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HomeMy WebLinkAboutSOUTH TAFT HILL 7TH ANNEXATION & ZONING - 38-02 - REPORTS - SECOND READING (3)!d, f t � _. i 7i -1 y i ♦ � 1/ -� _ JL 4 z�' ` =ter _. 'i ,• �:; • A i � L_ o 1.. it JM . � I I e � � '31�v •` � �� � � � —` '� Jon : _ ' a'. i._: gg y ✓ _ ap r it, b jai rAl•, so ^ 3 fi = — a'�a � _�._ 7. N " T - 1. M J Y �1. ArY — ,q F46 t i1U4 L-ice �+�' f P .1 - a :� Ina.• yYY■j-y�Y!. M"i�yY�iµ - bx. e� t x yam' r ` •-1, i e..l 1. .T- { '• J s lr _ -a A March 3, 2003 CURRENW - T Regarding proposed Ordinance No. 031, 2003, Amending the Zoning District Map of the NN/NG City of Fort Collins and Classifying for Zoning Purposes the Property Included in South Taft Hill Seventh Annexation: We, the undersigned, James K. and Jeannine A. Kline, residing at 2226 Moffett Drive, in the Tefii Acres Subdivision, do hereby go on record that we do NOT at this point in time support the annexation of this property by the City of Fort Collins. Our reasons follow: • There has not been recent written notice given of either of the first or second readings of this ordinance to residents of the proposed annexation. Whatever usual notice may have been posted to the general public has not been sufficient to notify those directly affected. • This annexation is not in any way mandated or required by law. Given this fact, we believe there must be documented need and/or advantage to the majority of all parties concerned before this annexation is allowed to take place. Once this need/and or advantage is real to both the City and the affected residents, there will be a minority of dissent to the proposal; currently, the majority of residents affected by the annexation have expressed their unequivocal objection to the annexation. • Previous hearings have determined that there actually is negative economic impact to both the City and the residents of the affected area. Once their properties are annexed, residents will be required to pay city taxes for major purchases, higher property taxes, and storm and drainage fees, which could be substantial given the acreage involved with many of the properties. The majority of residents do not feel at this time that the benefits of annexation are worth the extra taxes we will be paying. • There is a "Catch 22" in this political process: As county residents, we are not represented by the City Council, nor have any political clout, since county residents cannot vote for city representatives. Yet, the decision to annex our properties is being made by city representatives who are not beholding to our interests or views. Given the higher taxes we will be paying, this constitutes "taxation without representation." • We feel that the City has not given sufficient reason for the annexation, beyond the fact that the State allows the City to annex enclaved properties under these circumstances. This moves us to question, What ARE the City's real motives? What DO they know that we don't? What is up the City's sleeve that next will be forced down our throats? If no such ulterior motives exist, then why the drive to approve the annexation in light of such opposition? We therefore request that this proposal either be denied until such a time as the annexation is amenable to the majority of those involved OR that the ordinance be tabled pending further investigation of both the City's and the residents' interests. Furthermore, should further investigations, hearings, or meetings be planned, we request that all residents affected by the annexation be notified in writing in a timely manner of the schedules of ALL such actions. 2 lating to annexation. None came up through the search. Should these not be available upon request? Council members gave the impression that this enclave is -surrounded by de- veloped areas. This is definitely not the case and will probably never be true since a significant portion of the parcel is bounded by Public Open Lands. The parcel is encompassed by City boundary, but not by development. Finally, and I would suggest most important, is the fact that the majority of the present property owners within this 220 acres do not desire annexation. Coun- cil often advertises that citizen input is one of the most important parts of the decision making process. Since Council has now been made aware that the majority of those directly affected do not want annexation, to prove and con- firm their policy of listening to the voice of the people, they should table this annexation. Annexation will take place by the process of natural attrition. When this occurs naturally, both parties will find it desirable and advantageous. As property owners within this annexation, being aware that annexation is not required by any Statue or Law, we are requesting that Council table this Reso- lution and Ordinance for an indefinite period. This will allow for more investi- gation affecting both the City's interests and the interests of the present prop- erty owners. The person writing this letter is: Jerrold Mead 2917 South Taft Hill Road (the red barn) Ph. 484-4212 or 223-1136 If you have questions please call me or contact your