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Home My WebLink AboutFLATIRON EAST PROSPECT ROAD FIRST ANNEXATION & ZONING - 28-88, A - REPORTS - FIRST READINGr AGENDA IT& SUMMARY i*M NUMBER: "✓�'� FORT COLLINS CITY COUNCIL DATE: April 19, 1988 STAFF: Ken Waido SUBJECT: Items Relating to the Flatiron East Prospect Road First Annexation and Zoning. RECOMMENDATION: Staff recommends adoption of the Resolution and Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 88- Finding Substantial Compliance and Initiating Annexation Proceedings. B. First Reading of Ordinance No. , 1988, Annexing Approximately 144.498 Acres, Known as the Flatiron East Prospect Road First Annexation. C. First Reading of Ordinance No. , 1988, Zoning Approximately 144.498 Acres, Known as the Flatiron East Prospect Road First Annexation, into the I-G General Industrial District with Conditions as Stated in the Annexation Agreement. APPLICANT: Cottonwood Farms OWNERS: Flatiron Companies P.O. Box 229 Prospect Land Company Boulder, CO same address James G. Milne, Jr. Box 54 Lucerne, CO This is a request to annex and zone approximately 144.498 located south of East Prospect Road and east of the Poudre River. The requested zoning is the I-G General Industrial District. The property is presently developed and utilized for sand and gravel processing operations. Background: • BACKGROUND: The applicant, Cottonwood Farms a Colorado general partnership, on behalf of the owners the Flatiron Companies, the Prospect Land Company and Mr. James G. Milne Jr. of Lucerne, Colorado, has submitted a written petition requesting annexation of approximately 144.498 located south of East Prospect Road and east of the Poudre River. The requested zoning is the I-G General Industrial District. The property is presently developed and utilized for sand and gravel processing operations. 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 Northern Colorado Nature Center First and Second Annexations to the south and east. The City of Fort Collins has desired to annex its Resource Recovery Farm for several years. In order to gain the necessary contiguity to allow the annexation of the Resource Recovery Farm several other properties had to annex into the city. The first properties to annex were owned by the Colorado Board of Agriculture and were annexed under the names Colorado Nature Center First and Second Annexations in 1987. The Flatiron East Prospect Road First Annexation gains its contiguity from the state owned property and will provide the necessary contiguity required for the City to annex its property. The requested zoning for this annexation is the I-G General Industrial District. The I-G District designation allows any business, commercial, industrial or manufacturing use. The property is presently developed and utilized for sand and gravel processing, a use the owner wishes to maintain and expand in the future. According to the City's LAND USE POLICIES PLAN, industrial uses should locate near transportation facilities that offer the required access to the industry but do not exceed the capacity of the existing and future transportation network of the City. This site addresses these locational policies. As indicated above, the property is presently developed and utilized for sand and gravel processing, a use the owner wishes to continue and expand at some point in the future. In an analysis of the requested I-G zone, staff saw no problems with the continuation or expansion of the existing use. Staff, however, identified several potential problems with future uses of the property if zoned I-G, a zone which allows any commercial, business or industrial use. To address the potential problems, staff successfully negotiated two zoning conditions with the applicant and owners of the property as part of an Annexation Agreement which will be signed by the City and the owners (see Attachment B): (1) the first condition defines the "existing use" of the property and indicates that such a use can expand without a requirement of a planned unit development (PUD); and (2) the second condition indicates that any proposed redevelopment of the property from the "existing use" shall be required to be a PUD. Staff believes these conditions satisfy the owners and protect the community in regards to controlling future development. 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 INTER GOVERNMENTAL 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 I-G General Industrial District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning with the signing of the Annexation Agreement defining allowable uses of the property. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board will review this annexation request at their April 25, 1988, meeting and will forward a recommendation to the Council in time for the public hearing and second ordinance readings on June 7, 1988. 