HomeMy WebLinkAboutCACHE LA POUDRE RIVER ANNEXATION (ENCLAVE) - ANX160004 - REPORTS - SECOND READINGIntroduced, considered favorably on first reading, and ordered published this 20th day of
September, A.D. 2016, and to be presented for final passage on the 4th day of October, A.D.
2016.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 4th day of October, A.D. 2016.
ATTEST:
City Clerk
Mayor
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COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR S00"23'32"W, SAID LINE
BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP WITH ILLEGIBLE
MARKINGS, AND ON ITS SOUTH END BY A 2" ALUMINUM CAP STAMPED LS 17497, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID WEST LINE, S00°23'32"W, A DISTANCE OF 226.50 FEET TO THE POINT OF
BEGINNING;
THENCE ALONG THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION TO THE CITY OF
FORT COLLINS THE FOLLOWING THIRTEEN (13) COURSES:
1. S66"30'10"E, A DISTANCE OF 42.00 FEET;
2. S51 "53'24"E, A DISTANCE OF 40.00 FEET;
3. S67013'24"E, A DISTANCE OF 37.00 FEET;
4. S74°51'24"E, A DISTANCE OF 176.40 FEET;
5. 379°06'24"E, A DISTANCE OF 66.50 FEET;
6. S74°16'24"E, A DISTANCE OF 94.11 FEET,
7. S71°59'41"E, A DISTANCE OF 360.45 FEET;
8. S42021'29"E, A DISTANCE OF 140.00 FEET;
9. S36035'23"E, A DISTANCE OF 151.52 FEET;
10. S19°45'23"E, A DISTANCE OF 287.91 FEET;
11, S60"22'23"E, A DISTANCE OF 205.90 FEET;
12. S32"05'23"E, A DISTANCE OF 93.79 FEET,
13. S71 °00'23"E, A DISTANCE OF 31.26 FEET TO A POINT ON THE WEST BOUNDARY OF THE
LINDEN STREET TECH CENTER ANNEXATION,
THENCE SOUTHERLY ALONG SAID WEST BOUNDARY, A DISTANCE OF 176 FEET MORE OR LESS
TO THE NORTHWEST CORNER OF THE ANNEXATION OF BUCKINGHAM PLACE;
THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF SAID ANNEXATION OF
BUCKINGHAM PLACE, A DISTANCE OF 135 FEET MORE OR LESS TO A POINT ON THE SOUTH
BANK OF THE CACHE LA POUDRE RIVER;
THENCE NORTHWESTERLY ALONG SAID SOUTH BANK, BEING THE NORTH BOUNDARY OF THE
ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, A DISTANCE OF 5607 FEET MORE OR LESS, TO
A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE MCMURRY NATURAL AREA ANNEXATION;
THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY, A DISTANCE OF 81 FEET
MORE OR LESS TO A POINT ON THE NORTH BANK OF THE CACHE LA POUDRE RIVER,
THENCE SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE
NORTH COLLEGE ANNEXATION, A DISTANCE OF 2993 FEET MORE OR LESS TO THE NORTHWEST
CORNER OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION,
THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH
BOUNDARY OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION, A DISTANCE OF 622 FEET
MORE OR LESS TO THE WEST LINE OF THE NORTHWEST CORNER OF SECTION 12,
THENCE NORTHERLY ALONG SAID WEST LINE, 70 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 1201.ACRES, MORE OR LESS.
Section 3. 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
Property is not included in the Residential Neighborhood Sign District.
Section 4. That the City Manager is hereby authorized and directed to amend said
Zoning Map in accordance with this Ordinance.