Council member or the Advance Planning department of the City of Fort Collins. Upon receiving this Letter of Record make any comments you may have regarding annexation. Give reasons you would be for annexation at this time or would prefer to see annexation forestalled. Your input is important as annexation is not mandated. If you have no objections to signing your name and giving your address and property description please do so. The final reading and acceptance of this proposal is scheduled to take place Tuesday, March 4rh at the regularly scheduled City Council meeting. At the first reading City Council approved annexation, so after March 4`h if adopted I would presume it would be very difficult to reverse the annexation process. Name & address Comments: (ple2 P LETTER OF RECORD CEO VFD 26 February, 2003 This is a letter of record pertaining to: QjfrAENTpLANNjNG First Reading of Ordinance No. 031, 2003, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in South Taft Hill Seventh Annexation. This is an involuntary annexation and zoning of an enclave area approximately 220 acres in size, generally located south of West Drake Road, lying to the west and east of South Taft Hill Road, and including the South Taft Hill Road right-of-way (see attached vicinity map). The annexation application complies with the applicable state law, the intergovernmen- tal Agreement between Fort Collins and Larimer County, and the applicable criteria in the Fort Collins Land Use Code. The area is partially developed and partially undeveloped and in the FA -I Farming District (north of Falcon Drive), and R Residential District (south of Falcon Drive) in Larimer County. The recommended zoning is the UE-Urban Estate and LMN=Low-Density Mixed Use Neighborhood Districts. This Ordinance was given first reading February 18`h by Fort Collins City Coun- cil and approved. A misperception seems to have occurred in the annexation process. The per- ception the public has received is that the annexation of this parcel is man- dated. Annexation itself is not mandated by any State, County, or local law. At the presentation given to City Council February 18 it was made abundantly clear that annexation is not mandated and no timetable for annexation exists in any of the wording relating to this process. What is stated in the Intergovern- mental Agreement is that the City "shall pursue" annexation. What is not stated, but is generally assumed, is that reasons exist that would be beneficial, both to the City and to the annexed site. This does not seem valid in this situation as no one is seeking annexation and the revenue impact to the City will be nega- tive. I am certain the City of Fort Collins has followed procedure in every attempt to see that due process of law has been observed. However, when a general misunderstanding of the annexation process exists among those affected by this action, would it not be wise to clarify the facts? It would seem reasonable also to expect that property owners directly con- cerned with this annexation would have been notified of the dates of first and second reading and adoption of the ordinance. Individuals I talked to within the annexation either were not notified or had the impression that their input had no value. I looked on the City of Fort Collins web page for a copy of the resolution 2003- 023, Finding of Facts, and the Ordinance No.030, 2003 and N0.031, 2003 re- Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 2003, and to be presented for final passage on 18th day of March, A.D. 2003. A Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of March, A.D. 2002. Mayor ATTEST: City Clerk SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 89 ° 16' 00" W 4.77 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, N 00' 49' 22" W 448.14 FEET ON AND ALONG THE WESTERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, S 880 41' 59" W 98.19 FEET ON AND ALONG THE SOUTHERLY LINE OF THE KIEFT ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 020 25' 52" W 34.29 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, S 880 41' 48" W 135.82 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, N 480 33' 09" W 89.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, N 05 ° 59' 13" E 403.24 FEET ON AND ALONG THE WESTERLY LINE OF SAID KIEFT ANNEXATION; THENCE, S 880 4F 51" W 475.05 FEET ON AND ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE SOUTHERLY LINE OF THE BROWN FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 ° 13' 31 " E 630.80 FEET ON AND ALONG THE EASTERLY LINE OF THE MANION ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 88° 24' 03" E 217.86 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 00' 13' 31" E 695.89 FEET ON AND ALONG THE EASTERLY LINE OF SAID MANION ANNEXATION; THENCE, S 88 ° 51' 19" W 641.