("L-M-N") Zone District, which property is more
particularly described as:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP
6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER,
STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5,
AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 5 TO BEAR S89029'46"W, SAID LINE BEING MONUMENTED
ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND
ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497,
BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS
COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO;
THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 8, S00043'36"W, A DISTANCE OF 30.01 FEET TO THE POINT
OF BEGINNING;
Introduced, considered favorably on first reading, and ordered published this 21st day of
August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012.
Mayor Pro Tern
ATTEST:
City Clerk
Passed and adopted on final reading on the 4th day of September, A.D. 2012.
ATTEST:
City Clerk
-3-
Mayor
2. N89031'04"E, A DISTANCE OF 300.15 FEET TO A POINT ON THE EAST
LINE OF THE NORTHWEST QUARTER OF SECTION 8;
3. ALONG SAID EAST LINE, S00043'36"W, A DISTANCE OF 559.09 FEET
TO THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF SAID SECTION 8;
4. ALONG THE SOUTH LINE OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 8, S89038'55"W, A DISTANCE
OF 709.81 FEET;
5. N00038'19"E, A DISTANCE OF 1,263.15 FEET TO A POINT ON THE
SOUTHERLY RIGHT OF WAY LINE OF KECHTER ROAD;
THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY LINE, THE
FOLLOWING THREE (3) COURSES:
1. S89029'46"W, A DISTANCE OF 1,004.03 FEET;
2. N00002'14"W, A DISTANCE OF 20.00 FEET;
3. S89029'46"W, A DISTANCE OF 67.30 FEET TO THE SOUTHEAST
CORNER OF THE THORLAND ANNEXATION NO.2 TO THE CITY OF FORT
COLLINS;
THENCE ALONG THE EAST LINE OF SAID THORLAND ANNEXATION NO.
2, N00018'28"W, A DISTANCE OF 70.00 FEET TO A POINT ON THE
NORTHERLY RIGHT OF WAY LINE OF KECHTER ROAD;
THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE, N89029'46"E, A
DISTANCE OF 1,783.56 FEET TO A POINT ON THE EAST LINE OF THE
SOUTHWEST QUARTER OF SECTION 5;
THENCE S86035'52"W, A DISTANCE OF 791.12 FEET;
THENCE S88019'42"E, A DISTANCE OF 790.26 FEET TO THE POINT OF
BEGINNING.
CONTAINING 812;118 SQUARE FEET (18.644 ACRES), MORE OR LESS.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Kechter Annexation No. 3, which annexation shall become effective upon completion of the
conditions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings
for recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by 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.
-2-
ORDINANCE NO. 086, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
KECHTER ANNEXATION NO. 3
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2012-055, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds and determines that it is in the best interests of
the City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP
6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER,
STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5,
AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 5 TO BEAR S89029'46"W, SAID LINE BEING MONUMENTED
ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, AND
ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497,
BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS
COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO;
THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 8, S00°43'36"W, A DISTANCE OF 30.01 FEET TO THE POINT
OF BEGINNING;
THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF KECHTER
ROAD, S89029'46"W, A DISTANCE OF 299.94 FEET TO THE NORTHEAST
CORNER OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY
DEED RECORDED JANUARY 24, 2006 AT RECEPTION NO.20060005697 IN
THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER;
THENCE ALONG THE EASTERLY, SOUTHERLY, AND WESTERLY
BOUNDARIES OF SAID TRACT THE FOLLOWING FIVE (5) COURSES:
1. S00044'36"W, A DISTANCE OF 725.89 FEET;
RESOLUTION 2012-072
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE KECHTER ANNEXATION NO. 3
WHEREAS, annexation proceedings were heretofore initiated by the City Council for
property to be known as the Kechter Annexation No. 3; and
WHEREAS, following notice given as required by law, the City Council has held a hearing
on said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the petition for annexation complies
with the Municipal Annexation Act, Section 31-12-101, et seq., Colorado Revised Statutes.
