HomeMy WebLinkAboutLEMAY AVENUE FIRST ANNEXATION & ZONING - 81-88, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY
ITEM NUMBER: 19 a-c
DATE: April 4, 1989
FORT COLLINS CITY COUNCIL
STAFF: Albertson -Clark
SUBJECT
Items Relating to Lemay Avenue First Annexation and Zoning.
RECOMMENDATION:
Staff recommends adoption of the Resolution and adoption of the Ordinances
on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 89-76 Setting Forth Findings of Fact and Determinations
Regarding the Lemay Avenue First Annexation.
B. Hearing and First Reading of Ordinance No. 58 1989, Annexing
Approximately 3.6 Acres Known as Lemay Avenue First Annexation.
C. Hearing and First Reading of Ordinance No. 59 , 1989, Zoning
Approximately 3.6 Acres Known as Lemay Avenue First Annexation, into
the BP Planned Business District, with a planned unit development
condition.
This is a request to annex and zone approximately 3.6 acres of Lemay Avenue
and Hoffman Mill Road right-of-way, located north of the
Burlington -Northern Railroad tracks to Mulberry Street. The requested
zoning is the BP Planned Business District, with a planned unit development
condition.
APPLICANT: City of Fort Coll ins OWNER: Same
BACKGROUND:
The City of Fort Collins is requesting annexation of approximately 3.6
acres of Lemay Avenue and Hoffman Mill Road right-of-way, located north of
the Burlington -Northern Railroad tracks to Mulberry Street. This property
was acquired by the City with the re -alignment of Lemay Avenue north of the
Cache La Poudre River. 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
-2-
gains the required 1/6 contiguity to existing city limits from a common
boundary with the Riverside-Lemay Annexation to the west and east.
The requested zoning for this annexation is the BP Planned Business
District with a planned unit development condition. The BP District
designation is for areas planned as a unit to provide business services
uses. The planned unit development condition would require development and
redevelopment projects to be reviewed under the criteria contained in the
LAND DEVELOPMENT GUIDANCE SYSTEM. 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 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.
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 with a planned unit
development condition, 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 January 23, 1989 and voted 7-0 to recommend approval of the
annexation and zoning.
RESOLUTION 89-76
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE LEMAY AVENUE FIRST ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated for property
to be known as the Lemay Avenue First 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 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 2. 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 3. 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 4. That the City Council concludes that the area proposed to
be annexed in the Lemay Avenue First 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 4th day of April, A.D. 1989.
ATTEST:
City Clerk
•
ayor
0 •
ORDINANCE NO.58 , 1989
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
LEMAY AVENUE FIRST ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 89-48, 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 Northwest Quarter of Section 10,
Township 7 North, Range 68 West of the 6th P.M., County of
Larimer, State of Colorado, which considering the North line of
the Northwest Quarter of said Section 18 as bearing N 89°04'47" E
and with all bearings contained herein relative thereto, is
contained within the boundary lines which begin at the Northwest
corner of said Section 18 and run thence N 89°04'47" E 329.35
feet; thence S 01°08'09" E 180.64 feet to the true point of
beginning, which point lies on the South right-of-way line of
Highway 14; thence S 89°57'41" E 120.06 feet along said South
right-of-way line; thence S 01°25'50" W 133.29 feet; thence
S 14°18'40" W 133.17 feet; thence S 85*01'11" E 15.20 feet;
thence S 14°18'39" W 235.80 feet; thence S 19°36'04" W 271.15
feet; thence S 75°41'20" E 80 feet; thence along the arc of a
180.00 foot radius curve to the right a distance of 282.74 feet,
the long chord of which bears S 30°41'18" E 254.56 feet; thence
S 14°18'40" W 83.00 feet; thence along the arc of a 120.00 foot
radius curve to the left a distance of 73.85 feet, the long chord
of which bears S 03°19'09" E 72.69 feet; thence S 88°31'47" W
10.56 feet; thence along the arc of a 130.00 foot radius curve to
the left a distance of 74.21 feet, the long chord of which bears
S 35045'10" E 73.21 feet; thence S 37°48'40" W 9.08 feet; thence
along the arc of a 8544.4 foot radius curve to the right a
distance of 112.78 feet, the long chord of which bears
N 54041'30" W 112.78 feet, said curve being on the North
right-of-way of the Burlington Northern Railroad; thence
N 88°36'57" E 3.04 feet; thence along the arc of a 180.00 foot
radius curve to the right a distance of 89.93 feet, the long
chord of which bears N 00°00'06" W 89.00 feet; thence
N 14°18'40" E 83.00 feet; thence along the arc of a 120.00 foot
radius curve to the left a distance of 188.50 feet, the long
chord of which bears N 30°41'20" W 169.71 feet; thence
N 75°41'20" W 80.00 feet; thence S 14°18'40" W 240.98 feet to a
point on the North line of the Burlington Northern Railroad
right-of-way; thence N 53°09'33" W 100.24 feet along said 0
•
right-of-way; thence N 51°34'13" W 8.11 feet along said
right-of-way; thence N 14°18'40" E 254.26 feet; thence
N 75°41'20" W 10.00 feet; thence N 11°11'20" E 275.41 feet.;
thence N 14°18'40" E 207.71 feet; thence N 88°53'14" E 15.51
feet; thence N 14°18'34" E 141.18 feet; thence N 01°25'32" E
116.76 feet to the point of beginning.
