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HomeMy WebLinkAboutKINARD JUNIOR HIGH SCHOOL - ANNEXATION & ZONING - 42-04A - REPORTS - SECOND READINGSection 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 17th day of April, A.D. 2007, and to be presented for final passage on the is ay of May, A.D. 2007. Mayo ATTEST: City Clerk Passed and adopted on final reading on the l st day of May, A.D. 2007. ATTEST: City Clerk -3- Mayor NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD (COUNTY ROAD 9), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID LINE ALSO BEING THE SOUTH LINE OF THE HOMESTEAD P.U.D., RECORDED WITH THE RECORDS OF LARIMER COUNTY AT RECEPTION NO. 93074452, SOUTH 89-22'57" WEST, A DISTANCE OF 503.80 FEET; THENCE 216.94 FEET ALONG A NONTANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 60.50 FEET AND AN INCLUDED ANGLE OF 205026'53" SUBTENDED BY A CHORD BEARINGSOUTH 89022'57" WEST, A DISTANCEOF 118.03 FEETTO A POINT ON SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINE SOUTH 89022'57"WEST A DISTANCE OF 618.25 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 00000-23" WEST, A DISTANCE OF 627.68 FEETTO A POINT OF CURVATURE; THENCE 557.97 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 520.00 FEET AND AN INCLUDED ANGLE OF 6102846" SUBTENDED BY A CHORD BEARING SOUTH 30044'00" EAST, A DISTANCE OF 531.59 FEET; THENCE SOUTH 59054-19" EAST, A DISTANCE OF 149.72 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PROPOSED TRILBY ROAD, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE ALONG SAID SOUTH RIGHT- OF-WAY LINE THE FOLLOWING FOUR COURSES AND DISTANCES, 456.98 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 567.00 FEET AND AN INCLUDED ANGLE OF 46010'40" SUBTENDED BY A CHORD BEARING NORTH 5 1011'43" EAST, A DISTANCE OF 444.71 FEET TO A POINT OF COMPOUND CURVATURE; THENCE 178.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS IF 387.00 FEET AND AN INCLUDED ANGLE OF 26022'23" SUBTENDED BY A CHORD BEARING NORTH 87028'14" EAST, A DISTANCE OF 176.57 FEET TO A POINT OF REVERSE CURVATURE; THENCE 84.81 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 431.00 FEET AND AN INCLUDED ANGLE OF l l°16'29" SUBTENDED BY A CHORD BEARING SOUTH 84058'48" EAST, A DISTANCE OF 84.68 FEET; THENCE NORTH 89022'57" EAST, A DISTANCE OF 231.59 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD (COUNTY ROAD 9); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, NORTH 00000'02" EAST, A DISTANCE OF 891.48 FEET TO THE POINT OF BEGINNING; CONTAINING 1,176,400 SQUARE FEET, OR 27.01 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. -2- ORDINANCE NO. 060, 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 KINARD JUNIOR HIGH SCHOOL 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 Kinard Junior High School 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: KNOW ALL MEN BY THESE PRESENTS THAT POUDRE SCHOOL DISTRICT, BEING THE OWNER OF THAT PART OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8 AS BEARING NORTH 00000'02" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 BETWEEN A FOUND 3 1/4" ALUMINUM CAP, STAMPED "2001, JONES LS 22098" AT THE NORTHEAST CORNER OF SAID SECTION 8, AND A ##6 REBAR WITH 3 1 /4" ALUMINUM CAP STAMPED "2000, JONES LS 22098", AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH 1/16 CORNER OF SAID SECTION 8 AND SECTION 9 TOWNSHIP 6 NORTH, RANGE 68 WEST; THENCE SOUTH 89022'57" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE Introduced, considered favorably on first reading, and ordered published this 17th day of April, A.D. 2007, and to be presented for final passage on the 1 ay of May, A.D. 2007 May ATTEST: M-:— L L 1 �11 �. Passed and adopted on final reading on the 1 st day of May, A.D. 2007. ATTEST: City Clerk -3- Mayor 60.50 FEET AND AN INCLUDED ANGLE OF 205026'53" SUBTENDED BY A CHORD BEARING SOUTH 89°22'57" WEST, A DISTANCE OF 118.03 FEETTO A POINT ON SAID SOUTH LINE; THENCE ALONG SAID SOUTH LINE SOUTH 89022'57"WEST A DISTANCE OF 618.25 FEET; THENCE LEAVING SAID SOUTH LINE SOUTH 0000023" WEST, A DISTANCE OF 627.68 FEET TO A POINT OF CURVATURE; THENCE 557.97 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 520.00 FEET AND AN INCLUDED ANGLE OF 61028'46" SUBTENDED BY A CHORD BEARING SOUTH 30044'00" EAST, A DISTANCE OF 531.59 FEET; THENCE SOUTH 59054' l9" EAST, A DISTANCE OF 149.72 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF PROPOSED TRILBY ROAD, SAID POINT ALSO BEING A POINT OF CURVATURE; THENCE ALONG SAID SOUTH RIGHT- OF-WAY LINE THE FOLLOWING FOUR COURSES AND DISTANCES, 456.98 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 567.00 FEET AND AN INCLUDED ANGLE OF 460 t0'40" SUBTENDED BY A CHORD BEARING NORTH 5101 l'43" EAST, A DISTANCE OF 444.71 FEET TO A POINT OF COMPOUND CURVATURE; THENCE 178.14 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS IF 387.00 FEET AND AN INCLUDED ANGLE OF 26022'23" SUBTENDED BY A CHORD BEARING NORTH 87028'14" EAST, A DISTANCE OF 176.57 FEET TO A POINT OF REVERSE CURVATURE; THENCE 84.81 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 431.00 