0 RESOLUTION 88- OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE FLATIRON EAST PROSPECT ROAD FIRST 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 Flatiron East Prospect Road First 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 Flatiron East Prospect Road First Annexation, more particularly described as situate in the County of Larimer, State of Colorado, to wit: A tract of land situate in Section 21, the SW 1/4 of Section 16, and the NE 1/4 of Section 28, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the West line of the Northwest Quarter of said Section 21 as bearing N 00°17'23" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the West Quarter corner of said Section 21 and run thence N 00017'23" E 2655.47 feet to the Northwest corner of said Section 21; thence N 00°13'43" E 30.01 feet to the North ROW line of East Prospect Road; thence S 88°14'33" E 2485.94 feet along the North ROW line; thence S 00°23'55" W 30.01 feet to a point on the North line of Section 21; thence S 00°23'55" W 574.50 feet; thence S 88014'33" E 160.00 feet; thence S 00°23'55" W 612.55 feet; thence S 57°23'22" W 930.13 feet; thence S 00°23'55" W 730.90 feet; thence N 89°46'32" E 416.84 feet; thence S 01°10'00" W 2111.04 feet; thence S 60°46'09 E 96.74 feet; thence S 03°40'45" W 420.13 feet; thence S 43°15'00" E 285.33 feet; thence S 88035'16" E 135.18 feet; thence S 67°12'45" E 261.63 feet; thence S 01°10'00" W 100.00 feet; thence N 84°44'03" W 242.49 feet; thence N 00°11'10" E 79.12 feet to the South Quarter corner of said Section 21; thence along the South line of the SW 1/4 of said Section 21 N 88°36'03" W 437.56 feet; thence N 01°21'57" E 613.42 feet; thence N 22006'17" W 168.06 feet; thence N 01°10'00" E 1491.85 feet; thence N 30°53'36" W 475.46 feet; thence N 88°26'30" W 1922.03 feet to the point of beginning, less a parcel described as beginning at the Northwest corner of said Section 21, and thence along the North line of the Northwest Quarter of • Section 21 S 88014'33" E 2485.85 feet; thence S 00°2355" W 574.50 feet; thence S 89°16'57" W 311.07 feet to the TRUE POINT OF BEGINNING; thence N 88014'33" W 466.69 feet; thence N 03°54'33" W 560.51 feet; thence S 88014'33" E 466.69 feet; thence S 03°54'33" E 560.51 feet to the POINT OF BEGINNING. Containing 144.498 acres, more or less. 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 April, A.O. 1988. ayor ATTEST: City Clerk • • 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 Flatiron East Prospect Road First 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 • • i ORDINANCE NO. , 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE FLATIRON EAST PROSPECT ROAD FIRST 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 Section 21, the SW 1/4 of Section 16, and the NE 1/4 of Section 28, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the West line of the Northwest Quarter of said Section 21 as bearing N 00°17'23" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the West Quarter corner of said Section 21 and run thence N 00°17'23" E 2655.47 feet to the Northwest corner of said Section 21; thence N 00°13'43" E 30.01 feet to the North ROW line of East Prospect Road; thence S 88°14'33" E 2485.94 feet along the North ROW line; thence S 00°23'55" W 30.01 feet to a point on the North line of Section 21; thence S 00°23'55" W 574.50 feet; thence S 88°14'33" E 160.00 feet; thence S 00°23'55" W 612.55 feet; thence S 57°23'22" W 930.13 feet; thence S 00°2355" W 730.90 feet; thence N 89°46'32" E 416.84 feet; thence S 01°10'00" W 2111.04 feet; thence S 60°46'09 E 96.74 feet; thence S 03040'45" W 420.13 feet; thence S 43°15'00" E 285.33 feet; thence S 88°35'16" E 135.18 feet; thence S 67°12'45" E 261.63 feet; thence S 01*10'00" W 100.00 feet; thence N 84°44'03" W 242.49 feet; thence N 00°11'10" E 79.12 feet to the South Quarter corner of said Section 21; thence along the South line of the SW 1/4 of said Section 21 N 88°36'03" W 437.56 feet; thence N O1°21'57" E 613.42 feet; thence N 22°06'17" W 168.06 feet; thence N O1°10'00" E 1491.85 feet; thence N 30053'36" W 475.46 feet; thence N 88°26'30" W 1922.03 feet to the point of beginning, less a parcel described as beginning at the Northwest corner of said Section 21, and thence along the North line of the Northwest Quarter of Section 21 S 88°14'33" E 2485.85 feet; thence S 00°23'55" W 574.50 feet; thence S 89°16'57" W 311.07 feet to the TRUE POINT OF BEGINNING; thence N 88°14'33" W 466.69 feet; thence N 03054'33" W 560.51 feet; thence S 88°14'33" E 466.69 feet; thence S 03°5433" E 560.51 feet to the POINT OF BEGINNING. Containing 144.498 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 Flatiron East Prospect Road 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. 