Section 2. That the City Council hereby finds that there is at least one -sixth (1/6)
contiguity between the City and the property proposed to be annexed; that a community of interest
exists between the property proposed to be annexed and the City; that said property is urban or will
be urbanized in the near future; and that said property is integrated with or is capable of being
integrated with the City.
Section 3. That the City Council further determines that the applicable parts of said Act
have been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the City Council further finds that notice was duly given and a hearing
was held regarding the annexation in accordance with said Act.
Section 5. That the City Council concludes that the area proposed to be annexed in the
Kechter Annexation No. 3 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 21 st
day of August A.D. 2012.
Mayor Pro Tern
ATTEST:
City Clerk
Planning & Zoning Board
July 19, 2012
Page 4
is an appropriate way to handle annexation. She doesn't think statutes had this level of creativity in
mind. She thinks the City should be really transparent on how they do some of these things.
Chair Smith asked Deputy City Attorney Daggett to comment. She said the concept of the entire street
means from curb to curb rather than end to end in the language that was read. She also wanted to
mention that although she hasn't been actively involved in the discussion about the legal basis for the
annexation petition that was filed, it is her understanding that there's been fairly extensive discussion of
that. She said City Council will be making formal findings in connection with compliance in the action
that Council takes so if, in fact, the Board does not feel comfortable making a recommendation
specifically on the issue of eligibility, you might consider making recommendations on other aspects of
the proposal.
Input
None
Member Campana made a motion to recommend to City Council to approve the Kechter
Annexation and Zoning No 1, #ANX110003; No.2, #ANX110004; and No. 3, ANXII 10005. Member
Kirkpatrick seconded the motion. The motion passed 5:1 with Schmidt dissenting.
Regency Lakeview Addition of
Christ Center Community Chui
# PDP120013 -4
Project Descriftn: This is a request This is a i
described on the Regency,
in the Low Derjsity Rei
Plan the 11 acre ocat(
Church. a projec woula
buildings pl clubhos'"e
units. There wo be 292
detached garages
include a clubhou.,
The existing
enlarged
t Use for Multi -Family Dwellio at
Project Development Plan,
Multi -Family Dw gs, as specifically
;view Project Develop t Plan, as a permitted
jial (R-L) zone d" of and Project Development
i the east si the Christ Center Community
sist of dwelling units divided among eight
are uld be a mix of one, two and three bedroom
g spaces divided among attached garages,
parking, and 283 bike spaces. Amenities would
d walkways.
detention d at the south end of the parcel would be
as a two -acre p t park. There would be no new access
drives m either Lemay Avenue or Drake . As
XAd ' on of Permitted Use is being submitted in c
eview Project Development Plan. The site is gene
corner of Lemay Avenue and Drake Road and is preE
acre Christ Center Community Church campus.
n: Approval
red, the request for an
i with the Regency
located at the southeast
s,component of the 25-
Planning & Zoning Board
July 19, 2012
Page 3
creates an opportunity to intersperse affordable housing throughout the city. Holland provided a context
of the area and the Fossil Creek Area Framework Plan:
• variety of lot sizes
• city and county subdivisions
• existing county residences
He said staff recommends approval of the annexation and requested zoning of L-M-N, Low Density
Mixed -Use Neighborhood. Further, staff is recommending that this property be included in the
Residential Neighborhood Sign District. A map amendment will not be necessary to place this property
on the Residential Neighborhood Sign District Map.
Public Input
None
Board Discussion
Member Schmidt asked if the whole area (developments under county review) is also in the receiving
area or is it just this one particular parcel. Holland said Kechter Crossing is also in the receiving area.
Schmidt asked if the county is developing at a higher density than Urban Estate. Holland said on a plan
that he's seen, there are 75 lots with a density of 3 units per acre and the average square footage of the
lots was 9,521 square feet.
Member Schmidt asked if East County Road 36 is still by synarpe a county road. Holland said it is.not a
city owned road. Schmidt said this is a very creative anne a ion— h very first triangle (annexation) is a
road. If we don't own the road, how can annex a parcel a eAo t own to get the 1/6 contiguity for the
next parcels. Holland said essentially there are two requirements for annexations. You must have the
u v
1/6 contiguity and you must have 50 /o or more of�gwne'.. i. , I; interest of the area to be annexed however,
the ownership requirement excludes publiGkroa' I ways or alleys. He said the City of Fort Collins
represents more than 50% of the owners tp inter' t eclusive of the public roads, streets, and alleyways
as defined in state statute.
