HomeMy WebLinkAboutOLD OAK ESTATES (5227 STRAUSS CABIN RD.) - ANNEXATION & ZONING - FIRST READING - 25-07 - REPORTS - RECOMMENDATION/REPORTSection 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 2nd day of
October, A.D. 2007, and to be presented for final passage on the 16th day of October, A.D. 2007.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading on the 16th day of October, A.D. 2007.
ATTEST:
City Clerk
9
Mayor
ORDINANCE NO. 109, 2007
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 OLD OAKS ESTATES 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 Council has considered the zoning of the
property which is the subject of this ordinance, and has determined that the said property should be
zoned as hereafter provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Old Oaks Estates Annexation to the City of Fort Collins, Colorado, in the
Urban Estate ("UE") Zone District, which property is more particularly described as situate in the
County of Larimer, State of Colorado, to wit:
A tract of land located in the Southeast Quarter of Section 4 and the Southwest Quarter of
Section 3, Township 6 North, Range 68 West of the 6th Principal Meridian, Countyof Larimer, State
of Colorado being more particularly described as follows:
Considering the East line of the Southeast Quarter of said Section 4 as bearing South
03°37'29" East and with all bearings contained herein relative thereto:
Commencing at the East Quarter Comer of said Section 4; thence, along the East line
of the Southeast Quarter of said Section, South 03°37'29" East, 985.16 feet to the
POINT OF BEGINNING; thence, North 90100'00" East, 3 5.07 feet to the East Right-
of-way line of Strauss Cabin Road; thence, along said East Right -of -Way line, South
03°37'29" East, 328.56 feet; thence, North 90°00'00" West, 35.07 feet to a point on
the East Line of the Southeast Quarter of said Section; thence, North 90000'00" West,
662.50 feet; thence, North 03°33'16" West, 328.53 feet; thence, North 90°00'00"
East, 662.10 feet to POINT OF BEGINNING.
The above described tract of land contains 228,666 square feet or 5.249 acres more
or less.
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
October, A.D. 2007, and to be presented for final passage on the 16th day of October, A.D. 2007.
Mayor
ATTEST:
Chief Deputy City Clerk
Passed and adopted on final reading on the 16th day of October, A.D. 2007.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 108, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
OLD OAKS ESTATES ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2007-071 finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS, the Council does hereby find and determine that it is in the best interests of the
City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
A tract of land located in the Southeast Quarter of Section 4 and the Southwest
Quarter of Section 3, Township 6 North, Range 68 West of the 6th Principal
Meridian, County of Larimer, State of Colorado being more particularly described
as follows:
Considering the East line of the Southeast Quarter of said Section 4 as bearing South
03°37'29" East and with all bearings contained herein relative thereto:
Commencing at the East Quarter Corner of said Section 4; thence, along the East line
of the Southeast Quarter of said Section, South 03°37'29" East, 985.16 feet to the
POINT OF BEGINNING; thence, North 90°00'00" East, 35.07 feet to the East Right-
of-way line of Strauss Cabin Road; thence, along said East Right -of -Way line, South
03°37'29" East, 328.56 feet; thence, North 90°00'00" West, 35.07 feet to a point on
the East Line of the Southeast Quarter of said Section; thence, North 90000,001, West,
662.50 feet; thence, North 03°33'16" West, 328.53 feet; thence, North 90,00,00"
East, 662.10 feet to POINT OF BEGINNING.
The above described tract of land contains 228,666 square feet or 5.249 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 Old
Oaks Estates Annexation, which annexation shall become effective in accordance with the provisions
contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for
recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines,
RESOLUTION 2007-088
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE OLD OAKS ESTATES ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Old Oaks Estates Annexation; and
WHEREAS, following notice given as required by law, the Council has held a hearing on
said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the petition for annexation complies with
the Municipal Annexation Act.
Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
urbanized in the near future; and that said property is integrated with or is capable ofbeing integrated
with the City.
Section 3. That the Council further determines that the applicable parts of said Act have
been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with said Act.
Section 5. That the Council concludes that the area proposed to be annexed in the Old
Oaks Estates Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd
day of October, A.D. 2007.
Mayor
ATTEST:
Chief Deputy City Clerk
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Vicinity Map
October 2, 2007 -4- Item No. 13 A-C
Compliance with State Law
As mentioned, the annexation has 50% of its perimeter boundary contiguous with existing city limits
which exceeds the required one -sixth as mandated by State law. Further, the parcel is found to have
a community of interest with the city and the parcel is expected to urbanize shortly.
Findings of Fact/Conclusion
In evaluating the request for the Old Oak Estates Annexation and Zoning, staff makes the following
findings of fact:
• The annexation of this parcel is consistent with the policies and agreements between Larimer
County and the City of Fort Collins, as contained in the amended IGA.
• The parcel meets all criteria included in State law to qualify for annexation by the City of
Fort Collins.
• The requested zone district, U-E, Urban Estate, is in conformance with the City's
Comprehensive Plan (Fossil Creek Reservoir Area Plan) and the City Structure Plan Map.
• The Planning and Zoning Board recommends the parcel be placed within the Residential
Neighborhood Sign District.
• On August 21, 2007, City Council approved the Resolution which accepted the annexation
petition and determines that the petition is in compliance with State law.
Planning and Zoning Board Recommendation
On September 20, 2007, the Planning and Zoning Board voted 7-0 to recommend annexation into
the municipal boundary and inclusion into the Residential Sign District. It voted 7-0 to recommend
placement into the U-E, Urban Estate zone district.
