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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/21/2007 - ITEMS RELATING TO THE REIN ANNEXATION AND ZONING ITEM NUMBER: 19 A-C AGENDA ITEM SUMMARY DATE: August 21, 2007 FORT COLLINS CITY COUNCIL STAFF: Ted Shepard SUBJECT Items Relating to the Rein Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY A. Resolution 2007-070 Setting Forth Findings of Fact and Determinations Regarding the Rein Annexation. B. Hearing and First Reading of Ordinance No. 096, 2007, Annexing Property Known as the Rein Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 097, 2007, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Rein Annexation to the City of Fort Collins, Colorado. This is a 100% voluntary annexation and zoning of a property that is approximately 1.52 acres in size. The site is 1038 West Vine Drive located between North Shields Street and Wood Street. Contiguity with the existing municipal boundary is gained along the entire southern and western boundaries. BACKGROUND The property is located within the Growth Management Area. According to the policies and agreements between the City ofFort Collins and Larimer County contained in the Intergovernmental Agreement for the City of Fort Collins Growth Management Area, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to State law. The parcel gains the necessary one-sixth contiguity along the entire southern and western boundaries. Of the total perimeter boundary, the parcel has 54% contiguity with the City limits. This substantially exceeds the required minimum of 16.66% (one-sixth). The parcel, therefore, complies with the requirements of the Intergovernmental Agreement for the City of Fort Collins Growth Management Area and is eligible for annexation. August 21, 2007 -2- Item No. 19 A-C o Management Area. This is a 100/o voluntary annexation for a property located within the Growth g The property satisfies the requirement that no less than one-sixth of the perimeter boundary be contiguous to the existing City boundary. The recommended zoning of C-L, Limited Commercial, is in compliance with the City's Comprehensive Plan and Structure Plan Map. Staff recommends the parcel be placed within the Residential Neighborhood Sign District. The hiitiating Resolution was considered by City Council on July 17,2007 and adopted. On August 16,2007,the Planning and Zoning Board took two specific actions in making their recommendation to City Council and its recommendation will be provided to Council by Tuesday,August 21,2007. Consistency with Existing Policies According to the policies and agreements between the City of Fort Collins and Latimer County, contained in the amended(November 21,2000)Intergovernmental Agreement for the City of Fort Collins Growth Management Area, the City will agree to consider for annexation property in the U.G.M.A. when such property is eligible for annexation according to State law. According to Section 8A of the I.G.A., as amended: "It is the City's intent to annex properties within the GMA as expeditiously as possible consistent with the terms of this Agreement. Except as provided in Section 8(B), the City agrees to consider the annexation of any parcel or parcels of land located within the GMA which are eligible for voluntary annexation pursuant to the provisions of Title 31, Article 12 Colorado Revised Statutes." The surrounding zoning and land uses are as follows: N: O, Open (County); Rural Residential S: N-C-M; Existing single family subdivision(Capital Hill) E: O, Open(County); Rural Residential and Maintenance Facility E: E; City of Fort Collins Fleet Services Storage y W: C-L; Existing shop for a small gutter fabrication and installation business. The parcel gains the necessary one-sixth contiguity along the entire southern and western boundaries. Of the total perimeter boundary, the parcel has 54% contiguity with the City limits. This substantially exceeds the required minimum of 16.66% (one-sixth). The parcel, therefore, complies with the requirements of the Intergovernmental Agreement for the City of Fort Collins Growth Management Area and is eligible for annexation. One of the stated intents of the IGA is to have urban development occur within the City in order that the provision of urban level services by the County would be minimized. This is a 100%voluntary annexation. The parcel is not an enclave. On July 17, 2007, City Council approved a Resolution which accepted the annexation petition and established that the petition is in compliance with State statutes. August 21, 2007 -3- Item No. 19 A-C Zoning Requested Zoning—Limited Commercial The proposed zoning for the entire site is Limited Commercial. The Land Use Code describes this zone district as follows: "The Limited Commercial District is intended for areas primarily containing existing,small commercial uses that are adjacent to residential neighborhoods.Many of these areas have transitioned over time from residential to commercial uses. The District is divided into the Riverside Area as depicted in Figure 21 and all other areas. The purpose of this district is to allow small scale nonresidential uses to continue to exist or to expand while still protecting surrounding residential areas, provided that such areas have been designated under an adopted subarea plan as