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HomeMy WebLinkAboutSTREAMSIDE ANNEXATION & ZONING - 55-02A - REPORTS - FIRST READINGIntroduced, considered favorably on first reading, and ordered published this 6th day of June, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 000 09' 15" W 80.01 FEET ON AND ALONG SAID EASTERLY LINE; CONTINUING, N 00' 09' 15" W 1572.26 FEET; THENCE, N 89' 28' 17" W 669.62 FEET; THENCE, S 01' 50' 54" E 149.20 FEET; THENCE, S 41 ° 38' 36" W 270.16 FEET; THENCE, S 83" 47' 02" W 269.62 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE COURSES ALONG SAID EASTERLY LINE: THENCE, N 87- 43' 24" W 352.93 FEET; THENCE, N 00- 31' 42" E 518.31 FEET; THENCE, S 89' 28' 17" E 847.21 FEET; THENCE, N 02- 55131 W 299.26 FEET; THENCE, S 89- 30' 31" E 262.00 FEET; CONTINUING, S 89- 30' 31" E 382.52 FEET; THENCE, N 00' 31' 43" E 448.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE; THENCE, N 89' 28' 25" W 421.48 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY; THENCE, N 89' 25' 59" W 157.46 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION WITH THE NORTHERLY LINE OF SAID PETERSON ANNEXATION; THENCE, N 89' 25' 59" W 165.25 FEET ALONG SAID LINE; THENCE, N 01' 50' 54" W 20.02 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY; THENCE, N 89' 25' 59" W 755.31 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE FRONT RANGE FARMS ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00' 34' 01" E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE, N 47° 45' 36" W 45.12 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST VINE DRIVE; THENCE, S 89- 25' 59" E 1112.07 FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 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. ORDINANCE NO. 100, 2006 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 STREAMSIDE 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 Streamside Annexation to the City of Fort Collins, Colorado, in the Urban Estate (UE) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING N 890 25' 59" W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10; THENCE N 000 3 F 35" E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, N 00 ° 3 F 35" E 20.00 FEET; THENCE, S 89' 28' 25" E 1315.15 FEET ON AND ALONG SAID NORTH RIGHT-OF-WAY; THENCE, S 00 ' 26' 06" W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE, S 00° 13' 29" E 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE; CONTINUING, S 00 11'33"E 2560.55 FEETTO THENORTHERLY RIGHT-OF- WAY OF THE COLORADO RAILROAD COMPANY; THENCE. N 88' 27' 36" W 918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON Introduced, considered favorably on fast reading, and ordered published this 6th day of June, A.D. 2006, and to be presented for final passage on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of July, A.D. 2006. Mayor ATTEST: City Clerk THENCE, S 89- 28' 17" E 847.21 FEET; THENCE, N 02° 55131 W 299.26 FEET; THENCE, S 89. 30' 31" E 262.00 FEET; CONTINUING, S 89- 30' 31" E 382.52 FEET; THENCE, N 00 ' 31' 43" E 448.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE; THENCE; N 89' 28' 25" W 421.48 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY; THENCE, N 89 ° 25' 59" W 157.46 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION WITH THE NORTHERLY LINE OF SAID PETERSON ANNEXATION; THENCE, N 89' 25' 59" W 165.25 FEET ALONG SAID LINE; THENCE, N 01- 50' 54" W 20.02 FEET CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY; THENCE, N 89' 25' 59" W 755.31 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE FRONT RANGE FARMS ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00' 34' 01" E 30.00 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE, N 47 ° 45' 36" W 45.12 FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST VINE DRIVE; THENCE, S 89' 25' 59" E 1112.07 FEET ALONG SAID RIGHT-OF-WAY TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 73.674 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. Streamside 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. ORDINANCE NO.099, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE STREAMSIDE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2006-046, 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 ofthe 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: CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING N 89' 25' 59" W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10; THENCE N 00' 31' 35" E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, N 00' 3 F 35" E 20.00 FEET; THENCE, S 89° 28' 25" E 1315.15 FEET ON AND ALONG SAID NORTH RIGHT-OF-WAY; THENCE, S 00 ' 26' 06" W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE, S 00' 13' 29" E 50.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE; CONTINUING, S 00 11'33" E 2560.55 FEET TO THE NORTHERLY RIGHT-OF- WAY OF THE COLORADO RAILROAD COMPANY; THENCE. N 88' 27' 36" W 918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF THE PETERSON ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00' 09' 15" W 80.01 FEET ON AND ALONG SAID EASTERLY LINE; CONTINUING, N 00' 09' 15" W 1572.26 FEET; THENCE, N 89' 28' 17" W 669.62 FEET; THENCE, S 0 1 ' 50' 54" E 149.20 FEET; THENCE, S 41' 38' 36" W 270.16 FEET; THENCE, S 83' 47' 02" W 269.62 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE COURSES ALONG SAID EASTERLY LINE: THENCE, N 87' 43' 24" W 352.93 FEET; THENCE, N 00' 31' 42" E 518.31 FEET; RESOLUTION 2006-063 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE STREAMSIDE ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Streamside Annexation; and WHEREAS, following notice given as required by law, the Council has held a hearing on said annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable ofbeing integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Streamside Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th day of June, A.D. 2006. Mayor ATTEST: City Clerk UE LO N W55-02A Streamside Annexation and Zoning Proposed Zoning Proposed New UE Zoning 4/20/06 N 1 inch : 600 feet STREAMSIDE ANNEXATION TO ra are of JIM carrots, IMAM Tvmt R 7 B= Q cmmm SELTg4 J r. v rt M \.i11 or FM COLUM VYMIR M crMc tfX( T- SITE ,r�ilR ofwlt „RRR�WOw� �, WM , A H f' I w� 4 fiw, Mi W11.1 M1P[4 R Y,M ,[ RwYtt l9.IW q RI M WR.i,RY"~ I,Y. w.