ATTACHMENTS
1. Vicinity Map.
2. Zoning Map.
October 2, 2007 -3- Item No. 13 A-C
One of the stated intents of the IGA is to have urban development occur within the City in order that
the provision of urban level services by the County would be minimized. This is a 100% voluntary
annexation. The parcel is not an enclave. On August 21, 2007, City Council approved a Resolution
which accepted the annexation petition and established that the petition is in compliance with State
statutes.
Zoning
The proposed zoning for the Old Oak Estates Annexation is U-E, Urban Estate. This district is
intended to be a setting for a predominance of low -density and large -lot housing. In addition, the
zone provides for the Residential Cluster Plan Development option. The main purposes of this
District are to acknowledge the presence of the many existing subdivisions which have developed
in these uses that function as parts of the community and to provide additional locations for similar
development, typically in transitional locations between more intense urban development and Waal
or open lands.
In addition, staffrecommends the parcel be placed within the Residential Neighborhood Sign District
which was created for the purpose of regulating signs for non-residential uses in certain geographic
locations of the city. The applicants are in agreement with this designation.
Fossil Creek Reservoir Area Plan
Old Oak Estates represents the third property in a sequence, from north to south, that has recently
annexed along the west side of Strauss Cabin Road. All three parcels gain contiguity with
Willowbrook Subdivision (marketed as Observatory Village). These parcels are:
Sunrise Ridge Annexation 10.34 acres July 5, 2005
Sunrise Ridge Second Annexation 5.23 acres March 7, 2006
Old Oak Estates 5.00 acres Pending
All three annexations are located within the Fossil Creek Reservoir Area Plan. In a description the
Land Use Framework Plan, the Plan states:
"Achieve higher densities where they are appropriate and feather to lower densities
as development nears Fossil Creek Reservoir."
"Estate Residential development will provide the transition from the more intensive
development in the north to rural residential in the south."
The Fossil Creek Reservoir Area Plan was jointly adopted by the City and Larimer County in 1998.
The requested zoning of U-E complies with both the City's Structure Plan Map and the Fossil Creek
Reservoir Area Plan.
October 2, 2007 -2- Item No. 13 A-C
requirements of the Intergovernmental Agreement for the City of Fort Collins Growth Management
Area and is eligible for annexation,
This is a 100% voluntary annexation for a property located within the Growth Management Area.
The property satisfies the requirement that no less than one -sixth of the perimeter boundary be
contiguous to the existing City boundary. The recommended zoning of U-E, Urban Estate, is in
compliance with the City's Comprehensive Plan and Structure Plan Map. Staff recommends the
parcel be placed within the Residential Neighborhood Sign District.
The Initiating Resolution was considered by City Council on August 21, 2007 and adopted. On
September 20, 2007 the Planning and Zoning Board considered the item and made two specific
recommendations to City Council:
The Board voted 7-0 to recommend approval of the annexation.
2. The Board then voted 7-0 to recommend the property be placed in the Urban Estate zone
district and within the Residential Neighborhood Sign District.
Consistency with Existing Policies
According to the policies and agreements between the City of Fort Collins and Larimer County,
contained in the amended Intergovernmental Agreement for the City of Fort Collins Growth
Management Area (IGA), the City will agree to consider for annexation property in the U.G.M.A.
when such property is eligible for annexation according to State law. According to Section 8A of
the I.G.A., as amended:
"It is the City's intent to annex properties within the GMA as expeditiously as
possible consistent with the terms of this Agreement. Except as provided in Section
8(B), the City agrees to consider the annexation of any parcel or parcels of land
located within the GMA which are eligible for voluntary annexation pursuant to the
provisions of Title 31, Article 12 Colorado Revised Statutes."
The surrounding zoning and land uses are as follows:
N:
U-E
Existing Single Family Home (Pending Sunrise Ridge 2nd P.D.P.)
S:
FA-1
(County); Existing large -lot, semi -rural single family detached residential
E:
FA-1
(County); Existing church and Fossil Creek Reservoir Inlet Ditch
W:
L-M-N
Existing Single Family Attached (Willowbrook Subdivision — marketed as
Observatory Village).
The parcel gains the necessary one -sixth contiguity along the entire northern and western boundaries.
Ofthe total perimeterboundary, the parcel has 50% contiguity with the city limits. This substantially
exceeds the required minimum of 16.66% (one -sixth). The parcel, therefore, complies with the
requirements of the IGA and is eligible for annexation.
ITEM NUMBER: 13 A-C
AGENDA ITEM SUMMARY DATE: October 2, 2007
FORT COLLINS CITY COUNCIL STAFF: Ted Shepard
SUBJECT
Items Relating to the Old Oak Estates Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
EXECUTIVE SUMMARY
A. Resolution 2007-088 Setting Forth Findings of Fact and Determinations Regarding the Old
Oak Estates Annexation.
B. Hearing and First Reading of Ordinance No. 108, 2007, Annexing Property Known as the
Old Oak Estates Annexation to the City of Fort Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 109, 2007, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Old
Oak Estates Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property that is approximately 5.73 acres in
size. The site is 5227 Strauss Cabin Road located approximately one-half mile south of Harmony
Road. Contiguity with the existing municipal boundary is gained along the entire northern and
western boundaries.
BACKGROUND
The property is located within the Growth Management Area. According to the policies and
agreements between the CityofFort Collins and Larimer County contained in the Intergovernmental
Agreement for the City of Fort Collins Growth Management Area, the City will agree to consider
annexation of property in the GMA when the property is eligible for annexation according to State
law.
The parcel gains the necessary one -sixth contiguity along the entire northern and western boundaries.
Of the total perimeter boundary, the parcel has 50% contiguity with the city limits. This substantially
exceeds the required minimum of 16.66% (one -sixth). The parcel, therefore, complies with the