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 890 38' 53" W 524.65 FEET; THENCE, N 00' 11' 49" W 391.04 FEET ON AND A POINT OFINTERSECTION WITH THE SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION AND TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 15.97 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 be, and the same hereby is, changed and amended by showing that the above -described property is included in the Residential Neighborhood Sign District. Section 3. That the City Engineer is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. SECTION 27, ALSO BEING THE WESTERLY LINE OF THE VILLAGE SQUARE ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89° 25' 16" W 322.76 FEET ON AND ALONG THE SOUTH LINE OF THE HULL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 000 02' 45" E 1100.58 FEET ON AND ALONG THE WESTERLY LINE OF SAID HULL ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT -OF WAY LINE HULL STREET; THENCE, N 89 ° 24' 34" W 645.84 FEET ON AND ALONG THE NORTHERLY RIGHT -OF WAY LINE OF SAID HULL STREET, ALSO BEING THE SOUTHERLY LINE OF THE SPRINGBROOK TWO ANNEXATION TO THE CITY OF FORT COLL NS; THENCE, N 89 ° 24' 34" W 352.50 FEET ON AND ALONG THE NORTHERLY RIGHT -OF WAY LINE OF SAID HULL STREET, ALSO BEING THE SOUTHERLY LINE OF THE SPRINGBROOK ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28; THENCE, S 00' OF 16" W 1309.48 FEET ON AND ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27 TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: CONTAINING 32.69 ACRES MORE OR LESS. PARCEL "C" - TO BE PLACED INTO THE LOW -DENSITY MIXED USE NEIGHBORHOOD (LMN) ZONE DISTRICT: A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARE\4ER, STATE OF COLORADO, CONSIDERING THE EAST LINE OF THE NORTH EAST QUARTER OF SAID SECTION 28 AS BEARING N 000 01' 16" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE EAST 1/4 CORNER OF SECTION 28,_ THENCE, N 000 01' 16" E 1732.66 FEET ON AND ALONG SAID EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE, S 880 41' 51" W 230.00 FEET ON AND ALONG THE SOUTHERLY LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 000 01' 16" W 57.22 FEET ON AND ALONG THE EASTERLY LINE OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89 ° 16' 00" W 1230.77 FEET ON AND ALONG THE 1/64 CORNER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE OF SAID PINERIDGE FOURTH ANNEXATION; THENCE, N 89° 09' 50" E 1976.40 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH 1/2OF THE SOUTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE OF THE KEN -MARK ANNEXATION TO THE CITY OF FORT COLLINS TO THE SOUTH 1/16r" CORNER OF SAID SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 171.56 ACRES MORE OR LESS. PARCEL "B" - TO BE PLACED INTO THE LOW -DENSITY MIXED USE NEIGHBORHOOD (LMN) ZONE DISTRICT: A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27 AS BEARING N 000 01' 16" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE WEST 1/4TH CORNER OF SECTIONS 27; THENCE, N 000 01' 16" E 209.98 FEET ON AND ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE WESTERLY LINE OF THE TEMPLE ANNEXATION TO THE CITY OF FORT COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, S 890 32' 05" E 596.01 FEET LEAVING SAID SECTION 28 ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 170 37' 48" E 12.62 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 89' 32' 08" E 500.22 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 00 ° 02' 12" W 198.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID TEMPLE ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE, S 89 ° 32' 07" E 220.42 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE NORTHERLY LINE OF SAID TREND HOMES 2ND ANNEXATION; THENCE, N 00 ° 02' 45" E 415.76 FEET ON AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID THENCE, S 890 02' 55" W 213.38 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE, N 000 53' 23" E 245.29 FEET ON AND ALONG THE WESTERLY LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE N 890 14' 28" E 217.21 FEET ON AND ALONG THE NORTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE, N 000 00' 22" E 667.88 FEET ON AND ALONG SAID EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO THE EAST QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2C1D ANNEXATION, AND A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE TEMPLE ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2` `D ANNEXATION; THENCE, N 000 0V 16" E 1732.66 FEET ON AND ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE, S 880 41' 51" W 230.00 FEET ON AND ALONG THE SOUTHERLY LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 000 01' 16" W 57.22 FEET ON AND ALONG THE EASTERLY LINE OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89°16' 00" W 1230.77 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, S 000 11' 49" E 391.04 FEET; THENCE, S 89' 38' 53" W 524.65 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE MANION ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 88° 51' 19" W 641.