HomeMy WebLinkAboutNOEL ANNEXATION & ZONING - 58-87, A - REPORTS - SECOND READINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
Items Related to the Noel Annexation and Zoning.
RECOMMENDATION:
ITEM NUMBER: 41 a-c
DATE: March 21, 1989
STAFF: Ken Waido
Staff recommends adoption of these Ordinances on Second Reading. The
Planning and Zoning Board voted 6-0 to recommend denial of the annexation
and requested zonings.
EXECUTIVE SUMMARY:
A. Resolution 89-12 Setting Forth Findings of Fact and Determinations
Regarding the Noel Annexation.
B. Second Reading of Ordinance No. 6, 1989 Annexing Approximately 287.5
Acres Known as the Noel Annexation.
C. Second Reading of Ordinance No. 7, 1989 Zoning Approximately 287.5
Acres of the Noel Annexation into the R-F Foothills Residential
District.
On February 21 on First Reading, Council adopted Ordinance No. 6, 1989 by a
vote of 6-0 and adopted Ordinance No. 7, 1989 as amended by a vote of 5-1.
Ordinance No. 7, 1989 was amended to zone the entire Noel parcel into the
R-F Foothills Residential District.
This is a request to annex and zone approximately 287.5525 acres located
west of Overland Trail and north of West Prospect Road (extended).
Approximately 4.6123 acres of the annexation is owned by the City of Fort
Collins and is the location of a water storage tank. The initial zoning
request was in two parts: 1) 187.5420 acres of R-F Foothills Residential
for the western portion of the property; and 2) 100.0105 acres of R-L-P Low
Density Planned Residential for the eastern portion of the property; and
was further conditioned by specific density and design conditions contained
in an Annexation Agreement. The property owner has submitted a revised
zoning request for:
1) Approximately 48 acres of R-L-P; and
2) Approximately 239 acres of RF, with a
total density limit of 430 dwelling units.
The property is presently undeveloped. This is a voluntary annexation.
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APPLICANT: Gefroh-Hattman Inc. OWNERS: Wallace Noel
135 West Swallow Rd. 253 Grey Rock Rd.
Fort Collins, CO Laporte, CO
City of Fort Collins
Amended Zoning Request
In a letter dated March 8, 1989, Mr Wallace Noel proposed a change to the
zoning of his property to reduce his initial request of 587 total units to
430 total units. A copy of Mr. Noel's March 8 letter is attached. A copy
of a March 9 staff memorandum discussing Mr. Noel's proposed compromise is
also attached.
RESOLUTION 89-72
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE NOEL ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated for property
to be known as the Noel Annexation; and
WHEREAS, following Notice given as required by law, the City Council
has held a hearing on said Annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the City Council hereby finds that the petition for
annexation complies with the Municipal Annexation Act.
Section 2. That the City Council hereby finds that there is at least
one -sixth (1/6) contiguity between the City and the property seeking
annexation; 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 City 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 City 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 City Council concludes that the area proposed to
be annexed in the Noel Annexation is eligible for annexation to the City of
Fort Collins and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 21st day of March, A.D. 1989.
