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HomeMy WebLinkAboutLINK-N-GREENS THIRD ANNEXATION & ZONING - 49-87D, E - REPORTS - FIRST READINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITE�UMBER: 11 a-c DATE: �anuary 7, 1992 STAFF: Ken Wa i do SUBJEC�• tems Related to the Link-N-Greens Third Annexation and Zoning. RECOMMENDATtON: Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 6-0 to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY: A. : C Resolution 92- 1 Setting Forth Findings of Fact and Determinations Regarding the Link-N-Greens Third Annexation. Hearing and First Reading of Ordinance No. 2 , 1992, Annexing Approximately 44 Acres, Known as the Link-N-Greens Third Annexation. Hearing and First Reading of Ordinance No. 3, 1992, Zoning Approximately 44 Acres, Known as the Link-N-Greens Third Annexation, Into the R-C, River Corridor, Zoning District. This is a request to annex and zone approximately 44 acres located south of East Lincoln Avenue and west of Lemay Avenue. The property is presently developing as a nine hole expansion to the existing Link-N-Greens Golf Course. The property is currently zoned 0-Open in the County. This is a voluntary annexation. APPLICANT: C. A. Musgrave c/o Link-N-Greens 777 E. Lincoln Avenue Ft. Collins, CO 80521 OWNERS: Harold Fisher P.O. Box 561 Ft. Collins, CO 80521 James P. and Ruth Hoffman 2406 Rosewood Lane Ft. Collins, CO 80525 DATE: �anuary 7, 1992 BACKGROUND: EM NUMBER: 11 a-c The applicant, C. A. Musgrave, on behalf of property owners, Harold Fisher and James P. and Ruth Hoffman, has submitted a written petition requesting annexation of approximately 44 acres located south of East Lincoln Avenue and west of Lemay Avenue. The property is presently developing as a nine hole expansion to the existing Link-N-Greens Golf Course. The property is currently zoned 0-Open in the County. This is a voluntary annexation. The existing free-standing commercial sign at the northeast corner of Lemay Avenue and Mulberry Street 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 consider the annexation of 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 common boundaries with the Link-N-Greens Second and Springer Annexations to the west, the Northeast Consolidated Annexation to the north, the Lemay Avenue Second Annexation to the east, and the Highway 14 East Third Annexation to the south. The surrounding zoning and existing land uses are as follows: N: I-L, Limited industrial, mini-warehouses and an undeveloped industrial subdivision E: I-Industrial and C-Commercial (County Zoning), undeveloped S: B-P, Planned Business, undeveloped W: R-C, River Corridor, Wastewater Treatment Plant #1 and the Link-N-Greens Golf Course The requested zoning for this annexation is the R-C, River Corridor District. The R-C District designation is for areas developing within the Downtown River Corridor District of the Cache La Poudre River which includes recreational uses, such golf courses. Other uses within this particular area are guided by the POUDRE RIVER TRUST LAND USE POLICIES PLAN. The property is presently developing as an expansion to the Link-N-Greens Golf Course. The golf course use was approved for the property by the Larimer County Board of Commissioners through the County's Special Use Review process under the current 0-Open zoning. The annexation of the property was a condition of approval by the County Commissioners. Findinqs 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. On November 19, 1991, the City Council approved a resolution which accepted the annexation petition and determined that the petition is in compliance with State law. The resolution also initiated 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. 3 4. The requested R-C District is in conformance with the policies of the City's Comprehensive Plan. 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 of November 18, 1991, voted 6-0 to recommend approval of the annexation and requested R-C zoning. A copy of the Board's minutes is attached. • • RESOLUTION 92-1 � OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE LINK-N-GREENS THIRD ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Link-N-Greens Third Annexation; and WHEREAS, following Notice given as required by law, the 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 Council of the City of Fort Collins hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the 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 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 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 Council concludes that the area proposed to be annexed in the Link-N-Greens Third Annexation is eligible for annexation to the City and should be so annexed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 7th day of January, A.D. 1992. a'L�]il ATTEST: City Cler � • • ORDINANCE N0. 