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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. 0 J W_ 2 2 Proposed Zoning is CL - Limited Commercial E ALAMEDA-ST II I �I POMONA-ST I I ' I � II W VINE DR II UE - a CO Z Z a 2 J a CO W ? Y / U. a' LL a FREE O E P R ELM -ST NCL NCM _1 W � � H O 0 N O J � a w Y Of SYCAMORE ST a # 05 = 08 Shields Vine Enclave 412108 N Annexation and Zoning AProposed Zoning 1 inch equals 300 feet 1 i GMA Boundary Ions 0 3 k'TpN< Z N W WILLOX LN G� J w Z _: J y' o \ Z. O HARRIS DR S 7w+*,GOLD PARK 1 1 1 HICKORY ST ACKERMAN -CT C J� J. =a �I _' LINCOLN JR HIGH Annexation Area STERLING LN �I LANCER DR � w �i W VINE DRM LEE MARTI Z P w w w Q w a z ELOMJOT F ELM ST F<MST w z w / LL Ed Lu Z Z J OI J� Z M k AY M0 E T O� J Y CAMORE_STO p U Lu = B EEC S H T rim; O PUTNAM ELEMENTARY a ® a' t JLJz1 �CCHERRY=STi�I # 05 = 08 Shields Vine Enclave 412108 N Annexation and Zoning A Growth Management Area g 1 inch equals 1 , 250 feet 2 y 0 UE W CO Z ALAMEDA ST OL �fG POMONA-ST a'a/ C W VINE DR H Cn Q z z a 2 J y a N W z Y / LL LL / � a FREE O E P R ELM ST U J W CO a CO 0 o w F W a w / Y SYCAMORE ST 104 # 05 = 08 Shields Vine Enclave 412108 N Annexation and Zoning A Structure Plan 1 inch equals 300 feet 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