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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/1999 - ITEMS RELATING TO THE JOHNSON-HARMONY ANNEXATION A AGENDA ITEM SUMMARY ITEM NUMBER: 15 DATE: July 6, 1999 FORT COLLINS CITY COUNCIL STAFF: Ronald G. Fuchs SUBJECT: Items Relating to the Johnson-Harmony Annexation and Zoning. RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 99-80 Setting Forth Findings of Fact and Determinations Regarding the Johnson- Harmony Annexation. B. First Reading of Ordinance No. 109, 1999, Annexing Property Known as the Johnson- Harmony Annexation to the City of Fort Collins. C. First Reading of Ordinance No. 110, 1999, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Johnson-Harmony Annexation. This is an annexation and zoning of approximately 63.265 acres in size encompassing 61.468 acres of private land and 1.797 acres dedicated for Cinquefoil Lane right-of-way. The subject annexation is located south of East Harmony Road and east of Cambridge Avenue. The property has rural agricultural uses and is in the FA-1 Fanning District in Larimer County. The recommended zoning is the Harmony Corridor District (HC). This is a 100% voluntary annexation. APPLICANT: Lester M. Kaplan 1060 Sailors Reef Fort Collins, CO 80525 OWNERS: Glen Johnson-3432 Carlton Avenue, Fort Collins, CO 80525 Jean Johnson-3432 Carlton Avenue, Fort Collins, CO 80525 Donald LeFever-4710 Cinquefoil Lane, Fort Collins, CO 80525 Dorothy LeFeveI-4710 Cinquefoil Lane, Fort Collins, CO 80525 DATE: July 6, 1999 2 ITEM NUMBER: 15 BACKGROUND: The Johnson-Harmony Annexation#4-99 is approximately 63.265 acres in size and is located south of East Harmony Road and east of Cambridge Avenue. The site is currently zoned FAl —Farming in Latimer County. An Annexation Impact Report for this was forwarded to the Board of County Commissioners on May 10, 1999. This is a voluntary annexation, located within the Urban Growth Area (UGA) of the City of Fort Collins. The City may annex property located within the UGA provided that the property has 1/6' contiguity with the existing City limits. The Johnson-Harmony Annexation complies with this standard since the property has 3,206.58 feet of its total boundary of approximately 9,157.35 feet contiguous to the existing City limits. This meets the minimum 1,526.22 feet required to achieve 1/6 contiguity. Contiguity to existing City limits is gained from the following common boundaries: Ricketts First Annexation(September 1993),Ricketts Second Annexation(September 1993),and Harmony Farm Annexation (July 1994) to the west; the Harmony Annexation Number 4 (November 1977) to the north; and, the Mary Smith Annexation (January 1995) to the east. Further, the annexation is consistent with the Harmony Corridor Plan,which requires certain property to be annexed prior to development. The surrounding zoning and land uses as follows: N: Harmony Corridor District (HC) —research/development (Hewett-Packard); and, existing residential S: FA-1 Farming District in Larimer County—existing agricultural E: FA-1 Farming District in Latimer County—existing agricultural W: Harmony Corridor District(HC)—existing residential;and,research/development(Harmony Technology Park- Overall Development Plan: Celestica First Filing) FA-1 Farming District in Larimer County—existing rural residential Zoning and Analysis: The property is currently zoned FA-1 Farming District in Larimer County. The requested zoning for this annexation is the Harmony Corridor District(HQ. There are numerous uses permitted in this District, subject to administrative review or review by the Planning and Zoning Board. The City's adopted Structure Plan, a part of City Plan, suggests that Harmony Corridor District(HQ zoning is appropriate for this location. Upon annexation an enclave of four lots entirely contained within the boundaries of Fort Collins will result. Colorado Revised Statutes (CRS) 31-12-106 dictates the procedure required to annex unincorporated enclave areas. In addition, CRS requires an enclave to be annexed through ordinance within a period of not less than three years. PLANNING AND ZONING BOARD RECOMMENDATION: On May 6, 1999,the Planning and Zoning Board,by a vote of 5 - 1,recommended that the Council approve the request for annexation and approve the zoning of Harmony Corridor District (HQ. • RESOLUTION 99-80 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE JOHNSON-HARMONY ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Johnson-Harmony 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 Johnson-Harmony 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 6th day of July, A.D. 1999. Mayor ATTEST: • City Clerk ORDINANCE NO. 109, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE JOHNSON-HARMONY ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution,99-5 6, 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: LE FEVER PARCEL: A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6m P.M., LARIMER COUNTY, COLORADO, WHICH, CONSIDERING THE NORTH LINE OF THE SAIDNORTHEAST 1/4 AS BEARING DUE WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEARS EAST 957.10 FEET AND AGAIN SOUTH 02003'30"EAST 417.14 FEET FROM THE NORTH 1/4 CORNER OF SAID SECTION 4 AND RUN THENCE EAST 590.11 FEET TO A POINT ON THE WEST LINE OF FOSSIL CREEK INLET DITCH; THENCE ALONG SAID WEST LINE SOUTH 00052'EAST 36.35 FEET,AND AGAIN SOUTH 53050' EAST 125.95 FEET, AND AGAIN SOUTH 61°20' EAST 202.54 FEET, AND AGAIN SOUTH 36030'E 285.09 FEET,AND AGAIN SOUTH 27°35'EAST 392.54 FEET,AND AGAIN SOUTH 11051'EAST 106.27 FEET;THENCE WEST 1211.26 FEET;THENCE NORTH 02003'30" WEST 889.51 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19.97 ACRES MORE OR LESS. JOHNSON PARCEL: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M., COUNTY OF LARIMER, STATE OF COLORADO BEING DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE SAID NORTHEAST QUARTER AS BEARING DUE EAST AS SHOWN ON THE LAND SURVEY PLAT PREPARED BY STEWART AND ASSOCIATES ON NNE 18, 1987, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH BEARS S 02°03'00"E,25.00 FEET,AND AGAIN N 89°54'00"E,299.98 FEET, FROM THE NORTH QUARTER CORNER OF SAID SECTION 4, AND RUNS THENCE N 89°54'00' E,263.62 FEET; THENCE EAST 333.43 FEET TO THE WEST LINE OF A 60 FOOT WIDE ACCESS ROAD;THENCE S 02°03'30"E,2597.99 FEET;THENCE N 89°06'45"W,898.02 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4;THENCE N 02°03'00"W, 864.57 FEET;THENCE EAST 300.00 FEET;THENCE N 02003"00"W, 1719.05 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED LAND CONTAINING 41.498 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 Johnson-Harmony 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 6th day of July, A.D. 1999, and to be presented for final passage on the 20th day of July, A.D. 1999. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 1999. Mayor ATTEST: City Clerk . ORDINANCE NO. 110, 1999 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 JOHNSON-HARMONY 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 Johnson-Harmony Annexation to the City of Fort Collins,Colorado,in the Harmony Corridor(HC)Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado,to wit: LE FEVER PARCEL: A TRACT OF LAND SITUATE IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6T P.M., LARIMER COUNTY, COLORADO, WHICH, CONSIDERING THE NORTH LINE OF THE SAID NORTHEAST 1/4 AS BEARING DUE WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEARS EAST 957.10 FEET AND AGAIN SOUTH 02003'30"EAST 417.14 FEET FROM THE NORTH 1/4 CORNER OF SAID SECTION 4 AND RUN THENCE EAST 590.11 FEET TO A POINT ON THE WEST LINE OF FOSSIL CREEK INLET DITCH; THENCE ALONG SAID WEST LINE SOUTH 00052'EAST 36.35 FEET,AND AGAIN SOUTH 53050' EAST 125.95 FEET, AND AGAIN SOUTH 61.20' EAST 202.54 FEET, AND AGAIN SOUTH 36030'E 285.09 FEET,AND AGAIN SOUTH 27°35'EAST 392.54 FEET,AND AGAIN SOUTH 11051'EAST 106.1.7 FEET;THENCE WEST 1211.26 FEET;THENCENORTH 02°03'30" WEST 889.51 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 19.97 ACRES MORE OR LESS. JOHNSON PARCEL: A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 4,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M., COUNTY OF LARIMER, STATE OF COLORADO BEING DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE SAID NORTHEAST QUARTERAS BEARING DUE EAST AS SHOWN ON THE LAND SURVEY PLAT PREPARED BY STEWART AND ASSOCIATES ON NNE 18, 1987, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT WHICH BEARS S 02°03'00"E,25.00 FEET,AND AGAIN N 89°54'00"E,299.98 FEET, FROM THE NORTH QUARTER CORNER OF SAID SECTION 4, AND RUNS THENCE N 89°54'00'E,263.62 FEET; THENCE EAST 333.43 FEET TO THE WEST LINE OF A 60 FOOT WIDE ACCESS ROAD;THENCE S 02°03'30"E,2597.99 FEET;THENCE N 89°06'45"W,898.02 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 4;THENCE N 02°03'00"W, 864.57 FEET;THENCE EAST 300.00 FEET;THENCE N 02003"00"W, 1719.05 FEET TO THE POINT OF BEGINNING. ABOVE DESCRIBED LAND CONTAINING 41.498 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 not 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 6th day of July, A.D. 1999, and to be presented for final passage on the 20th day of July, A.D. 1999. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 1999. Mayor ATTEST: City Clerk m LOUT O � ---F7 HC POL z D o p HARMONY D. O-0 H i OUT OUT Z i f 4 i i LMN , 0 T 771 ;4-99 CINITY MAP 03/25/99 Johnson-Harmony Annexation & Zoning 1"=1000'