� iiMR �wYwi MY.O Y • Rr..� w[r R Mt M fMra M IRr MMO MMr. Rrrw_r.w_Rr enmK ywp�Rp u to .wv l Y M YO 101 ,V.00, , N aRt ,u Atrs � v�LWIT WY 1 wwo .n.r®,ue.w vi ,e[waa M.T.S. ,ii•�w:r p�1� w 1� ,a�rw u r M ,rs r ur. /fit .ter I aw N W H Q V- W ry W I- z UE ul C\, w z #55-02A Streamside Annexation and Zoning Type II (LUC) 4/20/06 N 1 inch : 600 feet June 6, 2006 -3- Item No. 24 A-C 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 Agreement for the Fort Collins Urban Growth Area. 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On May 2, 2006, the City Council approved a resolution that accepted the annexation petition and determined that the petition was in compliance with State law. The resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested UE — Urban Estate Zoning District is in conformance with the policies of the City s Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning of UE - Urban Estate. Staff is recommending this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting of May 18, 2006, voted 7-0 to recommend approval of the annexation. The Board voted 7-0 to recommend that the property be placed in the UE - Urban Estate Zoning District. The Planning and Zoning Board voted 7-0 to recommend that this property be included in the Residential Neighborhood Sign District. June 6, 2006 -2- Item No. 24 A-C APPLICANT: City of Fort Collins c/o Stephen Olt Current Planning P.O. Box 580 Fort Collins, CO 80522-0580 OWNER: Cedar Pointe Land & Livestock LLC c/o Duane Lebsack, Manager 505 River Rock Circle Estes Park, CO 80517 BACKGROUND The applicant/circulator, Stephen Olt, City of Fort Collins Current Planning Department, on behalf of the property owner, Cedar Pointe Land & Livestock, L.L.C., c.o. Duane Lebsack, has submitted a written petition requesting annexation of 73.67 acres located on the south side of East Vine Drive between Interstate 25 and County Road 5. The property currently is undeveloped and in the FAl - Fanning District in Larimer County. The requested zoning for this annexation is UE - Urban Estate. This is a 100% voluntary annexation. 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 property in the UGA when the property is eligible for annexation according to State law. This property will gain the required 1/6 contiguity to City limits from common boundaries with the Peterson Annexation (July, 2006) to the west. The surrounding zoning and land uses are as follows: N: FA-1 in Larimer County; existing residential acreages, agricultural E: FA-1 in Larimer County; undeveloped, agricultural S: Rl, M in Larimer County; existing single-family residential, agricultural W: FA in Larimer County; undeveloped, agricultural The requested zoning for this annexation is the UE - Urban Estate 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 Urban Estate Neighborhood is appropriate in this location. It is in conformance with the I-25 Subarea Plan. Staff is recommending 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 that may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map because the property is shown to already be outside of Areas Not In The Sign District. ITEM NUMBER: 24 A-C AGENDA ITEM SUMMARY JDATE: June 6, 2006 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Relating to the Streamside Annexation and Zoning. RECOMMENDATION Staff recommends approval of the annexation and requested zoning of UE - Urban Estate. The Planning and Zoning Board voted 7-0 to recommend approval of the annexation; and, the Board voted 7-0 to recommend that the property be placed in the UE - Urban Estate Zoning District. The Planning and Zoning Board voted 7-0 to recommend that this property be included in the Residential Neighborhood Sign District. EXECUTIVE SUMMARY A. Resolution 2006-063 Setting Forth Findings of Fact and Determinations Regarding the Streamside Annexation. B. Hearing and First Reading of Ordinance No. 099, 2006, Annexing Property Known as the Streamside Annexation. C. Hearing and First Reading of Ordinance No. 100, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Streamside Annexation to the City. This is a request to annex and zone 73.67 acres located on the south side of East Vine Drive between Interstate 25 and County Road 5. Contiguity is gained along west property Iines that abut the Peterson Annexation being evaluated concurrent to this request. The property is undeveloped and located in the FA - Farming District in Larimer County. The requested zoning for this annexation is UE - Urban Estate, which is consistent with the Structure Plan designation and is in conformance with the I-25 Subarea Plan. Staff is recommending,this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map because the property is shown to already be outside of the Areas Not In The Sign District.