HomeMy WebLinkAboutKOLDEWAY ANNEXATION & ZONING - 7-89, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 22 a-c
DATE: March 21, 1989
FORT COLLINS CITY COUNCIL STAFF: Albertson -Clark
SUBJECT:
Items Relating to the Koldeway Annexation and Zoning.
RECOMMENDATION:
Staff recommends adoption of the Resolution and adoption of the Ordinances
on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 89- 61 Setting Forth Findings of Fact and Determinations
Regarding the Koldeway Annexation.
B. Hearing and First Reading of Ordinance No. 44 , 1989, Annexing
Approximately 8.1 Acres Known as the Koldeway Annexation.
C. Hearing and First Reading of Ordinance No. 45 , 1989, Zoning
Approximately 8.1 Acres Known as the Koldeway Annexation, into the BP
Planned Business District.
This is a request to annex and zone approximately 8.1 acres, located at the
northwest corner of I-25 and Harmony Road. The requested zoning is the BP
Planned Business District.
APPLICANT: Arthur T. Koldeway OWNER: Same
6229 Co. Rd. 13
Loveland, CO 80537
BACKGROUND:
The applicant and owner, Arthur T. Koldeway, has submitted a written
petition requesting annexation of approximately 8.1 acres, located
northwest of I-25 and Harmony Road. The property is the site of a
restaurant, furniture store and automobile repair shop. 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
-2-
boundary with the New Note Partnership First Annexation to the north and
west.
The requested zoning for this annexation is the BP, Planned Business
District. The BP District designation is for areas planned as a unit to
provide business services. Permitted uses in this zone are residential
uses and child care centers. Business -related uses would require planned
unit development approval. The proposed zoning is consistent with the
kinds of uses that would be expected to locate at the intersection of a
state highway and an interstate route. The existing uses would become
non -conforming uses at the time of annexation. 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:
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 BP Planned Business 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 March 6, 1989 and voted 7-0 to recommend approval of the
annexation and zoning.
RESOLUTION 89- 61
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE KOLDEWAY ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated for property
to be known as the Koldeway 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 Koldeway 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:
y Lier
•
•
•
ORDINANCE NO. 44, 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
KOLDEWAY ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 89-26, 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 located in the SW 1/4 of Section 34, Township 7
North, Range 68 West of the 6th P.M., of Larimer County,
Colorado, being more particularly described as follows:
Considering the West line of the SW 1/4 of the said Section 34 as
bearing N 00°01'00" E and with all bearings contained herein
relative thereto: Commencing at the SW corner of the said
Section 34, thence along the said South line S 89°37'00" E
1574.35 feet; thence N 00°20'00" E 151.37 feet to a point on the
North right-of-way line of Colorado Highway 68, said point being
the True Point of Beginning; thence N 00°20'00" E 560.50 feet;
thence S 89'40'00" E 715.52 feet to a point on the West
right-of-way line of Interstate Highway 25; thence with said West
right-of-way line S 13011'30" W 524.19 feet to a point on the
North right-of-way line of Colorado Highway 68, thence along said
North right-of-way line S 84°27'00" W 482.40 feet; thence
N 89°40'00" W 119.00 feet to the Point of Beginning; TOGETHER
WITH all of the Grantor's right, title, and interest in and to
that certain "Road Easement" and that certain "Sewer Line
Easement," as more fully described in that certain "Warranty
Deed" dated October 5, 1976, and recorded October 7, 1976, in
Book 1726 at Pages 668-673 of the Larimer County, Colorado
records.
(The street address of which is 4414 East Harmony Road, Fort
Collins, Colorado.)
be, and hereby is, annexed to the City of Fort Collins and made a part of
said City, to be known as the Koldeway 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:
ity Cle
Mayor
Passed and adopted on final reading this 4th day of April, A.D. 1989.
