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AGENDA ITEM SUMMARY ITEM NUMBER: 12
DATE: January 19, 1999
. FORT COLLINS CITY COUNCIL STAFF:
Bob Blanchard �
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SUBJECT:
Second Reading of Ordinance No. 5, 1999, Annexing Property Known as the Lemay Avenue 3rd
Annexation to The City of Fort Collins, Colorado.
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption ofthe Ordinance on Second Reading. -
EXECUTIVE SUMMARY:
On January 5, 1999, Council unanimously adopted Resolution 99-1 Setting Forth Findings of Fact
and Determinations Regarding the Lemay Avenue 3rd Annexation.
Also on January 5, 1999,Council also unanimously adopted Ordinance No. 5, 1999,which annexes
an enclave approximately 2.00 acres in size, located on the east side of North Lemay Avenue,
between East Lincoln Avenue and East Vine Drive. The property is currently vacant. The property
being considered for annexation has, for a period of not less than three (3)years, been completely
surrounded by property contained within the boundaries of the City of Fort Collins.
The Council Growth Management Committee met on Monday,January 11, 1999,and recommended
the zoning on the property be I-Industrial. The First Reading of the Ordinance zoning the property
is scheduled for the February 2, 1999 meeting.
APPLICANT: City of Fort Collins
OWNER: Norman L. Royval
3739 North County Road 13
Fort Collins, CO 80524
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AGENDA ITEM SUMMARY ITEM NUMBER: 20 A-D
DATE: January 5, 1999
. FORT COLLINS CITY COUNCIL STAFF-
' Bob Blanchard
SUBJECT:
Items Relating to the Lemay Avenue 3rd Annexation and Zoning.
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RECOMMENDATION:
Staff and the Planning and ' o ng Boar recommend adop ion of the Resolutions and the
Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 99 1 Se orth i sea,t and Determinations Regarding the
Lemay Avenue 3r ea�8 ' n.
B. First Reading of Or` ; ce fa55,o199exin roperty Known as the Lemay
Avenue 3rd Annexation to The City of Fort Collins, Colorado.
C. Resolution 99-2 Amending the City Structure Plan Map.
D. First Reading of Ordinance No. 6, 1999, Amending the Zoning Map of the City of
Fort Collins and Classifying for Zoning Purposes the Property Included in the Lemay
Avenue 3rd Annexation.
This is an involuntary annexationand,,�°ring of�an-enclave-appmximately 2.00 acres in size,
located on the east side o orth t,e iiay A�en "twe a Eist Lincoln Avenue and East
Vine Drive. The property fcurrent$ vacant. %, proposgkd zoning for this annexation is
LMN - Low Density Miz6&49se Neighborhood. The Troperty being considered for
annexation has,for a period of not less than three(3)years,been completely surrounded by
property contained within the boundaries of the City of Fort Collins.
APPLICANT: City of Fort Collins
OWNER: Norman L. Royval
3739 North County Road 13
Fort Collins, CO 80524 t
DATE: January 5, 1999 2 ITEM NUMBER: 20 A-B
BACKGROUND:
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The property is located within the Fort Collins Urban Growth Area(UGA). According to policies
and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to
consider annexation of property in the UGA when the property is eligible for annexation according
to State law. The property became completely surrounded by the City of Fort Collins through the
following annexations:
N: Northeast Col idate exa ' PJ 97E: Fort Collins Business C er Sep tuber 2, 1986
S: East Lincoln 3 e - . c , 19
W: Northeast Consolidated Annexation- June 6, 1974
Enclave areas become eligible for annexation when they have been completely surrounded by
properties that have been within the city limits for at least three (3) years. The property became
eligible for annexation as an enclave on December 6, 1997.
There are several issues related to enclave areas that warrant the City considering their annexation:
• First is the desirabili lo�cons lid th r is' f p,blic safety services. While fire
service is provided . the Pb e Fir o i o enclave areas and within the city
limits,police servi s are I' ed to a within city.
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• The second issue is the ability to avoid confusion among the property owners,
surrounding property owners and the City or County entities. Again,this is related to the
provision of public safety services as it is common for those individuals who are part of
an enclave to not realize they are actually part of the County, not the City.
• The third issue pertains to the likelihood of development occurring under County
regulations rather than those of the City. The Intergovernmental Agreement between the
City of Fort Collins and Latimer County only applies to those land use decisions
requiring an action o 0 o ss, tiers. Therefore, development
may take place thr ugh the ' uance 'f g p is for permitted uses.
The surrounding zoning and Ian es are ollows:
N: RL Single family residential (Andersonville)
E: I Lemay Avenue Bypass ROW, vacant
S: I Vacant
W: I Vacant
The existing zoning is I, Industrial in Larimer County.
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DATE: January 5, 1999 3 ITEM NUMBER: 20 A-B
City Structure Plan
. A strict interpretation of the City Structure Plan would indicate that this property is in the Industrial
District. However,the location of the established right-of-way for the Lemay Avenue bypass was
not recognized when the map was initially adopted. Recognizing that arterial streets frequently
identify the boundaries of a neighborhood,the boundary of the Industrial/Low Density Mixed Use
Residential districts should have followed the established right-of-way. Staff has made this
interpretation and the Planning and Zoning Board agreed at its October 15, 1998 meeting, However,
to minimize any future interpretation issues,a Structure Plan amendment is recommended to change
the designation to Low Density ixe U e es t en e e as'`�'the residential neighborhood to
the north.
The recommended amendment is supporte y City an. The introduction to the Industrial District
policies states:
"...Industrial Districts will be located away from, or adequately buffered from,
residential neighborhoods." (City Plan Principles and Policies, Page 203)
Recommended Zonine
As noted above, the existin zonFn th unT!e!n
In tri oth the Planningand Zoning
Board and staff recommend a zoning off' e Neighborhood. This would I{
be consistent with City Plan p Tided th ity S Ian is ended as recommended. It is also
compatible with the RL, Low IYWj 'R sip al. ling dire, y to the north.
PLANNING AND ZONING BOARD RECOMMENDATION
As explained above, on October 15, 1998,the Planning and Zoning Board recommended approval
of the annexation with LMN,Low Density Mixed Use Neighborhood zoning. The Board was not
asked to act on a Structure Plan amendment. However, the Board did agree with the staff
interpretation that the district boundaries should be considered the Lemay Avenue bypass right-of-
way.
STAFF RECOMMENDATI9N
Staff recommends approval of the-Str`�OturePlan amendment d the proposed zoning.
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