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
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