2 , 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE LINK-N-GREENS THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 92- , finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINEO 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 Southeast Quarter of Section 12, Township 7 North, Range 69 West and the Southwest Quarter of Section 7, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the East Line of said Southeast Quarter of Section 12 as bearing N 00°16'16" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 12, and run thence N 00°16'16" E 75.00 feet to the true point of beginning; thence N 89°56'40" W 127.10 feet along the North right-of-way line � of Mulberry Street; thence leaving said North right-of-way line of Mulberry Street, along the arc of a 1013.60 foot radius curve to the left a distance of 545.57 feet, the long chord of which bears N 19°36'17" W 539.01 feet; thence along the arc of a 487.50 foot radius curve to the right a distance of 40.04 feet, the long chord of which bears N 32°40'17" W 40.03 feet; thence along the arc of a 512.50 foot radius curve to the left a distance of 124.73 feet, the long chord of which bears N 37°17'25" W 124.42 feet; thence along the arc of a 1023.60 foot radius curve to the left a distance of 10.86 feet, the long chord of which bears N 44°33'58" W 10.86 feet; thence N 22°08'42" E 399.89 feet; thence along the arc of a 769.68 foot radius curve to the left a distance of 560.76 feet, the long chord of which bears N 56°02'15" W 548.48 feet; thence N 00°17'p7" E 199.88 feet; thence N 69°51'37" W 195.09 feet; thence N 06°15'25" E 969.52 feet to the North line of the Southeast Quarter of said Section 12; thence along said North line S 89°42'32" E 723.44 foot; thence leaving said North line S 10°30'56" W 351.29 feet; thence S 71°37'43" E 198.01 feet; thence N 87°47'O1" E 138.68 feet; thence along a 931.12 foot radius curve to the right a distance of 417.25 feet, the long chord of which bears S 11°22'09" E 413.66 feet; thence S O1°32'04" W 1744.86 feet; thence S 89°59'33" W 227.32 feet to the point of beginning. Containing 43.9606 acres. � • • � be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Link-N-Greens Third Annexation. Section 2. That, in annexing said property to the City, the City 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. Section 3. That the City 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 7th day of January, A.D. 1992, and to be presented for final passage on the 21st day of January, A.D. 1992. Mayor � ATTEST: City Cler Passed and adopted on final reading this 21st day of January, A.D. 1992. Mayor --- - _ - ATTEST: City Cler � • • ORDINANCE N0. 3 , 1992 � OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING DISTRICT MAP CONTAINED IN CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE LINK-N-GREENS THIRD ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY TNE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning District Map adopted pursuant to 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 Link-N-Greens Third Annexation to the City of Fort Collins, Colorado, in the R-C, River Corridor District: A tract of land situate in the Southeast Quarter of Section 12, Township 7 North, Range 69 West and the Southwest Quarter of Section 7, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the East Line of said Southeast Quarter of Section 12 as bearing N 00°16'16" E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 12, and run thence N 00°16'16" E 75.00 feet to the true point of beginning; thence N 89°56'40" W 127.10 feet along the North right-of-way line of Mulberry Street; thence leaving said North right-of-way line of Mulberry Street, along the arc of a 1013.60 foot radius curve to the left a distance of 545.57 feet, the long chord of which bears N � 19°36'17" W 539.01 feet; thence along the arc of a 487.50 foot radius curve to the right a distance of 40.04 feet, the long chord of which bears N 32°40'17" W 40.03 feet; thence along the arc of a 512.50 foot radius curve to the left a distance of 124.73 feet, the long chord of which bears N 37°17'25" W 124.42 feet; thence along the arc of a 1023.60 foot radius curve to the left a distance of 10.86 feet, the long chord of which bears N 44°33'58" W 10.86 feet; thence N 22°08'42" E 399.89 feet; thence along the arc of a 769.68 foot radius curve to the left a distance of 560.76 feet, the long chord of which bears N 56°02'15" W 548.48 feet; thence N 00°17'07" E 199.88 feet; thence N 69°51'37" W 195.09 feet; thence N 06°15'25" E 969.52 feet to the North line of the Southeast Quarter of said Section 12; thence along said North line S 89°42'32" E 723.44 foot; thence leaving said North line S 10°30'56" W 351.29 feet; thence S 71°37'43" E 198.01 feet; thence N 87°47'O1" E 138.68 feet; thence along a 931.12 foot radius curve to the right a distance of 417.25 feet, the long chord of which bears S 11°22'09" E 413.66 feet; thence S O1°32'04" W 1744.86 feet; thence S 89°59'33" W 227.32 feet to the point of beginning. Containing 43.9606 acres. Section 2. That the Director of Engineering 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 7th day of January, A.D. 1992, and to be presented for final passage on the 21st day of January, A.D. 1992. ATTEST: ty Cle Mayor Passed and adopted on final reading this 21st day of January, A.D. 1992. � ATTEST: City Cler Mayor r1 L_J • � � � ���, � ,. � V L�-� �� � ��,�� � C_�^_ ��'p1� n��ii���l ���■ 4��.■ . .� � � � O IP �{ A I i IP � � �•4 I . L� � OUT � , • . ��� / 1 / ; � Rc \�: ., ; .l �. � .�� a ���s a� f ': � �o t � �.�. � . = = o r.�. �� a o0 ��� 00 0 0 �ii x _ _�w= . '�: . •�- � � � ■ � .. ..�, . :..:.. _ ._ �� - ITEM: NUMBER: ' � I .; —' I I � a�� � ` ■ �.�-�' .� ■ ���$i r Il��' � � t � � ��� �f, '� _=. � - �� � - • �. • • ` �. . , - � -,:.� - - bp a _ : L I �� % \� , �� .�.. �. _ ._ �-:_�.. LINK 'N GREENS THIRD ANNEXATIDN & ZONING 49-87D, E �J :2, � i ■ > i I ■ �� IW � ;i ' � • \ i� U i RLP � . ��= ._! ��C �� :� , � �' Bl � � I �►��` � �L ��;� „ � � �,� � ,. �. . ,� � I � �-.. ■ ■ : . . I I. . . I �. . , � � , ;� ■ � ,,I � � : � _ � � �;�-1■ ■ 1� I �I �-. _! _� ; ; �C � � - t.: � �� �. W`a 4y � / .i �.,�4` ■ / t,t.. � I I i �}�.