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HomeMy WebLinkAboutHARMONY 6TH ANNEXATION & ZONING - 12-89, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 9 DATE: May 2, 1989 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Items Related to the Harmony Annexation No. 6 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 89-97 Setting Forth Findings of Fact and Determinations Regarding the Harmony Annexation No. 6 Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 79 , 1989, Annexing Approximately 80.79 Acres, Known as the Harmony Annexation No. 6. C. Hearing and First Reading of Ordinance No. 80 , 1989, Zoning Approximately 80.79 Acres, Known as the Harmony Annexation No. 6, Into 6.33 acres of I-L, Limited Industrial District with a PUD condition; and 74.47 acres of T-Transition District. This is a request to annex and zone approximately 80.79 acres located south of Harmony Road and west of Timberline Road. The requested zonings are: (1) 6.33 acres (D. L. & G. property) of I-L, Limited Industrial District with a PUD condition; and (2) 74.47 acres (Franz property) of T-Transition District. This is the annexation of an enclave area. About 6.33 acres (D. L_ & G. ownership) of the property is presently developed as a warehouse. The remaining 74.47 acres(Franz ownership) are undeveloped. 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: D. L. & G. Partnership 1409 Longs Peak Fort Collins, CO 80521 vvVL/7��c Pauline L. Franz Colorado Nat'l Bank of Denver P.O. Box 5168 Denver, CO 80217 DATE: May 2, 1989 1W -2- WEM NUMBER: 9 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 annex property in the UGA when the property is eligible for annexation according to State law. The area to be annexed is a county enclave. The following annexations to the City of Fort Collins created the enclave: N: Harmony Annexation No. 2, September 6, 1977 E: Harmony Annexation No. 2, September 6, 1977 South Harmony Annexation, February 4, 1986 S: South Harmony Annexation, February 4, 1986 W: Keenland Annexation, August 19, 1980 Harmony Annexation No. 2, September 6, 1977 This area has thus been eligible for involuntary annexation into the city since February 4, 1989. On February 24, 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. On March 10, 1989, staff sent another to the D. L. & G. Partnership informing them the I-L Zoning for their property would contain a PUD condition. Staff has discussed the annexation proposal with representatives of the Franz property. Staff has received no subsequent contact from the D. L. & G. Partnership. Zoning. The requested zonings for this annexation are: (1) 6.33 acres (D. L. & G. property) of I-L, Limited Industrial District with a PUD condition; and (2) 74.47 acres (Franz property) of T-Transition District. The I-L District designation is for light industrial uses. The portion of the property to be zoned 1-L is currently developed as warehouse. Warehouses are a listed use -by -right in the I-L Zone. However, warehouses are only allowed in the I-L Zone if a site plan for the use was approved by the City's Director of Planning. Since the existing warehouse was constructed in the County, it will be a legal non -conforming use when annexed into the city. The warehouse could be enlarged through the "change to a non -conforming use" process which requires a public hearing before the Planning and Zoning Board. A PUD could also be proposed for changes of use or building enlargements. The T-Transition District is for properties which are in a transitional stage as to ultimate development. There are no known development plans for the Franz property. 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. No Text RESOLUTION 89-97 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE HARMONY ANNEXATION NO. 6 WHEREAS, annexation proceedings were heretofore initiated for property to be known as the Harmony Annexation No. 6; and WHEREAS, following Notice given as required by law, the City Council has held a hearing on said Annexation. NOW, THEREFORE, BE I1 RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City of Fort Collins for a period of not less than three (3) years prior to this date. Section 2. That the City 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 City 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 City 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 City Council concludes that the area proposed to be annexed in the Harmony Annexation No. 6 is eligible for annexation to the City of Fort Collins and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 2nd day of May, A.D. 1989. ATTEST: City Clerk • ayor so 40 ORDINANCE NO.79 , 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HARMONY ANNEXATION NO. 6 TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-64, 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 of Fort Collins 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 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 Northeast Quarter of Section 6, Township 6 North, Range 68 West of the 6th P.M., Larimer County, State of Colorado, which considering the East line of said Northeast Quarter as bearing S 00°30'12" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at that Northeast corner of said Section 6, and run thence S 00°30'12" E 170.00 feet to the true point of beginning, which point lies on the East line of said