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Home My WebLink AboutLYAL NELSON ANNEXATION & ZONING - 9-89, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 19 a-c DATE: March 21, 1989 FORT COLLINS CITY COUNCIL STAFF• Albertson -Clark SUBJECT: Items Relating to The Lyal Nelson Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Resolution and adoption of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 89- 58 Setting Forth Findings of Fact and Determinations Regarding the Lyal Nelson Annexation. B. Hearing and First Reading of Ordinance No. 38 , 1989, Annexing Approximately 5.3 Acres Known as the Lyal Nelson Annexation. C. Hearing and First Reading of Ordinance No. 39, 1989, Zoning Approximately 5.3 Acres Known as the Lyal Nelson Annexation, into the RLP Low Density Planned Residential District. This is a request to annex and zone approximately 5.3 acres, located 3/4 mile south of Harmony Road, between the Union Pacific Railroad tracks and the Southridge Greens development. The requested zoning is the RLP Low Density Planned Residential District. APPLICANT: Lyal Nelson OWNER: Same 6312 E. Harmony Road Fort Collins, CO 80525 DATE: March 21, 1989 I'll' 1 -2- BACKGROUND: The applicant and owner, Lyal Nelson, has submitted a written petition requesting annexation of approximately 5.3 acres, located 3/4 mile south of Harmony Road, between the Union Pacific Railroad tracks and the Southridge Greens development. This is a voluntary annexation. 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 Fox Ridge Annexation to the west and the Keenland Annexation to the north. the requested zoning for this annexation is the RLP, Low Density Planned Residential District. The RLP District designation is for areas planned as a unit to provide for use and building placement variation. Uses permitted in this zone are limited to single family residential, churches and schools. Any other use would require approval of a PUD. State law requires that within 90 days of when property is annexed, it is given a zoning designation. The proposed zoning is consistent with the City's Comprehensive Plan and the existing zoning in the area. There are no immediate development plans for the property. FINDINGS: 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. The requested RLP Low Density Planned Residential District is in conformance with the policies of the City's Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION• The Planning and Zoning Board heard this request at its regular monthly meeting on February 27, 1989 and voted 7-0 to recommend approval of the annexation and zoning. A01 • RESOLUTION 89- 58 OF IHL COUNCIL OF THE CITY Of [OR] COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE LYAL NELSON ANNEXATION WHEREAS, annexation proceedings were heretofore initiated for property to be known as the Lyal Nelson 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 seekin(It 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 is 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 Lyal Nelson 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. ATTEST: City Clerk 0 Mayor • • ORDINANCE NO. _38, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE LYAL NELSON ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-23, 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 Southeast Quarter of Section 6, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the West line of said Southeast Quarter of Section 6 as bearing N 00°21'27" W, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the South quarter corner of said Section 6, the True Point of Beginning, and run thence N 00621'27" W 1314.50 feet; thence N 89"41'50" E 352.17 feet to a point on the West ROW line of the Union Pacific Railroad; thence S 14°30'38" W 1359.68 feet along the West line of said ROW to a point on the South line of said Section 6; thence S 89°35'31" W 3.29 feet to the Point of Beginning. Containing 5.3633 acres. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Lyal Nelson 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. • u . 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: City Clerk ayor Passed and adopted on final reading this 4th day of April, A.D. 1989. ATTEST: City Clerk • 0 Mayor E • ORDINANCE NO. 39, 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 LYAL NELSON 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 Lyal Nelson Annexation to the City of Fort Collins, Colorado, in the R-L-P Low Density Planned Residential District: A tract of land situate in the Southeast Quarter of Section 6, Township 6 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the West line of said Southeast Quarter of Section 6 as bearing N 00°21'27" W, and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the South quarter corner of said Section 6, the True Point of Beginning, and run thence N 00°21'27" W 1314.50 feet; thence N 