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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2002 - ITEMS RELATING TO THE FRONT RANGE ANNEXATION AGENDA ITEM SUMMARY ITEM NUMBER: 26 A-C FORT COLLINS CITY COUNCIL DATE: February 5, 2002FROM: Steve Olt SUBJECT : Items Relating to the Front Range Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 2002-01 l Setting Forth Findings of Fact and Determinations Regarding the Front Range Annexation. B. Hearing and First Reading of Ordinance No. 023, 2002, Annexing Property Known as the Front Range Annexation to the City of Fort Collins. Colorado. C. Hearing and First Reading of Ordinance No. 024, 2002, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Front Range Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 4.84 acres located at the northwest corner of State Highway 287 (South College Avenue) and Trilby Road. The property is currently functioning as the High Country Pools commercial operation. It is in the C — Commercial Zoning District in Larimer County. The requested zoning for this annexation is NC — Neighborhood Commercial. The surrounding properties are currently zoned C - Commercial in Latimer County to the south and east and NC — Neighborhood Commercial in the City to the west and the north. This is a 100% voluntary annexation. Staff is recommending that this property be excluded from the Residential Neighborhood Sign District. A map amendment will be necessary to place this property on the Residential Neighborhood Sign District Map as an area not in the Sign District. APPLICANT: BHA design c/o Bruce Hendee 4803 Innovation Drive Fort Collins, Colorado 80525 DATE: February 2 ITEM NUMBER: 26 A-C OWNER: Front Range/Limited Partnership c/o Jeffrey B. Timan 4270 North Campbell Avenue, Unit M Tucson, Arizona 85718 BACKGROUND: The applicant, BHA design, on behalf of the property owners, Front Range Limited Partnership, has submitted a written petition requesting annexation of 4.84 acres located at the northwest corner of State Highway 287 (South College Avenue) and Trilby Road. The property is currently functioning as the High Country Pools commercial operation. It is in the C — Commercial Zoning District in Latimer County. The requested zoning for this annexation is NC — Neighborhood Commercial. The surrounding properties are currently zoned C - Commercial in Larimer County to the south and east and NC — Neighborhood Commercial in the City to the west and the north. This is a 100% voluntary annexation. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Latimer County contained in the Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to consider annexation of property in the UGA when the property is eligible for annexation according to State law. This property complies with State regulations by meeting the requirement for 1/6 contiguity to existing City limits. This occurs through common boundaries with the Timan First Annexation (May 23, 1988) to the west and the north. The surrounding zoning and land uses are as follows: N: NC; currently undeveloped E: C in Latimer County; existing commercial S: C in Latimer County; various existing businesses W: NC; existing farmstead The requested zoning for this annexation is the NC — Neighborhood 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 Neighborhood Commercial zoning is appropriate in this location. Staff is recommending that this property be excluded from the Residential Neighborhood Sign District, which was established for the purpose of regulating signs for non-residential uses in certain geographical areas of the City which may be particularly affected by such signs because of their predominantly residential use and character. A map amendment will be necessary to place this property on the Residential Neighborhood Sign District Map as an area not in the Sign District. Findings: 1. 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 Aareement for the Fort Collins Urban Growth Area. DATE: February 5, 2002 1 3 ITEM NUMBER: 26 A-C 2. The area meets the eligibility requirements included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On December 18, 2001, the City Council approved a Resolution which accepted the annexation petition and determined that the petition was in compliance with State law. The Resolution also initiated the annexation process for the property by establishing the date, time and place when a public hearing would be held regarding the readings of the Ordinances annexing and zoning the area. 4. The requested NC — Neighborhood Commercial Zoning District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends adoption of the annexation and requested zoning. Staff is recommending that this property be excluded from the Residential Neighborhood Sign District. A map amendment will be necessary to place this property on the Residential Neighborhood Sign District Map as an area not in the Sign District. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board will conduct a public hearing on the annexation and zoning request at its regular monthly meeting on February 7, 2002, and will make its recommendation at lipthat time. The Board's recommendation will be forwarded to the City Council in time for Second Reading of the annexation and zoning ordinances. RESOLUTION 2002-011 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE FRONT RANGE ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Front Range 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 Front Range 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 5th day of February, A.D. 2002. Mayor Pro Tern ATTEST: City Clerk ORDINANCE NO. 023, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FRONT RANGE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS,Resolution 2001-172 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: PARCEL I: ONE SQUARE ACRE IN THE SOUTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF SECTION 1 l,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH P.M.,LARIMER COUNTY,COLORADO,EXCEPT THAT PORTION CONVEYED TO THE STATE HIGHWAY DEPARTMENT IN DEED RECORDED DECEMBER 10, 1957 IN BOOK 1057 AT PAGE 546.COUNTY OF LARIMER, STATE OF COLORADO. PARCEL 2 A PARCEL OF LAND SITUATE IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH BEGINS AT THE SOUTHEAST CORNER OF SAID SECTION 11 AND RUNS THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 420.00 FEET; THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 501.00 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 420 FEET TO THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER; THENCE SOUTH ALONG SAID EAST LINE OF THE SOUTHEAST ONE- QUARTER A DISTANCE OF 501.00 FEET TO THE POINT OF BEGINNING. EXCEPT ONE SQUARE ACRE IN THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER AS CONTAINED IN DEED RECORDED NOVEMBER 30, 1979 IN BOOK 2008 AT PAGE 475, AND ALSO EXCEPT A STRIP OF LAND CONVEYED IN DEED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO,RECORDED DECEMBER 10, 1958,IN BOOK 1082 AT PAGE 539, OF THE LARIMER COUNTY, COLORADO RECORDS. COUNTY OF LARIMER, STATE OF COLORADO. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Front Range 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 5th day of February,A.D. 2002, and to be presented for final passage on the 19th day of February,A.D. 2002. Mayor Pro Tern ATTEST: City Clerk Passed and adopted on final reading this 19th day of February, A.D. 2002. Mayor ATTEST: City Clerk 2 ORDINANCE NO. 024, 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 FRONT RANGE 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 Front Range Annexation to the City of Fort Collins, Colorado,in the Neighborhood Commercial(NC)Zone District,which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: PARCEL I: ONE SQUARE ACRE IN THE SOUTHEAST CORNER OF THE SOUTHEAST ONE-QUARTER OF SECTION 11,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH P.M.,LARIMER COUNTY,COLORADO,EXCEPT THAT PORTION CONVEYED TO THE STATE HIGHWAY DEPARTMENT IN DEED RECORDED DECEMBER 10, 1957 IN BOOK 1057 AT PAGE 546.COUNTY OF LARIMER, STATE OF COLORADO. PARCEL2 A PARCEL OF LAND SITUATE IN THE SOUTHEAST ONE-QUARTER OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH BEGINS AT THE SOUTHEAST CORNER OF SAID SECTION 11 AND RUNS THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 420.00 FEET; • THENCE NORTH PARALLEL TO THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 501.00 FEET; THENCE EAST PARALLEL TO THE SOUTH LINE OF SAID SOUTHEAST ONE-QUARTER A DISTANCE OF 420 FEET TO THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER; THENCE SOUTH ALONG SAID EAST LINE OF THE SOUTHEAST ONE- QUARTER A DISTANCE OF 501.00 FEET TO THE POINT OF BEGINNING. EXCEPT ONE SQUARE ACRE IN THE SOUTHEAST CORNER OF SAID SOUTHEAST ONE-QUARTER AS CONTAINED IN DEED RECORDED NOVEMBER 30, 1979 IN BOOK 2008 AT PAGE 475, AND ALSO EXCEPT A STRIP OF LAND CONVEYED IN DEED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO, RECORDED DECEMBER 10, 1958, IN BOOK 1082 AT PAGE 539, OF THE LARIMER COUNTY, COLORADO RECORDS. COUNTY OF LARIMER, STATE OF COLORADO. 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 5th day of February, A.D. 2002, and to be presented for final passage on the 19th day of February, A.D. 2002. 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