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 000 12' 10" W 1323.98 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST QUARTER TO THE CENTER QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE EASTERLY LINE OF THE QUAIL HOLLOW FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 000 15' 45" W 1326.83 FEET ON AND ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE SOUTH 16TH CORNER OF SAID SECTION 28, ALSO BEING THE EASTERLY LINE OF THE PINERIDGE FOURTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89 ° 09' 50" E 658.80 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHEAST QUARTER TO THE CENTER WEST SOUTHEAST . ORDINANCE NO. 031, 2003 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 SOUTH TAFT HILL SEVENTH 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 2.8 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 amended by including the three parcels of property referenced below as Parcels "A", "B" and "C", known collectively as the "South Taft Hill Seventh Annexation to the City of Fort Collins, Colorado", and by placing such parcels into the Urban Estate (UE) Zone District and the Low -Density Mixed Use Neighborhood (LMN) Zone District as follows: PARCEL "A" - TO BE PLACED INTO THE URBAN ESTATE WE) DISTRICT: A TRACT OF LAND SITUATE IN THE EAST 1/2OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARDAER, STATE OF COLORADO, CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 AS BEARING N 000 00' 22" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE SOUTH 1/16TH CORNER OF SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 000 00' 22" E 421.26 FEET ON AND ALONG SAID EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SPRUCE HOMES ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2ND ANNEXATION TO THE CITY OF FORT COLLINS; nonconforming use, including, without limitation, the abandonment, change, and expansion provisions. Introduced, considered favorably on first reading, and ordered published this 18th day of February, A.D. 2003, and to be presented for final passage on the 18th day of March, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of March, A.D. 2003. ATTEST: City Clerk 5 Mayor SECTION 28, ALSO BEING THE EASTERLY LINE OF THE PINERIDGE FOURTH ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89 ° 09' 50" E 658.80 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH '/z OF THE SOUTHEAST QUARTER TO THE CENTER WEST SOUTHEAST 1/64 CORNER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE OF SAID PINERIDGE FOURTH ANNEXATION; THENCE, N 890 09' 50" E 1976.40 FEET ON AND ALONG THE SOUTH LINE OF THE NORTH '/z OF THE SOUTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE NORTHERLY LINE OF THE KEN -MARK ANNEXATION TO THE CITY OF FORT COLLINS TO THE SOUTH 1/16TH CORNER OF SAID SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION, CONTAINING 220.22 ACRES MORE OR LESS. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the South Taft Hill Seventh Annexation. Section 2. That, with regard to Moore Lane, which is partially located within the subject property of this annexation, the City Council has no present intention of extending such street across Spring Creek, since the City's level of service standards for the circulation of traffic are currently being met within the subject property and the adjacent area and do not justify such extension at this time. Section 3. 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 4. 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. Section 5. That notwithstanding the provisions contained in Section 4-72 of the City Code, any property contained within this annexation shall be permitted to maintain, as a nonconforming use, the same number of horses on a parcel of property as were maintained on such parcel as of the effective date of this annexation, subject to the provisions of Section 4-95 of the City Code and any other state or local laws or regulations,pertaining to the keeping, care and/or treatment of animals. All provisions of Division 1.5_of the Land Use Code shall govern any such 2 16" E 213.20 FEET ON AND ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF SAID SPRINGBROOK ANNEXATION; THENCE, S 880 41' S1" W 230.00 FEET ON AND ALONG THE SOUTHERLY LINE OF THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 ° 0 F 16" W 57.22 FEET ON AND ALONG THE EASTERLY LINE OF THE WEST DRAKE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 89016' 00" W 1235.54 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, N 000 49' 22" W 448.14 FEET ON AND ALONG THE WESTERLY LINE OF SAID WEST DRAKE ROAD ANNEXATION; THENCE, S 880 41' 59" W 98.19 FEET ON AND ALONG THE SOUTHERLY LINE OF THE KIEFT ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 02 ° 25' S2" W 34.29 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, S 88 ° 41' 48" W 135.82 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, N 480 33' 09" W 89.