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HomeMy WebLinkAboutBLUE SPRUCE FARM ANNEXATION & ZONING - 33-87, A - - SECOND READINGAGENDA ITEM SUMMARY ITEM NUMBER: 14 a-d DATE: October 6, 1987 FORT COLLINS CITY COUNCIL FROM: Ken Waido SUBJECT: Items Relating to the Blue Spruce Farm Annexation and Zoning. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 7-0 to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY: A. Hearing to Make Determinations and Findings Concerning the Blue Spruce Farm Annexation. B. Resolution 87-136, Setting Forth Findings of Fact and Determinations Regarding the Blue Spruce Farm Annexation. C. Second Reading of Ordinance No. 135, 1987, Annexing Approximately 173.24 Acres, Known as the Blue Spruce Farms Annexation. D. Second Reading of Ordinance No. 136, 1987, Zoning Approximately 173.24 Acres, Known as the Blue Spruce Farms Annexation, into the T-Transition Zoning District. The Resolution sets forth findings and determines that the area is eligible for annexation pursuant to Colorado state law. Ordinance No. 135, 1987 was adopted as amended on First Reading on September 15 by a vote of 5-0. Ordinance No. 136, 1987 was adopted 5-0 on First Reading on September 15. The Ordinances annex and zone approximately 173.24 acres of property, located east of Timberline Road, south of Drake Road and north of Horsetooth Road. The property is presently undeveloped. APPLICANTS: Blue Spruce Farm, Inc. OWNERS: Same C/O G. T. Land Colorado Inc. 3555 Stanford Road, Suite 100 Fort Collins, CO State Board of Agriculture Room 202 Administration Building Colorado State University Fort Collins, CO DATE: October 6, 1987 -2- ITEM NUMBER: 14 a-d BACKGROUND: The applicants and owners, Blue Spruce Farms, Inc., (168.5244 acres), and the State Board of Agriculture, (4.7198 acres) are requesting annexation of approximately 173.24 acres of property, located east of Timberline Road, south of Drake Road and north of Horsetooth Road. The property is presently undeveloped. If approved, the annexation will leave a 1.0664 acre enclave adjacent to Timberline Road owned by the United States Department of Agriculture which could be annexed by the City in three years. 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 annex 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 a common boundary with the Timberline Horsetooth Second Annexation to the south, and the Nelson Second Annexation and the Greenwalt Tenth Annexation to the west. The requested zoning for this annexation is the T-Transition, Zoning District. The T district designation is used as a holding zone for properties not in an immediate development mode. The only uses allowed in the T zone are the uses which existed at the time the property was annexed. Prior to the approval of any development application, the property will have to be rezoned to another of the City's zoning districts. There are no known immediate development plans for the 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 by the City of Fort Collins. The requested T-Transitional zoning district will act as a holding zone until the property is ready for development. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at their regular monthly meeting on June 22, 1987, voted to approve the requested annexation and zoning as part of the Board's Consent Agenda. • RESOLUTION 87-136 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE BLUE SPRUCE FARM ANNEXATION WHEREAS, annexation proceedings were heretofore initiated for property to be known as the Blue Spruce Farm Annexation; and WHEREAS, following Notice given as required by law, the City 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 City Council hereby finds that the petition for annexation complies with the provisions of Section 31-12-107, C.R.S. Section 2. That the City Council hereby finds that the requirements of the applicable parts of Sections 31-12-104 and 105, C.R.S. have been met. Section 3. That the City Council further finds and determines that an election pursuant to Section 31-12-107(2) or 31-12-112(1), C.R.S., is not required. • Section 4. That no additional terms and conditions are to be imposed upon the area proposed to be annexed. Section 5. That the City Council further finds that notice was given and hearing was held regarding the annexation in accordance with Sections 31-12-108 and 109, C.R.S., as applicable. Section 6. That the City Council concludes that the area proposed to be annexed in the Blue Spruce Farm Annexation is eligible for annexation to the City of Fort Collins and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 6th day of October, A.D. 1987. ATTEST: City Cler • Mayor ORDINANCE NO. 135, 1987 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE BLUE SPRUCE FARM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the following described property: A part of the Northwest 1/4 and of the South 1/2 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., Larimer County, Colorado, which, considering the West line of said Northwest 1/4 as bearing N 00*25' E, and with all bearings contained herein relative thereto, begins at the West 1/4 corner of said Section 29, and runs thence along the West line of said Northwest 1/4, N 00*25' W 1323.00 feet; thence S 88°55'46" E 1380.61 feet; thence S 00°38'40" W 800.00 feet; thence S 88055'46" E 1266.09 feet to the North -South centerline of said Section 29; thence along said centerline, S 00°22'01" W 622.98 feet; thence S 88°5546" E 1295.89 feet; thence S 00°22'01" W 1226.89 feet to the South line of the North 1/2 of the South 1/2 of said Section 29; thence along said South line, N 88°59'26" W 3941.59 feet to the West line of the Southwest 1/4 of said Section 29; thence along said West line, N 00°26'35" E 1331.07 feet to the point of beginning, EXCEPT a tract of land situate in the Northwest 1/4 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., County of Larimer, State of Colorado, which, considering the West line of said Northwest 1/4 as bearing S 00*25' W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 00*25' W 2159.50 feet, and again S 89*35' E 30.00 feet from the Northwest 1/4 of said Section 29, and runs thence S 89*35' E 231.50 feet; thence S 00*25' W 150.00 feet; thence N 89°35' W 104.35 feet; thence S 00*25' W 96.00 feet; thence N 89*35' W 122.15 feet; thence N 00025' E 246.00 feet to the point of beginning. The annexation contains 173.2442 acres more or less. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Blue Spruce Farm Annexation. Section 2. That, in annexing said property to the City of Fort Collins, the City of Fort Collins 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 of Fort Collins. Section 3. That, in accordance with the additional conditions contained in the Petition for Annexation filed by the State Board of Agriculture .as owner of the property described in Exhibit A attached • • • hereto, the annexation of said parcel of property described in Exhibit A shall in no sense be interpreted as: a. Conveying to the City of Fort Collins any right, title or interest in the property so annexed; b. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property; c. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code or licensing ordinance, upon the property described in Exhibit A, so long as title thereof shall remain in the State Board of Agriculture and the property continues to be used for educational, research, extension and related support services; provided, however, that the jurisdiction of the City of Fort Collins shall extend over the property annexed insofar as it relates to the application of: (i) City traffic ordinances; and (ii) City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offenses against public peace, offenses relating to morals and offenses relating to public health and safety. The jurisdiction of the Municipal Court is extended to include violations of ordinances included in the foregoing Subparagraphs a and b occurring on the property described in Exhibit A; provided, however, that nothing contained in the annexing ordinances shall be construed to limit the authority of the university officials to exercise the authority provided in Sections 23-5-106 and 23-5-107, C.R.S. Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 1987, and to be presented for final passage on the 6th day of October, A.D. 1987� Mayor ATTEST: City Clerk Passed and adopted on final reading this 6th day of October, A.D. 1987. Mayor ATTEST: EXHIBIT A DESCRIPTIObf OF COLORADO STATE UNIVERSITY PROPERTY A tract of land situate in the West 1/2 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., County of Larimer, State of Colorado, which, considering the West line of the Northwest 1/4 of said Section 29 as bearing N 00025' E and with all bearings contained 'herein relative thereto, begins at the West 1/4 corner of said Section 29 and runs thence N 00025'35" E 530.00 feet; thence S 8805514611 W 400.24 feet; thence S 00026'35" W 630.00 feet; thence N 880551461, W 400.00 feet to the West line of the Southwest 1/4 of said Section 29; thence N 00026'35" E 100.00 feet to the point of beginning, EXCEPT that portion deeded to the United States Department of Agriculture in Book 1320 at Page 253, the area less U.S.D.A. is 4.7198 acres more or less. I ORDINANCE NO. 136 , 1987 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING AN ORDINANCE AMENDING CHAPTER 118 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE, AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE BLUE SPRUCE FARM ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Zoning District Map adopted by Chapter 118 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 Blue Spruce Farm Annexation to the City of Fort Collins, Colorado, in the "T," Transition Zoning District: A part of the Northwest 1/4 and of the South 1/2 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., Larimer County, Colorado, which, considering the West line of said Northwest 1/4 as bearing N 00*25' E, and with all bearings contained herein relative thereto, begins at the West 1/4 corner of said Section 29, and runs thence along the West line of said Northwest 1/4, N 00*25' W 1323.00 feet; thence S 88055'46" E 1380.61 feet; thence S 00°38'40" W 800.00 feet; thence S 88°55'46" E 1266.09 feet to the North -South centerline of said Section 29; thence along said centerline, S 00°22'01" W 622.98 feet; thence S 88055'46" E 1295.89 feet; thence S 00°22'01" W 1226.89 feet to the South line of the North 1/2 of the South 1/2 of said Section 29; thence along said South line, N 88059'26" W 3941.59 feet to the West line of the Southwest 1/4 of said Section 29; thence along said West line, N 00°26'35" E 1331.07 feet to the point of beginning, EXCEPT a tract of land situate in the Northwest 1/4 of Section 29, Township 7 North, Range 68 West, of the Sixth P.M., County of Larimer, State of Colorado, which, considering the West line of said Northwest 1/4 as bearing S 00*25' W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at a point which bears S 00°25' W 2159.50 feet, and again S 89°35' E 30.00 feet from the Northwest 1/4 of said Section 29, and runs thence S 89*35' E 231.50 feet; thence S 00*25' W 150.00 feet; thence N 89°35' W 104.35 feet; thence S 00*25' W 96.00 feet; thence N 89°35' W 122.15 feet; thence N 00*25' E 246.00 feet to the point of beginning. The annexation contains 173.2442 acres more or less. Section 2. That the City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on published this 15th day of September, A.D. final passage on the 6th day of Oct ATTEST: first reading, and ordered 1987, and to be presented for Passed and adopted on final reading this 6th day of October, A.D. 1987. ayor ATTEST: City Clerk oil NO I M LE M m �-,Wlw-ftQM