HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/15/2008 - RESOLUTION 2008-036 STATING THE INTENT OF THE CITY ITEM NUMBER: 9
AGENDA ITEM SUMMARY DATE: April 15, 2008
FORT COLLINS CITY COUNCIL STAFF: Shelby Sommer
SUBJECT
Resolution 2008-036 Stating the Intent of the City of Fort Collins to Annex Certain Property and
Initiating Annexation Proceedings for Such Property to be Known as the Shields and Vine Enclave
Annexation.
RECOMMENDATION
Staff recommends adoption of the Resolution.
EXECUTIVE SUMMARY
The proposed annexation consists of two properties, totaling 4.84 acres in size, located at the
northwest corner of the intersection of Shields Street and Vine Drive. This Resolution makes a
finding that the proposed Shields Vine Enclave Annexation substantially complies with the
Municipal Annexation Act, determines that a hearing on May 20, 2008 should be established
regarding the annexation, and directs that notice be given of the hearing. The area to be annexed
is an enclave that has been surrounded by the City of Fort Collins for more than three years;
therefore, no annexation petition is required for this annexation. 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,the Latimer County and City of Fort Collins Intergovernmental
Agreements, the City of Fort Collins Land Use Code, and the Northwest Subarea Plan. There are
no issues or known controversies associated with this annexation.
Applicant: City of Fort Collins
Property Owners: Arthur and Martha Gallegos
4421 Rosegate Ct.
Fort Collins, CO 80526
Animal House Pets and Grooming Inc.
1104 W. Vine Dr.
Fort Collins, CO 80524
GBP Partnership
P.O. Box 1986
Fort Collins, CO 80522
Adams Family Trust
P.O. Box 3041
Ventura, CA 93006
April 15, 2008 -2- Item No. 9
BACKGROUND
It is the intent of the City to process this annexation with the same hearing process the City typically
uses for annexations, regardless of the City's ability to shorten the annexation process as allowed
by CRS 31-12-106. The annexation process will include publication of notice, recommendation
from the Planning and Zoning Board, and City Council approval.
The proposed annexation consists two properties (1104 throughl 108 West Vine and 723 North
Shields), totaling 4.84 acres in size, located at the northwest corner of the intersection of Shields
Street and Vine Drive. The property at 1104 through 1108 West Vine Drive contains commercial
businesses(Animal House Pets and Grooming and Apex Plumbing),and storage/outbuildings. The
property at 723 North Shields contains two single-family residential houses with outbuildings. The
Arthur Ditch runs along the north property line of 723 North Shields. The proposed zoning for this
annexation is CL — Limited Commercial District, which is consistent with the recommendations
from the adopted Northwest Subarea Plan which is an element of the City's Comprehensive Plan.
The surrounding properties are zoned LMN - Low Density Mixed-Use Neighborhood to the north
and west, CL — Limited Commercial to the east, and NCL — Neighborhood Conservation Low
Density to the south.
Staff is recommending that these properties also be placed in the Residential Neighborhood Sign
District. A map amendment will be necessary in order to include these properties in the Residential
Neighborhood Sign District.
The Resolution makes a finding that the proposed annexation substantially complies with the
Municipal Annexation Act, determines that a hearing will be established regarding the annexation,
and directs that notice will be given of the hearing. The hearing will be held at the time of First
Reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is
required by State law.
The property is located within the Fort Collins Growth Management Area. According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Growth Management Area, the City will agree
to consider annexation of property in the UGA when the property is eligible for annexation
according to State law. These properties constitute an enclave (completely surrounded by the City
of Fort Collins since 1995)and gain the required 1/6 contiguity to existing City limits from common
boundaries with the Snyder Annexation(August, 1995)to the east,the Granada Heights Annexation
(June, 1977) to the north and west, and the Hanna Second Annexation (September, 1976) to the
south.
Although the proposed enclave annexation is an involuntary action, the property owners of 1104
through 1108 West Vine Drive and 723 North Shields have been contacted and have not expressed
objection to the annexation.
