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HomeMy WebLinkAboutARBOR SOUTH SECOND ANNEXATION (CITY INITIATED ENCLAVE) - 38-00A - REPORTS - SECOND READINGTHENCE, N 88- 36' 55" W 613.00 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE ARBOR SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 00- 23' 05" E 112.29 FEET ALONG SAID SOUTHERLY LINE; THENCE, N 88- 07' 05" E 613.01 FEET CONTINUING ALONG SAID SOUTHERLY LINE TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID FAIRWAY ESTATES BUSINESS ANNEXATION AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 1.825 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 hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 2006, and to be presented for final passage on t th day of November, A.D. 2006. Mayo ATTEST: 1 X0191k %-! ma Passed and adopted on final reading on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk ORDINANCE NO. 167, 2006 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 SECOND 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 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 is hereby changed and amended by including the property known as the Arbor South Second 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 EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS BEARING N 00" 55' 05" E WITH ALL BEARING HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2 THENCE S 00° 55' 05" W 1931.20 FEET; THENCE, S 89' 04' 55" W 48.01 FEET TO THE NORTHEAST CORNER OF THE OF THE SUBJECT PROPERTY ALSO BEING A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE, S 01- 00' 05" W 147.22 FEET ALONG SAID WESTERLY LINE OF THE FAIRWAY ESTATES BUSINESS PARK ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE MC CLANAHN FIRST ANNEXATION TO THE CITY OF FORT COLLINS; is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the Arbor South Second 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 3745-136(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 17th day of October, A.D. 2006, and to be presented for final passage on th / day of November, . 2006. May ATTEST: MIN11's�. Passed and adopted on final reading on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk ORDINANCE NO. 166, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE ARBOR SOUTH SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 2006-093 stating the intent of the City to annex and initiating annexation proceedings for the Arbor South Second Annexation 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: CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN AS BEARING N 000 55' 05" E WITH ALL BEARING HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 2 THENCE S 00' 55' 05" W 1931.20 FEET; THENCE, S 89' 04' 55" W 48.01 FEET TO THE NORTHEAST CORNER OF THE OF THE SUBJECT PROPERTY ALSO BEING A POINT OF INTERSECTION WITH THE WESTERLY LINE OF THE FAIRWAY ESTATES BUSINESS ANNEXATION TO THE CITY OF FORT COLLINS AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION: THENCE, S 01- 00' 05" W 147.22 FEET ALONG SAID WESTERLY LINE OF THE FAIRWAY ESTATES BUSINESS PARK ANNEXATION TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE MC CLANAHN FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 88- 36' 55" W 613.00 FEET ALONG SAID NORTHERLY LINE TO A POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF THE ARBOR SOUTH FIRST ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 006 23' 05" E 112.29 FEET ALONG SAID SOUTHERLY LINE; THENCE, N 88- 07' 05" E 613.01 FEET CONTINUING ALONG SAID SOUTHERLY LINE TO AN INTERSECTION WITH THE WESTERLY LINE OF SAID FAIRWAY ESTATES BUSINESS ANNEXATION AND THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING 1.825 ACRES MORE OR LESS. October 17, 2006 4- Item No. 19 A-B PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning BoardCationl e mPeoardf'soansent f September 21, 2006, voted to recommend approval of the anne req n of the Board's Consent Agenda. The Planning and Zoning Board(as p of Agenda) to recommend that this property be excluded from the Residential Neighborhood Sign District. ■ October 17, 2006 -3- Item No. 19 A-B Although the proposed enclave annexation is an involuntary action, the property owner has been contacted and has not expressed an objection to the annexation. ow' o"I The surrounding zoning and lanuses as fo o N: C in City of Fort Collins; "nnde opedf75pertyy E: C in City of Fort Collins; existing commercial uses S: C in City of Fort Collins; existing commercial uses, undeveloped property W: C in City of Fort Collins; proposed Mason Street Corridor Multi -Modal Transit Station, undeveloped property The recommended zoning for this annexation is the C - 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 a Commercial Corridor District designation is appropriate in this location. Staff is recommending this property be excluded from the Residential Neighborhood Sign District. A map amendment will be neces e t ' the Residential Neighborhood Sign District. FINDINGS 1. The annexation of this area is consistent with the policies and agreements between Latimer County and the City of Fort Collins contained in the Intergovernmental Agreements. 