Northeast Quarter; thence run along said East line S 00°30'12" E 2430.79 feet to the East one -quarter corner of said Section 6; thence along the East-West centerline of said Section 6 N 8905938" W 1738.53 feet; thence N 14°22'30" E 1354.59 feet; thence S 89°54'15" W 25.82 feet; thence N 14024106" E 919.98 feet; thence along the arc of a 3894.83 foot radius curve to the left a distance of 316.80 feet, the long chord of which bears N I1°52'34" E 316.71 feet; thence S 81"32'02" E 199.69 feet; thence along the arc of a 5830.00 Foot radius curve to the left a distance of 25.90 feet, the long chord of which bears S 84°37'10" E 25.90 feet; thence along the arc of a 5830.00 foot radius curve to the left a distance of 513.36 feet, the long chord of which bears S 87°16'10" E 513.20 feet; thence N 82029'20" E 52.08 feet; thence N 82029'20" E 134.02 feet; thence S 89°47'25" E 112.90 feet; thence S 45°07'40" E 71.10 feet; thence S 89°47'25" E 29.00 feet to the true point of beginning. Containing 80.7896 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. 6. L7 so . 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 2nd day of May, A.D. 1989, and to be presented for final passage on the 16th day of May, A.D. 1989. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of May, A.D. 1989. Mayor ATTEST: City Clerk 40 ORDINANCE NO. 80, 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. 6 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 following portion of the property known as the Harmony Annexation No. 6 to the City of Fort Collins, Colorado, in the I-L Limited Industrial District: A parcel of land situate in the Northeast Quarter of Section 6, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, more particularly described as follows: Commencing at the Northeast corner of said Section 6; thence N 89*58' W 869.52 feet along the North line of said Section 6; thence S 08°40'49" W 123.70 feet to the True Point of Beginning, said point being on the Southerly line of Colorado Highway No. 68 and 300.0 feet distant Easterly, measured radially from the centerline of the main track of the Fort Collins Branch of the Union Pacific Railroad Company, as now constructed and operated, said point also being the beginning of a non -tangent curve concave Northwesterly, the center of which bears N 80°27'28" W 4,119.83 feet; thence Southwesterly along said curve through a central angle of 4°46'28", an arc distance of 343.30 feet; thence S 14°19' W 866.44 feet to a point on the South line of the North half of the Northeast Quarter of said Section 6; thence West along said South line a distance of 232.21 feet to a point 75.0 feet distant Southeasterly, measured at right angles from said centerline of the main track; thence N 14*19' E 923.86 feet; thence along a tangent curve concave Northwesterly having a radius of 3,894.83 feet, through a central angle of 4°42'38", an arc distance of 320.21 feet to a point on said Southerly line of Colorado Highway No. 68; thence S 81°08'30" E 199.19 feet along said Southerly line of Highway 68; thence along a tangent curve concave Northerly having a radius of 5,830.0 feet through a central angle of 0°15'16", an arc distance of 25.90 feet to the True Point of Beginning. Containing 6.33 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 following portion of the property known as the Harmony Annexation No. 6 to the City of Fort Collins, Colorado, in the l Transition District: A parcel of land situate in the Northeast Quarter of Section 6, Township 6 North, Range 68 West of the 6th P.M., Larimer County, is 00 *0 • Colorado, which considering the East line of said Northeast Quarter as bearing S 00°30'12" E, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast corner of said Section 6 and run thence S 00°30'12" E 170.00 feet to the True Point of Beginning; thence S 00°30'12" E 2430.79 feet to the East quarter corner of said Section 6; thence N 89°59'38" W 1738.53 feet along the South line of said Northeast Quarter of Section 6 to a point on the East Right -of -Way line of the Union Pacific Railroad; thence N 14022'29" E 1348.95 feet along said East Right -of -Way line to a point on the South line of the North half of said Northeast Quarter of Section 6; thence S 89°54'54" E 205.93 feet along the South line of the North half of said Northeast Quarter of Section 6; thence N 14°24'06" E 866.44 feet; thence along the arc of a 4,119.83 foot radius curve to the left a distance of 343.30 feet, the long chord of which bears N 12°00'52" E 343.21 feet, to a point on the South line of Colorado Highway No. 68; thence along the arc of a 5,830.00 foot radius curve to the left a distance of 513.37 feet, the long chord of which bears S 87°16'10" E 513.20 feet; thence N 82°29'20" E 52.08 feet; thence N 82°29'20" E 134.02 feet; thence S 89°47'25" E 112.90 feet; thence S 45°07'40" E 71.10 feet; thence S 89°47'25" E 29.00 feet to the Point of Beginning; excepting therefrom existing road rights -of -way now of record. Containing 74.4727 acres. Section 3. That the City Engineer 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 2nd day of May, A.D. 1989, and to be presented for final passage on the 16th day of May, A.D. 1989. ayor ATTEST: City Cler Passed and adopted on final reading this 16th day of May, A.D. 1989. ATTEST: City Clerk U ayor 09 • 0 ITEM HARMONY SIXTH ANNEXATION AND ZONING NUMBER 12-89,A