Member Schmidt said she presumes the first annexation is solely roadway. Holland said correct. If the
county owns the road, are they requesting we annex that piece? She doesn't understand how you have
the starting 1/6 contiguity when it's not anyone's property —it's solely a piece of the road. Holland
referred to Schmidt's use of the word creative. He said if it's creative, than it is used more often than not.
He said when you consider the complex nature of how cities are organized, state statutes gives a lot of
leeway in their very specific case law that permit a city to annex property. If they didn't have that ability,
it would be very difficult for these sorts of things to get done.
Holland provided information on annexation case law including:
• The shape and size of the parcel ultimately annexed, whether in a flagpole annexation or
otherwise, is not relevant to its eligibility for annexation. Board of County Commissioners v.
City and County of Denver and Board of County Commissioners of County of Arapahoe v.
City of Greenwood Village.
• If annexing a portion of a street or alley, must annex the entire street or alley. C.R.S. 31-12-
105(1) (f).
Member Schmidt asked why then weren't we annexing the whole street ... it seems arbitrary where it's
stopped. She said she just wants to make the point that she's gone along when it's a private party (even
when they want to divide their parcel(s) in a creative manner). She said we don't usually start with just a
road. She said if the City has a very good reason why this has to be annexed at this particular point in
time in this creative fashion that may be one thing; but she hasn't seen it come forth. She doesn't want
to take up the Board's/everyone's time but she won't be able to support it because she doesn't think this
ATTACHMENT
Planning and Zoning Board
July 19, 2012
minutes - DRAFT
ird members who wanted to pull items from the
3, Kechter Annexation and Zoning No 1,
ANX110003; No.2, #ANX110004; and No. 3, ANX110005 be pulled from the Consent Age
Consent A-gDm
1. Minutes from a 21, 2012 Planning and Zoning Board
2. Forney Annexation an iiiaJ_Zoning, #ANX120002
Member Schmidt made a motion to appro, consent agenda consisting of the minutes from
the June 21, 2012 hearing, and the ey An ion and Initial Zoning. Member Campana
seconded the motion. The moti as approved 6:0.
Discussion Agend
3.. Kechte nexation and Zoning No 1, #ANX1100037No.2,,#ANX1 1000 No. 3, ANX110005
4. ncy Lakeview Addition of Permitted Use for Muily Dwellings at Chris ter
ommunity Church and Project Development Plan, 120013
Project: Kechter Annexation and Zoning No 1, #ANX110003; No.2, #ANX110004; and
No. 3, ANX110005 r 14
Project Description: As the Owner and Applicant, the%ity o v., ort Collins has submitted a written
petition requesting the annegatJo�n of; three sequential annexations, known
collectively as the Kechter Ange�xation. The Kechter Annexation is located
approximately 900 feet east of 'Gritersection of South Timberline Road and
Kechter Road. Job'ftq u ted zoning for this annexation is the Low Density
Mixed -Use Neighborhoo ipis rict (L-M-N), which is in compliance.with the City of
Fort Collins Structke Plan and the Fossil Creek Reservoir Area Plan.
Recommendation: Approval
Hearing Testimony, Written Comments and Other Evidence
An email from Erin Richmond in opposition was received and distributed to the Board in their Read
before Packet.