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ORDINANCE NO. 111, 2016
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 CACHE LA POUDRE RIVER 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, the City Council finds that the proposed zoning of the Cache La Poudre
River Annexation property, as described below (the "Property") is consistent with the City's
Comprehensive Plan because the proposed zoning is consistent with the City's Structure Plan
which is an element of the Comprehensive Plan; and
WHEREAS, pursuant to Land Use Code Section 2.9.4, the City Council further finds that
the proposed zoning: (1) is compatible with existing and proposed land uses because the
surrounding area is almost entirely zoned as Public Open Lands; and (2) would not result in
significantly adverse impacts on the natural environment; and
WHEREAS, in accordance with the foregoing, the City Council has considered the
zoning of the Property described below, finds it to be in the best interests of the City, and has
determined that the 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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. 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 Cache La Poudre River Annexation to the City of Fort
Collins, Colorado, in the Public Open Lands ("P-O-L") Zone District, which property (the
"Property") is more particularly described as:
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, THE NORTHEAST
QUARTER OF SECTION 11. AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO;
BEING ALL THAT PORTION OF THE BED OF THE CACHE LA POUDRE RIVER AND ALL OF THE LAND
CONTIGUOUS TO SAID BED THAT HAS NOT BEEN PREVIOUSLY ANNEXED BY THE ORIGINAL PLAT
OF THE TOWN OF FORT COLLINS, BY THE ANNEXATION OF BUCKINGHAM PLACE, BY THE
CORRECTED PLAT OF THE GRIFFIN ADDITION, BY THE NORTH COLLEGE ANNEXATION, BY THE
LINDEN STREET TECH CENTER ANNEXATION, OR BY THE McMURRY NATURAL AREA
ANNEXATION; SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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Agenda Item 8
"...large publicly owned parks and open lands which have a community -wide emphasis or other characteristics
which warrant inclusion under this separate designation rather than inclusion in an adjoining neighborhood or
other District designation."
Staff believes that the proposed zoning satisfies the requirements for zoning set forth in Land Use Code
Section 2.9.4 because the proposed zoning: (1) is consistent with the City's Comprehensive Plan because it is
consistent with the City's Structure Plan which is an element of the Comprehensive Plan; (2) is compatible with
existing and proposed land uses because the surrounding area is almost entirely zoned as Public Open Lands,
and (3) would not result in significantly adverse impacts on the natural environment.
BOARD / COMMISSION RECOMMENDATION
At its September 8, 2016 regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of
the annexation. Further, the Board recommended that the Enclave be placed into the POL, Public Open Lands
District. The recommendations were part of the Planning and Zoning Board Consent Calendar and not
discussed.
PUBLIC OUTREACH
No neighborhood meeting was held for this annexation and zoning. All required mailings and postings per
Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been
followed.
ATTACHMENTS
1. Zoning Map(PDF)
Item # 8 Page 2
ATTACHMENT
Agenda item 8
STAFF
Kai Kleer, Planning Technician
SUBJECT
Public Hearing and First Reading of Ordinance No. 111, 2016, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Cache La Poudre River Annexation to
the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting Procedures
adopted in Resolution 2015-091.
The purpose of this item is to zone the property included in the Cache La Poudre River Annexation into the
Public Open Lands zone district.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In compliance with the City's Structure Plan Map, an element of the City's Comprehensive Plan (City Plan), the
requested zoning is POL, Public Open Lands.
Context
The surrounding zoning and land uses are as follows:
Direction
Zone District
Existing Land Uses
North
Public Open Lands,
Legacy Park, Rivers Edge Natural Area, Salyer
Community Commercial
Natural Area, Gustav Swanson Natural Area and
Cache La Poudre River,
Poudre Pet and Feed Supply
South
Public Open Lands,
Powerhouse Energy Campus, Fort Collins Museum
Community Commercial
of Discovery, Lee Martinez Park and Old Fort
Cache La Poudre River,
Collins Heritage Park
East
Employment District and
Ram Self Storage and Old Fort Collins Heritage
Public Open Lands
Park
West
Urban Estate and Public
Pateros Creek and Salyer Natural Area
Open Lands
Per the Structure Plan Map, the proposed zoning for the subject annexation is POL, Public Open Lands. The
Land Use Code Describes this district as:
Item # 8 Page 1
Agenda Item 3
STAFF
Kai Kleer, Planning Technician
SUBJECT
Public Hearing and Second Reading of Ordinance No. 111, 2016, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Cache La Poudre River Annexation to
the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered in
accordance with the procedures described in Section 1(d) of the Council's Rules of Meeting Procedures
adopted in Resolution 2015-091.
This Ordinance, unanimously adopted on First Reading on September 20, 2016, zones the property included
in the Cache La Poudre River Annexation into the Public Open Lands zone district.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 20, 2016 (PDF)
2. Ordinance No. 111, 2016 (PDF)
Item # 3 Page 1
Passed and adopted on final reading on the 4th day of October, A.D. 2016.
