HomeMy WebLinkAboutHH-36 ANNEXATION & ZONING - 34-98 - REPORTS - FIRST READING•
• VICINITY MAP 09/15/98
#34-98 HH-36 Annexation
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Introduced, considered favorably on first reading, and ordered published this 17th day of
November, A.D. 1998, and to be presented for final passage on the 1 st day of December, A.D. 1998.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 1 st day of December, A.D. 1998.
ATTEST:
City Clerk
U
0
Mayor Pro Tem
4. S73038' 17"E A DISTANCE OF 289.66 FEET;
5. S65009'47"E A DISTANCE OF 119.57 FEET; .
6. S22008'37"E A DISTANCE OF 71.12 FEET;
7. N88020'38"E A DISTANCE OF 128.89 FEET;
8. 6042'12"E A DISTANCE OF 133.72 FEET;
9. 4053'37"E A DISTANCE OF 115.82 FEET;
10. S82005'57"E A DISTANCE OF 200.63 FEET;
]I. 039'53"E A DISTANCE OF 260.98 FEET;
12. 041'32"E A DISTANCE OF 370.98 FEET TO THE WESTERLY LINE OF BOOK
1264 PAGE 300, LARIMER COUNTY RECORDS;
THENCE ON THE WESTERLY AND SOUTHERLY LINE OF SAID BOOK 1264 PAGE
300 THE FOLLOWING THREE (3) COURSES:
1. S01024'57E A DISTANCE OF 15.00 FEET;
2. S87049'27"E A DISTANCE OF 27.42 FEET;
3. S80057' 57"E A DISTANCE OF 235.32 FEET TO THE EAST LINE OF SAID
SOUTHEAST ONE -QUARTER;
THENCE N88035'03"E A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT OF
WAY LINE OF LARIMER COUNTY ROAD NO. 9; THENCE SO1°24'57"E ON SAID
EASTERLY RIGHT OF WAY LINE A DISTANCE OF 711.56 FEET AND S00020'32"W
A DISTANCE OF 50.00 FEET TO THE EASTERLY PROLONGATION OF THE
SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD NO. 36;
THENCE S 89033'58"W ON SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE
OF 2736.04 FEET TO THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF
SECTION 8; THENCE N00°47' 15 "E A ON SAID WEST LINE A DISTANCE OF 50.01
FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2,636,555 SQUARE FEET (60.527 ACRES).
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 Director of Engineering is hereby authorized and directed to amend
said Zoning Map in accordance with this Ordinance.
• ORDINANCE NO. 215, 1998
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 HH-36 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 be, and the same hereby is, changed and
amended by including the property known as the HH-36 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 SITUATED IN PORTIONS OF SECTIONS 4, 5, 8, AND 9,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6T" P.M., COUNTY OF LARIMER,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF
SAID SECTION 5, BEING MONUMENTED AT THE EAST END BY A 2-1/2"
ALUMINUM CAP ON A NO.6 REBAR °LS 14823" AND AT THE WEST END BY A 2"
ALUMINUM CAP ON A NO.6 REBAR "LS 5028" IS ASSUMED TO BEAR
S89033'58"W.
BEGINNING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 5;
THENCEN00°46'33 "WON THE WEST LINE OF SAID SOUTHEAST ONE -QUARTER
OF SAID SECTION 5 A DISTANCE OF 1154.48 FEET TO THE CENTERLINE OF
SPRING CANYON WASTE WATER DITCH; THENCE ALONG SAID CENTERLINE
THE FOLLOWING TWELVE (12) COURSES:
1. S75011'42"E A DISTANCE OF 202.74 FEET;
2. S58023'27"E A DISTANCE OF 322.36 FEET;
1 N65009'43"E A DISTANCE OF 439.76 FEET;
• Passed and adopted on final reading this 1 st day of December, A.D. 1998.