City Planner Jason Holland said. this is a 100% voluntary annexation for a property located within the
Growth Management Area. The project satisfies the requirement that no less than one -sixth of the
perimeter boundary be contiguous to the existing City boundary. The L-M-N zoning is consistent with the
City's Structure Plan Map. The City has submitted a written petition requesting the annexation of three
sequential annexation areas, known collectively as Kechter Annexation. The series of annexation areas
are:
Kechter Annexation No. 1: 0.130 acres
KechterAnnexation No. 2: 0.505 acres
Kechter Annexation No. 3: 18.644 acres
Total for Kechter Annexations 1, 2 and 3: 19.279 acres
Holland said no development is proposed and the proposal does not create an enclave. He said the
majority of the area being annexed is at 2313 Kechter Road; one of five sites in the City of Fort Collins
Land Bank program. This is a City -owned property purchased in 2006 as a part of the Land Bank
Program. He said the purpose of the Land Bank Program is a long term affordable housing tool. It also
Fossil Creek Reservoir Area ATTACHMENT
e
Land Use Framework Plan
N1
faU City Limits
Master Suaet Plan
Future Land Use
W
E et
= Growth Management Area
— Collector Lane.
Arterial4 Lanes
r District
Commercial c! Commercial
— Commercial Dleukt
Loveland GMA
� Arterial 4 Lanes
saa Employmam District
Employment
1
_ Fossil Creak Project Area
Major Arterial6 Lanes
Urban Estate
S
Mlles
wRaeourca Management Area
B Interstate
ty Neighborhoods
Low Density Mixed -Use Na
0 025 0.5 0.75
-- Collector 2 Lanes - Outside GMA
Medium Density Mixed -Use Neighborhoods
O Unified Development Plan Needed grtarlal I Lanes - Outside GMA
Rural Lends
sava�w��mmrrxooucn
Parcels
Arterial Lanes Outside GMA
Community Separator
m Naturel Areas
c - Major Arterial 6 Lanes - Outside GMA m Open Lands. Parks and Stream Corridors
e® Water
Potential Gratle Sep Rail Croons,
Adjacent Planning Areas
®_
Adopted: March 28, 1998
Proposed Trail
O
_� '--=-----==—
— ExblingTrail
Polendal Interchange
Amended: September 19, 2006
Printed: May 17, 2011
`�tColline Kechter Annexations 1, 2 and lTTAPntForl has
Structure Plan
Boundarles DISVICts
Fon COlhns GMA * D "O`va Deed
Pelenra1GMA6pamion of Comment, Commeroal psNtl
Outer Cay GMA I General Cpm+m'dal DeNd
Pfanning Alw Neigbbmbmd Commerdal Gsmd
Mpam Pmming Areae Campae Dawd
r*,, Cay Limb k-9 ErtWym MCabid
IM..1 DRrml
Nelabborhoads Edaes Corridors
Urban Estate Commmnt, sepmloe Open Lands. Parke and Mt., Comders
Low De.?, MoML4e iooMiK es] P—Rivet Camden
Medium pemdy Mlaea-llse Rural LanM aaaaaaaa Enbaneea Travel Camara (rlamd)
® Annexation -Area
1 inch = 0.3 miles
No Text
No Text
No Text
August 21, 2012 -3- ITEM 24
Land Use Code does not require a neighborhood meeting for annexation and initial zoning and a meeting was not held
for this annexation and zoning request.
ATTACHMENTS
1. Vicinity Map
2. Area Context Map
3. Zoning Map
4. Structure Plan Map
5. Fossil Creek Reservoir Area Land Use Map
6. Planning and Zoning Board minutes, July 19, 2012
August 21, 2012 -2- ITEM 24
The requested zoning forthis annexation is the Low Density Mixed -Use Neighborhood District (L-M-N). The Land Use
Code describes this zone district as follows:
Purpose. The Low Density Mixed -Use Neighborhood District is intended to be a setting for a
predominance of low density housing combined with complementary and supporting land uses that
serve a neighborhood and are developed and operated in harmony with the residential characteristics
of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday
living in neighborhoods that include a variety of housing choices, that invite walking to gathering
places, services and conveniences, and that are.fully integrated into the larger community by the
pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and
attractive walking and biking paths invite residents to 'enjoy the center as well as the small
neighborhood parks. Any new development in this District shall be arranged to form part of an
individual neighborhood.
Staff is recommending that this property be included in the Residential Neighborhood Sign District, which was
established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City that
may be particularly affected by such signs because of their predominantly residential use and character. A map
amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map.