Containing 3.6457 acres.
be, and hereby is, annexed to the City of Fort Collins and made a part of
said City, to be known as the Lemay Avenue First 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 tho
Municipal Subdistrict, Northern Colorado Water Conservancy District.
Introduced, considered favorably on first reading, and ordered
published this 4th day of April, A.D. 1989, and to be presented for final
passage on the 18th day of April, A.D. 1980.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of April, A.D. 1989.
ATTEST:
City Clerk
Mayor
Ll
0
ORDINANCE NO.59 , 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
LEMAY AVENUE FIRST 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 Lemay Avenue First
Annexation to the City of Fort Collins, Colorado, in the B-P Planned
Business District:
A tract of land situate in the Northwest Quarter of Section 10,
Township 7 North, Range 68 West of the 6th P.M., County of
Larimer, State of Colorado, which considering the North line of
the Northwest Quarter of said Section 18 as bearing N 89°04'47" E
and with all bearings contained herein relative thereto, is
contained within the boundary lines which begin at the Northwest
corner of said Section 18 and run thence N 89°04'47" E 329.35
feet; thence S O1°08'09" E 180.64 feet to the true point of
beginning, which point lies on the South right-of-way line of
Highway 14; thence S 89°57'41" E 120.06 feet along said South
right-of-way line; thence S O1°25'50" W 133.29 feet; thence
S 14°18'40" W 133.17 feet; thence S 85'01'11" E 15.20 feet;
thence S 14°18'39" W 235.80 feet; thence S 19°36'04" W 271.15
feet; thence S 75°41'20" E 80 feet; thence along the arc of a
180.00 foot radius curve to the right a distance of 282.74 feet,
the long chord of which bears S 30°41'18" E 254.56 feet; thence
S 14°18'40" W 83.00 feet; thence along the arc of a 120.00 foot
radius curve to the left a distance of 73.85 feet, the long chord
of which bears S 03°19'09" E 72.69 feet; thence S 88°31'47" W
10.56 feet; thence along the arc of a 130.00 foot radius curve to
the left a distance of 74.21 feet, the long chord of which bears
S 35°45'10" E 73.21 feet; thence S 37°48'40" W 9.08 feet; thence
along the arc of a 8544.4 foot radius curve to the right a
distance of 112.78 feet, the long chord of which bears
N 54041'30" W 112.78 feet, said curve being on the North
right-of-way of the Burlington Northern Railroad; thence
N 88°36'57" E 3.04 feet; thence along the arc of a 180.00 foot
radius curve to the right a distance of 89.93 feet, the long
chord of which bears N 00°00'06" W 89.00 feet; thence
N 14018'40" E 83.00 feet; thence along the arc of a 120.00 foot
radius curve to the left a distance of 188.50 feet, the long
chord of which bears N 30041'20" W 169.71 feet; thence
N 75°41'20" W 80.00 feet; thence S 14°18'40" W 240.98 feet to a
point on the North line of the Burlington Northern Railroad
right-of-way; thence N 53°09'33" W 100.24 feet along said
right-of-way; thence N 51°34'13" W 8.11 feet along said
0 0
right-of-way; thence N 14°18'40" E 254.26 feet; thence
N 75°41'20" W 10.00 feet; thence N 11°11'20" E 275.41 feet;
thence N 14°18'40" E 207.71 feet; thence N 88°53'14" E 15.51
feet; thence N 14°18'34" E 141.18 feet; thence N O1°25'32" E
116.76 feet to the point of beginning.
Containing 3.6457 acres.
Section 2. That the zoning granted herein is expressly conditioned
upon the entire above -described property being developed as a planned unit
development in accordance with the Ordinances of the City of Fort Collins.
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 4th day of April, A.D. 1989, and to be presented for final
passage on the 18th day of April, A.D. 1989.
ayor
ATTEST:
City Cler
• Passed and adopted on final reading this 18th day of April, A.D. 1989.
ATTEST:
City Clerk
•
ayor
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ITEM LEMAY AVENUE FIRST
ANNEXATION AND ZONING
NUMBER $1-88, a �