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Home My WebLink AboutEAST LINCOLN THIRD ANNEXATION & ZONING ..... CITY COUNCIL HEARING 11/15/1994 - 40-94, A - REPORTS - FIRST READINGA Commitment To Progress LARIMER COUNTY COLORADO November 1, 1994 Mr. Ken Waido, Chief Planner City of Fort Collins P. O. Box 580 Fort Collins, Co 80522 Dear Mr. Waido: Board of County Commissioners 498-7010 FAX 498-7006 Post Office Box 1190 Fort Collins, Colorado 80522-1190 Thank you for the information you provided concerning the East Lincoln third Annexation. Larimer County has no particular objection to the proposed annexation but, for the record, we would like to make two observations. The Intergovernmental Agreement for the Fort Collins Urban Growth Area indicates that the City will consider the annexation of any parcel in the Urban Growth Area which is eligible for voluntary annexation and the City will pursue the involuntary annexation of any parcel that is eligible. The proposed annexation will create a small enclave which should be annnexed at the earliest possible time. The proposed East Lincoln Third Annexation will surround this enclave, therefore the City should consider involuntary annnexation of this parcel as soon as three years have passed. The County also recognizes that the right of way for East Lincoln Avenue is not being annexed at this time. We agree that this road serves mostly county development but the entire right of way should be annexed when the property on the south side of East Lincoln Avenue is annexed. Thank you for the opportunity to review this request. If you have any questions, please contact the Larimer County Planning Department. Sincerely, J net Duvall, Chair L rimer County Board of Commissioners cc:file BOARD OF COUNTY COMMISSIONERS Courtlyn W. Hotchkiss Janet Duvall Jim Disney District I District 11 District III I 9/ vacant I<wy.rr •w.N art= a I tASf ��µE STR££TS F?.GtktT Y P.uD. BL IP tiAK Uses ■ a Golf course Amu RC 3LP 1ocant IL� Fla • Ca+nms�c/a/ � _ �l� �1♦ /ndustNa�/ ,.� �� Uses =_ 17 SITE � •�'_ I I w vacant i city L/?1%t5 -Au .Nowwwe�. by Vicinity Map EAST LINCOLN ANNEXATION & ZONING. . J Project Number: 40-94 & 40-94A ORDINANCE NO. 165, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING DISTRICT MAP CONTAINED IN CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE EAST LINCOLN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning District Map adopted pursuant to Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the East Lincoln Annexation to the City of Fort Collins, Colorado, in the I-L Limited Industrial Zoning District. Section 2. That the Sign District Map adopted pursuant to Section 29-593.1 of the 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 zoning granted herein is expressly conditioned upon the entire above -described property being developed as a planned unit development in accordance with the Ordinances of the City. Section 4. That the Director of Engineering is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 15th day of November, A.D., 1994, and to be presented for final passage on the 6th day of December, A.D. 1994. Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of December, A.D., 1994. ATTEST: er ayor be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the East Lincoln 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 15th day of November, A.D., 1994, and to be presented for final passage on the 6th day of December, A.D. 1994. ATTEST: er Mayor Passed and adopted on final reading this 6th day of December, A.D., 1994. ATTEST: City Clerk 2 Mayor ORDINANCE NO. 1647 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE EAST LINCOLN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 94-189, 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 County of Larimer, State of Colorado to -wit: SITUATED IN THE NW 1/4 OF SECTION 7, T.7N., R.68W., OF THE 6TH P.M., LARIMER COUNTY, COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 7; THENCE N 02004'03" E ALONG THE WEST LINE OF SAID NW 1/4 A DISTANCE OF 60.00 FEET; THENCE S 87°59'32" E A DISTANCE OF 69.71 FEET TO A POINT LYING AT THE INTERSECTION OF THE NORTHERLY R.O.W. LINE OF EAST LINCOLN AVENUE AND THE EASTERLY R.O.W. LINE OF NORTH LEMAY AVENUE BEING THE EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1974 AT PAGE 581 IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 12°45'46" W ALONG SAID EASTERLY R.O.W. LINE AND THE EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 1974 AT PAGE 581 A DISTANCE OF 155.13 FEET TO THE NORTHERLY CORNER OF SAID PARCEL DESCRIBED IN BOOK 1974 AT PAGE 581; THENCE N 02004'03" E PARALLEL WITH THE WEST LINE OF SAID SECTION 7 AND CONTINUING ALONG SAID EASTERLY R.O.W. LINE A DISTANCE OF 782.67 FEET; THENCE S 87°55'57" E A DISTANCE OF 791.00 FEET; THENCE S 02004'03" W AND PARALLEL WITH THE WEST LINE OF SAID NW 1/4 A DISTANCE OF 992.75 FEET TO A POINT LYING ON THE NORTHERLY R.O.W. LINE OF EAST LINCOLN AVENUE AS SHOWN ON THE LARIMER COUNTY, COLORADO ASSESSOR MAPS; THENCE N 87059'32" W ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF 80.98 FEET TO A POINT LYING NON -TANGENT ON A CURVE; THENCE ALONG A CURVE TO THE LEFT WHOSE CHORD BEARS N 78°55'03" W A DISTANCE OF 380.42 FEET AND CONTINUING ALONG SAID NORTHERLY R.O.W. LINE, SAID CURVE HAVING A CENTRAL ANGLE OF 18°08'57", A RADIUS OF 1206.00 FEET, AN ARC LENGTH OF 382.02 FEET TO A POINT OF TANGENT; THENCE N 87059'32" W ALONG SAID TANGENT AND CONTINUING ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF 294.59 FEET TO THE POINT OF BEGINNING. CONTAINING (747,449 SQUARE FEET) 17.159 ACRES. RESOLUTION 94-189 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE EAST LINCOLN ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the East Lincoln 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: 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 East Lincoln 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 15th day of November, A.D. 1994. Mayor ATTEST: City Cler FDATE: November 15, 1994 3 EM NUMBER: 12 A-C approval according to the City's land use policies. A convenience store would be required to be part of a larger center of 5-7 acres. The City's MASTER STREETS PLAN categorizes the adjacent streets into the following functional classifications: Lemay Avenue, arterial (4 lanes) Lincoln Avenue, arterial (4 lanes) Lemay Avenue is planned to be realigned to the east of the Andersonville Subdivision. The road will eventually separate Andersonville from this property. 