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HomeMy WebLinkAboutINTERCHANGE BUSINESS PARK 1ST - ANNEXATION & ZONING - 35-05 - REPORTS - SECOND READINGTHENCE S 560 21' 04" W 562.79 FEET; THENCE, S 64' 59' 48" W 27.24 FEET; THENCE, N 82' 33' 29" W 431.56 FEET; THENCE, N 41' 00' 17" W 35.26 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE SOUTHEAST FRONTAGE ROAD AT A POINT ON A CURVE CONCAVE TO THE SOUTHEAST, A .LENGTH .OF 304.33 FEET WITH A CENTRAL ANGLE OF 480 34' 12" A RADIUS OF 359.00 FEET AND A CHORD WHICH BEARS S 24' 36' 06" W 295.30 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 15.55 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 not included in the. Residential.Neighborhood Sign District. Section 3. That the City Manager is herebyauthorized and directed to amend said Zoning Map in accordance with this Ordinance. - , , 1 , ; � , 1 Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D. 2005, and to be presented for final passage -on the 20th day of December, A.D. 2005. ®I �. ATTEST: _'6A. .1 City Clerk Passed and adopted on final reading this 20th day. of December„ A.D._2005.... Mayor-.-., ATTEST: City Clerk ORDINANCE NO. 1156, 2005- ' 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 INTERCHANGE BUSINESS PARK FIRST 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 Coancil 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 Cityof Fort Collins is hereby changed and amended by including the property known as the Interchange Business Pads First Annexation to the City of Fort Collins, Colorado, in the Commercial (C) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING S 00' 19' 37" W WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 15 THENCE S 00' 19' 37" W 1083.79 FEET; THENCE, S 89' 4V 58" E 60.20 FEET TO A POINT ON THE WESTERLY LINE OF INTERCHANGE BUSINESS PARK SUBDIVISION; CONTINUING, S 89' 40' 58" E 8.69 FEET; THENCE S 00' 19' 20" W 451.78 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 00' 19' 20" W 132.53 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE LEE M.L.D.; THENCE, S 89' 40' 58" E 280.01 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE STATE HIGHWAY l4-EAST FRONTAGE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; CONTINUING, S 89' 40' 58" E 877. l5 FEET; THENCE, N 32' 15' 02" E 688.50 FEET; THENCE, S 89' 40' 58" E 362.73 FEET; THENCE, N 54' 46' 43" W 276.81 FEET; THENCE, S 81' IT 56" W 600.20 FEET; is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Interchange Business Park First 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 l5th day of November, A.D. 2005, and to be presented for final passage on the 20th day of December, A.D. 2005. , ;Mayo ATTEST: City Clerk Passed and adopted on final reading this 20th.day.ofDeceinbec; A-D. 2005.' Mayor .. - ATTEST: City Clerk _ .. _. _ .... .. ...... : ....... ORDINANCE NO. 149, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE INTERCHANGE BUSINESS PARK FIRST ANNEXATION TO THE CITY OF FORT!COLLINS, COLORADO WHEREAS, Resolution 2005-117, 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: 1 Section 1. That the following described property, to wit: CONSIDERING THE WEST LINE OF' THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING S 110` 19''37" W WrrH ALL BEARINGS HEREIN RELATIVE THERETO. "' ' "" . ' COMMENCING AT THE NORTHWEST CORNER' -OF SAID SECTION 15 THENCE S 00' 19' 37" W 1083.79 FEET; THENCE, S 896'40' 58" E'60.20.FEET TO A POINT ON THE WESTERLY LINE OF INTERCHANGE BUSINESS PARK SUBDIVISION; CONTINUING, S 89' 40' 58"'E869 FEET; THENCE"S 00' 19' 20" W 451.78 FEET ALONG SAID WESTERLY LINE TO THE' TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTINUING, S 00' 19' 20" W 132.53 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE LEE M.L.D.; THENCE,, S, 89;,40' 58 i E .290.O1,FEET,ALONG • SAID „ NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE STATE NIGH WAY 14--EAST FRONTAGE ROAD ANNEXATION TO THE CITY OF FORT COLLINS; CONTINUING, S 89' 40' 58" E 877.15 FEET; THENCE, N 32- 15' 02" E 688.50 FEET; THENCE, S 89' 40' 58" E 362.73 FEET; THENCE, N 