Mayor
ATTEST:
0 City Cler
•
•
ORDINANCE NO. 45, 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
KOLDEWAY 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 Koldeway Annexation to the
City of Fort Collins, Colorado, in the B-P Planned Business District:
A tract of land located in the SW 1/4 of Section 34, Township 7
North, Range 68 West of the 6th P.M., of Larimer County,
Colorado, being more particularly described as follows:
Considering the West line of the SW 1/4 of the said Section 34 as
bearing N 00°01'00" E and with all bearings contained herein
relative thereto: Commencing at the SW corner of the said
Section 34, thence along the said South line S 89°37'00" E
1574.35 feet; thence N 00°20'00" E 151.37 feet to a point on the
North right-of-way line of Colorado Highway 68, said point being
the True Point of Beginning; thence N 00°20'00" E 560.50 feet;
thence S 89040'00" E 715.52 feet to a point on the West
right-of-way line of Interstate Highway 25; thence with said West
right-of-way line S 13°11'30" W 524.19 feet to a point on the
North right-of-way line of Colorado Highway 68, thence along said
North right-of-way line S 84°27'00" W 482.40 feet; thence
N 89°40'00" W 119.00 feet to the Point of Beginning; TOGETHER
WITH all of the Grantor's right, title, and interest in and to
that certain "Road Easement" and that certain "Sewer Line
Easement," as more fully described in that certain "Warranty
Deed" dated October 5, 1976, and recorded October 7, 1976, in
Book 1726 at Pages 668-673 of the Larimer County, Colorado
records.
(The street address of which is 4414 East Harmony Road, Fort
Collins, Colorado.)
Section 2. That the City Engineer is hereby authorized and directed
to amend said Zoning District Map in accordance with this Ordinance.
0
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:
ity Cler
ayor
Passed and adopted on final reading this 4th day of April, A.D. 1989.
ATTEST:
ity Clerk
•
Mayor
■o=
Lo
ITEM KOLDEWAY ANNEXATION &ZONING
NUMBER 7-89, A 0
Excerpt from March 6, 1989 Planning and Zoning Board Meeting
•
Member Groznik moved to recommend approval of the New Note Second
Zoning of IL to City Council with a condition tht a unified PUD master plan
be approed by the Board prior to any development of the site. Member Kern
seconded the motion.
Chairperson O'Dell thought the decision was based on the applicants belief that
the PUD process was too lengthy and would like to recommend guidelines for
the entrance to the City.
Member Groznik stated the applicant would probably come before the Board
with a PUD application, so he did not believe the applicant should be further
burdened, hence his motion.
Member Walker believed the issue was the appearance of the entryway and
there was no other way except a PUD. The Board was restricted to the
recommendation.
Member Edwards said the Board had expressed a desire to develop guidelines
to expedite the matter so the developer would have direction as to how
development along Harmony Road streetscape would occur in the entryway
areas.
Member Kern agreed that the Board desired attractive development in that
area.
Motion passed 6-1. Mr. Burns in the negative.
Koldeway Annexation and Zoning
Member Kern moved to recommend approval to City Council of the Koldeway
Annexation. Member Walker seconded the motion.
Charles Dean, the applicant, stated he asked for BP zoning because he believed
he was constrained with the PUD condition, and that it seems there was no
real criteria under which applicants were judged.
Ms. Clark gave a brief summary. She stated staff recommended approval with
a BP zoning with no PUD condition on the zoning because the BP district does
permit some uses as uses -by -right. Staff has no concerns about those kinds
of uses. Staff felt no need to attach that condition to this particular zone
request.
Motion passed 7-0.
Member Kern moved to recommend approval of the Koldeway Zoning of BP,
Planned Business to City Council. Member Groznik seconded the motion.
Motion passed 7-0.
The meeting adjourned at 8:20 p.m.
•
-8-
ANNEXATION IMPACT REPORT
NAME OF ANNEXATION:
Koldeway 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 are 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. (See 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 presently contains an existing
commercial building with an auto repair service, restaurant and furniture store.
There are no immediate redevelopment plans for the property.
(b) Thcrc is no prc-anncxation 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
and finances such requirements from the City's Oversizing 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.
•
•
0(d) The following districts presently provide service within the above
referenced annexation:
SCHOOL DISTRICT
Poudre R-I School District
FIRE 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 redevelop the property. When
redevelopment occurs, it is anticipated to be developed in commercial and/or
industrial uses. Therefore, there is no impact on the school district.
0
UGA BOUNDARY
0 EXHIBIT A
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