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 AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On October 4, 1994, the City Council approved a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates the 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 Council on November 15, 1994. 4. The requested I-L, Limited Industrial, District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning. Staff also recommends that a PUD condition be attached to the I-L Zone for the property which would require all redevelopment proposals for the property to be reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on October 24, 1994, voted 7-0 to recommend approval of the annexation and requested zoning as part of the Board's Consent Agenda. DATE: November 15, 1994 2 rEM NUMBER: 12 A-C located north of East Lincoln Ave. and east of Lemay Ave. The requested zoning is the I-L, Limited Industrial, District with a PUD condition. The property is currently zoned I, Industrial, in the County which allows a wide variety of commercial and industrial uses. The property is presently basically undeveloped, there is one single-family residence on the property. This is a voluntary annexation of property located within the Fort Collins Urban Growth Area. The applicant anticipates the following uses to be developed on the property; a convenience store, other convenience related retail uses, and, possibly, some light industrial uses. Any existing commercial signs on the property will have to conform to the City's Sign Code at the conclusion of a five-year amortization period or upon redevelopment of the property. The property is located within the Fort Collins Urban Growth Area. 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, the City will consider the annexation of property in the UGA when the property is eligible for annexation according to State law. The property gains the required 1/6 contiguity to existing city limits from the common boundaries with the Northeast Consolidated Annexation to the west and the Fort Collins Business Center Annexation to the north and east. The East Lincoln Avenue right- of-way is not included as part of the annexation because the street primarily serves developments in the County, therefore, the responsibility for road maintenance should remain with that governmental entity. When the property located south of East Lincoln Avenue is annexed, the street right-of-way will also be annexed at that time. Upon annexation of this property, an enclave will be created for a small piece of property located southeast of the Buckingham/Lemay intersection. This enclave property would become eligible for involuntary annexation in the later part of 1997, ie., three years after the final approval of the East Lincoln Third Annexation. The current County Zoning District for the property is the I, Industrial, Zone. The I Zone allows a wide variety of commercial and industrial uses, including automobile sales and repair, mobile home sales, builder's supply and lumber yards, machine shops, bottling works, and secondary manufacture, assembly, or packaging of products. The current zoning and existing land uses of surrounding properties are as follows: N: R-L, Low Density Residential, Andersonville Subdivision I, Industrial, and I-L, Limited Industrial, undeveloped E: I-L, Limited Industrial, undeveloped S: I, Industrial, undeveloped W: I-L, Limited Industrial, partially developed industrial subdivision The requested zoning for this annexation is the I-L, Limited Industrial, District. The I-L District designation is for light industrial uses such as the manufacture of electronic instruments, preparation of food products, and research and scientific laboratories. Properties located to the immediate east and immediate west are also zoned I-L. This property will essentially become part of the western portion of the Valley Air Park industrial area. This property will probably eventually develop with a convenience store, a mix of convenience related retail, and light industrial uses. The applicant's main intent of annexing this property is to locate a convenience store at the Lincoln/Lemay intersection. Convenience shopping centers are required to address locational policies and design criteria specifically developed for that type of land use, as well as the additional review criteria contained in the City's planned unit development (PUD) code, the LAND DEVELOPMENT GUIDANCE SYSTEM. A free-standing convenience store at the Lincoln/Lemay intersection would not likely receive AGENDA ITEM SUMMARY ITEM NUMBER: 12 A-C DATE: November 15, 1994 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Items Related to the East Lincoln Third Annexation and Zoning. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. Staff also recommends the I-L Zone have a PUD condition attached. The Planning and Zoning Board voted 7-0 to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY: A. Resolution 94-189 Setting Forth Findings of Fact and Determinations Regarding the East Lincoln Third Annexation. B. Hearing and First Reading of Ordinance No. 164, 1994, Annexing Approximately 17 Acres, Known as the East Lincoln Third Annexation. C. Hearing and First Reading of Ordinance No. 165, 1994, Zoning Approximately 17 Acres, Known as the East Lincoln Third Annexation, Into the I-L, Limited Industrial, District with a PUD Condition. This is a request to annex and zone approximately 17 acres located north of East Lincoln Avenue and east of Lemay Avenue. The requested zoning is the I-L, Limited Industrial, District with a PUD condition. The property is currently zoned I, Industrial, in the County, which allows a wide variety of commercial and industrial uses. The property is presently basically undeveloped, there is one single-family residence on the property. This is a voluntary annexation of property located within the Fort Collins Urban Growth Area. The applicant anticipates the following uses to be developed on the property: a convenience store, other convenience related retail uses, and, possibly, some light industrial uses. APPLICANT: Diamond Shamrock c/o Galloway, Romero & Associates 14202 E. Evens Ave. Aurora, CO 80014 OWNER: Webster Associates 60 E. Service Rd., I-25 Cheyenne, WY 82007 'QCKGROUND: The applicant, Diamond Shamrock, on behalf of the owner, Webster Associates, has submitted a written petition requesting annexation of approximately 17 acres