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HomeMy WebLinkAboutMCCLANAHAN FIRST ANNEXATION & ZONING - 76-88C, D - REPORTS - FIRST READINGAlk AGENDA ITEM SUMMARY ITEM NUMBER: 21 a-c DATE: April 4, 1989 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Items Related to the McClanahan First 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 89-77 Setting Forth Findings of Fact and Determinations Regarding the McClanahan First Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 62 1989, Annexing Approximately 9.1 Acres, Known as the McClanahan First Annexation. C. Hearing and First Reading of Ordinance No. 63 , 1989, Zoning Approximately 9.1 Acres, Known as the McClanahan First Annexation, Into the B-P, Planned Business, Zoning District with a PUD Condition. This is a request to annex and zone approximately 9.1 acres located west of South College Avenue and south of the REA Building, 1/4 mile south of Harmony Road. The requested zoning is the B-P, Planned Business District with a PUD condition. The property is presently undeveloped. The property is currently zoned T-Tourist in the County. This is a voluntary annexation. APPLICANTS: Fred R. & Dorothy L. McClanahan OWNERS: Same 5001 South College Avenue Fort Collins, CO 80525 BACKGROUND The applicants and owners, Fred R. and Dorothy L. McClanahan, have submitted a written petition requesting annexation of approximately 9.1 acres located west of South College Avenue and south of the REA Building, 1/4 mile south of Harmony Road. The requested zoning is the B-P, Planned Business District with a PUD condition. The property is presently undeveloped. The property is currently zoned T-Tourist in the County. This is a voluntary annexation. Any existing commercial signs on the -2- property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. 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 Fairway Estates Business Annexation to the east and the Mill First and Second Annexations to the south. The surrounding zoning and existing land uses are as follows: N: C-Commercial and B-Business County zoning, REA Office Building. E: B-L, Limited Business, partially developed commercial subdivision. S: B-P, Planned Business, Mill Brothers Nursery. W: FA-1, Farming, 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 property will probably eventually develop with a mixture of retail and service office uses. According to the City's LAND USE POLICIES PLAN, commercial uses should locate in areas where adequate transportation facilities can be provided but the uses will not generate traffic beyond the capacity of the existing or future transportation network of the city. This site addresses these locational policies. The property is presently being processed as a planned unit development for the location of a furniture warehouse. The PUD condition will require all development proposals to be reviewed against the criteria of THE LAND DEVELOPMENT GUIDANCE SYSTEM. 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. On February 21, 1989, the City Council approved a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates 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 will be considered by the City Council on April 4, 1989. 4. The requested B-P, Planned Business District is in conformance with the policies of the City's Comprehensive Plan. -3- STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting on March 27, 1989, voted 7-0 to recommend approval of the annexation and requested zoning as part of the Board's Consent Agenda. RESOLUTION 89-77 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE McCLANAHAN ANNEXATION WHEREAS, annexation proceedings were heretofore initiated for property to be known as the McClanahan 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 McClanahan 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. Mayor ATTEST: City Clerk • 0 ORDINANCE NO.62 , 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE McCLANAHAN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 89-50, 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 Northeast 1/4 of Section 2, Township 6 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said Section 2 as bearing N 00*47' E and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2; thence along said East line N 00°47' E 2681.70 feet; thence N 88*45' W 48.40 feet to the Point of Beginning, said point being on the West right-of-way line of U.S. Highway No. 287 and also on the West line of Fairway Estates Business Annexation; thence along said West line N 00°48'35" E 433.99 feet; thence departing from said West line N 88*45' W 913.46 feet to the East right-of-way line of the Burlington Northern Railroad, said right-of-way line being 100.00 feet from the centerline of the said railroad; thence S 00*53' W 433.98 feet along the said East right-of-way line to a point on the North line of Mill Second Annexation, thence along said North line S 88°45' E 694.02 feet to the Northwest corner of Mill First Annexation; thence along the North line of said Mill First Annexation 220.00 feet to the Point of Beginning. The above -described tract contains 9.1034 acres more or less. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the McClanahan 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. 1�1 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 4th day of April, A.D. 1989, and to be presented for final passage on the 18th day of April, A.D. 1989. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of April, A.D. 1989. ATTEST: City Clerk • ayor • ORDINANCE NO. 63, 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 McCLANAHAN 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 McClanahan Annexation to the City of Fort Collins, Colorado, in the B-P Planned Business District: A tract of land located in the Northeast 1/4 of Section 2, Township 6 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said Section 2 as bearing N 00°47' E and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2; thence along said East line N 00°47' E 2681.70 feet; thence N 88*45' W 48.40 feet to the Point of Beginning, said point being on the West right-of-way line of U.S. Highway No. 287 and also on the West line of Fairway Estates Business Annexation; thence along said West line N 00°48'35" E 433.99 feet; thence departing from said West line N 88°45' W 913.46 feet to the East right-of-way line of the Burlington Northern Railroad, said right-of-way line being 100.00 feet from the centerline of the said railroad; thence S 00°53' W 433.98 feet along the said East right-of-way line to a point on the North line of Mill Second Annexation, thence along said North line S 88°45' E 694.02 feet to the Northwest corner of Mill First Annexation; thence along the North line of said Mill First Annexation 220.00 feet to the Point of Beginning. The above -described tract contains 9.1034 acres more or less. 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. �1 L_J • • 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. ATTEST: mayor City Clerk Passed and adopted on final reading this 18th day of April, A.D. 1989. ATTEST: Mayor City Clerk • is ITEM MCCLANAHAN FIRST ANNEXATION AND ZONING NUMBER 76-$$ 0