Mayor
ATTEST:
ity Cler
17J
ORDINANCE NO. 6, 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
NOEL ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 89-3, finding substantial compliance and
initiating annexation proceedings, has heretofore been adopted by the
Council of the City of Fort Collins; and
WHEREAS, the Council of the City of Fort Collins has found and
determined and does hereby find and determine that it is in the best
interests of the City of Fort Collins to annex the subject 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 County of Larimer, State of
Colorado, to -wit: A tract of land situate in the South 1/2 of
Section 17, Township 7 North, Range 69 West of the Sixth P.M.,
Larimer County, Colorado which considering the East line of the
South 1/2 of said Section 17 as bearing S 00*31' W and with all
bearings contained herein relative thereto is contained within
the boundary lines which begin at the Southeast corner of said
Section 17 and run thence S 85030' W 2652.08 feet to the South
1/4 corner of said Section 17; thence S 84*59' W 2740.32 feet to
the Southwest corner of said Section 17; thence N 00*38' E
2647.39 feet to the West 1/4 corner of said Section 17; thence
N 85°20'55" E 2733.98 feet to the Center 1/4 corner of said
Section 17; thence along the East line of the Southwest 1/4 of
said Section 17 S 00°31'55" W 597.50 feet; thence N 85°20'55" E
2501.96 feet; thence S 00*31' W 50.00 feet; thence N 85°20'55" E
120.20 feet; thence N 00*31' E 236.10 feet; thence N 85°20'55" E
30.00 feet to the East line of the said South 1/2; thence along
said East line S 00°31' W 2225.00 feet to the point of beginning,
EXCEPT the following described tract: Begin at the Southeast
corner of said Section 17 and run thence N 00*31' E 1149.03 feet;
thence S 85°14'18" W 3795.61 feet; thence N 28°25'23" W 385.10
feet; thence S 85°14'18" W 330.00 feet; thence N 28°25'23" W
14.00 feet to the true point of beginning; thence S 61°34'37" W
100.00 feet; thence N 28°25'23" W 200.00 feet; thence
N 61°34'37" E 200.00 feet; thence S 2802523" E 200.00 feet;
thence S 61034'37" W 100.00 feet to the true point of beginning.
The above described tract contains 287.5525 acres more or less.
he, and hereby is, annexed to the City of Fort Collins and made a part of
,,aid City, to be known as the Noel Annexation.
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Section 2. That, in annexing said property to the City of Fort
Collins, the City of Fort Collins 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 of Fort Collins.
Section 3. That the City of Fort Collins 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.
Section 4. That this annexation shall be further subject to the
provisions of an annexation agreement between the City and Wallace Noel.
Introduced, considered favorably on first reading, and ordered
published this 21st day of February A.D. 1989, d t presented for
final passage on the 21st day of March, A.D. 1
Mayor
A�1EST^ ,
City Clerk
0 Passed and adopted on final reading this 21st day of March, A.D.
1989.
ATTEST:
City Clerk
0
ayor
u
ORDINANCE NO. 7, 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 29 OF THE CODE OF THE
CITY OF FORT COLLINS, COMMONLY KNOWN AS THE
ZONING ORDINANCE, AND CLASSIFYING FOR ZONING PURPOSES
THE PROPERTY INCLUDED IN THE
NOEL ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows:
Section 1. That the Zoning District Map adopted by Chapter 29 of the
Code of the City of Fort Collins be, and the same hereby is, changed and
amended by including the property known as the Noel Annexation to the City
of Fort Collins, Colorado, in the R-F Foothills Residential District,
described as follows:
A tract of land situate in the County of Larimer, State of
Colorado, to -wit: A tract of land situate in the South 1/2 of
Section 17, Township 7 North, Range 69 West of the Sixth P.M.,
Larimer County, Colorado which considering the East line of the
South 1/2 of said Section 17 as bearing S 00*31' W and with all
bearings contained herein relative thereto is contained within
the boundary lines which begin at the Southeast corner of said
Section 17 and run thence S 85*30' W 2652.08 feet to the South
1/4 corner of said Section 17; thence S 84°59' W 2740.32 feet to
the Southwest corner of said Section 17; thence N 00*38' E
2647.39 feet to the West 1/4 corner of said Section 17; thence
N 85°20'55" E 2733.98 feet to the Center 1/4 corner of said
Section 17; thence along the East line of the Southwest 1/4 of
said Section 17 S 00°31'55" W 597.50 feet; thence N 85°20'55" E
2501.96 feet; thence S 00*31' W 50.00 feet; thence N 85°20'55" E
120.20 feet; thence N 00*31' E 236.10 feet; thence N 85°20'55" E
30.00 feet to the East line of the said South 1/2; thence along
said East line S 00°31' W 2225.00 feet to the point of beginning,
EXCEPT the following described tract: Begin at the Southeast
corner of said Section 17 and run thence N 00°31' E 1149.03 feet;
thence S 85°14'18" W 3795.61 feet; thence N 28025'23" W 385.10
feet; thence S 85014'18" W 330.00 feet; thence N 28°25'23" W
14.00 feet to the true point of beginning; thence S 61°34'37" W
100.00 feet; thence N 28°25'23" W 200.00 feet; thence
N 61°34'37" E 200.00 feet; thence S 28025'23" E 200.00 feet;
thence S 61°34'37" W 100.00 feet to the true point of beginning.
