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HomeMy WebLinkAboutSKYVIEW LTD. ANNEXATION & ZONING - 10-89, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 23 a-c FORT COLLINS CITY COUNCIL DATE: March 21, 1989 STAFF: Ken Wa i do SUBJECT: Items Pertaining to the Skyview Ltd. 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 89- 62 Setting Findings of Fact and Determinations Regarding the Skyview Ltd. Annexation. B. Hearing and First Reading of Ordinance No. 46 , 1989, Annexing Approximately 42 Acres, Known as the Skyview Ltd. Annexation. C. Hearing and First Reading of Ordinance No. 47 , 1989, Zoning Approximately 42 Acres, Known as the Skyview Ltd. Annexation, into the B-P, Planned Business, Zoning District with a PUD Condition. This is a request to annex and zone approximately 42.0 acres located west of South College Avenue and north of the Skyview Subdivision. The requested zoning is the B-P, Planned Business Zoning District with a PUD condition. The property is presently undeveloped. The property is currently zoned C-Commercial and FA -Farming in the County. This is a voluntary annexation. APPLICANT: James P. Ryan OWNER: Same 1355 S. Colorado Blvd. Denver, CO 80222 BACKGROUND: The applicant and owner, James P. Ryan, has submitted a written petition requesting annexation of approximately 42.0 acres located west of South College Avenue and north of the Skyview Subdivision. The requested zoning is the B-P, Planned Business Zoning District with a PUD condition. The property is presently undeveloped. The property is currently zoned C-Commercial and FA -Farming in the County. This is a voluntary annexation. Any existing commercial signs on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. DATE: March 21, 1989 - 1-2- ITEM NUMBER: 23 a-c 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 property gains the required 1/6 contiguity to existing city limits from a common boundary with the West Fossil Creek Annexation to the north. The surrounding zoning and existing land uses are as follows: N: B-P, undeveloped. E: C-Commercial, various commercial uses. S: C-Commercial and FA -Farming, commercial and residential subdivision. W: FA-1-Farming, undeveloped residential subdivision. The requested zoning for this annexation is the B-P, Planned Business District with a PUD condition. The B-P District designation is for areas planned as a unit to provide business services while still protecting surrounding residential areas. The PUD zoning condition will require all development proposals on the property to be reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. The property will probably eventually develop with a combination of retail commercial and service office uses. According to the City's LAND USE POLICIES PLAN, commercial and business uses should locate near transportation facilities that offer the required access to the uses but will not create demands which exceed the capacity of the existing and future transportation network of the city. This site addresses these locational policies. There are no immediate development plans for the 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. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. On February 7, 1989, the City Council approved a resolution accepting the annexation petition and determining that the petition is 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. Public hearing and first reading of the Ordinances annexing and zoning the property were set to be considered by the City Council on March 21, 1989. 4. The requested B-P Planned Business District is in conformance with the policies of the City's Comprehensive Plan. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On February 7, 1989, the City Council approved a resolution accepting the annexation petition and determining that the petition is 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. Public hearing and first reading of the Ordinances annexing and zoning the property were set to be considered by the City Council on March 21, 1989. 4. The requested B-P Planned Business District is in conformance with the policies of the City's Comprehensive Plan. STAFF 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 held on February 27, 1989, voted 7-0 to recommend approval of the annexation and requested zoning as part of the Board's Consent Agenda. • RESOLUTION 89-62 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE SKYVIEW LTD. ANNEXATION WHEREAS, annexation proceedings were heretofore initiated for property to be known as the Skyview Ltd. Annexation; and WHEREAS, following Notice given as required by law, the City 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 City Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the City 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. Section 3. That the City 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 City 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 City Council concludes that the area proposed to be annexed in the Skyview Ltd. Annexation 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 21st day of March, A.D. 1989. Mayor ATTEST: City Cler C� ORDINANCE NO. 46, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE SKYVIEW LTD. ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-28, 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 County of Larimer, State of Colorado, to -wit: That portion of North one-half of Northeast quarter of Section 11, Township 6 North, Range 69 West of the 6th P.M., lying East of the East line of the right-of-way of C & S Railroad, EXCEPT that portion described in Deed to the Department of Highways, State of Colorado, recorded in Book 1066 at page 204, described as follows: Beginning at a point on the North line of Section 11, Township 6 North, Range 69 West from which the Northeast corner of Section 11 bears N 88*35' E, 75.0 feet; thence S 0°57' W, 610.5 feet; thence along the arc of a curve to the left, having a radius of 22,995.0 feet, 345.5 feet, (the chord of this arc bears S 0*31' W 345.5 feet) to the South line of the Northeast quarter of the Northeast quarter of Section 11; thence along the South line of the Northeast quarter of the Northeast quarter of Section 11, N 89*29' E 84.1 feet, to the East line of Section 11; thence along the East line of Section 11 N 0025'30" E 1322.9 feet to the Northeast corner of Section 11; thence along the North line of Section 11, S 88*35' W 75.0 feet, more or less, to the point of beginning. County of Larimer, State of Colorado. EXCEPT the following described parcel: A tract of land situate in the Northeast 1/4 of Section 11, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of said Northeast 1/4 as bearing N 88°39' E and with all bearings contained herein relative thereto, begins at a point on the West line of Colorado State Highway No. 1, which bears S 88°39' W 75.00 feet, and again S 00*52' W 1039.36 feet from the Northeast corner of said Section 11, and runs thence S 00°52' W 269.57 feet along said West highway line; thence S 89°21' W 280.10 feet; thence N 00*52' E 276.98 feet; thence S 89*08' E 280.00 feet to the point of beginning. • be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Skyview Ltd. 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 of Fort Collins 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 21st day of March, A.D. 1989, and to be presented for final passage on the 4th day of April, A.D. 1989. ATTEST: mayor City Clerk • Passed and adopted on final reading this 4th day of April, A.D. 1989. ATTEST: Mayor City Clerk 0 0 ORDINANCE NO. 47 , 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 SKYVIEW LTD. 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 Skyview Ltd. Annexation to the City of Fort Collins, Colorado, in the B-P Planned Business District: A tract of land situate in the County of Larimer, State of Colorado, to -wit: That portion of North one-half of Northeast quarter of Section 11, Township 6 North, Range 69 West of the 6th P.M. , lying East of the East line of the right-of-way of C & S Railroad, EXCEPT that portion described in Deed to the Department of Highways, State of Colorado, recorded in Book 1066 at page 204, described as follows: Beginning at a point on the North line of Section 11, Township 6 North, Range 69 West from which the Northeast corner of Section 11 bears N 88*35' E, 75.0 feet; thence S 0057' W, 610.5 feet; thence along the arc of a curve to . the left, having a radius of 22,995.0 feet, 345.5 feet, (the chord of this arc bears S 0*31' W 345.5 feet) to the South line of the Northeast quarter of the Northeast quarter of Section 11; thence along the South line of the Northeast quarter of the Northeast quarter of Section 11, N 89*29' E 84.1 feet, to the East line of Section 11; thence along the East line of Section 11 N 0°25'30" E 1322.9 feet to the Northeast corner of Section 11; thence along the North line of Section II, S 88°35' W 75.0 feet, more or less, to the point of beginning. County of Larimer, State of Colorado. EXCEPT the following described parcel: A tract of land situate in the Northeast 1/4 of Section 11, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of said Northeast 1/4 as bearing N 88*39' E and with all bearings contained herein relative thereto, begins at a point on the West line of Colorado State Highway No. 1, which bears S 88*39' W 75.00 feet, and again S 00*52' W 1039.36 feet from the Northeast corner of said Section 11, and runs thence S 00*52' W 269.57 feet along said West highway line; thence S 89°21' W 280.10 feet; thence N 00°52' E 276.98 feet; thence S 89°08' E 280.00 feet to the point of beginning. Section 2. That the City Engineer is hereby authorized and directed . to amend said Zoning District Map in accordance with this Ordinance. 0 1% Introduced, considered favorably on first reading, and ordered published this 21st day of March, A.D. 1989, and to be presented for final passage on the 4th day of April, A.D. 1989. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of April, A.D. 1989. ATTEST: ity Cler • • Mayor ITEM SKYVIEWNTIOND.& ZONING NUMBER 10-89 0 Resolution 89- Finding Substantial Compliance and Initiating Annexation Proceedings for the Skyview Ltd. Annexation. Staff recommends adoption of the Resolution. The applicant and property owner, James P. Ryan, has submitted a written petition requesting annexation of approximately 42.0 acres located west of College Avenue and north of the Skyview Subdivision. The proposed Resolution makes a finding that the petition substantially complies with the Municipal Annexation Act, determines that a hearing should be established regarding the annexation, and directs that notice to be given of the hearing. The hearing will be held at the time of first reading of the annexation and zoning ordinances. Not less than thirty days of prior notice is required by Colorado law. 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 property gains the required 1/6 contiguity to existing city limits from a common boundary with the West Fossil Creek Annexation to the north. Planning and Zoning Board Recommendation: The Planning and Zoning Board will conduct a public hearing on the request for annexation and zoning at its regular monthly meeting on February 27, 1989, and will make its recommendation at that time. The Board's recommendation will be forwarded to the City Council in time for the public hearing and first readings of the annexation and zoning ordinances. EXHIBIT A OUNTRv �zc u UGA BOUNDARY JOJ.\'aJ�ILc••�•• ....��..... •y• vA •• ` 's `� _ _ � rr- Jam,.• .r.\� .{ i � •`' .._.�. l j4 •.J•i � . �J •"�.J .i 4• . r..•.'. •. •. ..•.'. •. y; '�'�. •'•. .. co�N _. W WT• y�� i. •+a+l� IRS' HIGHWAY A J .'�''''' ;•; •� � R 8 :�'. .'�;.•. .Teti'' .� '.' �� \ '' tel: '..�: �•.•.•.•: .'.•.'.'.'..; . • 2 S.Z. .^�;� •.. X. TRILBY RO CO. RID • EXHIBIT� 8 = f -- UGA BOUNDARY �` N L �..• .I ri. . j . .Q4• , HIGHWAY 4 _ ,.�. is .�::: i . +r� .. �+ 1 -4ILBY =o ■ co. 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