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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/16/2002 - ITEMS RELATING TO THE WHITHAM FARMS LLC ANNEXATION AGENDA ITEM SUMMARY ITEM NUMBER: 24 A-C FORT COLLINS CITY COUNCIL DATE: July 16, 2002FROM: Bob Barkeen SUBJECT : Items Relating to the Whitham Farms LLC Annexation. RECOMMENDATION: Staff and the Planning and Zoning Board recommends adoption of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Hearing and Resolution 2002-067 Setting Forth Findings of Fact and Determinations Regarding the Whitham Farms LLC Annexation. lip B. First Reading of Ordinance No. 105, 2002, Annexing Property Known as the Whitham Farms LLC Annexation. C. First Reading of Ordinance No. 106, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Whitham Farms LLC Annexation to the City of Fort Collins, Colorado. The Whitham Farms LLC Annexation is 20.04 acres in size, located east of Timberline Drive, between East Vine Drive and Mulberry Street. The parcel is contiguous to existing City boundaries by the Buderus First and Second Annexations. The recommended zoning is Transition (T). The parcel is currently vacant, and is used for agriculture. BACKGROUND: This property is eligible for annexation according to the Colorado Annexation Act, which requires 1/6 contiguity to the existing city limits. The Whitham Farms LLC Annexation complies with this standard since the property has 2,642 feet of its total boundary of approximately 3,965 feet contiguous to the existing city limits. This meets the minimum 661 feet required to achieve 1/6 contiguity. This contiguity occurs through a common boundary with the Buderus First and Second Annexations along the east, north and west property boundaries. 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 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. DATE: July ITEM NUMBER: 24 The property is currently zoned Industrial (I) District in Larimer County. The City's adopted Structure Plan, a part of City Plan, designates the site as Low Density, Mixed-Use Residential. The City and Latimer County are currently developing a new land use plan for the East Mulberry Corridor. This plan is currently in the development phase, and is expected to begin the adoption phase later this year. This property is included within the study area. Staff is recommending this parcel be zoned Transition until the East Mulberry Corridor Plan is complete and adopted by the Latimer County Commissioners and the Fort Collins City Council. The Planning and Zoning Board Hearing The Planning and Zoning Board considered the Whitham Farms LLC Annexation at its June 20, 2002 Meeting. The Board recommended approval of the annexation and zoning by a vote of 6-0. The item was considered on the consent agenda. RESOLUTION 2002-067 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE WHITHAM FARMS LLC ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Whitham Farms LLC 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 Whitham Farms LLC 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 16th day of July, A.D. 2002. Mayor ATTEST: • City Clerk • ORDINANCE NO. 105, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE WHITHAM FARMS LLC ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2002-058,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 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., COUNTY OF LARIMER, STATE OF COLORADO,WHICH,CONSIDERING THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9 AS BEARING S89"14'12"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT . A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9 WHICH BEARS S 89'14'12"E 661.47 FEET FROM THE WEST 1/4 CORNER OF SAID SECTION 9,AND RUN THENCE N00°02'57W 660.95 FEET; THENCE S89"09'58"E 1322.23 FEET; THENCE S00'06'44"E 659.33 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9;THENCE ALONG SAID SOUTH LINE N89"14'12"W 1322.93 FEET TO THE POINT OF BEGINNING,CONTAINING 20.0410 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 Whitham Farms LLC 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 Latimer 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 16th day of July, A.D. 2002, and to be presented for final passage on the 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk 2 • ORDINANCE NO. 106, 2002 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 WHITHAM FARMS LLC 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 Whitham Farms LLC Annexation to the City of Fort Collins, Colorado, in the Transition (T) 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 NORTHWEST 1/4 OF SECTION 9, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M., COUNTY OF LARIMER, STATE OF COLORADO,WHICH,CONSIDERING THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9 AS BEARING S89°14'12"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON THE SOUTH LINE OF THE NORTHWEST I/4 OF SAID SECTION 9 WHICH BEARS S89°14'l2"E 661.47 FEET FROM THE WEST 1/4 CORNER OF SAID SECTION 9,AND RUN THENCE N00°02'57"W 660.95 FEET; THENCE S89°09'58"E 1322.23 FEET; THENCE S00°06'44"E 659.33 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9;THENCE ALONG SAID SOUTH LINE N89°14'l2"W 1322.93 FEET TO THE POINT OF BEGINNING,CONTAINING 20.0410 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 16th day of July, A.D. 2002, and to be presented for final passage on the 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of August, A.D. 2002. Mayor ATTEST: City Clerk A MMN LMN _ M F m .5 T +y1 i i f' Cli OWE R i BNRR T J i T CITY &HIND ERE I�ARVESTIER S -_.. 1 L� R ,j ��- WEICK R DR WH -AI LAN. -S-T, m� � d _ � O O O � LL- gn 05/16/02 #24-02 Whitham Farm Annexation " Type 11 (LUC) 1" = 1500'