HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/07/2006 - ITEMS RELATING TO THE ARBOR SOUTH SECOND ANNEXATIO ITEM NUMBER: 10 A-B
AGENDA ITEM SUMMARY DATE: November7, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Items Relating to the Arbor South Second Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 166,2006,Annexing Property Known as the Arbor South
Second Annexation to the City of Fort Collins, Colorado.
B. Second Reading of Ordinance No. 167,2006,Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Arbor South
Second Annexation to the City of Fort Collins, Colorado.
These Ordinances,which were unanimously adopted on First Reading on October 17,2006, annex
and zone 1.83 acres located on the west side of South College Avenue,east of Fossil Boulevard,and
north of West Fairway Lane. It is currently vacant, undeveloped property and is in the T—Tourist
Zoning District in Larimer County. The requested zoning in the City of Fort Collins is C -
Commercial.
ITEM NUMBER: 19 A-B
AGENDA ITEM SUMMARY DATE: October 17, 2006
FORT COLLINS CITY COUNCIL STAFF: Steve Olt
SUBJECT
Items Relating to the Arbor South Second Annexation and Zoning.
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RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
On September 21, 2006, the Planning and Zoning Board voted to recommend approval of the
annexation and requested zoning.
C010
Y
EXECUTIVE SUMMARY
A. Hearing and First Reading of Ordinance No. 166, 2006, Annexing Property Known as the
Arbor South Second Annexation to the City of Fort Collins, Colorado.
B. Hearing and First Reading of Ordinance No. 167, 2006, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Arbor
South Second Annexation to the City of Fort Collins, Colorado.
This is a request to annex and zone 1.83 acres located on the west side of South College Avenue,
east of Fossil Boulevard, and north of West Fairway Lane. It is currently vacant, undeveloped
property and is in the T—Tourist Zoning District in Larimer County. The requested zoning in the
City of Fort Collins is C - Com cra
Staff is recommending this ro x p
J;r
ntial Neighborhood
r r gh ooi Sri District.
A map amendment will be necessary to exclude this property from the Residential Neighborhood
Sign District.
APPLICANT: City of Fort Collins
OWNER: Spradley/Barr, LLC
P.O. Box 270710
Fort Collins, CO. 80527
October 17, 2006 -2- Item No. 19 A-B
BACKGROUND
This in an involuntary annexati , im Q.un
e ity • ollins. The area to be annexed is
the entirety of an enclave that ha been sd Cit or more than three years;therefore,
no annexation petition is require f
In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and
Municipally Owned Land:
when any unincorporated area is entirely contained within the boundaries of
a municipality, the governing body may by ordinance annex such territory to
the municipality without complying with:
CRS 31-12-104 Eligibility forAnnexation; or
• CRS 31-12-105 Limitations; or
• CRS 31-12-108 Setting Hearing Date; or
• CRS 31-12-109 He ,
if said area has been s urrou deiati
r eriod not less than three years;
except that not d din all be given by publication
as provided by Section 31-12-108;however, for notices of annexation petitions and
resolutions initiating annexation proceedings, no public hearing on the proposed
annexation ordinance shall be required, and the first publication of notice shall be at
least thirty days prior to the adoption of the ordinance.
The property is located within the Fort Collins Growth Management Area (GMA). According to
policies and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreements, the City will agree to consider annexation of property in the GMA
when the property is eligible for annexation according to State Law. Pursuant to the
Intergovernmental Agreements, the following sections are relevant to the Arbor South Second
Annexation and Zoning:
Section 8 Annexations
Section 8.A. It is t e CitQslntenfPoannex properties within the GMA as
expeditiously as possible.
Section 8.13. The City agrees to pursue involuntary annexation of any
parcel that becomes eligible for involuntary annexation.
This property complies with State regulations by meeting the requirement for 1/6 contiguity to
existing City limits. This property is an enclave(completely surrounded by the City since 1999)and
gains the required 1/6 contiguity to existing City limits from common boundaries with the Arbor
South First Annexation(June 2001)to the north and west,the Fairway Estates Business Annexation
(January 1981) to the east, and the McClanahan First Annexation(April 1989) to the south.
October 17, 2006 -3- Item No. 19 A-B
Although the proposed enclave annexation is an involuntary action, the property owner has been
contacted and has not expressed an objection to the annexation.
The surrounding zoning and Ian eusesas fo oxi
N: C in City of Fort Collins; unde oped'pidperty"
E: C in City of Fort Collins; existing commercial uses
S: C in City of Fort Collins; existing commercial uses, undeveloped property
W: C in City of Fort Collins; proposed Mason Street Corridor Multi-Modal Transit
Station, undeveloped property
The recommended zoning for this annexation is the C - 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 a Commercial Corridor District designation is appropriate in this location.