being appropriate for the C-L District." Northwest Subarea Plan he C-L zone district complies with both Northwest Subarea Plan, adopted in December 2006, and the City's Structure Plan Map. The C-L zone would match the zoning of the property to the west. According to the Plan: "One of the key ideas of the Plan is to preserve and contain small commercial land uses in discrete existing locations. Existing commercial and independent businesses will remain, but further proliferation of large commercial development will not occur. The Plan designates Limited Commercial for areas where some commercial exists already. It allows businesses,but not vehicle-intensive uses. Workshops and custom small industry could occur. The intent is to encourage reinvestment and redevelopment in existing neighborhoods." The Rein Annexation is located within an area designated as Limited Commercial by the Land Use Framework Plan of the Northwest Subarea Plan. Findings of Fact/Conclusion In evaluating the request for the Rein Annexation and Zoning, staff makes the following findings of fact: 1. The annexation of this parcel is consistent with the policies and agreements between Larimer County and the City of Fort Collins, as contained in the amended Intergovernmental Agreement for the City of Fort Collins Growth Management Area. August 21, 2007 -4- Item No. 19 A-C 2. The parcel meets all criteria included in State law to qualify for annexation by the City of Fort Collins. 3. The requested zone district,C-L,Limited Commercial,is in conformance with two elements of the City's Comprehensive Plan (City Plan). These elements are the Structure Plan Map and the Northwest Subarea Plan. 4. Staff recommends the parcel be placed within the Residential Neighborhood Sign District. 5. On July 17,2007,City Council passed a Resolution which accepted the annexation petition and determined that the petition is in compliance with State law. Planning and Zoning Board Recommendation: On August 16, 2007, the Planning and Zoning Board took two specific actions in making its recommendation to City Council and its recommendation will be provided to Council by Tuesday, August 21, 2007. ATTACHMENTS 1. Vicinity Map 2. Proposed Zoning Map 3. Northwest Subarea Plan Land Use Map mm _ l■■■■■��■ tom: Goa�i an � �� '�� ■■�� C1Is ��_ Wit,. —_ �� . �� ■ Is i� gillIII ■ram p�L bpi �_II� �� ». -III �� ,I - - I ■■ 1•, 1� _, - ■■ ■ ■■■■■■■ ■ 11� i ■■ ■ ■� oil -- - ■ mom �■ _� .� -� AdIk i UE ! • I LMN s... 01A LMN V�Kf AR.• y I .. C S = V cc Rein Annexation Property (outlined in white) N in relation to the n /V x Northwest Subarea Plan z y w RESOLUTION 2007-070 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE REIN ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Rein 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 Rein 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 21 st day of August, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 096, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE REIN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2007-070,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 Southwest 1/4 of Section 2, Township 7 North, Range 69 West of the Sixth P.M.,County of Latimer,State of Colorado,which,considering the South line of said Southwest 1/4 as bearing N90°00'00"E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on said South line which bears N90°00'00"E 330.00 feet from the Southwest Corner of said Section 2, and run thence along said South line, N90000'00"E 189.00 feet;thence departing said South line,N 00°04'00" W 283 feet to a point on the South right-of-way line of the Arthur Ditch;thence along said South right-of-way line, N54°54'07"W 231.19 feet; thence departing said South right-of- way line,S00°04'00"E 415.93 feet to the point ofbeginning,containing 1.5163 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 Rein 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 21st day of August, A.D. 2007, and to be presented for final passage on the 4th day of September, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 097, 2007 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 REIN 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 Rein Annexation to the City of Fort Collins, Colorado, in the Limited Commercial (CL) 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 Southwest 1/4 of Section 2, Township 7 North,Range 69 West of the Sixth P.M.,County ofLarimer,State of Colorado,which,considering the South line of said Southwest 1/4 as bearing N90°00'00"E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on said South line which bears N90°00'00"E 330.00 feet from the Southwest Corner of said Section 2, and run thence along said South line, N90000'00"E 189.00 feet;thence departing said South line,N 00004,001,W 283 feet to a point on the South right-of-way line of the Arthur Ditch;thence along said South right-of-way line,N54054'07"W 231.19 feet; thence departing said South right-of- way line,S00°04'00"E 415.93 feet to the point ofbeginning,containing 1.5163 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 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 21st day of August, A.D. 2007, and to be presented for final passage on the 4th day of September, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2007. Mayor ATTEST: City Clerk