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID KIEFT ANNEXATION; THENCE, N 05 ° 59' 13" E 403.24 FEET ON AND ALONG THE WESTERLY LINE OF SAID KIEFT ANNEXATION; THENCE, S 88° 41' S1" W 475.05 FEET ON AND ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE SOUTHERLY LINE OF THE BROWN FARM ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00 ° 13' 31 " E 630.80 FEET ON AND ALONG THE EASTERLY LINE OF THE MANION ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 880 24' 03" E 217.86 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 00' 13' 31" E 695.89 FEET ON AND ALONG THE EASTERLY LINE OF SAID MANION ANNEXATION; THENCE, S 88 ° 51' 19" W 641.13 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID MANION ANNEXATION; THENCE, S 000 12' 10" W 1323.98 FEET ON AND ALONG THE WEST LINE OF THE NORTHEAST QUARTER TO THE CENTER QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE EASTERLY LINE OF THE QUAIL HOLLOW FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 00° 15' 45" W 1326.83 FEET ON AND ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER TO THE SOUTH 16TH CORNER OF SAID 3 QUARTER CORNER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2ND ANNEXATION, AND A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE TEMPLE ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2`'D ANNEXATION; THENCE, N 000 01' 16" E 209.98 FEET ON AND ALONG THE EASTERLY LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28, ALSO BEING THE WESTERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 89 ° 32' 05" E 596.01 FEET LEAVING SAID SECTION 28 ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 17 ° 37' 48" E 12.62 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 89 ° 32' 08" E 500.22 FEET ON AND ALONG THE NORTHERLY LINE OF SAID TEMPLE ANNEXATION; THENCE, S 00° 02' 12" W 198.00 FEET ON AND ALONG THE EASTERLY LINE OF SAID TEMPLE ANNEXATION TO A POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27; THENCE, S 890 32' 07" E 220.42 FEET ON AND ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE NORTHERLY LINE OF SAID TREND HOMES 2"D ANNEXATION; THENCE, N 00 ° 02' 45" E 415.76 FEET ON AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 27, ALSO BEING THE WESTERLY LINE OF THE VILLAGE SQUARE ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 890 25' 16" W 322.76 FEET ON AND ALONG THE SOUTH LINE OF THE HULL ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 000 02' 45" E 1100.58 FEET ON AND ALONG THE WESTERLY LINE OF SAID HULL ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT -OF WAY LINE HULL STREET; THENCE, N 89 ° 24' 34" W 645.84 FEET ON AND ALONG THE NORTHERLY RIGHT -OF WAY LINE OF SAID HULL STREET, ALSO BEING THE SOUTHERLY LINE OF THE SPRINGBROOK TWO ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 890 24' 34" W 352.50 FEET ON AND ALONG THE NORTHERLY RIGHT -OF WAY LINE OF SAID HULL STREET, ALSO BEING THE SOUTHERLY LINE OF THE SPRINGBROOK ANNEXATION TO THE CITY OF FORT COLLINS, TO A POINT OF INTERSECTION WITH THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28; THENCE, N 00' 01' 2 ORDINANCE NO. 030, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AiNNEXING PROPERTY KNOWN AS THE SOUTH TAFT HILL SEVENTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2003-002, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; and WHEREAS, the Council of the City of Fort Collins 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 SITUATE IN THE NORTHWEST 1/4 OF SECTION 27 AND EAST '/2 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIlvIER, STATE OF COLORADO, CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 AS BEARING N 000 00' 22" E WITH ALL BEARINGS HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT THE SOUTH 1/16TH CORNER OF SECTIONS 27 AND 28, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, N 000 00' 22" E 421.26 FEET ON AND ALONG SAID EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE SPRUCE HOMES ANNEXATION TO THE CITY OF FORT COLLINS, ALSO BEING THE WESTERLY LINE OF THE TREND HOMES 2ND ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, S 890 02' 55" W 213.38 FEET ON AND ALONG THE SOUTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE, N 000 53' 23" E 245.29 FEET ON AND ALONG THE WESTERLY LINE OF SAID SPRUCE HOMES ANNEXATION; THENCE N 89' 14' 28" E 217.21 FEET ON AND ALONG THE NORTHERLY LINE OF SAID SPRUCE HOMES ANNEXATION TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28; THENCE, N 00° 00' 22" E 667.88 FEET ON AND ALONG SAID EASTERLY LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28 TO THE EAST DATE: ITEM NUMBER: City Council approve the annexation request as recommended by staff and that the properties be placed in the residential sign district. This agenda item summary includes the following attachments: 1. Vicinity maps 2. Proposed zoning map 3. Annexation Plat (reduced copy) 4. January 16, 2003 Planning and Zoning Board packet 5. Attendance Sheets for the November 7, 2002 Neighborhood Meeting 7 A ,r 4 D-1 21L, DATE: e ruary ITEM NUMBER: includes minor surface maintenance like cracksealing and the filling of potholes, but does not include asphalt overlays nor street reconstruction at the City's expense. In some cases the streets are privately maintained, that is they are the responsibility of a Homeowner's Association, by designation on the plat of the subdivision. In those cases, street maintenance will continue to be the responsibility of the association until the streets are reconstructed to City standards. Parks and Recreation The City has made significant investments in three parks that directly serve this area, as well as the Spring Creek regional trail. The existing Rossborough and Cottonwood Glen neighborhood parks provide service to neighborhoods lying to the•east and west -of South Taft Hill Road. By 2006, improvements to Cottonwood Co nmun ti y Park abuttmgithe