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Home My WebLink AboutROHRBACKER ANNEXATION & ZONING - 41-89, A - REPORTS - FIRST READING • AGENDA ITEM SUMMARY ITEM NUMBER: fi a-c DATE: October 17, 1989 • FORT COLLINS CITY COUNCIL STAFF• Albertson Clark SUBJECT : Items Relating to Rohrbacker Annexation. RECOMMENDATION: Staff recommends adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 89- 176 Setting Forth Findings of Fact and Determinations Regarding Rohrbacker Annexation. B. Hearing and First Reading of Ordinance No. 137, 1989 Annexing • Approximately 3.6 acres Known as Rohrbacker Annexation. C. Hearing and First Reading of Ordinance No . 138 , 1989 Zoning Approximately 3.6 acres Known as Rohrbacker Annexation, into the C, Commercial District, with a planned unit development condition. This is a request to annex and zone approximately 3.6 acres, located on East Magnolia Court, west of Link Lane and north of East Mulberry. The requested zoning is the C, Commercial District. APPLICANT: Rosalie Rohrbacker OWNER: Same 430 West Myrtle Fort Collins, CO 80524 Rosalie Rohrbacker, the applicant and owner, has submitted a written petition requesting annexation of approximately 3.6 acres, located on East Magnolia Court, west of Link Lane and north of East Mulberry. The property is presently being used for a construction business (Sipes Concrete) and storage of automobiles and contains a vacant office building. This is a voluntary annexation. 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 annexing property in the UGA when the property is eligible for annexation according to State law. 110 The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Second Fisher-Lemay Avenue Annexation to the west. DATE: October 17, 1989 -2- .- EM NUMBER: 8 a-c The requested zoning for this annexation is the C, Commercial District. The Commercial District designation is for areas for commercial , storage and service uses. The proposed zoning is consistent with the kinds of uses that presently exist in the surrounding area. The existing uses on this property become non-conforming uses at the time of annexation, until an approved PUD site plan brings these (or other proposed uses) into compliance with the LAND DEVELOPMENT GUIDANCE SYSTEM. Because this district allows any commercial , storage and service uses as a "use-by-right", a PUD condition would protect adjacent properties from potential incompatible uses. The PUD condition would require future development proposals to be reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. State law requires that within ninety days of when property is annexed, it is given a zoning designation. The proposed zoning is consistent with the City's Comprehensive Plan and the existing zoning in the area. The prospective purchaser of this property has indicated plans to develop a portion of the site as an auto salvage yard. 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. The requested C, Commercial District is in conformance with the policies of the City's Comprehensive Plan. [he Planning and Zoning Board heard this request at its regular monthly meeting on August 28, 1989 and voted 7-0 to recommend approval of the annexation and the C, Commercial Zoning, with a planned unit development condition. • 110 4111 RESOLUTION 89- 176 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE ROHRBACKER ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Rohrbacker 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: the City 1 . That the Council of of Fort Collins 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 seeking annexation; 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. 410 Section 3. [hat 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 Rohrbacker 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 17th day of October, A.D. 1989. Mayor - ---- --- - ----- ATTEST: City Clerk ORDINANCE NO. 137, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE ROHRBACKER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-158, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council has found and determined and 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: A tract of land situate in the Southwest quarter of Section 7, Township 7 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, which considering the South line of the Southwest quarter of said Section 7 as bearing N 89°04'47" E, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Southwest corner of said Section 7 and run thence N 71°15'47" E 1324.90 feet to the true point of beginning, said point being the Northwest corner of Lot 1, Block 1, East Mulberry Subdivision, thence N 00°05'47" E 411.00 feet; thence N 89 04 47 E 384.35 feet to the East line of Lot 9-A, amended plat of Lots 6, 7, 8 and 9, Block One, East Mulberry Subdivision; thence S 00°15'47" W 143.50 feet to the Southeast corner of said Lot 9-A; thence S 89°04'47" W 1 .00 feet to the Southwest corner of said Lot 9-A; thence S 00°15'47" W 60.00 feet to the Northwest corner of Lot 8-A, amended plat of Lots 6, 7, 8 and 9, Block 1, East Mulberry Subdivision; thence N 89°04'47" E 1.00 feet; thence S 00°15'47" W 207.50 feet to the Southeast corner of said Lot 9-A; thence S 89°04'47" W 383.37 feet to the point of beginning. Containing 3.6187 acres. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Rohrbacker 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. • 4ii, 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 17th day of October, A.D. 1989, and to be presented for final passage on the 7th day of November, A.D. 1989. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of November, A.D. 1989. Mayor ATTEST: City Clerk ORDINANCE NO. 138, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 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 ROHRBACKER 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 by 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 Rohrbacker Annexation to the City of Fort Collins, Colorado, in the C Commercial District: A tract of land situate in the County of Larimer, State of Colorado to-wit: A tract of land situate in the Southwest quarter of Section 7, Township 7 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, which considering the South line of the Southwest quarter of said Section 7 as bearing N 89°04'47" E, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Southwest corner of said Section 7 and run thence N 71°15'47" E 1324.90 feet to the true point of beginning, said point being the Northwest corner of Lot 1, Block 1, East Mulberry Subdivision, thence N 00°05'47" E 411 .00 feet; thence N 89°04'47" E 384.35 feet to the East line of Lot 9-A, amended plat of Lots 6, 7, 8 and 9, Block One, East Mulberry Subdivision; thence S 00°15'47" W 143.50 feet to the Southeast corner of said Lot 9-A; thence S 89°04'47" W 1 .00 feet to the Southwest corner of said Lot 9-A; thence S 00°15'47" W 60.00 feet to the Northwest corner of Lot 8-A, amended plat of Lots 6, 7, 8 and 9, Block 1, East Mulberry Subdivision; thence N 89 04 47 E 1 .00 feet; thence S 00°15'47" W 207.50 feet to the Southeast corner of said Lot 9-A; thence S 89°04'47" W 383.37 feet to the point of beginning. Containing 3.6187 acres. Section 2. 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 3. That the Director of Engineering is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. • 4111 Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.U. 1989, and to be presented for final passage on the 7th day of November, A.D. 1989. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of November, A.D. 1989. Mayor _ -- ------------ -- ------ ATTEST: City Clerk ii--,,iiip,44.4.,,,,:. _ ■■NImai mi , J \ OUT --i , i LZ ---- t Project Location �.____ •,\ \ __ --- It �ti Co 44PP <y -®-44 kJ _ yl)V ^�f Q c_ ' 1, \ ail ,:. _- -- _ Div \� NK L�NE�CT C �N oiiA 5T. LI y pUs . \ \ ' . 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