The above described tract contains 287.5525 acres more or less.
Section 2. That the City Engineer is hereby authorized and directed
to amend said Zoning District Map in accordance with this Ordinance.
Section 3. That the maximum height of any structure built on the
properties shall be thirty (30) feet.
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Introduced, considered favorably on first reading, and ordered
published this 21st day of February A.D. 1989, and to be presented for
final passage on the 21st day of March, A.D. 1989.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 21st day of March, A.D.
:a
ATTEST:
City Cler
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-'WA
NOEL & COMPANY
375 E. HORSETOOTH • SHORES 3, SUITE 201 • FORT COLLINS, COLORADO 80525 • (303) 225-0168
March 8, 1989
Ken Waido, Chief Planner
City of Fort Collins
P.O. Box 580
Ft. Collins, CO 80522
Dear Ken:
After much consideration and ke.eping in mind the obvious
difficulty the Council had in -making a decisdoa on the annex-
ation and zoning of my property, I hev♦ deci'deC;o compromise.
Even though I still feel that 587 'units: is high a
density for my property considering they lrfgb4::.dity.,. surrdvnding
subject property. I am now propgoing_a revisedAensity. of,'430
units which cuts density from 2 units. -per acre down tag 1.5 units
per acre.
This number of units seeas to be a number that is supported
by the council in the revised i.#.'.
Hoping this drastic redue;rion in density will get.this matter
settled to the satisfaction.- of,:;..&l-,I,garties concerned, I remain,
WRN:ic
VA"pectfully,
JA
IiWlace R'.: Noel
S.
:r...
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March 9, 1989
MEMORANDUM
TO: James M. Davis, Director of Development Services
Tom Peterson, Director of Planning
FM: Ken Waido, Chief Planner "Zlt-
RE: Noel Annexation, Mr. Noel's Compromise Offer
The Planning Department has received a letter from Mr. Wallace Noel in which
Mr. Noel offers what he considers to be a compromise on the zoning for his
annexation request. In a letter dated March 8, 1989, (copy attached) Mr. Noel
proposes a change to his request from 587 total units to 430 total units which
he states will cut the density from 2 units per acre to 1.5 units per acre.
Derivation of 1.5 Units Per Acre
I can only assume that Mr. Noel's 1.5 units per acre proposal is based on
comments the City received from the Larimer County Planning Department via
a January 3, 1989, letter from Jill S. Bennett, Senior Planner, in which Ms.
Bennett refers to City Council Resolution 86-140 which amended the Fort
Collins UGA boundary to include 1,360 acres of privately owned property
located west of Overland Trail. Resolution 8&140' contains the following
statement:
" to the extent that it is legally g y permissible, residential density
within the geographic area added to the Urban Growth Area by this reso-
lution shall be limited to 1.5 units per acre;"
At the same August 19, 1986, City Council meeting in which Resolution 86-140
was passed, the Council also approved Ordinance No. 123, 1986, which created
a new R-F, Foothills Residential, Zoning District, which provided for develop-
mcnt of properties in the foothills area with a standard maximum density of I
unit per 2.29 acres, but also included a Cluster Development option which
could allow an increase in density to I unit per acre.
In September of 1988, the City Council and County Commissioners re -adopted
the UGA Agreement which contains policies indicating that density in the
foothills area should be 1 unit per 2 acres.