54' 46' 43" W 276.81 FEET; THENCE, S 81' 12' 56" W 600.20 FEET; THENCE S 56' 21' 04" W 562.79 FEET; THENCE, S 64' 59' 48" W 27.24 FEET; THENCE, N 82' 33' 29" W 431.56 FEET; THENCE, N 41' 00' 17" W 35.26 FEET TO A POINT OF INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE SOUTHEAST FRONTAGE ROAD AT A POINT ON A CURVE CONCAVE TO THE SOUTHEAST A LENGTH OF 304.33 FEET WITH A CENTRAL ANGLE OF 48' 34' 12" A RADIUS OF 359.00 FEET AND A CHORD WHICH BEARS S 24' 36' 06" W 295.30 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 15.55 ACRES MORE OR LESS. November 15, 2005 -5- Item No. 22 Findings of Fact/Conclusion: In evaluating the request for dpintech us' FAnnexation and Zoning, staff makes the following findings fact: VV 1. The annexation of this p lis co isteat wF e pol' and agreements between Latimer County and the City of Fort- Collins, as contained 'in' the amended INTERGOVERNMENTAL AGREEMENT -GROWTH MANAGEMENT AREA. 2. The parcel is the first in a series of three- and -meets all criteria' included in State law to qualify for annexation by the City of Fort Collins. 3. The requested zone district, C, Commercial, is in conformance with the City's Comprehensive Plan (1-25 Sub Area Plan) and the City Structure Plan Map. 4. In accordance with the Annexation Agreement, the City -of Fort Collins has been duly authorized and designated to proceed'with.the-annexation. 5. On September 20, 2005, City Council approved the Resolution which accepted the annexation petition and n th ?6:Bo in mpliance with State law. 6. For the Planning andkning B' h'oept bet 15; 2005, written notice was provided to affectedparty o .a agenda was published in the Coloradoan on September 8, 2005. Notification for Council's Fast Reading of the annexation and zoning was also published in the Coloradoan. These notification procedures comply with the Land Use Code and State Statutes. Planning and Zoning Board Reconuriendation:. i. On September 15, 2005, the Planning and2oning-Boarrd'voted-7 - 0 to recommend:annezation into° the municipal boundary, placement into the:C,,,Commercial, zone district. November 15, 2005 4- - Item No. 22 B. Commercial Zoning r n i t t n • ; n .: r r1 , T • i �...,1 y - . The I-25 Sub Area Plan calls land uses,.within..designated commercial corridors. The Pl�gp stDeW �Ny �' ,��I� if'" l "The Commercial Corridbrs,eliss intended to provide for a wide range of community and regional retail uses, as well as offices, business and personal services. The majority of Commercial Corridor areas-, near the 1-25 /Mulberry Street interchange are, for the most part, undeveloped • While this classification is typically ' the location for highway business and auto -related uses, it also presents opportunities_ over time to transform existing developed• areas into mixed=use• (including residential), multi -modal centers.- concurring.:with the. overall vision for Fort Collins." The entire area contained within the annexation is located within one-half mile of East Mulberry Street and one -quarter mile of I-25. The parcel is under development as approved -in Larimer County. Therefore, City staff recommends C; Commercial.zoning in conformance with the I-25 Sub Area Plan. C. Boxelder Creek, ,�., , -; ; The Sub Area Plan identifies(11 00- fl 1• "'" oBoith Creek as a valuable open land amenity within the corridor.elddr rth-ta on the east side of the subject parcel and is contained within the boundary of the .annexation. :. Compliance with State Law: As mentioned, the annexation has 16.97% of its'perimeter boundary contiguous with existing City limits which exceeds the required one -sixth as mandated by State law. The parcel is found to have a community of interest with the City. The parcel is thefirst in aiseries of three that wilf ultimately' , result in the annexation of 62.33 acres. Annexation.in a series is permitted.under State'Statutes. Finally, the parcel is in the process of, developing in an, urbanized manner consistent with the development pattern of the City. Notice: For the Planning and Zoning B e 2 written notice was