April 15, 2008 -3- Item No. 9
Planning and Zoning Board Recommendation:
The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request
at its regular monthly meeting on April 17,2008,and will make a recommendation at that time. The
Board's recommendation will be forwarded to the City Council for First Reading of the annexation
and zoning ordinances on May 20, 2008.
ATTACHMENTS
1. Proposed Zoning.
2. Growth Management Area Boundary.
3. Structure Plan.
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3
RESOLUTION 2008-036
OF THE COUNCIL OF THE CITY OF FORT COLLINS
STATING THE INTENT OF THE CITY OF FORT COLLINS
TO ANNEX CERTAIN PROPERTY AND
INITIATING ANNEXATION PROCEEDINGS FOR SUCH PROPERTY
TO BE KNOWN AS THE SHIELDS AND VINE ENCLAVE ANNEXATION
WHEREAS, the property hereinafter described has, for a period of not less than three (3)
years prior to this date,been completely contained within the boundaries of the City of Fort Collins;
and
WHEREAS,the Council desires to initiate annexation proceedings in accordance with law.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That, the Council of the City of Fort Collins intends to annex the following
described property,to be known as the Shields and Vine Enclave Annexation, situate in the County
of Larimer, State of Colorado, to wit:
A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION
3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO;
CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 3 AS BEARING NORTH 000 23' 26" EAST WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 3,THE TRUE
POINT OF BEGINNING FOR THIS DESCRIPTION;
THENCE ALONG THE SOUTH LINE OF THE SAID SOUTHEAST QUARTER,
N 890 20' 03" W 314.00 FEET TO THE EASTERLY LINE OF THE GRANADA
HEIGHTS ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE ALONG SAID EASTERLY LINE AND ALONG THE SOUTHERLY
LINE OF THE SAID ANNEXATION THE FOLLOWING FIVE (5) COURSES
AND DISTANCES, (1)N 00° 23' 26" E 286.86 FEET; (2)N 340 20' 03" W 75.00
FEET;(3)N 000 23'26"E 318.61 FEET;(4)S 72°45'03"E 193.95 FEET;(5)N 86'
51' 57" E 172.00 FEET TO A POINT OF INTERSECTION WITH SAID EAST
LINE OF THE SOUTHEAST QUARTER OF SECTION 3;THENCE ALONG THE
SAID EAST LINE, S 00° 23' 26" W 623.12 FEET TO THE TRUE POINT OF
BEGINNING.
CONTAINING 4.84 ACRES MORE OR LESS.
Section 2. That the Council hereby initiates annexation proceedings for the above-
described property.
Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said
Notice establishes the date,time and place when a hearing will be held regarding the passage of an
annexation ordinance pertaining to the above described property. The City Clerk is directed to
publish a copy of this Resolution and said Notice as provided in Section 31-12-108(2), C.R.S.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th
day of April A.D. 2008.
Mayor
ATTEST:
City Clerk
NOTICE
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a
Resolution initiating annexation proceedings for the Shields and Vine Enclave Annexation, said
Annexation being more particularly described in said Resolution, a copy of which precedes this
Notice. This is an enclave annexation.
That,on May 20,2008,at the hour of 6:00 p.m.,or as soon thereafter as the matter may come
on for hearing in the Council Chambers in the City Hall, 300 LaPorte Avenue, Fort Collins,
Colorado,the Fort Collins City Council will hold a public hearing upon the annexation and zoning
for the purpose of finding and determining whether the property proposed to be annexed meets the
applicable requirements of Colorado law and is considered eligible for annexation as an enclave and
for the purpose of determining the appropriate zoning for the property included in the Annexation.
At such hearing, any persons may appear and present such evidence as they may desire.
It is proposed that the Property included in the Annexation be placed in the Limited
Commercial ("CL") Zone District.
The City of Fort Collins will make reasonable accommodations for access to City services,
programs and activities and will make special communication arrangements for persons with
disabilities. Please call 221-6515 (TDD 224-6001) for assistance.
Dated this 15th day of April, A.D. 2008.
City Clerk