2. The area meets the eligibility requirements included in State law to. qualify for an involuntary annexation to the City of Fort Collins. 3. On September 5, 2006, Council considered a resolution determining that the proposed annexation process for this property by establishing the date, time, and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. Public hearing and first reading of the Ordinances annexing and zoning the property will be considered by the City C a o er 4. The C - Commercial Zoni p 'ate Aw site based on adjace nt ent zoning and existing land uses and is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning. Staff is recommending this property be excluded from the Residential Neighborhood Sign District. A map amendment will be necessary to exclude this property from the Residential Neighborhood Sign District. October 17, 2006 -2- Item No. 19 A-B BACKGROUND This in an involuntary annexati , im a b P - ollins. The area to be annexed is the entirety of an enclave that h been s ounCi or more than three years; therefore, no annexation petition is requir is at In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and Municipally Owned Land: when any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality without complying with: • CRS 31-12-104 EligibilityforAnnexation; or • CRS 31-12-105 Limitations; or • CRS 31-12-108 Setting Hearing Date; or • CRS 31-12-109 He ' , if said area has been s urrou ed r riod not less than three years; except that notice of the pro ati Adin all be given by publication as provided by Section 31-12-108; however, for notices of annexation petitions and resolutions initiating annexation proceedings, no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. 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 Agreements, the City will agree to consider annexation of property in the GMA when the property is eligible for annexation according to . State Law. Pursuant to the Intergovernmental Agreements, the following sections are relevant to the Arbor South Second Annexation and Zoning: Section 8 Annexations Section S.A. It isitweltity's intenPoannex properties within the GMA as expeditiously as possible. Section 8.13. The City agrees to pursue involuntary annexation of any parcel that becomes eligible for involuntary annexation. This property complies with State regulations by meeting the requirement for 1/6 contiguity to existing City limits. This property is an enclave (completely surrounded by the City since 1999) and gains the required 1/6 contiguity to existing City limits from common boundaries with the Arbor South First Annexation (June 2001) to the north and west, the Fairway Estates Business Annexation (January 1981) to the east, and the McClanahan First Annexation (April 1989) to the south. AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT ITEM NUMBER: 19 A-B DATE: October 17, 2006 STAFF: Steve Olt Items Relating to the Arbor South Second Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. On September 21, 2006, the Planning and Zoning Board voted to recommend approval of the annexation and requested zoning. � yft tl EXECUTIVE SUMMARY A. Hearing and First Reading of Ordinance No. 166, 2006, Annexing Property Known as the Arbor South Second Annexation to the City of Fort Collins, Colorado. B. Hearing and First Reading of Ordinance No. 167, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Arbor South Second Annexation to the City of Fort Collins, Colorado. This is a request to annex and zone 1.83 acres located on the west side of South College Avenue, east of Fossil Boulevard, and north of West Fairway Lane. It is currently vacant, undeveloped property and is in the T — Tourist Zoning District in Larimer County. The requested zoning in the City of Fort Collins is C - Co cia Staff is recommending this pro xlakwj fiee R ntial Neighborhood Sign District. A map amendment will be necessary to exclude this property from the Residential Neighborhood Sign District. APPLICANT: City of Fort Collins OWNER: Spradley / Barr, LLC P.O. Box 270710 Fort Collins, CO. 80527 AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 10 A-B DATE: November 7, 2006 STAFF: Steve Olt SUBJECT Items Relating to the Arbor South Second Annexation and Zoning. RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 166,2006, Annexing Property Known as the Arbor South Second Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 167, 2006, Amending the Zoning Map of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Arbor South Second Annexation to the City of Fort Collins, Colorado. These Ordinances, which were unanimously adopted on First Reading on October 17, 2006, annex and zone 1.83 acres located on the west side of South College Avenue, east of Fossil Boulevard, and north of West Fairway Lane. It is currently vacant, undeveloped property and is in the T — Tourist Zoning District in Larimer County. The requested zoning in the City of Fort Collins is C - Commercial.