Staff is recommending this property be excluded from the Residential Neighborhood Sign District.
A map amendment will be neces eo t ' the Residential Neighborhood
Sign District.
FINDINGS ��
l. 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 Agreements.
2. The area meets the eligibility requirements included in State law to qualify for an
involuntary annexation to the City of Fort Collins.
3. On September 5, 2006, Council considered a resolution determining that the proposed
annexation process for this property by establishing the date,time, and place when a public
hearing will be held regarding the readings of the Ordinances annexing and zoning the area.
Public hearing and first reading of the Ordinances annexing and zoning the property will be
considered by the City C nci Oper
4. The C-Commercial Zoni ' triYfssite based on adjacent zoning and
existing land uses and 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 this property be excluded from the Residential Neighborhood Sign District.
A map amendment will be necessary to exclude this property from the Residential Neighborhood
Sign District.
October 17, 2006 -4- Item No. 19 A-B
PLANNING AND ZONING BOARD RECOMMENDATION
The Planning and Zoning BoardMationreq
f September 21, 2006, voted to
recommend approval of the annesle?oaYrd'snsent
of the Board's Consent Agenda.
The Planning and Zoning Board Agenda)to recommend that
this property be excluded from the Residential Neighborhood Sign District.
C I
0
PY
ORDINANCE NO. 166, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
ARBOR SOUTH SECOND ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 2006-093 stating the intent of the City to annex and initiating
annexation proceedings for the Arbor South Second Annexation 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:
CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN AS BEARING N 00` 55' 05" E WITH ALL BEARING
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2
THENCE S 00° 55'05" W 1931.20 FEET; THENCE, S 89' 04' 55" W 48.01 FEET
TO THE NORTHEAST CORNER OF THE OF THE SUBJECT PROPERTY ALSO
BEING A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE
FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT
COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION:
THENCE, S 01° 00' 05" W 147.22 FEET ALONG SAID WESTERLY LINE OF
THE FAIRWAY ESTATES BUSINESS PARK ANNEXATION TO A POINT OF
INTERSECTION WITH THE NORTHERLY LINE OF THE MC CLANAHN
FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE,N 88° 36' 55" W 613.00 FEET ALONG SAID NORTHERLY LINE TO
A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE ARBOR
SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 00° 23' 05" E 112.29 FEET ALONG SAID SOUTHERLY LINE;
THENCE, N 88° 07' 05" E 613.01 FEET CONTINUING ALONG SAID
SOUTHERLY LINE TO AN INTERSECTION WITH THE WESTERLY LINE OF
SAID FAIRWAY ESTATES BUSINESS ANNEXATION AND THE TRUE POINT
OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 1.825 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 Arbor
South Second 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 17th day of
October, A.D. 2006, and to be presented for final passage on th day of November, 2006.
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of November, A.D. 2006.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 167, 2006
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 ARBOR SOUTH SECOND 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 Arbor South Second Annexation to the City of Fort Collins,Colorado,in
the Commercial("C")Zone District, which property is more particularly described as situate in the
County of Larimer, State of Colorado, to wit:
CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF
SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN AS BEARING N 00' 55' 05" E WITH ALL BEARING
HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2
THENCE S 00' 55' 05" W 1931.20 FEET; THENCE, S 89' 04' 55" W 48.01 FEET
TO THE NORTHEAST CORNER OF THE OF THE SUBJECT PROPERTY ALSO
BEING A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE
FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT
COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION:
THENCE, S O1' 00' 05" W 147.22 FEET ALONG SAID WESTERLY LINE OF
THE FAIRWAY ESTATES BUSINESS PARK ANNEXATION TO A POINT OF
INTERSECTION WITH THE NORTHERLY LINE OF THE MC CLANAHN
FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE,N 88° 36'55" W 613.00 FEET ALONG SAID NORTHERLY LINE TO
A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE ARBOR
SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS;
THENCE, N 00° 23' 05" E 112.29 FEET ALONG SAID SOUTHERLY LINE;
THENCE, N 88° 07' 05" E 613.01 FEET CONTINUING ALONG SAID
SOUTHERLY LINE TO AN INTERSECTION WITH THE WESTERLY LINE OF
SAID FAIRWAY ESTATES BUSINESS ANNEXATION AND THE TRUE POINT
OF BEGINNING FOR THIS DESCRIPTION;
CONTAINING 1.825 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 not included to 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 17th day of
October, A.D. 2006, and to be presented for final passage on t th day of November, A.D. 2006.
i
ga�r
ATTEST: Mayo
City Clerk 1
Passed and adopted on final reading on the 7th day of November, A.D. 2006.
Mayor
ATTEST:
City Clerk