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HomeMy WebLinkAboutCOLORADO NATURE CENTER FOURTH - ANNEXATION & ZONING - 29-89, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: ITEM NUMBER: 13 a-c DATE• February 20, 1990 STAFF: Ken Waido Items Pertaining to the Colorado Nature Center Fourth 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. Resolution 90- 17 Setting Forth Findings of Fact and Determinations Regarding the Colorado Nature Center Fourth Annexation. B. Hearing and First Reading of Ordinance No. 18, 1990, Annexing Approximately 9.4 Acres, Known as the Colorado Nature Center Fourth Annexation. C. Hearing and First Reading of Ordinance No. 19 , 1990, Zoning Approximately 9.4 Acres, Known as the Colorado Nature Center Fourth Annexation, Into the T-Transition District. This is a request to annex and zone approximately 9.4 acres located east of County Road 9 and south of East Drake Road (extended). The requested zoning is the T-Transition District. The property is presently undeveloped. The property is currently zoned FA-1, Farming District in the County. This is a voluntary annexation. APPLICANTS: State Board of Agriculture OWNERS: Same Room 202 Administration Building Colorado State University Fort Collins, CO 80523 DATE: February 20, 1990 -2- ITEM NUMBER: 13 a-c BACKGROUND: The applicant and owner, the State Board of Agriculture, for the benefit of Colorado State University, has submitted a written petition requesting annexation of approximately 9.4 acres located east of County Road 9 and south of East Drake Road (extended). The requested zoning is the T-Transition District. The property is presently undeveloped. The property is currently zoned FA-1, Farming District in the County. 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 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 a common boundary with the Colorado Nature Center Second Annexation to the north. The surrounding zoning and existing land uses are as follows: N: T-Transitional, nature center natural area. E: FA-1, Farming, undeveloped. S: FA-1 Farming, gravel pit. W: T-Transition, undeveloped. The requested zoning for this annexation is the T-Transition District. The District designation is for properties in transition as to their ultimate use. The property will probably not develop in the foreseeable future. It will remain a part of the Norther Colorado Nature Center natural area. As with other Colorado State University properties annexed into the City, the petitioners specifies as a condition of the proposed annexation that the proposed annexation in no sense shall be interpreted as: 1. Conveying to the City any right, title, or interest in the property so annexed. 2. 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. 3. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code, or licensing ordinance, upon the property 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 in so far as it relates to the application of: a. City traffic ordinances; b. City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offenses DATE: February 20, 1990 I -3- I ITEM NUMBER: 13 a-c against public peace, offenses relating to morals, offenses relating to public health, and safety. 4. The jurisdiction of the Municipal Court is extended to include violations of ordinances included in the foregoing items 1 and 2 of this paragraph occurring on the lands so annexed; providing, however, that nothing contained in the annexation ordinances shall be construed to limit the authority of the University officials, to exercise the authority provided in C.R.S. 23-5-106 and C.R.S. 23-5-107. 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 January 16, 1990, the City Council passed Resolution 90-2 which accepted the annexation petition and determined that the petition was in compliance with State law. The resolution also initiated 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. 4. The requested T-Transition District is in conformance with the policies of the City's Comprehensive Plan. Planning and Zoning Board Recommendation: The Planning and Zoning Board, at its regular monthly meeting on December 18, 1989, voted 7-0 to recommend approval of the annexation and requested zoning as a part of the Board's Consent Agenda. RESOLUTION 90-17 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE COLORADO NATURE CENTER FOURTH ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Colorado Nature Center Fourth 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 of the City 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. iSection 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 Colorado Nature Center Fourth 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 20th day of February, A.D. 1990. ATTEST: City Cler 11, ayor ORDINANCE NO. 18, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE COLORADO NATURE CENTER FOURTH ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 90-2, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council of the City of Fort Collins has found and determined and does hereby find and determine that it is in the best interests of the City of Fort Collins 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 Northwest quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, which considering the North line of the Northwest quarter of said Section 28 as bearing S 89°00'38" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northwest corner of said Section 28 thence run S 89°00'38" E 740.00 feet along said North line; thence S 89°00'38" E 1370.00; thence S 00059'22" W 300.00 feet; thence N 89°00'38" W 1370.00 feet; thence N 00°59'22" E 300.00 feet to the true point of beginning. Containing 9.4353 acres. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Colorado Nature Center Fourth 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 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. Section 4. That, in accordance with the additional conditions contained in the Petition for Annexation, the annexation of said 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; and c. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code or licensing ordinance, upon said property, 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 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 c (i) and (ii) occurring on said property; provided, however, that nothing contained in this Ordinance 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 20th day of February, A.D. 1990, and to be presented for final passage on the 6th day of March, A.D. 1990. Mayor ATTEST: ity Clerk Passed and adopted on final reading this 6th day of March, A.D. 1990. ATTEST: City Clerk • ayor ORDINANCE NO. 19, 1990 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 COLORADO NATURE CENTER FOURTH 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 Colorado Nature Center Fourth Annexation to the City of Fort Collins, Colorado, in the T Transition District: A tract of land situate in the Northwest quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, which considering the North line of the Northwest quarter of said Section 28 as bearing S 89°00'38" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northwest corner of said Section 28 thence run S 89°00'38" E 740.00 feet along said North line; thence S 89°00'38" E 1370.00; thence S 00°59'22" W 300.00 feet; thence N 89°00'38" W 1370.00 feet; thence N 00°59'22" E 300.00 feet to the true point of beginning. Containing 9.4353 acres. Section 2. 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 20th day of February, A.D. 1990, and to be presented for final passage on the 6th day of March, A.D. 1990. ayor ATTEST: ity Cler Passed and adopted on final reading this 6th day of March, A.D. 1990. ayor ATTEST: City Clerk • • • ITEM COLORADO NATURE CENTER 4th — Annexation &Zoning NUMBER 29-89 29-89A