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HARMONY #7 ANNEXATION & ZONING - 27-89, A - REPORTS - FIRST READING
AGENDA ITEM SUMMARY ITEM NUMBER: 16 a-c FORT COLLINS CITY COUNCIL DATE: August 1, 1989 STAFF: Ken Waido SUBJECT: Items Related to the Harmony Annexation No. 7 Annexation and Zoning. RECOMMENDATION: Staff recommends approval of the annexation and zoning requests. The Planning and Zoning Board voted 6-0 to recommend approval of the annexation and requested zonings. EXECUTIVE SUMMARY: A. Resolution 89-140 Setting Forth Findings of Fact and Determinations Regarding the Harmony Annexation No. 7. B. Hearing and First Reading of Ordinance No. 113, 1989, Annexing Approximately 4.2 Acres, Known as the Harmony Annexation No. 7. C. Hearing and First Reading of Ordinance No. 114, 1989, Zoning Approximately 3.0 Acres of the Harmony Annexation No. 7 Into the I-P, Industrial Park District and Approximately 1.2 Acres Into the R-L-P, Low Density Planned Residential District. This is a request to annex and zone approximately 4.2 acres located north of Harmony Road and west of the Union Pacific railroad tracks. The requested zonings are: (1) 3.0 acres (Preuss, Golden Meadows Business Park II, and southern piece of City of Fort Collins properties) of I-P, Industrial Park District; and (2) 1.2 acres (northern piece of City of Fort Collins properties) of R-L-P, Low Density Planned Residential District. This is the annexation of an enclave area. The property is presently developed as follows: 1) park/detention pond (northern City piece); 2) industrial building (Preuss piece); 3) industrial building (Golden Meadows Business Park II piece); and 4) electric utility substation (southern City piece). Existing commercial signs located on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. APPLICANT: City of Fort Collins OWNERS: Gloria & Gunther Preuss 4401 Innovation Drive Fort Collins, CO 80525 { DATE: August 1, 1989 1 -2- 1 ITEM NUMBER: 16 a-c Golden Meadows Business Park II P.O. Box 471 Fort Collins, CO 80522 City of Fort Collins (2 pieces) BACKGROUND: 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 property in the UGA when the property is eligible for annexation according to State law. This is the annexation of an enclave area. The following annexations to the City of Fort Collins created the enclave: N: Harmony Annexation No. 2, September 1977 E: Harmony Annexation No. 2, September 1977 South Harmony Annexation, February 1986 S: South Harmony Annexation, February 1986 W: Keenland Annexation, August 1980 Harmony Annexation, August 1977 This area has thus been eligible for involuntary annexation into the city since February 4, 1989. On June 7, 1989, staff sent a letter to the property owners informing them of the pending annexation, potential zoning district designation for their property, and meeting date of review by the Planning and Zoning Board. A representative of Gloria and Gunther Preuss contacted staff and questioned the City's collection of property tax and sales tax on the portion of the property which was outside city limits. The question was referred to the Finance Department for resolution. Staff has received no subsequent contact from the other property owner. Zonings The requested zonings are: (1) 3.0 acres (Preuss, Golden Meadows Business Park II, and southern piece of City of Fort Collins properties) of I-P, Industrial Park District; and (2) 1.2 acres (northern piece of City of Fort Collins properties) of R-L-P, Low Density Planned Residential District. The property is presently developed as follows: 1) park/detention pond (northern City piece), to be zoned R-L-P; 2) industrial building (Preuss piece), to be zoned I-P; 3) industrial building (Golden Meadows Business Park II piece), to be zoned I-P; and 4) electric utility substation (southern City piece), to be zoned I-P. The I-P District designation is for light industrial uses located in proximity to residential areas or along major arterial streets. The property is currently developed, as indicated above. The properties were subdivided and developed according to City development codes and regulations. DATE: August 1, 1989 491 -3- IRITEM NUMBER: 16 a-c 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 annexation by the City of Fort Collins. 3. On June 20, 1989, the City Council passed a resolution setting forth the intent to annex this property. 4. The requested I-P, Industrial Park and R-L-P, Low Density Planned Residential/Zoning Districts are in conformance with the policies of the City's Comprehensive Plan. 