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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2000 - ITEMS RELATING TO THE RIVERBEND THIRD ANNEXATION A AGENDA ITEM SUMMARY ITEM NUMBER: 24 A-C FORT COLLINS CITY COUNCIL DATE: August 15, 2000STAFF• Steve Olt SUBJECT: Items Relating to the Riverbend Third Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Resolution and of the Ordinances on First Reading. The Planning and Zoning Board voted 4-0 to recommend adoption of the annexation and requested zoning. EXECUTIVE SUMMARY: A. Resolution 2000-100 Setting Forth Findings of Fact and Determinations Regarding the Riverbend Third Annexation and Zoning. B. First Reading of Ordinance No. 107, 2000, Annexing Property Known as the Riverbend Third Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 108, 2000, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Riverbend Third Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 1.25 acres located on the south side of East Mulberry Street, north of the Cache La Poudre River, and east of Timberline Road between Eric Street and Eric Court. The property is currently being used as part of the Country Club Gardens Nursery operation and is in the FA — Farming Zoning District in Latimer County. The requested zoning in the City of Fort Collins is LMN—Low Density Mixed-Use Neighborhood. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. APPLICANT: Riverbend Farms c/o Stewart & Associates 103 South Meldrum Street Fort Collins, CO 80521 OWNER: Riverbend Farms 110 East Oak Street, Suite 200 Fort Collins, CO 80524 DATE: August 15, 2000 2 ITEM NUMBER: 24 A-C The applicant, Riverbend Farms, c/o Stewart & Associates, Inc., on behalf of the property owners, Riverbend Farms, has submitted a written petition requesting annexation of 1.25 acres located on the south side of East Mulberry Street, north of the Cache La Poudre River, and east of Timberline Road between Eric Street and Eric Court. The property is currently being used as part of the Country Club Gardens Nursery operation and is in the FA — Farming Zoning District in Larimer County. The requested zoning for this annexation is LMN—Low Density Mixed-Use Neighborhood. The surrounding properties are zoned FA (to the north, in Larimer County), M1 (to the east, in Larimer County), C (to the west), and POL (to the south). 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 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 Riverbend Annexation (July, 1980) to the west and the Riverbend Second Annexation (November, 1986) to the south. The surrounding zoning and land uses are as follows: N: FA in Larimer County; existing commercial (Country Gardens Nursery) E: M1 in Larimer County; existing single family residential S: POL; existing City natural area W: C; existing Timberline Road The requested zoning for this annexation is the LMN — Low Density Mixed-Use Neighborhood 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 a Low Density Mixed-Use Neighborhood is appropriate in this location. Staff is recommending that this property be included in 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. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. I 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 Intergovernmental Agreement for the Fort Collins Urban Growth Area. i 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 June 20, 2000, the City Council approved a resolution 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, DATE: August 15, 2000 3 ITEM NUMBER: 24 A-C time and place when a public hearing would be held regarding the readings of the i . Ordinances annexing and zoning the area. 4. The requested LMN — Low Density Mixed-Use Neighborhood Zoning District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends adoption of the annexation and requested zoning. Staff is recommending that this property be included in the Residential Neighborhood Sign District. A map amendment will not be necessary to place this property on the Residential Neighborhood Sign District Map. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting of July 20, 2000, voted 4-0 to recommend adoption of the annexation and requested zoning as part of the Board's Consent Agenda. The Planning and Zoning Board voted 4-0 (as part of the Board's Consent Agenda) to recommend that this property be included in the Residential Neighborhood Sign District. . RESOLUTION 2000-101 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE RIVERBEND THIRD ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Riverbend Third 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 of being 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 Riverbend Third 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 15th day of August, A.D. 2000. Mayor ATTEST: City Clerk • ORDINANCE NO. 109, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE RIVERBEND THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2000-86, 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 NORTHWEST 1/4 OF SECTION 17,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., COUNTY OF LARIMER, STATE OF COLORADO,WHICH,CONSIDERING THE NORTH LINE OF SAID NORTHWEST 1/4 AS BEARING S88E43'30"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH BEARS S65E21'36"E 1047.91 FEET, AND AGAIN SOOE24'30"W 400.00 FEET,AND AGAIN N85E51'00"E 801.00 FEET, AND AGAIN SOOE24'30"W 419.93 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 17, AND RUN THENCE S89E35'30"E 50.00 FEET; THENCE ALONG THE ARC OF A 15.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 24.76 FEET, THE LONG CHORD OF WHICH BEARS S46E52'15"E22.04 FEET;THENCE N85E51'00"E 183.76 FEET TO A POINT ON THE WEST BOUNDARY LINE OF COUNTRYSIDE PARK PHASE III; THENCE ALONG SAID WEST BOUNDARY LINE, SOOE24'30"W 224.86 FEET TO A POINT ON THE NORTH LINE OF RIVERBEND SECOND ANNEXATION; THENCE ALONG SAID NORTH LINE, N89E09'30"W 249.38 FEET TO THE SOUTHEAST CORNER OF RIVERBEND ANNEXATION;THENCE ALONG THE EAST LINE OF SAID RIVERBEND ANNEXATION, NOOE24'30"E 223.32 FEET TO THE POINT OF BEGINNING,CONTAINING 1.2472 ACRES, MORE OR LESS. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Riverbend Third 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. Introduced, considered favorably on first reading, and ordered published this 15th day of August, A.D. 2000, and to be presented for final passage on the 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk 2 . ORDINANCE NO. 110, 2000 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 RIVERBEND THIRD 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 2.8 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 be, and the same hereby is, changed and amended by including the property known as the Riverbend Third Annexation to the City of Fort Collins, Colorado, in the Low Density Mixed-Use Neighborhood (LMN) Zone District, which property is more particularly described as situate in the County of Latimer,State of Colorado,to wit: A TRACT OF LAND SITUATE IN THE NORTHWEST 1/4 OF SECTION 17,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., COUNTY OF LARIMER, STATE OF COLORADO,WHICH,CONSIDERING THE NORTH LINE OF SAID NORTHWEST 1/4 AS BEARING S88E43'30"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH BEARS S65E21'36"E 1047.91 FEET, AND AGAIN SOOE24'30"W 400.00 FEET,AND AGAIN N85E51'00"E 801.00 FEET,AND AGAIN SOOE24'30"W 419.93 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 17, AND RUN THENCE S89E35'30"E 50.00 FEET; THENCE ALONG THE ARC OF A 15.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 24.76 FEET,THE LONG CHORD OF WHICH BEARS S46E52'15"E22.04 FEET; THENCE N85E51'00"E 183.76 FEET TO A POINT ON THE WEST BOUNDARY LINE OF COUNTRYSIDE PARK PHASE III; THENCE ALONG SAID WEST BOUNDARY LINE, SOOE24'30"W 224.86 FEET TO A POINT ON THE NORTH LINE OF RIVERBEND SECOND ANNEXATION; THENCE ALONG SAID NORTH LINE, N89EO9'30"W 249.38 FEET TO THE SOUTHEAST CORNER OF RIVERBEND ANNEXATION;THENCE ALONG THE EAST LINE OF SAID • RIVERBEND ANNEXATION, NOOE24'30"E 223.32 FEET TO THE POINT OF BEGINNING,CONTAINING 1.2472 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 be,and the same hereby is,changed and amended by showing that the above-described property is included in the Residential Neighborhood Sign District. Section 3. That the City Engineer 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 15th day of. August, A.D. 2000, and to be presented for final passage on the 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk IIIIIIIIIIII � IIIII MN CEMETERY� II � son F s I/N •I1/1��1 � A'���iU11rA,11g11 f • - � � • • . • f I