HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/20/2008 - ITEMS RELATING TO THE SHIELDS AND VINE ENCLAVE ANN ITEM NUMBER: 16 A-B
AGENDA ITEM SUMMARY DATE: May 20, 2008
FORT COLLINS CITY COUNCIL STAFF: Shelby Sommer
SUBJECT
Items Relating to the Shields and Vine Enclave Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Resolution and the Ordinances on First Reading.
The Planning and Zoning Board, at its regular monthly meeting of April 17, 2008, voted to
recommend approval of the annexation, and include the property in the CL—Limited Commercial
Zone District and the Residential Neighborhood Sign District, as part of the Board's Consent
Agenda.
EXECUTIVE SUMMARY
A. Hearing and First Reading of Ordinance No. 052, 2008, Annexing Property Known as the
Shields and Vine Enclave Annexation to the City of Fort Collins, Colorado .
B. Hearing and First Reading of Ordinance No. 053, 2008, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the Shields and Vine Enclave
Annexation to the City.
This is a request to annex an enclave of 4.84 acres at the northwest corner of North Shields Street
and West Vine Drive and place the properties CL — Limited Commercial Zone District. The
annexation area 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 Larimer County and City of Fort Collins Intergovernmental Agreement,
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
May 20, 2008 -2- Item No. 16 A-B
GBP Partnership
P.O. Box 1986
Fort Collins, CO 80522
Adams Family Trust
P.O. Box 3041
Ventura, CA 93006
BACKGROUND
The proposed enclave annexation consists two properties (1104 through 1108 West Vine and 723
North Shields), totaling 4.84 acres in size, located at the northwest comer 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/out
buildings. The property at 723 North Shields Street contains two single-family residential houses
with outbuildings. The Arthur Ditch runs along the north property line of 723 North Shields Street.
Although the proposed enclave annexation is an involuntary action, the property owners of 1104
through 1108 West Vine Drive and 723 North Shields Street have been contacted and have not
expressed objection to the annexation.
Compliance with Existing Policies and State Law
The properties are located within the Fort Collins Growth Management Area. According to policies
and agreements between the City of Fort Collins and Latimer 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 are 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.
This annexation complies with Colorado State statutes as the unincorporated area has been entirely
contained within the boundaries of the City for more than three years and notice by publication has
been given at least 30 days prior to the adoption of the ordinance.
The Initiating Resolution was adopted on April 15, 2008. On April 17, 2008, the Planning and
Zoning Board considered the item and recommended annexation of the properties and placement
in the CL—Limited Commercial Zone District and the Residential Neighborhood Sign District.
Proposed Zoning
The proposed zoning for this annexation is CL—Limited Commercial District,which is consistent
with the City Structure Plan and with recommendations from the adopted Northwest Subarea Plan,
an element of the City's Comprehensive Plan. The surrounding properties are zoned:
May 20, 2008 -3- Item No. 16 A-B
N and W: LMN - Low Density Mixed-Use Neighborhood
E: CL—Limited Commercial
S: NCL—Neighborhood Conservation Low Density.
Staff and the Planning and Zoning Board recommend 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 properties to the west and south
of the proposed annexation area are included in the Residential Neighborhood Sign District.
Findings
In evaluating the proposal for the Shields Vine Enclave Annexation and Zoning, staff makes the
following findings of fact:
1. The annexation of this area is consistent with the policies and agreements between Larimer
County and the City of Fort Collins contained in the Intergovernmental Agreement.
2. The area meets the eligibility requirements included in State law to qualify for an
involuntary annexation to the City of Fort Collins.
3. The requested Zone District, CL—Limited Commercial, in conformance with the City's
Comprehensive Plan,Northwest Subarea Plan, and City Structure Plan Map.
4. The Planning and Zoning Board recommends the parcel be placed within the Residential
Neighborhood Sign District.
5. On April 15,2008,the City Council adopted a resolution determining the annexation process
for this property that includes a public hearing regarding the readings of the Ordinances
annexing and zoning the area.
ATTACHMENTS
1. Proposed Zoning.
2. Growth Management Area.
3. Structure Plan.
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ORDINANCE NO. 052, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
SHIELDS AND VINE ENCLAVE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2008-036 stating the intent of the City to annex and initiating
annexation proceedings for the Shields and Vine Enclave Annexation has heretofore been adopted
by the Council of the City of Fort Collins; and
WHEREAS,the Council of the city of Fort Collins 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
WHEREAS,the Council of the City of Fort Collins hereby finds 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 following described property, 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 34' 20' 03" W 75.00
FEET;(3)N 00'23'26"E 318.61 FEET;(4)S 720 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.
is hereby annexed to the City of Fort Collins and made a part of said City,to be known as the Shields
and Vine Enclave Annexation.
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("the Subdistrict'). Upon inclusion into the Subdistrict,said property shall be
subject to the same mill levies and special assessments as are levied or will be levied on other
similarly situated property in the Subdistrict.
Introduced, considered favorably on first reading, and ordered published this 20th day of
May, A.D. 2008, and to be presented for final passage on the 3rd day of June, A.D. 2008.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 3rd day of June, A.D. 2008.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 053, 2008
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 SHIELDS AND VINE ENCLAVE 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 Shields and Vine Enclave Annexation to the City of Fort Collins,
Colorado, in the Limited Commercial ("CL") 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 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 34' 20' 03" W 75.00
FEET;(3)N 00°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 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 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 20th day of
May, A.D. 2008, and to be presented for final passage on the 3rd day of June, A.D. 2008.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 3rd day of June, A.D. 2008.
Mayor
ATTEST:
City Clerk