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HomeMy WebLinkAboutBLUE SPRUCE FARM ANNEXATION AMENDMENT - 33-87B - - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 19 MEETING DATE 4/26/93 (�=!, U,111111111110��i� STAFF Ken Waido City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Blue Spruce Farm Annexation Amendment - #33-87, B APPLICANT: Mr. Chuck Betters The Group Inc. 375 E. Horsetooth Road Fort Collins, CO 80526 OWNERS: Timberline Partners, Ltd, a Colorado Limited Partnership, by G. B. Ventures, a Colorado General Partnership, General Partner, William W. Reynolds, Managing Partner PROJECT DESCRIPTION: Request to amend the Blue Spruce Farm Annexation to apply annexation terms, conditions, and limitations which were initially applied to the portion of the Blue Spruce Farm Annexation owned by the State Board of Agriculture, to a 1.71 acre area to be traded to the State Board of Agriculture by Timberline Partners, Ltd., a Colorado Limited Partnership, by G. B. Ventures, a Colorado General Partnership, General Partner, William W. Reynolds, Managing Partner. RECOMMENDATION: Staff recommends approval of the annexation amendment request. EXECUTIVE SUMMARY: This is a request to amend the Blue Spruce Farm Annexation to apply annexation terms, conditions, and limitations, which were initially applied to the portion of the Blue Spruce Farm Annexation owned by the State Board of Agriculture, to a 1.71 acre area to be traded to the State Board of Agriculture by Timberline Partners, Ltd., a Colorado Limited Partnership, by G. B. Ventures, a Colorado General Partnership, General Partner, William W. Reynolds, Managing Partner. The property is presently undeveloped and is currently zoned R-P, Planned Residential. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Blue Spruce Farm Annexation Amendment - #33-87B April 26, 1993 P & Z Meeting Page 2 Background• The applicant, Mr. Chuck Betters of The Group Inc., on behalf of the owner, Timberline Partners, Ltd., a Colorado Limited Partnership, by G.B. Ventures, a Colorado General Partnership, General Partner, William W. Reynolds, Managing Partner, has submitted a written petition requesting an amendment to the Blue Spruce Farm Annexation to apply annexation terms, conditions, and limitations to a 1.71 acre area to be traded to the State Board of Agriculture by the property owners. The property to be traded to the State Board of Agriculture was annexed to the City as part of the 173.24 acre Blue Spruce Farm Annexation in 1987. At the time of the initial annexation, the property was included in the part of the annexation which was owned by Blue Spruce Farms, Inc., (168.52 acres). The State Board of Agriculture owned the remainder of the property annexed (4.72 acres). At the request of the State Board of Agriculture, as contained in the initial Annexation Petition, Ordinance No. 135, 1987, annexing the Blue Spruce Farm Annexation contains the following conditions applying to the State's property: "...the annexation of said parcel of property described in Exhibit A (the legal description of the State owned property) 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. Blue Spruce Farm Annexation Amendment - #33-87B April 26, 1993 P & Z Meeting Page 3 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." The property owner, Timberline Partners, Ltd., proposes to trade 1.71 acres to the State Board of Agriculture in return for 1.49 acres of land. The proposed amendment to the Blue Spruce Annexation would apply the conditions cited above to the 1.71 acres of land to be given to the State Board of Agriculture. The conditions have been accepted by the City in the past when annexing land owned by the State Board of Agriculture including, as indicated, the Blue Spruce Farm Annexation, the adjacent Rigdon Farm Annexation, and the Colorado Nature Center First, Second, and Third Annexations. Findings 1. On October 6, 1987, the City Council approved Ordinance No. 135, 1987, approving the annexation of 173.24 acres known as the Blue Spruce Farm Annexation. 2. Contained in Ordinance No. 135, 1987, are certain conditions (as presented above) which apply solely to the portion of the annexation owned by the State Board of Agriculture. 3. The requested amendment will apply the same conditions as currently apply to the State's property to the 1.71 acre area to be traded to the State by the property owner, Timberline Partners, Ltd. STAFF RECOMMENDATION: Staff recommends approval of the requested annexation amendment. WAINGID SEC. 6'-' - ' -(- r-3