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 0 0 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 FLATIRON EAST PROSPECT ROAD 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 Flatiron East Prospect Road First Annexation to the City of Fort Collins, Colorado, in the "IG" General Industrial District: A tract of land situate in Section 21, the SW 1/4 of Section 16, and the NE 1/4 of Section 28, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the West line of the Northwest Quarter of said Section 21 as bearing N 00°17'23" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the West Quarter corner of said Section 21 and run thence N 00°1723" E 2655.47 feet to the Northwest corner of said Section 21; thence N 00°13'43" E 30.01 feet to the North ROW line of East Prospect Road; thence S 88°14'33" E 2485.94 feet along the North ROW line; thence S 00°23'55" W 30.01 feet to a point on the North line of Section 21; thence S 00°23'55" W 574.50 feet; thence S 88014'33" E 160.00 feet; thence S 00°23'55" W 612.55 feet; thence S 57°23'22" W 930.13 feet; thence S 00°23'55" W 730.90 feet; thence N 89°46'32" E 416.84 feet; thence S O1°10'00" W 2111.04 feet; thence S 60°46'09 E 96.74 feet; thence S 03040'45" W 420.13 feet; thence S 43°15'00" E 285.33 feet; thence S 88°35'16" E 135.18 feet; thence S 67°12'45" E 261.63 feet; thence S O1°10'00" W 100.00 feet; thence N 84°44'03" W 242.49 feet; thence N 00°11'10" E 79.12 feet to the South Quarter corner of said Section 21; thence along the South line of the SW 1/4 of said Section 21 N 88°36'03" W 437.56 feet; thence N O1°21'57" E 613.42 feet; thence N 22°06'17" W 168.06 feet; thence N O1°10'00" E 1491.85 feet; thence N 30053'36" W 475.46 feet; thence N 88°26'30" W 1922.03 feet to the point of beginning, less a parcel described as beginning at the Northwest corner of said Section 21, and thence along the North line of the Northwest Quarter of Section 21 S 88°14'33" E 2485.85 feet; thence S 00°23'55" W 574.50 feet; thence S 89°16'57" W 311.07 feet to the TRUE POINT OF BEGINNING; thence N 88°14'33" W 466.69 feet; thence N 03054'33" W 560.51 feet; thence S 88°14'33" E 466.69 feet; thence S 03°5433" E 560.51 feet to the POINT OF BEGINNING. Containing 144.498 acres, more or less. Section 2. That the following conditions shall be imposed upon said property: A. The use of the subject property shall be limited to the following Existing Uses: (1) The excavation, delivery and sale of sand, gravel and earth, the manufacturing and sale of construction aggregates and the use of all equipment directly associated with or incidental to such excavation, importation, manufacturing and delivery. (2) The manufacturing, deliver and sale of asphaltic concrete and the use of all equipment directly associated with or incidental to the manufacturing of asphaltic concrete and its delivery and placement. (3) The manufacturing, delivery, placement and sale of ready -mixed concrete and the use of all equipment directly associated with or incidental to the manufacturing of ready -mixed concrete, including but not limited to, concrete mixer trucks and placement equipment. (4) Importation of sand, gravel, crushed stone, asphalt oil, additives to asphalt concrete and ready -mixed concrete, cement, used concrete, used asphalt and all other raw materials directly associated with or incidental to the operations identified herein. (5) Stockpiling of sand, c concrete, used asphalt and associated with or incidental herein, both as raw material product (processed) material. (6) The recycling of sand, concrete, used asphalt and associated with or incidental herein. ravel, crushed stone, used all other materials directly to the operations identified (unprocessed) and as finished gravel, crushed stone, used all other materials directly to the operations identified (7) The maintenance, repair, storage, parking and occasional sale of all equipment either directly associated with or incidental to the operations described herein, or directly associated with or incidental to the construction of roads, bridges, curbs and gutters, and concrete structures. (8) The maintenance, repair, replacement, upgrading and modernization of any and all buildings, plants and equipment directly associated with or incidental to the operations described herein. (9) Office and scale facilities, along with sales, service, estimating and all other activities directly associated with or incidental to the operations described herein. (10) Fuel storage incidental to the operations described herein, including but not limited to, gasoline, diesel, natural gas, propane, c-,mpressed natural gas and coal. (11) All activities directly and indirectly related to the operations described herein. (12) The Existing Use is agreed to be a presently existing legal use, as of the date of annexation. B. Any proposed redevelopment of the property from the Existing Use shall be submitted and reviewed for approval as a Planned Unit Development. Section 3. The zoning shall allow expansion, modernization, additions, updating, increased capacity and the like of the Existing Use, without imposition of any requirement for approval of a Planned Unit Development. Section 4. 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 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 Cler Passed and adopted on final reading this 7th day of June, A.D. 1988. Mayor ATTEST: City Clerk