HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/19/2004 - ITEMS PERTAINING TO THE COLLEGE AND TRILBY ANNEXAT ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: October 19, 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.
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 Setting Forth Findings of Fact and Determinations Regarding the
College and Trilby Annexation.
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 comer 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.
Staff is recommending that this property be excluded from the Residential 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, LLC
5100 West Kennedy Boulevard, Suite 225
Tampa, FL 33609
BACKGROUND
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 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.
The property is located within the Fort Collins Urban Growth Area. According to policies and
agreements between the City ofFort 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. This
property complies with State regulations by meeting the requirement for 1/6 contiguity to existing
City limits.This occurs through common boundaries with the Timan 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 Larimer 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 property be excluded from the Residential Neighborhood Sign
District,which was established for the purpose of regulating signs for non-residential uses in certain
geographical areas of the City which may be particularly affected by such signs because of their
predominantly residential use and character.
Findings:
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 hntergovernmental 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, the City Council approved a Resolution 2004-102 which accepted
the annexation petition and determined that the petition was in compliance with State law.
The resolution also initiated the annexation process for the property by establishing the date,
time and place when a public hearing would be held 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 Board, at its regular monthly meeting of September 16,2004, voted 6-0
to recommend approval of the annexation and requested zoning as 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.
RESOLUTION 2004-122
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE COLLEGE AND TRILBY ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the College and Trilby Annexation; and
WHEREAS, following notice given as required by law, the Council has held a hearing on
said annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the petition for annexation complies with
the Municipal Annexation Act.
Section 2. That the Council hereby finds that there is at least one-sixth(1/6) contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
urbanized in the near future;and that said property is integrated with or is capable ofbeing integrated
with the City.
Section 3. That the Council further determines that the applicable parts of said Act have
been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with said Act.
Section 5. That the Council concludes that the area proposed to be annexed in the
College and Trilby Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
19th day of October, A.D. 2004.
Mayor
ATTEST:
City Clerk
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 1. 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(SE 1/4)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 (NEl/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 4287 (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 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 Larimer 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:
City Clerk
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(SE1/4)of Section Eleven(11),
the Southwest Quarter (SWl/4) of Section Twelve (12), the Northwest Quarter
(NWl/4) of Section (13), and the Northeast Quarter (NEl/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 NEl/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 adistance of369.89 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 Kcl-Mar Strip
Subdivision recorded under Reception Number 913846 inthe 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 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.
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 the 16th day of November,A.D.2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of November, A.D. 2004.
Mayor
ATTEST:
City Clerk
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