west side of the annexation area, will be completed. As mentionedan extension of the Spring Creek Trail, consisting of a concrete trail from Drake Road-awesf and,co nect ng to the':existing trail near the Hampshire Pond subdivision, was recently constructed, including a box culvert underpass allows a grade separated crossing at South Taft Hill Road. General Government Administration/Personnel With annexation, the number of City employees and the amount of equipment are not expected to measurably increase in order to extend services to the annexation area. This can be attributed to the fact that the annexation area is largely developed at this time and has a relatively small s population. Costs and Revenues to the City,.,. , t Based on direction received from City Council on August 28 and September 25, 2001, staff has completed an assessment of potential costs and revenues associated with the annexation. The attached document, the South Taft Hill Seventh Enclave Annexation Cost and Revenues Matrix, has been prepared from existing and available information provided by City departments and other service agencies based on their understanding of personnel, operating and capital expenses. The figures derived are approximate and not intended to be precise or over prescriptive, but rather as indicators of revenues, service levels and expense. Staff completed an assessment of costs and revenues associated wi"t'h'-existing conditionsa's-;well:�a"s those related tog potential, future development scenario under ythye prop sed zoning � es'ignations and Land Use Code regulations. (Note that no cost/revenuedsummaryLfigures are&own on the "buildout" scenario due to the lack of information a o t the a e`at which -revenues ncrease.) The bottom line appears that the present cost to provide services to the annexation area, in a manner meeting the City's adopted standards, slightly exceeds the revenues that the City will take in as a result of the annexation. Property tax revenues, assessment in stormwater fees, and additional sales and use taxes, are estimated to be slightly less than the increased City costs to provide police service and street maintenance. The Planning and Zoning Board Hearing The Planning and Zoning Board considered the South Taft Hill 7th Annexation at its January 16, 2003 meeting. The Board voted unanimously (5-0, Colton and Craig absent) to recommend that DATE: February is, , ITEM NUMBER: Law Enforcement Shifting law enforcement responsibilities from Larimer County to the City is expected to reduce the demand for personnel and equipment on the County and increase the demand on the City. The cost of police services in the City is paid primarily through the General Fund. The mill levy on property provides one source of income to the General Fund. Planning, Building and Engineering With annexation, the City will assume responsibility for the review of development proposals, including overall developmenu.plans, projectdevelopment plans; and subdivisions; variances; stockpiling permits; sign andgrading g rmits; re-v'ewof building plans, issuance of building ion permits and building inspects. The amount or activity is expected to be minor, given that the area is largely developed and hat,there'are-limitations to fufiire development based on present infrastructure. Most of the planning, engineering and building plan review, permit and inspection activity will most likely be associated with small-scale land development applications, house additions and remodeling, and property improvements. The City will also assume responsibility for code enforcement, i.e. handling complaints about zoning, building, grading, sign violations, and nuisances. Streets Capital Improvements ;; `• ; ,� , a L1 �� tl As part of the "Building Commututy°AChoc'es Program", the City of Fort Collins recently completed a major widening of South Taft Hill Road bisecting the annexation area. Included within this estimated $9 million project is the creation of an 81 acre-foot Regional Detention Pond, an extension to the Spring Creek trail (including an underpass), the undergrounding of overhead powerlines, and construction of a 12" waterline. No other capital projects listed within the adopted Capital Improvement Plan (CIP) are identified for future construction within the annexation area, although an extension of West Swallow Road, a collector road, is shown on the Master Street Plan. West Swallow presently dead -ends approximately one -quarter mile'+east-of Sdutfi`tTaft'�HilkpRoad: Staff anticipates that continuation of West Swallow to South Taft Hill Road would e constructed as a condition of development approval and that the street errsi�g -program could potentially contribute to a portion of the street improvement. No other street improvements would be constructed by the City. As the annexed area develops or redevelops, developers will be required to construct or upgrade affected streets to the City's street design standards for safety and maintenance purposes. These standards include street paving installation requirements, and the provision of curbs, gutters, sidewalks and streetlights. Maintenance