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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/21/2003 - ITEMS RELATING TO FIRST FREE WILL BAPTIST CHURCH A AGENDA ITEM SUMMARY ITEM NUMBER: 21 A-C DATE: January 21, 2003 40 FORT COLLINS CITY COUNCIL FROM: Bob Barkeen SUBJECT : Items Relating to First Free Will Baptist Church Annexation. RECOMMENDATION: The Planning and Zoning Board recommends adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 2003-007 Setting Forth Findings of Fact and Determinations Regarding the First Free Will Baptist Church Annexation. B. First Reading of Ordinance No. 014,2003,Annexing Property Known as the First Free Will Baptist Church Annexation to the City of Fort Collins, Colorado. C. First Reading of Ordinance No. 015, 2003, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the First Free Will Baptist Church Annexation to the City of Fort Collins, Colorado. The First Free Will Baptist Church Annexation is 4.62 acres in size,located west of College Avenue and north of Trilby Road. The site is the current location of the First Free Will Baptist Church. The parcel is contiguous to existing City boundaries by the Timan First Annexation. The recommended zoning is Low Density Mixed-Use Neighborhood (LMN). BACKGROUND: This property is eligible for annexation according to the Colorado Annexation Act, which requires 1/6 contiguity to the existing city limits. The First Free Will Baptist Church Annexation complies with this standard since the property has 914 feet of its total boundary of approximately 1,827 feet contiguous to the existing city limits. This meets the minimum 305 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the property to the east and south of the parcel. The property is located within the Fort Collins Urban Growth Area(UGA). According to policies and agreements between the City of Fort Collins and L.arimer County,' contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area (last amended November 2000), the City will pursue the annexation of land into the City of Fort Collins when such lands are eligible for annexation according to Colorado Revised Statutes (CRS). DATE: ITEM NUMBER: The property is currently zoned Residential (R2) District in Latimer County. The City's adopted Structure Plan, a part of City Plan, designates the site as Low Density, Mixed-Use Residential. The use of a church or other religious facility is permitted within the LMN zone district as an Administrative (Type 1) Review. The existing church will be conforming to the use requirements within the LMN zone district. The Planning and Zoning Board Hearing The Planning and Zoning Board considered the First Free Will Baptist Church Annexation at its December 19, 2002 Meeting. The Board recommended approval of the annexation and zoning to the City Council by a vote of 6-0. The item was considered on the consent agenda. RESOLUTION 2003-007 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE FIRST FREE WILL BAPTIST CHURCH ANNEXATION WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the First Free Will Baptist Church 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 First Free Will Baptist Church 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 21st day of January, A.D. 2003. Mayor ATTEST: City Clerk • ORDINANCE NO. 014, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FIRST FREE WILL BAPTIST CHURCH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2002-111,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 LOCATED IN THE SE 1/4 OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M. OF LARIMER COUNTY COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 11 TOWNSHIP 6 NORTH,RANGE WEST OF THE 6TH P.M.,LARIMER COUNTY, COLORADO AS BEARING S 88 DEGREES 37'00"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO:COMMENCING AT THE SE CORNER OF SAID SECTION11 TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M.,LARIMER COUNTY,COLORADO; THENCE,RUN S 88 DEGREES 37'00"W ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 FOR A DISTANCE OF 957.61 FEET; THENCE LEAVING SAID SOUTH LINE RUN N 01 DEGREES 56'00"W FOR A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE BOUNDARY LINE OF TIMAN FIRST ANNEXATION;THENCE RUN S 88 DEGREES 37'00" W ALONG SAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION FOR A DISTANCE OF 543.51 FEET TO A POINT ON THE BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING; THENCE LEAVING SAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION RUN N 01 DEGREES 56-00"W ALONG SAID BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING FOR A DISTANCE OF 370 FEET; THENCE RUN N 88 DEGREES 37'00" E ALONG SAID BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING FOR A DISTANCE OF 543.51 FEET TO THE AFORESAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION; THENCE LEAVING SAID BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING RUN S 01 DEGREES 56'00" E ALONG SAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION FOR A DISTANCE OF 370 FEET TO THE POINT OF BEGINNING. CONTAINING 4.62 ACRES, MORE OR LESS WHICH HAS AN ADDRESS OF 320 WEST TRILBY ROAD, FORT COLLINS, COLORADO 80525. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the First Free Will Baptist Church 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 January, A.D. 2003, and to be presented for final passage on the 4th day of February, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of February, A.D. 2003. Mayor ATTEST: City Clerk . ORDINANCE NO. 015, 2003 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 FIRST FREE WILL BAPTIST CHURCH 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 First Free Will Baptist Church 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 Larimer,State of Colorado, to wit: A TRACT OF LAND LOCATED IN THE SE 1/4 OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST, OF THE 6TH P.M. OF LARIrVMR COUNTY COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 11 TOWNSHIP 6 NORTH,RANGE WEST OF THE 6TH P.M.,LARIMER COUNTY, COLORADO AS BEARING S 88 DEGREES 37'00"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO:COMMENCING AT THE SE CORNER OF SAID SECTION1I TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M.,LARRVIER COUNTY,COLORADO;THENCE, RUN S 88 DEGREES 3700"W ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 FOR A DISTANCE OF 957.61 FEET; THENCE LEAVING SAID SOUTH LINE RUN N 01 DEGREES 56'00"W FOR A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING A POINT ON THE BOUNDARY LINE OF TIMAN FIRST ANNEXATION;THENCE RUN S 88 DEGREES 37'00" W ALONG SAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION FOR A DISTANCE OF 543.51 FEET TO A POINT ON THE BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING; THENCE LEAVING SAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION RUN NO 1 DEGREES 56'00"W ALONG SAID BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING FOR A DISTANCE OF 370 FEET; THENCE RUN N 88 DEGREES 3T00" E ALONG SAID BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING FOR A DISTANCE OF 543.51 FEET TO THE AFORESAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION;THENCE LEAVING SAID BOUNDARY LINE OF SKYVIEW SOUTH FIRST FILING RUN S 01 DEGREES 56'00" E ALONG SAID BOUNDARY LINE OF TIMAN FIRST ANNEXATION FOR A DISTANCE OF 370 FEET TO THE POINT OF BEGINNING. CONTAINING 4.62 ACRES,MORE OR LESS WHICH HAS AN ADDRESS OF 320 WEST TRILBY ROAD, FORT COLLINS, COLORADO 80525. 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. Section3. Thatthe CityEngineeris 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 January, A.D. 2003, and to be presented for final passage on the 4th day of February, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of February, A.D. 2003. Mayor ATTEST: City Clerk ■1 l_ �--. t CIO AM IN �:��► �I1111�1� •° ,o�O 001' ■ . i�`jd��11��1 ��1■i�.' ■ .. »1l1�� 11�■■-W . 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