89°41'50" E 352.17 feet to a point on the West ROW line of the Union Pacific Railroad; thence S 14°30'38" W 1359.68 feet along the West line of said ROW to a point on the South line of said Section 6; thence S 89°35'31" W 3.29 feet to the Point of Beginning. Containi ection 2. That the zoning granted herein is expressly conditione% on the entire above-o erty being developed as a planned uni development in accordance with the Ord ina —A.he__.City of Fort C 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 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 0 Passed and adopted on final reading this 4th day of April, A.D. 1989. ayor ATTEST: City Clerk rP. J ITEM • 1, M,. LYAL NELSON ANNEXATION NUMBER 9-89, q &ZONING • tI NNEXATION IMPACT REPORT NAME OF ANNEXATION: Lyal Nelson Annexation DATE OF REVIEW BY THE FORT COLLINS CITY COUNCIL: First Reading and Public Hearing - March 21, 1989 Second Reading - April 4, 1989 The purpose of this report is to satisfy the requirements of CRS 31-12-108.5 which indicates a municipality shall prepare an annexation impact report and file a copy of the report with the Board of County Commissioners governing the area proposed to be annexed. Attached to this report arc the following: (al) A map showing the present and proposed boundaries of the City of Fort Collins in the vicinity of the above referenced annexation. The proposed boundaries of the City of Fort Collins are depicted by the Urban Growth Area boundary as agreed to by the Larimer County Board of Commissioners and the Council of the City of Fort Collins and contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. (Sec Exhibit A). (all) A map showing present streets, major water trunk lines, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the above referenced annexation. (Sec, Fort Collins Urban Growth Area Master Street Plan for present and proposed extension of streets, Water Master Plan 1988 for present and proposed extension of water utility lines; Sewer Master Plan 1988 for present and proposed extension of sewer utility lines; and Exhibit B for other utility lines and ditches). (alll) The area of the proposed annexation is vacant. There are no immediate development plans for the property. (b) There is no pre -annexation agreement associated with the above referenced annexation. (c) The City of Fort Collins plans to extend municipal services into the area of the above referenced annexation. The City operates under a "development must pay its own way" philosophy whereby, the cost of needed extensions of infrastructure (utilities and streets) are borne by the developer requiring those extensions. The City participates in any required "oversizing" of infrastructure ar.;; fin r..es such rcquircrvents from the Cit,:'s Ovcrsizing Fee structure. The developer has several optional methods to finance infrastructure extensions including the use of Special Improvement Districts (SIDS). The City also collects fees for the extension and upgrading of storm drainage systems and the purchase and construction of parks and recreational facilities. Other municipal services, such as police protection, arc financed from the City's General Fund. • • W) I'hc hollowing districts presently provide service within the ,Ibocc 40 rcl crenced annexation: SCHOOL DISTRICT Poudre R-1 School District FIRI: DISTRICT Poudre Valley Fire District HOSPITAL DISTRICT Poudre Valley Hospital District PEST CONTROL DISTRICT Larimer County Pest Control SANITATION DISTRICT South Fort Collins Sanitation District WATER DISTRICT Fort Collins -Loveland Water District N. CO Water Conservancy District ELECTRIC POWER Poudre Valley REA, Inc. (f) There are no immediate plans to develop the property. When development occurs, it is anticipated to be developed in single family residential uses. The potential exists for approximately 20 single family units to be developed on this site. Using student generation per housing unit figures provided by the Poudre R-1 School District, which indicate .697 students arc generated by each single-family unit, approximately 14 students will live in the area to be annexed. The capital construction cost to educate these students (at an estimated $9,000 per student) is approximately $126,000. • 11 C7 0 0 UGA BOUNDARY EXHIBIT A X . ... . . . . . . . . . . . . . . ... ......... . "P .......... ................... .......... ......... .... .......... I .......... ........ ... .................... ................... ........... ............ ........... ............ . ............... .... .............. HIGI . .. .... . ....... .. IL FlQL ......... . ........... .. ............ .... . ......... .................. .15 ........ ... . ... ............ ... ............. I. f X. ...... u . . . . . . . . . . ... . . . . . . . 0; . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . APWA6W. 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