provided to the affected property owners in 5 eet o dsive of public right-of-way, as well as the property owners wi in the a exati rs inclu d mailings to 479 property owners of record. In addition, the agen the Zoni hearing was published in the Coloradoan on September 8, 2005. For the consideration of First Reading by City Council, notice was provided by the City Clerk's Office to the Coloradoan after the Initiating Resolution of September 20, 2005. Such notice ran for four consecutive Sundays following the Initiating Resolution. The notification protocol for both Planning and Zoning and City Council First Reading complies with requirements of the Land Use Code and State Statutes. November 15, 2005 . .3-;- Item No. 22 One of the stated intents of the AGREEMENT is to'havd-urban-developmeilt"bccur Within the City in order that the provision of urban level, services -by:ft'County would-be minimized..' This is a- 100% voluntary annexation. The parcel 1s.notan enclave.-On.September-20,2005,.City Council_ approved a Resolution whift ri4.-,nx h, tablished that the petition is in compliance with State st Annexation Agreement: On July 19, 2001, Mr. James R. Mokler;-developer of-the'Interchange BusiTiess-Park, entered into a voluntary Annexation Agreement griantingAe,r—ity-of. Fort; Collins. the..ability to annex the Interchange Business Park project. The -property -will gain the necessary one -sixth contiguity by the annexation of State Highway 14 — East., Frontage Road Annexation: Mr. Mokler.is aware that the City of Fort Collins is proceeding with the annexation under the terms of the Agreement. Zoning: The proposed zoning for the subject annexation. is_-C,tCormn&rciaI.- This district is intended to be a setting for development, redevelopment and infill of 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 au h#ed#ndother t n te& es, it is the city's intent that the 'e, fi.lx I-Y",-ill Commercial District emp i afe rive t a] lity in many forms, with planning and design that accomm stria. The requested zoning of C, Commercial; cornplies,with theil-25. Sub Area Plan.' Consistency With City Plan and 1-25 Sub Area Plan: A. City Plan Principles and Policies As mentioned, the parcel is contained within the 1-25'Sub' Area Plan. This sub -area plan is a component of the 1-25 Regional Communities Corridor -Plan Which Wak adopted by.the City Council in November of 2001. The 1-25 Sub Area Plan was adopted on August 19, 2003. City Plan Principle LU4 states: "More specific subarea planning efforts will follow adoption of these City Plan Principles and Policies P 0 rspective to individual neighborhoods, distric co City Plan Policy LU4.5 states: "The following areas have been identified as priority for future subarea planning: • 1-25 Corridor • Mountain Vista • East Mulberry • Fossil Creek Reservoir Area November 15, 2005 -2- Item No. 22 The parcel gains the necessary one -sixth contiguity along a portion of the south property line. This contiguity is contingent upon thei annexation of the State Highway '14 '- East Frontage Road Annexation which was approved by City Council on first reading on August 16, 2005 and scheduled ' for second reading on Novembe- t!"� undary, the parcel has 16.97% contiguity with the city limits �euilal ui um of 16.66% (one -sixth). The parcel, therefore, complies wi a f VERNMENTALAGREEMENT - GROWTH MANAGEMENT%R&A afl@6is4lisible for anndhation. This is a 100916 voluntary annexation for a property located within the Growth Management Area. 