and Operations With the shift of responsibility from Larimer County to the City of Fort Collins for streets, there will be very slight impact to the City's street maintenance program. Most of the local streets within the annexation area do not conform to the City's street design standards. The City will provide the same level of service as the County provided prior to annexation. This usually DATE: e ruary ITEM NUMBER: Several issues regarding the impacts of annexation surfaced during discussions with property owners and at the Planning and Zoning Board hearing. Detailed responses to most questions are summarized in the Neighborhood Meeting Summary and Most Commonly Asked Questions attachments to the Planning and Zoning Board staff report. While most issues involved are similar to other annexations, one was unique to this area: Potential, future connection of Moore Lane. Moore Lane presently terminates in a cul-de-sac north of the Spring Creek channel and a dead- end street south of Spring Creek. Future development occurring west of South Taft Hill Road may trigger connection of this roadway, include a bridge over Spring°Creek„in^order to>meet -the- Ci tyk Level of Service and street connectivity standards. If i aj��velopment occurs west of South Taft Hill Roadand south of the Sprang Creek channel, a full range of transportation improvements m' stA&built by -the developer that meet the City's transportation Level of Service and design standards. Residents have expressed concern that this connection will increase traffic speeds, have adverse environmental impacts to Spring Creek, and reduce neighborhood livability. No development is proposed at this time that would trigger the extension of Moore Lane. Citizens have expressed interest in approaching City Council about placing a restriction on a future Moore Lane extension as part of tthe annexahon��rdinance. Staff has made it clear in the public record, that an annexation condition made by,the present City Council would not bind the action of a future City Council1wiith�respectt to.this issue. A Impact on the City of Fort Collins and other agencies of change in provision of infrastructure and services. Certain services to residents in the annexation area will not change as a result of the annexation. With respect to water service, fire protection, and transit, the same agency will. provide the service before and after annexation and therefore, no fiscal impact on the City will occur in these areas. Nor is it expected that the special districts will experience a change in fiscal demands on them. In addition, no impact will occur t 't-h'eis hool"district*si �'e schools are provided through the Poudre R-1 School Distract both before and'afteann"exation. Water mains are in place sufficient to provide the typical level of urban�sery es to Vlargely residential area. Both the Fort Collins/Loveland Water District and the City of -Fort Collins have existing water lines in the area and will continue their responsibility to maintain them. In the areas of law enforcement; planning, building and engineering; streets; stormwater; parks and recreation and general government administration, annexation would result in the shift in responsibility primarily from Larimer County to the City the Fort Collins. What follows is a discussion of possible impacts of this shift in these areas. Estimates of the possible costs in these areas which could result from annexation, stemming from needed equipment and personnel, and the type and number of employees needed to extend the current level of services to this area are included in the Costs and Revenues Matrix (see attached). These costs were developed from the City's current and historical experience of how costs are related to such factors as the number of existing and projected future dwelling units to be served, size of population, lane miles of streets, and acres of parkland. DATE: e ruary 18, 2003 2 - ITEM NUMBER: BACKGROUND: The surrounding zoning and land uses as follows: N: R-L Low Density Residential District — existing single family residential NC Neighborhood Commercial — Drake Crossing Shopping Center MMN— Medium Density Mixed Use Neighborhood — vacant, recently rezoned POL Public Open Lands — City -owned Spring Creek detention area S: R-L — existing single family residential E: R-L — existing single family residential LMN — Low Density Mixed Uses" eighborhood-- -vacant, existing single family residential v W: POL Public Open Lands — Cottonwood-�Glen Park and -Southwest Community Park R-L — existing single family -residential'` -•' —-•''-l— The South Taft Hill Seventh Annexation consists of approximately 220.22 acres of publicly and privately owned property. The recommended zoning is a combination of the LMN — Low - Density Mixed Use Neighborhood district, and the UE — Urban Estate district. The annexation area is located entirely within the Fort Collins Growth Management Area (GMA). Enclave areas become eligible/for annexation":when they have been completely surrounded by properties that have been within the City limits foNataleast three years. The area to be annexed has been an