ATTEST:
City Clerk
0
Mayor Pro Tern
0
THENCE ON THE WESTERLY AND SOUTHERLY LINE OF SAID BOOK 1264 PAGE
300 THE FOLLOWING THREE (3) COURSES:
1. SO1°24'57"E A DISTANCE OF 15.00 FEET;
2. S87049'27"E A DISTANCE OF 27.42 FEET;
3. S80057'57"E A DISTANCE OF 235.32 FEET TO THE EAST LINE OF SAID
SOUTHEAST ONE -QUARTER;
THENCE N88035'03 "E A DISTANCE OF 30.00 FEET TO THE EASTERLY RIGHT OF
WAY LINE OF LARIMER COUNTY ROAD NO.9; THENCE S01024'57"E ON SAID
EASTERLY RIGHT OF WAY LINE A DISTANCE OF 711.56 FEET AND S00020'32"W
A DISTANCE OF 50.00 FEET TO THE EASTERLY PROLONGATION OF THE
SOUTHERLY RIGHT OF WAY LINE OF LARIMER COUNTY ROAD NO. 36;
THENCE S 89033'58"W ON SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE
OF 2736.04 FEET TO THE WEST LINE OF THE NORTHEAST ONE -QUARTER OF
SECTION 8; THENCE N00°47' 15"E A ON SAID WEST LINE A DISTANCE OF 50.01
FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 2,636,555 SQUARE FEET (60.527 ACRES).
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the HH-36 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.
Introduced, considered favorably on first reading, and ordered published this 17th day of
November, A.D. 1998, and to be presented for final passage on the 1 st day of December, A.D. 1998.
ATTEST:
City Clerk
Mayor
2 0
0
ORDINANCE NO. 214, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
HH-36 ANNEXATION TO THE CITY OF FORT COLLINS, COLOR -ADO
WHEREAS, Resolution 98-136 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 SITUATED IN PORTIONS OF SECTIONS 4, 5, 8, AND 9,
TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6T" P.M., COUNTY OF LARIMER,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS;
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHEAST ONE -QUARTER OF
SAID SECTION 5, BEING MONUMENTED AT THE EAST END BY A 2-1/2"
ALUMINUM CAP ON A NO.6 REBAR °LS 14823" AND AT THE WEST END BY A 2"
ALUMINUM CAP ON A NO.6 REBAR "LS 5028" IS ASSUMED TO BEAR
S89033'58"W.
BEGINNING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 5;
THENCE N00046' 3 3 "WON THE WEST LINE OF SAID SOUTHEAST ONE -QUARTER
OF SAID SECTION 5 A DISTANCE OF 1154.48 FEET TO THE CENTERLINE OF
SPRING CANYON WASTE WATER DITCH; THENCE ALONG SAID CENTERLINE
THE FOLLOWING TWELVE (12) COURSES:
1.
S75011'42"E A DISTANCE OF 202.74 FEET;
2.
S58023'27E A DISTANCE OF 322.36 FEET;
3.
N65009'43"E A DISTANCE OF 439.76 FEET;
4.
S73038' 17"E A DISTANCE OF 289.66 FEET;
5.
S65009'47E A DISTANCE OF 119.57 FEET;
6.
S22008'37E A DISTANCE OF 71.12 FEET;
7.
N88020'38"E A DISTANCE OF 128.89 FEET;
8.
6042' 12"E A DISTANCE OF 133.72 FEET;
9.
4053'37"E A DISTANCE OF 115.82 FEET;
10.
S82005'57E A DISTANCE OF 200.63 FEET;
11.
039'53"E A DISTANCE OF 260.98 FEET;.
12.
041'32"E A DISTANCE OF 370.98 FEET TO THE WESTERLY LINE OF BOOK
1264 PAGE 300, LARIMER COUNTY RECORDS;
RESOLUTION 98-154
OF THE COUNCIL OF THE CITY OF FORT COLLINS,
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE HH-36 ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the HH-36Annexation; 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 of being 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 HH-
36 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 held this
l 7th day of November, A.D. 1998.
Mayor
ATTEST:
City Clerk
DATE
^EM NUMBER: 'q
The purpose of the LMN, Low Density Mixed Use Neighborhood is:
"..an addition to the community which provides a place for a predominance of low density
housing, along with other secondary uses that serve the neighborhood and are in harmony
with the residential character."
The requested LMN zoning is also consistent with the Fossil Creek Reservoir Area Land Use
Framework Plan.
