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HomeMy WebLinkAboutWEINER (ENCLAVE) ANNEXATION & ZONING - FIRST READING - 36-06 - REPORTS - RECOMMENDATION/REPORTCONTINUING, S 01- 28' 38" E 15.00 FEET ALONG SAID NORTHERLY LINE, THENCE, S 87' 53' 08" E 27.42 FEET ALONG SAID NORTHERLY LINE; THENCE, S 810 01' 38" E 204.82 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID ZIEGLER ROAD, THE WESTERLY LINE OF SAID WEBSTER FARM ANNEXATION AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 7.553 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 20th day of February, A.D. 2007, and to be presented for final passage on the 6th day of March, A.D. 2007. ATTEST: City Clerk Mayor Passed and adopted on final reading on the 6th day of March, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 036, 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 WEINER ENCLAVE 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 Weiner Enclave Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed -Use Neighborhood (LMN) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AS BEARING NORTH 01' 28' 38" WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE, N 01' 28' 38" W 709.38 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE HH-36 ANNEXATION; THENCE, N 81 ' 01' 38" W 30.50 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY OF ZIEGLER ROAD AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 01' 28' 38" W 1212.17 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID ZIEGLER ROAD ALSO BEING THE WESTERLY LINE OF THE WEBSTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 88 ' 16' 32" W 328.36 FEET ALONG AN EASTERLY PORTION OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS; THENCE S 00' 04' 40" W 519.34 FEET ALONG SAID EASTERLY PORTION; THENCE, S 89' 58' 38" E 113.20 FEET ALONG SAID EASTERLY PORTION; THENCE, S 01' 28' 38" E 654.53 FEET ALONG THE EASTERLY PORTION OF SAID RUFF ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID HH-36 ANNEXATION; CONTAINING 7.553 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 Weiner Enclave Annexation. 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 ("the Subdistrict'). Upon inclusion into the Subdistrict, said property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict. Introduced, considered favorably on first reading, and ordered published this 20th day of February, A.D. 2007, and to be presented for final passage on the 6th day of March, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 6th day of March, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 035, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE WEINER ENCLAVE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2007-003 staring the intent of the City to annex and initiating annexation proceedings for the Weiner Enclave Annexation has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council of the city of Fort Collins hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three years prior to this date; and WHEREAS, the Council of the City of Fort Collins 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 SITUATE IN THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO; CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AS BEARING NORTH 01' 28' 38" WEST WITH ALL BEARINGS HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 5; THENCE, N 01' 28' 38" W 709.38 FEET ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE HH-36 ANNEXATION; THENCE, N 81' 01' 38" W 30.50 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY OF ZIEGLER ROAD AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 01- 28' 38" W 1212.17 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID ZIEGLER ROAD ALSO BEING THE WESTERLY LINE OF THE WEBSTER FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 88 ' 16' 32" W 328.36 FEET ALONG AN EASTERLY PORTION OF THE RUFF ANNEXATION TO THE CITY OF FORT COLLINS; THENCE S 00 ' 04' 40" W 519.34 FEET ALONG SAID EASTERLY PORTION; THENCE, S 89' 58' 38" E 113.20 FEET ALONG SAID EASTERLY PORTION; THENCE, S 01' 28' 38" E 654.53 FEET ALONG THE EASTERLY PORTION OF SAID RUFF ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF SAID HH-36 ANNEXATION; CONTINUING, S 01- 28' 38" E 15.00 FEET ALONG SAID NORTHERLY LINE, THENCE, S 87' 53' 08" E 27.42 FEET ALONG SAID NORTHERLY LINE; THENCE, S 81' 01' 38" E 204.82 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF SAID ZIEGLER ROAD, THE WESTERLY LINE OF SAID WEBSTER FARM ANNEXATION AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; No Text February 20, 2007 -4- Item No. 21 A-B STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to include this property in the Residential Neighborhood Sign District. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting of January 18, 2007, voted to recommend approval of the annexation and requested zoning as part of the Board's Consent Agenda. The Planning and'Zoning Board, at its regular monthly meeting of January 18, 2007, voted (as part of the Board's Consent Agenda) to recommend that this property be included in the Residential Neighborhood Sign District. February 20, 2007 -3- Item No. 21 A-B This property complies with State regulations by meeting the requirement for 1/6 contiguity to existing City limits. These properties are an enclave (completely surrounded by the City of Fort Collins since 2002) and gain the required 1/6 contiguity to existing City limits from common boundaries with the Webster Farm Annexation (February, 2002) to the east, the H. H. - 36 Annexation (December, 1998) to the south, and the Ruff Annexation (September,1998) to the north and west. Although the proposed enclave annexation is an involuntary action, the property owner of 5305 Ziegler Road has been contacted and has not expressed an objection to the annexation. Also, the property owners of 5117 Ziegler Road have been contacted and have indicated that they have no objection to the annexation. The surrounding zoning and land uses are as follows: N: LMN in City of Fort Collins; existing residential (Harvest Park) E: LMN in City of Fort Collins; existing school (Fossil Ridge High) S: LMN in City of Fort Collins; existing residential (Sage Creek) W: LMN in City of Fort Collins; existing residential (Harvest Park, Sage Creek) The recommended zoning for this annexation is the LMN - Low Density Mixed -Use Neighborhood Zoning District. There are numerous uses permitted in this District, subject to either administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of the Comprehensive Plan, suggests that a Low Density Mixed -Use Neighborhoods designation is appropriate in this location. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to include this property in the Residential Neighborhood Sign District. Findings The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the Intergovernmental Agreements. 2. The area meets the eligibility requirements included in State law to qualify for an involuntary annexation to the City of Fort Collins. 3. On January 16, 2007, the City Council considered a resolution determining that the proposed annexation process for this property by establishing the date, time, and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. Public hearing and first reading of the Ordinances annexing and zoning the property will be considered by the City Council on February 20, 2007. 4. The LMN - Low Density Mixed -Use Neighborhood Zoning District is appropriate for this site based on adjacent zoning and existing land uses and is in conformance with the policies of the Citys Comprehensive Plan. February 20, 2007 -2- Item No. 21 A-B Mitch A. Weiner 3139 Rookery Road Fort Collins, CO. 80528 Express Concrete Inc. 5305 Ziegler Road Fort Collins, CO. 80528 BACKGROUND This in an annexation initiated by the City of Fort Collins. The area to be annexed is the entirety of an enclave that has been surrounded by the City of Fort Collins for more than three years; therefore, no annexation petition is required for this annexation. In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally Owned Land, when any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality without complying with: • CRS 31-12 -104 Eligibilityfor Annexation; or • CRS 31-12-105 Limitations; or • CRS 31-12-108 Setting Hearing Date; or • CRS 31-12-109Hearing, if said area has been so surrounded for a period of not less than three years; except that notice of the proposed annexation ordinance shall be given by publication as provided by Section 31-12-108; however, for notices of annexation petitions and resolutions initiating annexation proceedings, no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. The property is located within the Fort Collins Growth Management Area (GMA). According to policies and agreements between the City of Fort Collins and Larimer County contained in the 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. Pursuant to the Intergovernmental Agreements the following sections are relevant to the Arbor South Second Annexation and Zoning: Section 8 - Annexations Section 8.A. It is the City's intent to annex properties within the GMA as expeditiously as possible. Section 8.D. The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. ITEM NUMBER: 21 A-B AGENDA ITEM SUMMARY DATE: February 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Relating to the Weiner Enclave Annexation. RECOMMENDATION Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 035, 2007, Annexing Property Known as the Weiner Enclave Annexation to the City of Fort Collins, Colorado B. Hearing and First Reading of Ordinance No. 036, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Weiner Enclave Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 7.55 acres located on the west side of Ziegler Road, south of Rock Creek Drive, and north of Kechter Road. Fossil Ridge High School is directly to the east. This annexation request consists of two properties (5117 Ziegler Road and 5305 Ziegler Road) that are developed as single-family residences with several outbuildings. The property at 5117 Ziegler Road contains an existing livestock feedlot (not operating) and the property at 5305 Ziegler Road contains a commercial business (Express Concrete). The McClelland's Channel runs along the south property line of 5305 Ziegler Road. The properties are in the FA1 - Fanning Zoning District in Larimer County. The requested zoning in the City of Fort Collins is LMN - Low Density Mixed -Use Neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to include this property in the Residential Neighborhood Sign District. APPLICANT: City of Fort Collins OWNERS: Ronald & Paula Ruff 5117 Ziegler Road Fort Collins, CO. 80528