HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/05/2001 - ITEMS RELATING TO THE ARBOR SOUTH ANNEXATION 7-
AGENDA ITEM SUMMARY ITEM NUMBER: 14A-C
DATE: June 5, 2001
FORT COLLINS CITY COUNCIL FROM: Ted Shepard
SUBJECT :
Items Relating to the Arbor South Annexation.
RECOMMENDATION:
-Staff recommends adoption of the Resolution and the Ordinance on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 2001-73 Setting Forth Findings of Fact and Determinations Regarding the Arbor
South Annexation.
B. Hearing and First Reading of Ordinance No. 100, 2001, Annexing Property Known as the
Arbor South Annexation to the City of Fort Collins, Colorado.
C. Hearing and First Reading of Ordinance No. 101, 2001, Amending the Zoning Map of the
City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Arbor
South Annexation to the City of Fort Collins, Colorado.
This is a 100% voluntary annexation and zoning of a property approximately 11.26 acres in size.
The site is located on the west side of South College Avenue,east of the Burlington Northern Santa
Fe Railroad tracks, approximately one-half mile south of Harmony Road. The property is former
Fossil Creek Nursery and is presently vacant.
The proposed zoning is C, Commercial. This will match the existing zoning on the north, east and
south sides of the property. Contiguity with the existing municipal boundary is gained along the
north, east and south sides of the property as well.
BACKGROUND:
The property is located within the Urban Growth Area. According to the policies and agreements
between the City of Fort Collins and Latimer County contained in the INTERGOVERNMENTAL
AGREEMENT FOR THE CITY OF 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. The property gains contiguity by the following parcels:
N: Spradley-Barr Annexation
E: Fairway Estates Business Annexation
DATE: June .),
ITEM NUMBER: 14 A-C
S: McClanahan First Annexation
The parcel gains the necessary one-sixth contiguity along the north, east and a small portion of the
south property lines. Of the total perimeter boundary,the parcel has 47.54%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 - Growth
Management Area and is eligible for annexation.
The surrounding zoning and land uses are as follows:
N: C, Commercial; Spradley—Barr Auto and Truck Dealership
S: C, Commercial; Existing Retail
E: C, Commercial; Existing Retail and Office
W: T,Tourist(County); Vacant
Zoning:
The proposed zoning for the Arbor South Annexation is C, Commercial. The Commercial district
is intended to be a setting for a wide range of community and regional retail uses, offices and
personal and business services. Secondarily, it can accommodate a wide range of other uses
including creative forms of housing. While some Commercial District areas may continue to meet
the need for auto-related and other auto-oriented uses, it is the City's intent that the Commercial
District emphasize safe and convenient personal mobility in many forms,with planning and design
that accommodates pedestrians.
The requested zoning of C, Commercial complies with City Plan and Structure Plan and matches
the existing zoning to the north, east and south.
Sub-area Plan—Mason Street Corridor:
In August of 2000, Council adopted the Mason Street Transportation Corridor Master Plan. The
Corridor is a five mile long north-south area along the Burlington Northern Santa Fe railroad which
extends from Cherry Street on the north to Harmony Road on the south.
As a transportation corridor,the intention is to enhance opportunities for pedestrians,bicyclists and
transit riders along its length. Development adjacent to the Corridor is expected consider the
findings ofthe Master Plan and be sensitive to orientation and connectivity to meet the transportation
goals and opportunities for multi-modal travel. The applicant is aware of the parameters of the
Corridor Plan.
Findings:
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 recently amended Intergovernmental Agreement-
Growth Management Area.
The parcel meets all criteria included in State law to qualify for annexation by the City of Fort
Collins.
DATE: June 5,2001 3 ITEM NUMBER: 14 A-C
The requested zone district,C,Commercial,is in conformance with the City's Comprehensive Plan
(City Plan) and the City Structure Plan.
On January 16,2001,City Council adopted a Resolution which accepts the annexation petition and
determines that the petition is in compliance with State law.
The annexation has 47.54% of its perimeter boundary contiguous with existing city limits which
exceeds the required one-sixth as mandated by State law. Further, the parcel is found to have a
community of interest with the City and the parcel is expected to urbanize shortly.
The annexation is not located within the Residential Neighborhood Sign District.
Planning and Zoning Board Recommendation:
The Planning and Zoning Board voted 6-0 to recommend to City Council adoption of the Arbor
South Annexation and Zoning at its regular meeting of February 1, 2001.
• RESOLUTION 2001-73
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE ARBOR SOUTH ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Arbor South 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 Arbor
South 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 June, A.D. 2001.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 100, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
ARBOR SOUTH ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2001-39, 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 LYING IN THE NORTHEAST 1/4 OF SECTION 2,TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,LARIMER COUNTY, COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ASSUMING T14E EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6
NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDAN, LARIMER COUNTY,
COLORADO BEARS S 00'47'00"W WITH ALL BEARINGS HEREIN RELATIVE THERETO.
