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HomeMy WebLinkAboutNORTHERN COLORADO NATURE CENTER 3RD ANNEXATION & ZONING - 33-88, A - REPORTS - FIRST READINGAGENDA ITE'S SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: ITO NUMBER: w G DATE: April 19, 1988 STAFF: Ken Waido Items Relating to the Northern Colorado Nature Center Third Annexation. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: A. Resolution 88- Finding Significant Compliance and Initiating Annexation Proceedings. B. First Reading of Ordinance No. 1988, Annexing Approximately 13.861 Acres, Known as the Northern Colorado Nature Center Third Annexation. C. First Reading of Ordinance No. , 1988, Zoning Approximately 13.861 Acres, Known as the Northern Colorado Nature Center Third Annexation, into the T-Transitional District. APPLICANT: State Board of Agriculture Room 202 Administration Building Colorado State University Fort Collins,. CO 80523 This is a request to annex and zone north of East Drake Road (extended) requested zoning is the T-Transitional undeveloped and is part of a natural annexation. BACKGROUND: OWNER: Same approximately 13.1861 acres located and east of the Poudre River. The District. The property is presently open space area. This is a voluntary The applicant and owner, the State Board of Agriculture, has submitted a written petition requesting annexation of approximately 13.1861 acres located north of East Drake Road (extended) and east of the Poudre River. The requested zoning is the T-Transitional District. The property is presently undeveloped and is part of a natural open space area. This is a voluntary annexation. -2- 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 Flatiron East Prospect Road First Annexation to the west. The requested zoning for this annexation is the T-Transitional District. The T District designation is for properties in transition from a rural to an urban use. The property is presently undeveloped and is part of a natural open space area, a use which will probably not change in the near future. As with other state owned properties recently annexed into the City of Fort Collins the State Board of Agriculture has requested the following be added as conditions of the annexation: "Petitioner specifies as a condition of the proposed annexation that the proposed annexation in no sense shall be interpreted as: 1. Conveying to said City any right, title, or interest in the property so annexed; 2. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property; 3. Granting any right to apply the provision of any municipal ordinance, and specifically any building code, zoning code, or licensing ordinance, upon the above described property so long as title thereof ,shall remain in the State Board of Agriculture and the property continues to be used for educational, research, extension and related support services. Provided, however, that the jurisdiction of the City of Fort Collins shall extend over the property annexed in so far as it relates to the application of: a. City traffic ordinances; b. City ordinances relating to police enforcement of the traffic code, City 'ordinances relating to offenses against the person, offenses against public peace, offenses relating to morals, offenses relating to public health, and safety; 4. The jurisdiction of the Municipal court is extended to include violations of ordinances included in the foregoing items 1 and 2 of this paragraph occurring on the lands so annexed; providing, however, that nothing contained in the annexation ordinances shall be construed to limit the authority of the University officials, to exercise the authority provided in C.R.S. 23-5-106 and C.R.S. 23-5-107." -3- 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 attached resolution 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 second reading of the Ordinances annexing and zoning the property will be considered by the City Council on June 7, 1988. 4. The requested T-Transitional District is in conformance with the policies of the City's Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board will review this annexation request on April 25, 1988, and will forward a recommendation to the City Council in time for the public hearing and second readings of the Ordinances scheduled for June 7, 1988. RESOLUTION 88- OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE NORTHERN COLORADO NATURE CENTER THIRD ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Northern Colorado Nature Center Third Annexation; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Northern Colorado Nature Center Third Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in the South Half of Section 21 and the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, which considering the South line of the Southwest Quarter of said Section 21 as bearing S 88°36'03" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the South Quarter corner of said Section 21 and run thence S 00°11'10" W 79.12 feet; thence S 84°44'03" W 242.49 feet to the true point of beginning; thence N O1010'00" E 100.00 feet; thence N 67°12'45" W 261.63 feet; thence N 88°35'16" W 135.18 feet; thence N 43°15'00" W 285.33 feet; thence N 03°40'45" E 420.13 feet; thence S 60°46'09" E 1326.28 feet; thence S 01°10'00" W 446.09 feet; thence N 88°09'08" W 103.97 feet; thence N 69°49'10" W 43.63 feet; thence N 62°08'03" W 521.00 feet to the true point of beginning. Containing 13.1861 acres. Section 2. That the City Council hereby finds and determines that the annexation petition and accompanying map are in substantial compliance with the Municipal Annexation Act, and desires to initiate annexation proceedings in accordance with law. Section 3. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 19th day of May, A.D. 1988. ayor ATTEST: City Clerk 0 • NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Northern Colorado Nature Center Third Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on June 7, 1988, at the hour of 6:30 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 Laporte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation. At such hearing, any persons may appear and present such evidence as they may desire. Dated this 19th day of April, A.D. 1988. City Clerk ORDINANCE NO. , 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE NORTHERN COLORADO NATURE CENTER THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 88- 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 South Half of Section 21 and the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, which considering the South line of the Southwest Quarter of said Section 21 as bearing S 88°36'03" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the South Quarter corner of said Section 21 and run thence S 00°11'10" W 79.12 feet; thence S 84044'03" W 242.49 feet to the true point of beginning; thence N O1°10'00" E 100.00 feet; thence N 67°12'45" W 261.63 feet; thence N 88°35'16" W 135.1.8 feet; thence N 43°15'00" W 285.33 feet; thence N 03°40'45" E 420.13 feet; thence S 60°46'09" E 1326.28 feet; thence S O1°10'00" W 446.09 feet; thence N 88°09'08" W 103.97 feet; thence N 69°49'10" W 43.63 feet; thence N 62°08'03" W 521.00 feet to the true point of beginning. Containing 13.1861 acres. be, and hereby is, annexed to the City of Fort Collins and made a part of said city, to be known as the Northern Colorado Nature Center Third 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, in accordance with the additional conditions contained in the Petition for Annexation, the annexation of said property shall in no sense be interpreted as: a. Conveying to the City of Fort Collins any right, title or interest in the property so annexed; b. Conveying any right to establish new streets or extend existing streets upon or across said property; or to construct utility lines of any kind upon or across said property; and c. Granting any right to apply the provisions of any municipal ordinance, and specifically any building code, zoning code or licensing ordinance, upon said property, so long as title thereof shall remain in the State Board of Agriculture and the property continues to be used for educational, research, extension and related support services; PROVIDED, HOWEVER, that the jurisdiction of the City of Fort Collins shall extend over the property annexed insofar as it relates to the application of: (i) City traffic ordinances; and (ii) City ordinances relating to police enforcement of the traffic code, City ordinances relating to offenses against the person, offices against public peace, offenses relating to morals, and offenses relating to public health and safety. The jurisdiction of the Municipal Court is extended to include violations of ordinances included in the foregoing Paragraph c (i) and (ii) occurring on said property; provided, however, that nothing contained in the annexing ordinances shall be construed to limit the authority of the university officials to exercise the authority provided in Sections 23-5-106 and 23-5-107, C.R.S. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 1988, and to be presented for final passage on the 7th day of June, A.D. 1988. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of June, A.D. 1988. ayor ATTEST: City Clerk ORDINANCE NO. , 1988 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 NORTHERN COLORADO NATURE CENTER THIRD 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 Northern Colorado Nature Center Third Annexation to the City of Fort Collins, Colorado, in the "T" Transitional District: A tract of land situate in the South Half of Section 21 and the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado, which considering the South line of the Southwest Quarter of said Section 21 as bearing S 88°36'03" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the South Quarter corner of said Section 21 and run thence S 00°11'10" W 79.12 feet; thence S 84044'03" W 242.49 feet to the true point of beginning; thence N O1010'00" E 100.00 feet; thence N 67°12'45" W 261.63 feet; thence N 88°35'16" W 135.18 feet; thence N 43°15'00" W 285.33 feet; thence N 03°40'45" E 420.13 feet; thence S 60°46'09" E 1326.28 feet; thence S O1010'00" W 446.09 feet; thence N 88009'08" W 103.97 feet; thence N 69°49'10" W 43.63 feet; thence N 62°08'03" W 521.00 feet to the true point of beginning. Containing 13.1861 acres. Section 2. That the City Engineer is hereby authorized and directed to amend said Zonina District Mao in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 1988, and to be presented for final passage on the 7th day of June, A.D. 1988. Mayor ATTEST: City Clerk • Passed and adopted on final reading this 7th day of June, A.D. 1988. Mayor ATTEST: City Clerk