� .�. � � ; � � r-� u - , 1' � � � � U PLANNING AND ZONING BOARD MEETIN6 MINUTES November 18, 1991 The regular meeting of the Planning and Zoning Board began at 6:40 p.m. in the Council Chambers of City Hall West, 300 LaPorte Avenue, Fort Collins, Colorado. Board members present included Chairman Bernie Strom, Vice-Chair Lloyd Walker, Joe Carroll, Jim Klataske, Laurie 0'Dell, and Renee Clements-Cooney. Member Jan Cottier was absent. Staff inembers present include Planning Director Tom Peterson, Sherry Albertson- Clark, Kerrie Ashbeck, Steve Olt, Ken Waido, Janet Meisel, Deputy City Attorney Paul Eckman, and Georgiana Taylor. Mr. Peterson presented the Consent Agenda which consisted of: Item 1- Eagle Lake Subdivision, County Referral, �3-91A; Item 2- Vacation of Utility Easement, #PZ91-13; Item 3- Yacation of Ut9lity, Drainage and Access Easements, �PZ91-15; Item 4- Centre for Advanced Technology� Eighth Filing� Final PUO, Two Year Extension, #53-85K; Item 5- Centre for Advanced Technology, Seventh Filing, Final PUD, One Year Extension, �53-85S; and Item 6- Link-N-Greens Third Annexation and Zoning, �49-87 D,E. Mr. Peterson then presented the Discussion Agenda which included: Item 7- Poudre Valley Hospital Final, #39-84D; Item 8- Blevins Subdivision, Lot 9 PUD, Preliminary, #42-91, which was continued to the December 16 meeting; Item 9- Riverside Shopping Center, Rezoning, �37-90; and Item 10 - Prospect Corridor Streetscape Design Program, �Y49-91. Chairman Strom asked if there was anyone from the Board, audience or staff that wished to pull a Consent Agenda item for discussion. Member Walker stated that he would like to pull Item 6, Link-N-Greens Third Annexation and Zoning. Member Carroll moved to approve Consent Agenda Items 1, 2, 3, 4, and 5. Member 0'Oell seconded the motion. The motion to approve carried 6-0. LINK-N-GREENS THIRO ANNEXATION AND ZONING -#49-87 D,E requirements would be met. Member Walker stated that this property had already begun development according to County specifications. He asked that, when this was annexed, if the City would have a final review of the plan. He stated that he had concerns with the appearance of the streetscape along Lemay Avenue and that the City's landscaping Ken Waido stated that the site plan and the development of the golf course was approved by the Board of County Commissioners through the Special Review Process in the 0-Open zone. He stated that there was nothing technically or legally that the City could do in terms of reviewing the proposed golf course expansion. He stated that the applicant was under no obligation to anything above and beyond � ! � .� . what was approved by the County. He stated that Staff would attempt to have discussions with the applicant and the developers to require them to have some � additional street tree planting along Lemay Avenue. Mr. Peterson stated that this annexation indicated to the City that there was a gap in the requirements of the Urban Growth Area Agreement. The City intends to close the gap with the new review of the UGA Agreement. Member Walker reiterated his concerns that the developer would consider the City's requirements on streetscapes and provide an attractive appearance and with the City standards. Chairman Strom opened the proposal for public input. Harold Fisher, property owner along Lemay Avenue, stated that a golf course in this area would be better than alfalfa and wheat fields. Chairman Strom closed the public input portion of the meeting at this time. Member Carroll moved to approve the Link-N-Greens Third Annexation and Zoning. Member Walker seconded the motion. Member Walker emphasized that while he believed a golf course would be an improvement, he had concerns that the process showed a weakness in the system. 4e stated that he hoped the developers would be aware of the standards that the City had and would respond in a manner that would show that they were good citizens of the community. The motion to approve carried 6-0. POUDRE VALLEY HOSPITAL - FINAL - �Y39-84D Sherry Albertson-Clark gave a description of the proposed project recommending approval. She added that a conditon of preliminary approval was that "A note clarifying the future use and procedures required for changes of use of eight residential properties along the north side of Pitkin Street be added to the final site plan." The proposed site plan note appears as follows: "The existing residential structures on Lots 1-9, Highlander Heights First Subdivision, ("the lots") are included as part of the Poudre Va11ey Hospital Amended PUD. The use of the existing structures on these lots is limited to single family residential dwellings and occupancy of said structures must meet the definition of "family" as defined in Section 29-1 of the Code of the City of Fort Collins ("Code"). The exterior of these structures shall remain residential in character. Any change to the residential character of said structures and/or change in use of the lots or such structures shall be considered to be a major change under the Code and shall be permitted only if such change is submitted to and approved by the City as a PUD in accordance with Section 29-526 {the Land Development Guidance System) of the Code of the City of Fort Collins, or as an amendment to this PUD under Section 29-526 of the Code. Demolition of the existing structures on the lots shall be � •