Staff recommends that this property be included in the Residential Neighborhood Sign District,
which was established for the purpose of regulating signs for non-residential uses in certain
geographical areas of the City which may be particularly affected by such signs because of their
predominantly residential use and character. A map amendment would be necessary to place this
property on the Residential Neighborhood Sign District Map,
PLANNING AND ZONING BOARD RECOMMENDATION:
On October I,1998 the Planning and Zoning Board unanimously approved (5-0) a recommendation
that the subject property be annexed and zoned LMN, Low Density Mixed Use Neighborhood.
STAFF RECOMMENDATION:
City staff recommends that the property be annexed to the City of Fort Collins, that the property be
zoned LMN, Low Density Mixed -Use Neighborhood, and that the property be included in the
Residential Neighborhood Sign District.
DATE: November 17, 1998 r I 1 2 fEM NUMBER: 24 A-C
BACKGROUND:
The surrounding zoning and land uses are as follows:
N: RL; existing residential, schools (Wildwood Farms, Preston Junior High,1999 Elementary)
E: FA-1 in Larimer County; existing agriculture
S: FA-1 in Larimer County; existing large acreage residential
W: RL; existing residential (Stetson Creek, Timber Creek)
The applicant, James Construction Company (c/o Cityscape Urban Design, Inc.) on behalf of the
owner, H.H. Investment Company, A Colorado General Partnership (c/o Thomas J. Morroni) has
submitted a written petition requesting a voluntary annexation to the City of Fort Collins. H.H.
Investment Company comprises more than fifty percent (50%) of the landowners in the area and own
more than fifty percent (50%) of the area to be annexed, excluding public streets, alleys and lands
owned by the City of Fort Collins.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City of Fort Collins and Larimer County contained in the Intergovernmental
Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of
all properties within the unincorporated area of the Fort Collins Urban Growth Area as soon as said
property becomes contiguous to the City and therefore eligible for annexation and the owner either
requests voluntary annexation into the City or is required to annex such property into the City by the
County.
The City may annex property located within the Urban Growth Area Boundary provided that the
property has 1/6th contiguity with the existing City boundary. The proposed HH-36 Annexation
complies with this requirement. The property has 2,656.23 feet (34.7%) of its total boundary length
of 7,666.07 feet contiguous to existing City limits. This exceeds the minimum 1,277.68 feet
required to achieve 1/6th contiguity.
The contiguity to existing City limits is gained from the common boundary of the Ruff Annexation
to the north which was annexed on September 25, 1998.
The City Council unanimously adopted (6-0) Resolution 98-136 on October 6, 1998 finding
substantial compliance and initiating annexation proceedings for the HH-36 Annexation.
The Annexation Impact Report was forwarded to the Board of County Commissioners on October
26, 1998.
The subject property is designated as LMN, Low Density Mixed Use Neighborhood on the City
Structure Plan. Therefore the requested LMN, Low Density Mixed Use Neighborhood zoning is
consistent with the City Structure Plan.
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
Items Relating to the HH-36 Annexation and Zoning.
ITEIr, NUMBER: 24 A-C
DATE: November 17, 1998
STAFF:
Mike Ludwig
•
CANSENi
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Resolution and the Ordinances
on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 98-154 Setting Forth Findings of Fact and Determinations Regarding the HH-36
Annexation.
B. First Reading of Ordinance No. 214, 1998, Annexing Property Known as the HH-36
Annexation.
C. First Reading of Ordinance No. 215, 1998, Amending the Zoning District Map of the City
of Fort Collins and Classifying for Zoning Purposes the Property included in the HH-36
Annexation and placing said property in the Residential Neighborhood Sign District.
This is a voluntary request to annex and zone 60.527 acres (including County Road 9 and County
Road 36 right-of-way). The property is located the northwest corner of County Road 9 and County
Road 36. The property is currently zoned FA-1 in Larimer County. The requested zoning in the
City is LMN - Low Density Mixed Use Neighborhood. The requested zoning for this annexation
is consistent with the City Structure Plan.
APPLICANT: James Construction Company, Inc.
c/o Cityscape Urban Design, Inc.
3555 Stanford Road, Suite 105
Fort Collins, CO 80525
OWNER: H. H. Investment Company, A Colorado General Partnership
c/o Thomas J. Morroni
P. O. Box 16383
Denver, CO 80216