ATTEST:
City Clerk
Mayor
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6. S74°16'24"E, A DISTANCE OF 94.11 FEET;
7. S71°59'41"E, A DISTANCE OF 360.45 FEET;
8. S42021'29"E, A DISTANCE OF 140.00 FEET,
9. S36"35'23"E, A DISTANCE OF 151.52 FEET;
10. S19045'23"E, A DISTANCE OF 287.91 FEET;
11, S60°22'23"E, A DISTANCE OF 205.90 FEET;
12. S32005'23"E, A DISTANCE OF 93.79 FEET;
13. S71000'23"E, A DISTANCE OF 31.26 FEET TO A POINT ON THE WEST BOUNDARY OF THE
LINDEN STREET TECH CENTER ANNEXATION,
THENCE SOUTHERLY ALONG SAID WEST BOUNDARY, A DISTANCE OF 176 FEET MORE OR LESS
TO THE NORTHWEST CORNER OF THE ANNEXATION OF BUCKINGHAM PLACE;
THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF SAID ANNEXATION OF
BUCKINGHAM PLACE, A DISTANCE OF 135 FEET MORE OR LESS TO A POINT ON THE SOUTH
BANK OF THE CACHE LA POUDRE RIVER;
THENCE NORTHWESTERLY ALONG SAID SOUTH BANK, BEING THE NORTH BOUNDARY OF THE
ORIGINAL PLAT OF THE TOWN OF FORT COLLINS, A DISTANCE OF 5607 FEET MORE OR LESS, TO
A POINT ON THE SOUTHEASTERLY BOUNDARY OF THE MCMURRY NATURAL AREA ANNEXATION;
THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY BOUNDARY, A DISTANCE OF 81 FEET
MORE OR LESS TO A POINT ON THE NORTH BANK OF THE CACHE LA POUDRE RIVER;
THENCE SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH BOUNDARY OF THE
NORTH COLLEGE ANNEXATION, A DISTANCE OF 2993 FEET MORE OR LESS TO THE NORTHWEST
CORNER OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION,
THENCE CONTINUING SOUTHEASTERLY ALONG SAID NORTH BANK, BEING THE SOUTH
BOUNDARY OF THE CORRECTED PLAT OF THE GRIFFIN ADDITION, A DISTANCE OF 622 FEET
MORE OR LESS TO THE WEST LINE OF THE NORTHWEST CORNER OF SECTION 12;
THENCE NORTHERLY ALONG SAID WEST LINE, 70 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 12.01 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
Cache La Poudre River Annexation.
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.
Introduced, considered favorably on first reading, and ordered published this 20th day of
September, A.D. 2016, and to be presented for final passage on the 4th day of October, A.D.
2016.
ATTEST:
City Clerk
Mayor
-2-
ORDINANCE NO. 110, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE CACHE LA POUDRE
RIVER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2016-060 stating the intent of the City to annex and initiating
annexation proceedings for the Cache La Poudre River Annexation, as defined therein and
described below, has heretofore been adopted by the City Council; and
WHEREAS, the City Council hereby finds that the area proposed to be annexed has been
entirely contained within the boundaries of the City for a period of not less than three years prior
to this date and complies with all requirements for enclave annexation set forth in Colorado
Revised Statutes Section 31-12-106; and
WHEREAS, the City Council hereby fords and determines that it is in the best interests of
the City to annex said area to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the following described property, to wit:
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, THE NORTHEAST
QUARTER OF SECTION 11, AND THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO;
BEING ALL THAT PORTION OF THE BED OF THE CACHE LA POUDRE RIVER AND ALL OF THE LAND
CONTIGUOUS TO SAID BED THAT HAS NOT BEEN PREVIOUSLY ANNEXED BY THE ORIGINAL PLAT
OF THE TOWN OF FORT COLLINS, BY THE ANNEXATION OF BUCKINGHAM PLACE, BY THE
CORRECTED PLAT OF THE GRIFFIN ADDITION, BY THE NORTH COLLEGE ANNEXATION, BY THE
LINDEN STREET TECH CENTER ANNEXATION, OR BY THE McMURRY NATURAL AREA
ANNEXATION; SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE
WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO BEAR S00023'32"W, SAID LINE
BEING MONUMENTED ON ITS NORTH END BY A 3-1/4" ALUMINUM CAP WITH ILLEGIBLE
MARKINGS, AND ON ITS SOUTH END BY A 2" ALUMINUM CAP STAMPED LS 17497, BASED UPON
GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG SAID WEST LINE, S00"23'32"W, A DISTANCE OF 226.50 FEET TO THE POINT OF
BEGINNING;
THENCE ALONG THE SOUTH BOUNDARY OF THE NORTH COLLEGE ANNEXATION TO THE CITY OF
FORT COLLINS THE FOLLOWING THIRTEEN (13) COURSES:
1. S66"30'10"E, A DISTANCE OF 42.00 FEET;
2. S51 "53'24"E, A DISTANCE OF 40.00 FEET;
3. S67"13'24"E, A DISTANCE OF 37.00 FEET;
4. S74051'24"E, A DISTANCE OF 176.40 FEET;
5. S79006'24"E, A DISTANCE OF 66.50 FEET;
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Agenda Item 7
PUBLIC OUTREACH
No neighborhood meeting was held for this annexation and zoning. All required mailings and postings per
Section 2.9 (Amending the Zoning Map) and 2.12 (Annexation of Land) of the Land Use Code have been
followed.
