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Home My WebLink AboutHIGHWAY 14 EAST THIRD ANNEXATION & ZONING - 25-89, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 7 a-c FORT COLLINS CITY COUNCIL DATE: September 5, 1989 STAFF: Linda Ripley SUBJECT: Items Relating to Highway 14 East Third Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Resolution and the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 89-156 Setting Forth Findings of Fact and Determinations Regarding the Highway 14 East Third Annexation. B. Hearing and First Reading of Ordinance No. 121 , 1989, Annexing Approximately 2.6 Acres Known as Highway 14 East Third Annexation. C. Hearing and First Reading of Ordinance No. 122 , 1989, Zoning Approximately 2.6 Acres Known as Highway 14 East Third into RC River Corridor District. This is a request to annex and zone approximately 2.6 acres of Highway 14 right of way located east of the Wastewater Treatment Plant. The requested zoning is RC River Corridor District. This is a voluntary annexation. APPLICANT: State Department of Highways OWNER: Same Division of Highways State of Colorado By: Robert L. Clevenger Chief Engineer BACKGROUND: The State Department of Highways, applicant and owner, has submitted a written petition requesting annexation of approximately 2.6 acres of Highway 14 right of way located east of the Wastewater Treatment Plant. 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. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the First Fisher-Lemay Annexation to the east. DATE: September 5, 1989 -2- ITEM NUMBER: 7 a-c—_-_.____ Th t d f th' t' th RC Rver Corridor District r e equea z s oning V. is annexa ion ii s The property consists entirely of State Highway right of way. There is no developable land associated with this annexation. State law requires that land being annexed must be zoned. 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 RC River Corridor District is in conformance with the policies of the City's Comprehensive Plan. The Planning and Zoning Board heard the request at its regular monthly meeting on June 26, 1989, and voted 4-0 to recommend approval of the annexation and RC River Corridor Zoning. RESOLUTION 89-156 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE HIGHWAY 14 EAST THIRD ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Highway 14 East Third 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 Highway 14 East Third 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 5th day of September, A.D. 1989. ATTEST: City Cler • ayor ORDINANCE N0.121 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HIGHWAY 14 EAST THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-156, 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 Sections 7 and 18, Township 7 North, Range 68 West, and in Sections 12 and 13, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the South line of the Southeast Quarter of said Section 12 as bearing N 89°56'40" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 12 and run thence S 00°24'20" W 175.00 feet to the true point of beginning, thence N 89056'40" W 129.15 feet, thence N 00049'39" E 250.13 feet, thence S 89°56'40" E 127.13 feet to a point on the East line of the Southeast Quarter of said Section 12, thence S 89°55'02" E 327.58 feet, thence S O1°08'08" E 250.00 feet, thence N 89056'41" W 334.13 feet to the point of beginning. Containing 2.6348 acres. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Highway 14 East Third 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. 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. F ll 0.; iy 4' • Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 1989, and to be presented for final passage on the 19th day of September, A.D. 1989. or ATTEST: City Clerk 1989. Passed and adopted on final reading this 19th day of September, A.D. ATTEST: City Clerk • r � Mayor ORDINANCE NO. 122, 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 HIGHWAY 14 EAST THIRD 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 Highway 14 East Third Annexation to the City of Fort Collins, Colorado, in the RC River Corridor District: A tract of land situate in Sections 7 and 18, Township 7 North, Range 68 West, and in Sections 12 and 13, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the South line of the Southeast Quarter of said Section 12 as bearing N 89°56'40" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 12 and run thence S 00024'20" W 175.00 feet to the true point of beginning, thence N 89056'40" W 129.15 feet, thence N 00°49'39" E 250.13 feet, thence S 89°56'40" E 127.13 feet to a point on the East line of the Southeast Quarter of said Section 12, thence S 89°55'02" E 327.58 feet, thence S 01°08'08" E 250.00 feet, thence N 89°56'41" W 334.13 feet to the point of beginning. Containing 2.6348 acres. Section 2. That the City Engineer is hereby authorized and directed to amend -,aid 7nnina District MaD in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 1989, and to be presented for final passage on the 19th day of September, A.D. 1989. ayor ATTEST: City Clerk 0 0 1989. Passed and adopted on final reading this 19th day of September, A.D. ATTEST: Mayor City Clerk • m