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, Commercial, is in compliance with the City's Comprehensive Plan, Structure Plan Map and the I-25 Sub Area Plan. The subject parcel was legally divided in the County and platted as Interchange Business Park. The Initiating Resolution was considered by City Council on September 20, 2005 and approved. On September 15, 2005, the P & Z Board voted 7 - 0 to annex the property and to place into the C, Commercial, zone district. Consistency with Existing Policies: According to the policies and m � a ity rt.Collins and.Larimer. County,.. - . .. _.... - contained in the amended (N mber , 2 GO NMENTAL AGREEMENTS - GROWTH MANAGEMENT {IG, Ci will o consider for annexation property in the U.G.M.A. when such property is.eligible'forannexation according to State law. According to Section 8A of the IGA, as amended: . "It is the City's intent to annex properties within the GMA as expeditiously as possible consistent with the tents 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 ate eligible for voluntary annexation pursuitato the provisions of Title 31, Article 12 Colorado Revised.Statutes.."..__ ......... ... _ ......:. ............. .. .... The surrounding zoning and land uses are as follows: N: County- C Commercial and FA-1 Farming; Partially developed area with a mix of existing residential, commercial and vacant ground; S: County - FA-1 Farmin t Iii ry - East Frontage Road Annexation - Lots One and Two, nor d Di E: County - R-1 Residen ; Exis resi n ate a Subdivision); W: county - C Commerci 'ngInmal erci auto -related uses. The parcel gains the necessary one -sixth contiguity along a portion of the south property line. Of the total perimeter boundary, the parcel has 16.97% contiguity with the City limits. This 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. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT - ITEM NUMBER: 22 DATE: November 15, 2005 STAFF: Ted Shepard Items Relating to the Interchange Business Park First Annexation and Zoning. RECOMMENDATION Staff recommends approval of the Resolution and the Ordinances on First Reading. A. Public Hearing and Resolution 2005-117 Setting Forth Findings of Fact and Determinations Regarding the Interchange Business Park First Annexation. Nuai in.�`. 'IPnmuyn ^•� nnpYll "L.. B. First Reading of Ordi ce Nc�. , 9, 2 nr�itin perty Known as the Interchange Business Park First An xation. �':t f; �INlhuu,rrr ... ..:.a ;d ..ili... ..H., .i.. C. First Reading of Ordinance No. 150, 2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Interchange Business Park First Annexation. This is a 100% voluntary annexation and zoning of a'property approximately 15.55 acres in size. The site is located on the east side of the I-25 East Frontage Road south of State Highway 14 (East Mulberry Street). Contiguity with the existing municipal boundary is gained along a portion of the southern boundary which is shared with the north property line of the State Highway 14 — East Frontage Road (35.86 acres). The recommended zoning is C. Commercial, which is in conformance with the I-25 Sub Area Plan. This annexation is the first in a series of three that will cumulatively result in the annexation of 62.33 acres. BACKGROUND The property is located withi1RtkLgrvA0. n ment A . According to the policies and agreements between the City of Fort 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. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 13 DATE: December 20, 2005 STAFF: Ted Shepard Items Relating to the Interchange Business Park First Annexation and Zoning. RECOMMENDATION Staff recommends approval of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 149,2005, Annexing Property Known as the Interchange Business Park First Annexation. B. Second Reading of Ordinance No. 150,2005, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Interchange Business Park First Annexation. This is a 100% voluntary annexation and zoning of a property approximately 15.55 acres in size. The site is located on the east side of the I-25 East Frontage Road south of State Highway 14 (East Mulberry Street). Contiguity with the existing municipal boundary is gained along a portion of the southern boundary which is shared with the north property line of the State Highway 14 — East Frontage Road (35.86 acres). The recommended zoning is C, Commercial, which is in conformance with the I-25 Sub Area Plan. This annexation is the first in a series of three that will cumulatively result in the annexation of 62.33 acres. Ordinances Nos.149 and 150, 2005, were unanimously adopted on First Reading on November 15, 2005.