FEET AND AN INCLUDED ANGLE OF 11016'29" SUBTENDED BY A CHORD BEARING SOUTH 8405848" EAST, A DISTANCE OF 84.68 FEET; THENCE NORTH 89022'57" EAST, A DISTANCE OF 23 L59 FEET TO A POINT ON SAID WESTERLY RIGHT-OF-WAY LINE OF ZIEGLER ROAD (COUNTY ROAD 9); THENCE ALONG SAID WESTERLY RIGHT-OF-WAY AND PARALLEL WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8, NORTH 00000'02" EAST, A DISTANCE OF 891.48 FEET TO THE POINT OF BEGINNING; CONTAINING 1,176,400 SQUARE FEET, OR 27.01 ACRES, MORE OR LESS; is hereby annexed to the City of Fort Collins and made a partof said City, to be known as the Kinard Junior High School Annexation, which annexation shall become effective in accordance with the provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings for recording with the Larimer County Clerk and Recorder. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. -2- ORDINANCE NO. 059, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE KINARD JUNIOR HIGH SCHOOL ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2007-011, 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: KNOW ALL MEN BYTHESE PRESENTS THAT POUDRE SCHOOL DISTRICT, BEING THE OWNER OF THAT PART OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 68 WEST, LARIMER COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: CONSIDERING THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 8 AS BEARING NORTH 00000'02" EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 8 BETWEEN A FOUND 3 1/4" ALUMINUM CAP, STAMPED "2001, JONES LS 22098" AT THE NORTHEAST CORNER OF SAID SECTION 8, AND A #6 REBAR WITH 3 1/4" ALUMINUM CAP STAMPED "2000, JONES LS 22098", AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 8, WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH 1/16 CORNER OF SAID SECTION 8 AND SECTION 9 TOWNSHIP 6 NORTH, RANGE 68 WEST; THENCE SOUTH 89022'57" WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, A DISTANCE OF 30.00 FEET TO A POINTONTHE WESTERLY RIGHT-OF-WAY LINE OFZIEGLER ROAD (COUNTY ROAD 9), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OFTHE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 8, SAID LINE ALSO BEING THE SOUTH LINE OF THE HOMESTEAD P.U.D., RECORDED WITH THE RECORDS OF LARIMER COUNTY AT RECEPTION NO. 93074452, SOUTH 89022'57" WEST, A DISTANCE OF 503.80 FEET; THENCE 216.94 FEET ALONG A NONTANGENT CURVE TO THE RIGHT. HAVING A RADIUS OF April 17, 2007 -4- Item No. 18 Findings of Fact/Conclusion In evaluating the request for the Kinard Junior High Annexation and Zoning, staff makes the following findings of fact: V1 IF A. The annexation ofthisIoZ ist the poli and agreements between Larimer County and the City Co ' , as 'ned ' e amended Intergovernmental Agreement — Growth Management Area. B. The parcel meets all criteria included in State law to qualify for annexation by the City of Fort Collins. C. The requested zone district, L-M-N, Low Density Mixed -Use Neighborhood, is in conformance with two elements of the City's Comprehensive Plan (City Plan). These elements are the Structure Plan Map and the Fossil Creek Reservoir Area Plan. D. Staff recommends the parcel be placed within the Residential Neighborhood Sign District. E. On February 20, 2007, City Council adopted Resolution 2007-011, which accepted the annexation petition and de%pnine4lhat the Detition is in compliance with State law. Planning and Zoning Board Ceco dati r Y On March 15, 2007, the Planning and Zoning Board voted 6-0 to recommend annexation into the municipal boundary and inclusion into the Residential Sign District. It also voted 6-0 to recommend placement into the Low Density Mixed -Use Neighborhood zone district. ATTACHMENTS 1. Vicinity Map. 2. Proposed Zoning Map. 3. Fossil Creek Reservoir Area Land Use Map. April 17, 2007 -3- Item No. 18 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 February 20, 2007, City Council approved a Resolution which accepted the annexation petition and established that the petition is in compliance with State statutes. ZONING 1111 Requested Zoning — Low Density Mixed -Use Neighborhood The proposed zoning for the entire 27.18 acres ofthe Kinard Junior High School Annexation is L-M- N, Low Density Mixed -Use Neighborhood. 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 d that full inte ated into the larger communityby the pattern of streets, b ther es rhood center provides a focal point, and attrac a wal and i aths 'te residents to enjoy the center as well as the sm ei oo ar . Any ne evelopment in this District shall be arranged to form part of an individual neighborhood. Typically, Low Density Neighborhoods will be clustered around and integral with a Medium Density Mixed -Use Neighborhood with a Neighborhood Commercial Center at its core. For the purposes of this Division, a neighborhood shall be considered to consist of approximately eighty (80) to one hundred sixty (160) acres, with its edges typically consisting of major streets, drainageways, irrigation ditches, railroad tracks and other major physical features." Fossil Creek Reservoir Area Plan As mentioned, the L-M-N