Impact of Mr. Noel's 1.5 Units Per Acre on the City Council's Decision of
February 21, 1989.
At the February 21, 1989, City Council meeting the Council voted 6-0 to
approve Ordinance No. 6, 1989, annexing Mr. Noel's property. The Council also
voted 5-1 to amend Ordinance No. 7, 1989, and placed all of Mr. Noel's prop-
erty into the R-F Zone. Ordinance No. 7, 1989, initially contained a section
which would place 100 acres of Mr. Noel's property into the R-L-P, Low Den-
sity Planned Residential, Zoning District.
In order
to implement Mr.
Noel's
proposed compromise
offer of
1.5 units per
acre (430
total units), the
City
Council would have
to either
reverse their
February
21, 1989, decision
to place
all of Mr. Noel's
property
into the R-F
Zone, or
amend the current
R-F
zone and increase the
allowable
gross density
in a Cluster Development proposal
from 1 unit per acre
to 1.5 units
per acre.
Under the first
scenario, about
48 acres of Mr.
Noel's
property would need to
be placed into
the R-L-P, or some
other zone
which
allows a PUD option, in
order to generate
about 4 units
per acre or the
potential for 192 total units.
The remaining
239 acres of Mr.
Noel's property
could
be placed in the present
R-F Zone and
potentially generate 239 units
under
a Cluster Development
proposal. The
following chart
compares Mr.
Noel's
initial and compromise
proposals:
INITIAL PROPOSAL
ACRES ZONING UNITS DENSITY
100 R-L-P 400 4.0
187 R-F 187 1.0
-----------------------------
287 587 2.0
COMPROMISE PROPOSAL
ACRES ZONING UNITS DENSITY
48 R-L-P 192 4.0
239 R-F 239 1.0
-----------------------------
287 431 1.5
Please forward this information the City Manager and the City Council as it
will be a matter of discussion at the March 21, 1989, City Council meeting.
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March 14, 1989
ROBERT E. Rfly
ATTORNEY AT LAW
1122 SIN STREET 0103
P.O. BOX 1501
GREELEY, COLORADO 80632
(303) 351-6083
Stephen J. Roy
City Attorney
P. 0. Box 580
Fort Collins, CO 80522-0580
RE: NOEL ANNEXATION
Steve:
I have received and discussed with my client your letter
dated March 61 1989.
Suffice it to say, it has always been the statement of all
officials of the City of Fort Collins that if the City
would not approve its zoning requested by Mr. Noel he
could withdraw his annexation petition.
Mr. Noel certainly will vigorously oppose any attempt on the
part of the City to annex his property without approval of
zoning which is acceptable to all concerned.
In the spirit of compromise, Mr. Noel has authorized me to
reduce his requested zoning from that which would provide
for a total of 587 residential units to one which would prc-
vide for a total maximum of 430 units. If the City is not
willing to accept this proposed zoning, then Mr. Noel is not
willing to go forward with the annexation, and has no inten-
tion of entering into any agreement concerning the
annexation.
Of course if the City believes it can annex Mr. Noel without
such an agreement, and over his objection, I suspect that
that matter will have to be ligitated in the District Court.
It strikes me as though Mr. Noel may have a very strong case
against the City and/or Larimer County and Colorado State
University in connection with this matter. Zoning imme-
diately to the south of Mr. Noel's property allows sixteen
units per acre. It appears that the City, the County and
Stephen J. Roy
March 14, 1989
Page Two
CSU may well be guilty of conspiring to keep Mr. Noel's
land values artifically low for their own economic
interests.
Your prompt attention to this matter would be greatly appre-
ciated. If you need any further information from either Mr.
Noel or myself, please do not hesitate to contact me.
Sincerely,
UB
<- C,:,
RT E. RAY
RER:j1
cc: Wallace Noel
Steve Burkett, City Manager
Mike Davis, Director of Development Services
Paul Eckman, Assistant City Attorney
L _--Ke- n Waido, Chief Planner
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