ATTACHMENTS
1. Vicinity Map(PDF)
2. Structure Plan Map (PDF)
3. Zoning Map(PDF)
Item # 7 Page 2
ATTACHMENT
Agenda Item 7
STAFF
Kai Kleer, Planning Technician
SUBJECT
Public Hearing and First Reading of Ordinance No. 110, 2016, Annexing Property Known as the Cache La
Poudre River Annexation to the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
The purpose of this item is to annex the Cache La Poudre River enclave. This is a City -initiated request to
annex 12.01 acres located along the northern boundary of the Lee Martinez Community Park/1873 Original
Town Site Annex. From the intersection of North College Avenue and the Cache La Poudre River, the enclave
spans approximately 3,190 feet to the northwest and 1,620 feet to the southeast. The Initiating Resolution was
adopted on August 16, 2016. A related item to zone the annexed property is presented as the next item on the
agenda.
This annexation request is in conformance with the State of Colorado Revised Statutes as they relate to
annexations, the City of Fort Collins Comprehensive Plan, and the Larimer County and City of Fort Collins
Intergovernmental Agreements.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
During administrative review of the Poudre River Annexation staff determined that there was a naming conflict
with a previously annexed section of the Poudre River. As a result the annexation name was changed to
"Cache La Poudre River Annexation" on August 30. 2016.
The Cache La Poudre River Annexation abuts the north side of Lee Martinez Community Park/1873 Original
Town Site Annex. The subject property became an enclave after the annexation of the Wood Street
Annexation on September 17, 2012. The City of Fort Collins owns the bulk of the annexation area. A small
portion of the area is owned by the Union Pacific Railroad.
Per State Statute (Section 31-12-106, Colorado Revised Statutes), municipalities may initiate an annexation
proceeding for unincorporated areas that are contained entirely within the boundary of the municipality if said
area has been so surrounded for three years. As of September 17, 2015, the property became eligible and
meets all annexation requirements. Landowner consent is not required for annexation of an enclave.
BOARD / COMMISSION RECOMMENDATION
At its September 8, 2016 regular meeting, the Planning and Zoning Board voted 6-0 to recommend approval of
the annexation. Further, the Board recommended that the Enclave be placed into the POL, Public Open Lands
District. The recommendations were part of the Planning and Zoning Board Consent Calendar and not
discussed.
Item # 7 Page 1
Agenda Item 2
STAFF
Kai Kleer, Planning Technician
SUBJECT
Second Reading of Ordinance No. 110, 2016, Annexing Property Known as the Cache La Poudre River
Annexation to the City of Fort Collins, Colorado.
EXECUTIVE SUMMARY
This Ordinance unanimously adopted on First Reading on September 20, 2016, annexes the Cache La Poudre
River enclave. This is a City -initiated request to annex 12.01 acres located along the northern boundary of the
Lee Martinez Community Park/1873 Original Town Site Annex. From the intersection of North College Avenue
and the Cache La Poudre River, the enclave spans approximately 3,190 feet to the northwest and 1,620 feet to
the southeast. The Initiating Resolution was adopted on August 16, 2016. A related item to zone the annexed
property is presented as the next item on the agenda.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, September 20, 2016 (w/o attachments) (PDF)
2. Ordinance No. 110, 2016 (PDF)
Item # 2 Page 1