zone district complies with both Fossil Creek Reservoir Area Plan and the City's Structure Plan Map. The L-M-N zone would match both the Fossil Lake P.U.D. to the east and Homestead P.U.D. S in In this area, the properties wes f Zie oad orth oYTby Road are planned to support an urban level of development v eas of gler d areas north of Fossil Creek Reservoir. According to the Plan: "FC-LUF - 3 Mixed -Use Neighborhoods. These neighborhoods will consist of a mix of housing types near parks, schools, and a neighborhood center. The density will be a minimum overall average of either 3 or 5 units per acre, with an overall maximum of 8 dwelling units per acre, and a maximum of 12 units per acre for any single phase." April 17, 2007 -2- Item No. IS This substantially exceeds the required minimum of 16.66% (one -sixth). The parcel, therefore, complies with the requirements of the Intergovernmental Agreement — Growth Management Area and is eligible for annexation. This is a 100% voluntary ann lion prop the Growth Management Area. The property satisfies the req emen no s an on xth of the perimeter boundary be contiguous to the existing Citybo co nded g of L-M-N, Low Density Mixed - Use Neighborhood, 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. Resolution 2007-011, adopted on February 20, 2007 initiated the annexation. On March 15, 2007, the Planning and Zoning Board took two specific actions in making its recommendation to City Council: 1. The Board voted 6-0 to recommend approval of the annexation. 2. The Board also voted 6-0 to recommend the property be placed in the Low Density Mixed - Use Neighborhood zone district and within the Residential Neighborhood Sign District. Consistency with Existing PoliciesIL Ir According to the policies andto"nrintergojyrnmental iort Collins and Larimer County, contained in the amended Agreements — Growth Management Area (IGA), the City will agree to consider for annexation property in the GMA. when such property is eligible for annexation according to State law. According to Section 8A ofthe IGA, 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: L M-N; Single family subdivision (Homestead P.U.D.) S: County FA-1; Rural res' jDpe er E: LM-N; Existing singl amily s states) W: County FA-1; Rural r entia echt Farm). The parcel gains the necessary one -sixth contiguity along the entire east and a portion of the north property lines. Of the total perimeter boundary, the parcel has 41 % 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 Intergovernmental Agreement — Growth Management Area and is eligible for annexation. One of the stated intents of the IGA is to have urban development occur within the City in order that AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ATTACHMENT 1 ITEM NUMBER: 18 DATE: April 17, 2007 SUBJECT '%bo"'-" ~'-'0v _AL_AL_ : Ted Shepard Item Relating to the Kinard Junior High School Annexation and Zoning. RECOMMENDATION Staff recommends approval of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY A. Resolution 2007-038 S o i aneterminations Regarding the Kinard Junior High Sc of Ann ation. B. Hearing and First Readin Ordi 59, 20 , Annexing Property Known as the Kinard Junior High School Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 060, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kinard Junior High School Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property approximately 27.18 acres in size. The site is 3002 East Trilby Road, located approximately one-half mile south of Kechter Road on the west side of Ziegler Road. Contiguity with the existing municipal boundary is gained along the entire east boundary which is shared with the Fossil Lake Annexation No. 2. Contiguity is also gained along a portion of the north boundary which is shared with the Homestead Annexation. BACKGROUND The property is located within thi'WWth agemnie t Area (rAIA). According to the policies and agreements between the City of Fort Collins and Larimer County contained in thelntergovernmental 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 east and a portion of the north property lines. Of the total perimeter boundary, the parcel has 41 % contiguity with the City limits. ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: May 1, 2007 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Items Relating to the Kinard Junior High School Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY B. Second Reading of Ordinance No. 059, 2007, Annexing Property Known as the Kinard Junior High School Annexation to the City of Fort Collins, Colorado. C. Second Reading of Ordinance No. 060, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Kinard Junior High School Annexation to the City of Fort Collins, Colorado. These Ordinances, unanimously adopted on First Reading on April 17, 2007, annex and zone a property approximately 27.18 acres in size. The site is 3002 East TrilbyRoad, located approximately one-half mile south of Kechter Road on the west side of Ziegler Road. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - April 17, 2007.