enclave for at le st6thr ee• years and is -'therefore, eligible for annexation. Eligibility was created three years after the date of the Pine Ridge Fourth Annexation, which occurred on March 17, 1998. When property is annexed, property taxes are adjusted by adding the City's mill levy and removing the Poudre Fire Authority's mill levy. Purchases made by those residing within the annexation area would now be subject to City sales tax. Storm drainage fees would be assessed for annexed properties. There are several advantages to the Cityy,dnd'area residents to annex enclave areas. First, is the desirability to consolidate the provisioniof public afety;sere ces While fire service is provided by Poudre Fire Authority in both the nclavef'are" and the City, police services are not. The second issue is the ability to avoid confusion amoffg the property owners, surrounding property owners and the City or County. Probably the biggest issue here relates to the provision of public safety services and enforcement of zoning and nuisance ordinances. People often don't realize that they are actually located in the County when they are surrounded by land within the City. The third issue pertains to the likelihood of development occurring under County regulations instead of the City's. The intergovernmental agreement between the City of Fort Collins and Larimer County only applies to those land use decisions requiring an action by the Board of County Commissioners. Lastly, residents of an annexed area will be able to increase their official participation in City government. Presently, County residents can only voice their opinions at public hearings. After annexation, these residents can vote in scheduled and special City elections, thereby having a political voice in important decisions made by the City which affect them. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: ITEM NUMBER: 31 A-C DATE: February 18, 2003 FROM: Cameron Gloss Items Relating to the South Taft Hill Seventh Annexation and Zoning. RECOMMENDATION:��^- - Staff recommends adoption of[he Resolution and ofI the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 2003-023 Setting Fort Findings of Fact and Determinations Regarding the South Taft Hill Seventh Annexation. B. First Reading of Ordinance No.-.030, 2�003,-Annexing.iProperty Known as the South Taft Hill Seventh Annexation. � `r C. First Reading of Ordinance No. 031, 2003, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in South Taft Hill Seventh Annexation. This is an involuntary annexation and zoning of an enclave area approximately 220 acres in size, generally located south of West Drake Road, lying to the west and east of South Taft Hill Road, and including the South Taft Hill Road right-of-way (see attached vicinity map). The annexation application complies with the applicable state law, the Intergovernmental Agreement between Fort Collins and Larimer County, and the applicable e iteri`Tin Re -Fort Collins Land Use Code. The area is partially developed and partially -undeveloped and in the FA-1 Farming District (north of Falcon Drive), and kt Reside f al District((south o4alcon Drive) in Larimer County. The recommended zoning is the UE-Urban Estate and LMN-Low-Density Mixed Use Neighborhood Districts. APPLICANT City of Fort Collins OWNERS: 91 Individual Property Owners AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 8 A-B DATE: March 18, 2003 FROM: Cameron Gloss SUBJECT: Items Relating to the South Taft Hill Seventh Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Ordinances on Second Reading EXECUTIVE SUMMARY: A. Second Reading of rdinance No. 030, 2003, Annexing Property Known as the South Taft Hill Seventh Annexation. B. Second Reading of Ordinance No. 031, 2003, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in South Taft Hill Seventh Annexation. On February 18, 2003, Council unanimously adopted Resolution 2003-023 Setting Forth Findings of Fact and Determinations Regarding the South Taft Hill Seventh Annexation. On February 18, 2003, Council also unanimously adopted on First Reading Ordinance No. 030 and Ordinance No. 031, 2003, annexing and zoning the property known as the South Taft Hill Seventh Annexation. This is an involuntary annexation and zoning of an enclave area approximately 220 acres in size, generally located south of West Drake Road, lying to the west and east of South Taft Hill Road, and including the South Taft Hill Road right-of-way. Because the local newspaper failed to publish Ordinance No. 030, 2003, at least 7 days prior to Second Reading, as required by the Charter, consideration of these two ordinances on Second Reading was postponed to this date. At the time of the hearing on First Reading of the annexation ordinance some persons affected by the annexation expressed their concerns about provisions in the animal code of the City which limits the number of horses that a person may keep. In response to that concern, a new Section 5 has been added to the annexation ordinance to permit a person to keep the same number of horses on a parcel of property as were kept there as of the effective date of the annexation.