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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2004 - ITEMS PERTAINING TO THE COLLEGE AND TRILBY ANNEXAT ITEM NUMBER: 13 A-B AGENDA ITEM SUMMARY DATE: November 16, 2004 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT Items Pertaining to the College and Trilby Annexation. RECOMMENDATION Staff recommends approval of the annexation and zoning request on Second Reading. The Planning and Zoning Board voted 6-0 to recommend approval of the annexation;and the Board voted 6-0 to recommend that the property be placed in the NC-Neighborhood Commercial Zoning District. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 169, 2004, Annexing 5.76 Acres,Known as the College and Trilby Annexation. B. Second Reading of Ordinance No. 170,2004,Zoning 5.76 Acres,Known as the College and Trilby Annexation, into the NC - Neighborhood Commercial Zoning District. This is a request to annex and zone 5.76 acres located at the northwest corner of State Highway 287 (South College Avenue)and Trilby Road.The property is partially developed,containing one vacant building and parking. There is an undeveloped building pad site on the property. It is in the C - Commercial Zoning District in Larimer County. The request zoning for this annexation is NC - Neighborhood Commercial. The surrounding properties are currently zoned C - Commercial in Larimer County to the south and east and NC - Neighborhood Commercial in the City to the west and north. This is a 100% voluntary annexation. Ordinance Nos. 169 and 170,2004 were adopted 6-0(Councilmember Bertschy was absent)on First Reading on October 19, 2004. ORDINANCE NO. 169, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE COLLEGE AND TRILBY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2004-102,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 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 I. That the following described property, to wit: A tract of land situate in the County of Larimer, State of Colorado, to-wit: A parcel of land being part of the Southeast Quarter(SEl/4)of Section Eleven(11), the Southwest Quarter (SW1/4) of Section Twelve (12), the Northwest Quarter (NW1/4) of Section (13), and the Northeast Quarter (NE1/4) of Section Fourteen (14), Township Six North (T.6N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast(SE)corner of said Section 11 assuming the East Line of the SE1/4 of said Section as bearing North 00°40'19" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2646.18 feet with all other bearings contained herein relative thereto: THENCE South 00"14'49" East along the East line of the NE1/4 of said Section 14 a distance of 40.69 feet to the POINT OF BEGINNING; THENCE South 89°14'30" West a distance of 49.83 feet to the West Right-of-Way (ROW) line of Highway#287 (also known as College Avenue); THENCE North 00°29'19" West along said West ROW line a distance of 10.00 feet to the South ROW line of Trilby Road; THENCE South 88`27'35"West along said South ROW line a distance of 369.89 feet to the East line of Timan First Annexation; THENCE North 00°40'19" West along the East line of said Timan First Annexation a distance of 531.00 feet to the South line of said Timan First Annexation; THENCE North 88°27'35" East along said South line and along the Easterly prolongation of said South line a distance of 471.35 feet to the East ROW line of Highway#287 also being the West line of Kel-Mar Strip Subdivision recorded under Reception Number 913846 in the Records ofLarimer County; THENCE South 00`30'57"East along the said East ROW line as defined by said Kel- Mar Strip Subdivision, Book 1059 Page 402, and Book 1066 Page 184 of the Records of Latimer County a distance of 542.39 feet, to the South ROW line of Trilby Road, said line also being the North line of the Southland At Trilby Heights Subdivision Filing No 1 recorded under reception number 99031585 on April 13, 1999; THENCE South 89°14'30" West a distance of 50.17 feet to the POINT OF BEGINNING; Said parcel of land contains 5.761 acres,more or less(t),and is subject to any rights- of-way or other easements of record or as now existing on said described parcel of land. is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the College and Trilby 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 Latimer 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. Introduced, considered favorably on first reading, and ordered published this 19th day of October,A.D. 2004, and to be presented for final passage on the 16th day of November,A.D. 2004. Mayor ATTEST• & / � NS City Clerk lex.,e4 2 Passed and adopted on final reading this 16th day of November, A.D. 2004. Mayor ATTEST: City Clerk 3 ORDINANCE NO. 170, 2004 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 COLLEGE AND TRILBY 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 College and Trilby Annexation to the City of Fort Collins, Colorado, in the Neighborhood Commercial("NC")Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in the County of Larimer, State of Colorado, to-wit: A parcel of land being part of the Southeast Quarter(SEl/4)of Section Eleven(11), the Southwest Quarter (SWl/4) of Section Twelve (12), the Northwest Quarter (NW1/4) of Section (13), and the Northeast Quarter (NE1/4) of Section Fourteen (14), Township Six North (T.6N.), Range Sixty-nine West (R.69W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado, and being more particularly described as follows: COMMENCING at the Southeast(SE)corner of said Section 11 assuming the East Line of the SEl/4 of said Section as bearing North 00°40'19" West, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2646.18 feet with all other bearings contained herein relative thereto: THENCE South 00`14'49" East along the East line of the NE1/4 of said Section 14 a distance of 40.69 feet to the POINT OF BEGINNING; THENCE South 89"14'30" West a distance of 49.83 feet to the West Right-of-Way (ROW) line of Highway#287 (also known as College Avenue); THENCE North 00°29'19"West along said West ROW line a distance of 10.00 feet to the South ROW line of Trilby Road; THENCE South 88`27'35"West along said South ROW line a distance of 369.89 feet to the East