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 26, 1989, voted 6-0 to recommend approval of the proposed annexation and requested zonings as part of the Board's Consent Agenda. RESOLUTION 89- 140 OF THE COUNCIL OF THE CITY OF FORT COLLINS SEITING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE HARMONY ANNEXATION NO. 7 WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Harmony Annexation No. 7; 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 area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three (3) years prior to this date. Section 2. That the Council hereby finds that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 3. That the 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 Council further finds that notice was given and hearing was held regarding the annexation in accordance with Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 6. That the Council concludes that the area proposed to be annexed in the Harmony Annexation No. 7 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 1st day of August, A.D. 1989. Mayor ATTEST: City Clerk • ORDINANCE NO.113, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HARMONY ANNEXATION NO. 7 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-117, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; 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 to annex said area to the City, as required by the terms of the Intergovernmental Agreement between the City and Larimer County, Colorado, dated September 7, 1988. NOW, THEREFORE, BE IT RESOLVED 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 Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of said Southeast quarter as bearing S 89°42'27" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the South quarter corner of said Section 31 and run thence S 89°42'27" E 1404.99 feet; thence N 00°03'54" E 98.41 feet to the true point of beginning; thence N 83°05'23" W 82.43 feet; thence N 00°00'43" E 1702.45 feet; thence S 89°56'06" E 110.54 feet; thence S 00°03'54" W 1262.25 feet; thence along the arc of a 3744.83 foot radius curve to the right a distance of 451.11 feet, the long chord of which bears S 03°30'49" W 450.84 feet to the point of beginning. Containing 4.2114 acres. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Harmony Annexation No. 7. 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 1st day of August, A.D. 1989, and to be presented for final passage on the 15th day of August, A.D. 1989. Mayor ATTEST: City Cler Passed and adopted on final reading this 15th day of August, A.D. 1989. ATTEST: ity Clerk • r ORDINANCE NO.114, 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 HARMONY ANNEXATION NO. 7 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 a portion of the property known as the Harmony Annexation No. 7 to the City of Fort Collins, Colorado, in the R-L-P Low Density Planned Residential District, said portion described as follows: A tract of land situate in the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of said Southeast Quarter as bearing S 89°42'27" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the South Quarter corner of said Section 31 and run thence S 89°42'27" E 1404.99 feet; thence N 00°03'54" E 98.41 feet; thence N 83°05'23" W 82.43 feet; thence N 00°00'43" E 1217.45 feet to the true point of beginning; thence N 00°00'43" E 485.00 feet; thence S 89°56'06" E 110.54 feet; thence S 00003'54" W 485.00 feet; thence S 89°56'06" W 110.54 feet to the true point of beginning. Containing 1.2308 acres. Section 2. 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 remaining portion of the property known as the Harmony Annexation No. 7 to the City of Fort Collins, Colorado, in the I-P Industrial Park District, said portion described as follows: A tract of land situate in the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of said Southeast Quarter as bearing S 89"42'Z7" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the South Quarter corner of said Section 31 and run thence S 89042'27" E 1404.99 feet; thence N 00°03'54" E 98.41 feet to the true point of beginning; thence N 83°05'23" W 82.43 feet; thence N 00°00'43" E 1217.45 feet; thence S 89°56'06"E 110.54 feet; thence S 00°03'54" W 777.25 feet; thence along the arc of a 3744.83 foot radius curve to the right a distance of 451.11 feet, the long chord of which bears S 03'30"49" E 450.84 feet to the true point of beginning. Containing 2.9806 acres. Section 3. That the Director of Engineering is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. 0 0 Introduced, considered favorably on first reading, and ordered published this 1st day of August, A.D. 1989, and to be presented for final passage on the 15th day of August, A.D. 1989. r ATTEST: City Cler Passed and adopted on final reading this 15th day of August, A.D. 1989. ATTEST: City Cler • Mayor iiiiN N OWN • IS c W1/� :'t rOffln)JO22a©� WIN, DISC ��1�1� �. r1.....�, ■������i� o �Q1�p1���►'C7�s�r►� ��a 0■ �� aotip �i�� ITaIS owl f MR 119 Ci�1,iC�\�!