COMMENCE AT THE NORTHEAST CORNER OF SECTION 2,TOWNSHIP 6 NORTH,RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN THENCE RUN S 00'47'00" W ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN FOR A DISTANCE OF 1445.83 FEET;THENCE
LEAVING SAID EAST LINE RUN N 88'52'00" W FOR A DISTANCE OF 47.36 FEET TO A
POINT ON THE WEST RIGHT OF WAY ON U.S.HIGHWAY#287 SAID POINT ALSO BEING
THE POINT OF BEGINNING;THENCE RUN S 00*5 F26" W ALONG SAID WEST RIGHT OF
WAY FOR A DISTANCE OF 485.66 FEET;THENCE LEAVING SAID WEST RIGHT OF WAY
RUN S 87'58'53"W FOR A DISTANCE OF 613.06 FEET;THENCE RUN S 01'10'45"W FOR A
DISTANCE OF 112.05 FEET TO A POINT ON THE NORTH LINE OF MCCLANAHAN FIRST
ANNEXATION SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY OF FOSSIL
BOULEVARD; THENCE RUN N 88'55'26"W ALONG SAIDNORTH LINE FOR A DISTANCE
OF 54.05 FEET TO A POINT ON THE WEST RIGHT OF WAY OF FOSSIL BOULEVARD;
THENCE LEAVING SAID NORTH LINE RUN N 01'10'20"E FOR A DISTANCE OF 29.91 FEET;
THENCE RUN N 88'44'34"W FOR A DISTANCE OF 246.66 FEET TO A POINT ON THE WEST
RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD; THENCE RUN N
00'53'00"E ALONG SAID WEST RIGHT OF WAY FOR A DISTANCE OF 600.98 FEET TO A
POINT ON THE SOUTH LINE OF SPRADLEY BARR ANNEXATION; THENCE LEAVING
SAID WEST RIGHT OF WAY RUN S 88'52'00" E ALONG SAID SOUTH LINE FOR A
DISTANCE OF 913.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 11.255 ACRES MORE OR LESS AND BEING SUBJECT TO ALL EASEMENTS
AND RIGHTS OF WAY OF RECORD.
be,and hereby is,annexed to the City of Fort Collins and made a part of said City,to be known as
the Arbor South 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 June,
A.D. 2001, and to be presented for final passage on the 19th day of June,A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of June,A.D. 2001.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 101, 2001
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 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 Arbor South Annexation to the City of Fort Collins,
Colorado, in the Commercial Zone District(C) Zone District,which property is more particularly
described as situate in the County of Larimer, State of Colorado, to wit:
A TRACT OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 2,TOWNSHIP 6 NORTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,LARIMER COUNTY,COLORADO
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ASSUMING THE EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6
NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDAN, LARIMER COUNTY,
COLORADO BEARS S 00*47100"W WITH ALL BEARINGS HEREIN RELATIVE THERETO.
COMMENCE AT THE NORTHEAST CORNER OF SECTION 2,TOWNSHIP 6 NORTH,RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN THENCE RUN S 00'47'00" W ALONG THE
EAST LINE OF THE NORTHEAST 1/4 OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69
WEST OF THE 6TH PRINCIPAL MERIDIAN FOR A DISTANCE OF 1445.83 FEET; THENCE
LEAVING SAID EAST LINE RUN N 88'52'00" W FOR A DISTANCE OF 47.36 FEET TO A
POINT ON THE WEST RIGHT OF WAY ON U.S.HIGHWAY#287 SAID POINT ALSO BEING
THE POINT OF BEGINNING;THENCE RUN S 00'51'26"W ALONG SAID WEST RIGHT OF
WAY FOR A DISTANCE OF 485.66 FEET;THENCE LEAVING SAID WEST RIGHT OF WAY
RUN S 87'58'53"W FOR A DISTANCE OF 613.06 FEET;THENCE RUN S 01'10'45"W FOR A
DISTANCE OF 112.05 FEET TO A POINT ON THE NORTH LINE OF MCCLANA14AN FIRST
ANNEXATION SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY OF FOSSIL
BOULEVARD;THENCE RUN N 88'55'26"W ALONG SAID NORTH LINE FOR A DISTANCE
OF 54.05 FEET TO A POINT ON THE WEST RIGHT OF WAY OF FOSSIL BOULEVARD;
THENCE LEAVING SAIDNORTH LINE RUN N Ol'10'20"E FORA DISTANCE OF 29.91 FEET;
THENCE RUN N 88*44*34"W FORA DISTANCE OF 246.66 FEET TO A POINT ON THE WEST
RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD; THENCE RUN N
00'53'00"E ALONG SAID WEST RIGHT OF WAY FOR A DISTANCE OF 600.98 FEET TO A
POINT ON THE SOUTH LINE OF SPRADLEY BARR ANNEXATION; THENCE LEAVING
SAID WEST RIGHT OF WAY RUN S 88'52'00" E ALONG SAID SOUTH LINE FOR A
DISTANCE OF 913.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 11.255 ACRES MORE OR LESS AND BEING SUBJECT TO ALL EASEMENTS
AND RIGHTS OF WAY OF RECORD.
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 June,
A.D. 2001, and to be presented for final passage on the 19th day of June, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 19th day of June, A.D. 2001.
Mayor
ATTEST:
City Clerk