line of Timan First Annexation; THENCE North 00*40'19" West along the East line of said Timan First Annexation a distance of 531.00 feet to the South line of said Timan First Annexation; THENCE North 88°27'35" East along said South line and along the Easterly prolongation of said South line a distance of 471.35 feet to the East ROW line of Highway#287 also being the West line of Kel-Mar Strip Subdivision recorded under Reception Number 913846 in the Records ofLarimer County; THENCE South 00°30'57"East along the said East ROW line as defined by said Kel- Mar Strip Subdivision, Book 1059 Page 402, and Book 1066 Page 184 of the Records of Larimer County a distance of 542.39 feet, to the South ROW line of Trilby Road, said line also being the North line of the Southland At Trilby Heights Subdivision Filing No 1 recorded under reception number99031585 onApri113, 1999; THENCE South 89°14'30" West a distance of 50.17 feet to the POINT OF BEGINNING; Said parcel of land contains 5.761 acres,more or less(t),and is subject to any rights- of-way or other easements of record or as now existing on said described parcel of land. 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 not 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. Introduced, considered favorably on first reading, and ordered published this 19th day of October, A.D. 2004, and to be presented for final passage on th of November,A. 1r2004. yor ATTEST: City Clerk/ I,,,,I— � Passed and adopted on final reading this 16th day of November, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: October 19, 2004 FORT COLLINS CITY COUNCIL STAFF: Steve Olt SUBJECT -0 V Items Pertaining to the College and Trilby Annexation. RECOMMENDATION Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 6 - 0 to recommend approval of the annexation; and, the Board voted 6 -0 to recommend that the property be placed in the NC-Neighborhood Commercial Zoning District. EXECUTIVE SUMMARY A. Resolution 2004-122 Catigon. h Fi �n o a d Determinations Regarding the College and Trilby An B. Hearing and First Reading of Ordinance No. 169,2004,Annexing 5.76 Acres,Known as the College and Trilby Annexation. C. Hearing and First Reading of Ordinance No. 170, 2004, Zoning 5.76 Acres, Known as the College and Trilby Annexation, into the NC-Neighborhood Commercial Zoning District. This is a request to annex and zone 5.76 acres located at the northwest corner of State Highway 287 (South College Avenue) and Trilby Road. The property is partially developed, containing one vacant building and parking. There is an undeveloped building pad site on the property. It is in the C - Commercial Zoning District in Larimer County. The requested zoning for this annexation is NC-Neighborhood Commercial. The surrounding properties are currently zoned C-Commercial in Larimer County to the south and east and NC-Neighborhood Commercial in the City to the west and the north. This is a 100% voluntary annexation. Staff is recommending that t prop bee 1 ed YResidential Neighborhood Sign District. APPLICANT: Hunt Douglas Real Estate Services c/o Dillon Tidwell 113 Coronado Court, Unit A-2 Fort Collins, CO 80525 October 19, 2004 -2- Item No. 16 OWNER: COL College and Trilby, L.LC 5100 West Kennedy Boulevard, Suite 225 Tampa, FL 33609 BACKGROUND Ct"IDY The applicant, Hunt Douglas Real Estate Services, on behalf of the property owners, COL College and Trilby,LLC, has submitted a written petition requesting annexation of 5.76 acres located at the northwest corner of State Highway 287 (South College Avenue) and Trilby Road. The property is partially developed,containing one vacant building and parking. There is an undeveloped building pad site on the property. It is in the C — Commercial Zoning District in Larimer County. The requested zoning for this annexation is NC — Neighborhood Commercial. The surrounding properties are currently zoned C - Commercial in Latimer County to the south and east and NC— Neighborhood Commercial in the City to the west and the north. 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 Intergovemmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when thClation.Vy tyi ,e igible f r an ate according to State law. This property complies with State r me in the q e bnt for 1/6 contiguity to existing City limits.This occurs throug ound 'e i the an First Annexation(June, 1988) to the west and the north. The surrounding zoning and land uses are as follows: N: NC; existing farmstead E: C in Larimer County; existing commercial S: C in Latimer County; various existing businesses W: NC; existing farmstead The requested zoning for this annexation is the NC —Neighborhood Commercial 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 Neighborhood Commercial zoning is appropriate in this location. Staff is recommending that this rty excl fr the sidential Neighborhood Sign District,which was established r the ose a lat g or non-residential uses in certain geographical areas of the Cit hich m be p i 1 aff ed by such signs because of their predominantly residential use ch Findings: 1. The annexation of this area is consistent with the policies and agreements between Latimer County and the City of Fort Collins contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area. October 19, 2004 -3- Item No. 16 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 September 7, 2004. C ap d eso ion 2004-102 which accepted the annexation petitio d de fined at a tits as in compliance with State law. The resolution also init ed the exat' ocess for e property by establishing the date, time and place when ublfc Id be regarding the readings of the Ordinances annexing and zoning the area. 4. The requested NC—Neighborhood Commercial 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. Staff is recommending that this property be excluded from the Residential Neighborhood Sign District. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning BoCnnexat lar n ly Yzog eptember 16, 2004, voted 6-0 to recommend approval of th n an a esteds part of the Board's Consent Agenda. The Planning and Zoning Board voted 6-0 (as part of the Board's Consent Agenda)to recommend that this property not be included in the Residential Neighborhood Sign District. cP Y