Findings
1. The property meets the eligibility requirements included in State law to qualify for a voluntary annexation to
the City of Fort Collins.
2. The requested placement into the Low Density Mixed -Use Neighborhood District is consistent with the City
of Fort Collins Structure Plan Map and the Fossil Creek Reservoir Area Plan Map.
3. The annexation of this area is consistent with the policies and agreements between Larimer County and the
City of Fort Collins contained in the Amended Intergovemmental Agreement— Growth Management Area.
4. On July 17, 2012, the City Council adopted Resolution 2012-055 that accepted the annexation petition and
determined that the petition was in compliance with State law. The Resolution also initiated the annexation
process for the property by establishing the date, time and place when a public hearing would be held
regarding the readings of the Ordinances annexing and zoning the area.
5. The requested L-M-N, Low Density Mixed -Use Neighborhood Zoning District is in conformance with the
policies of the City's Comprehensive Plan.
6. The annexation and zoning request is in conformance with the City of Fort Collins Land Use Code.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinances on First Reading.
BOARD I COMMISSION RECOMMENDATION
The Planning and Zoning Board conducted a public hearing regarding the annexation and zoning request on July 19,
2012 and voted 5-1 to recommend approval of the annexation. The Board voted 5-1 to recommend that the property
be placed in the Low Density Mixed -Use Neighborhood Zone District. The minutes from the July 19, 2012 Planning
and Zoning Board Hearing are attached (Attachment 6).
PUBLIC OUTREACH
The public notification of the annexation and zoning request occurred two weeks prior to the item going before the
Planning and Zoning Board at their scheduled public hearing on July 19, 2012. A letter of notification of the public
hearing was mailed to all affected property owners within 800 feet of the property 14 days prior to the hearing. The
DATE: August 21, 2012 -
STAFF: Jason Holland -
Items Relating to the Kechter No. 3 Annexation and Zoning.
A. Resolution 2012-072 Setting Forth Findings of Fact and Determinations Regarding the Kechter Annexation
No. 3.
B. Hearing and First Reading of Ordinance No. 086, 2012, Annexing Property Known as the Kechter Annexation
No. 3.
C. Hearing and First Reading of Ordinance No. 087, 2012, Amending and Classifying for Zoning Purposes the
Property Included in the Kechter Annexation No. 3.
EXECUTIVE SUMMARY
As the Owner and Applicant, the City of Fort Collins has submitted a written petition requesting the annexation of three
sequential annexation tracts. Kechter Annexation No. 3 is the third of this series of sequential annexations, which are
as follows: Kechter Annexation No. 1 - 0.130 acres; Kechter Annexation No. 2 - 0.505 acres; Kechter Annexation No.
3 - 18.644 acres; Kechter Annexation total area is 19.279 acres. The majority of the land within Kechter Annexation
No. 3 includes 2313 Kechter Road, which is owned by the City of Fort Collins as part of the Land Bank program. 2313
Kechter Road contains one single-family residence and is in the FA-1 — Farming Zoning District in Larimer County.
The Kechter Annexation does not create an enclave. There are no immediate plans to develop this annexation area.
Kechter Annexation No. 3 is located approximately 900 feet east of the intersection of South Timberline Road and
Kechter Road. The requested zoning forthis annexation is the Low Density Mixed -Use Neighborhood District (L-M-N).
The surrounding properties are existing residential land uses currently zoned FA-1—Farming Zoning District in Larimer
County to the north, south, east and west.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
BACKGROUND / DISCUSSION
This is a 100% voluntary annexation for a property 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.
Annexation No. 3 has 19.7% of its perimeter boundary contiguous with City limits from a common boundary with
Kechter Annexation No. 2, thus satisfying the requirement that no less than one -sixth of the perimeter boundary be
contiguous to the existing City boundary.
The surrounding land uses are as follows
Zoning:
Land Uses:
N:
County FA-1
Blehm residential subdivision
S:
County FA-1
Existing single family residence
E:
County FA-1
Existing single family residence
E:
County FA-1
Homestead residential community
W:
County FA-1
Kechter Crossing — planned community