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Home My WebLink AboutPHILLIPS ANNEXATION AND ZONING 12/15/1992 CITY COUNCIL HEARING - 47 92, A - REPORTS - FIRST READINGi 9 AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 15 a-c DATE: December 15, 1992 STAFF• Kirsten Whetstone SUBJECT: Items Relating to the Phillips Annexation and Zoning. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 5-0 to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY: A. Resolution 92-179 Setting Forth Findings of Fact and Determinations Regarding the Phillips Annexation and Zoning. B. Hearing and First Reading of Ordinance No. 133, 1992, Annexing Approximately 1.73 Acres, Known as the Phillips Annexation. C. Hearing and First Reading of Ordinance No. 134, 1992, Zoning Approximately 1.73 Acres, Known as the Phillips Annexation, into the H-B, Highway Business, Zoning District, subject to a Planned Unit Development condition. This is a request to annex and zone approximately 1.73 acres located approximately 150' west of I-25 on the north side of Prospect Road. The area to be annexed consists of three parcels with three property owners. The property is currently vacant and zoned C, Commercial in the County. The proposed zoning is H-B, Highway Business, with a Planned Unit Development (PUD) condition. This is the annexation of an enclave area. APPLICANT: City of Fort Collins OWNERS: Phillips Petroleum Co. 210 E. Park Ave. #2400 Oklahoma City, OK 73102 Leroy K. Smith 3500 Carlton Ave. #W52 Fort Collins, CO 80525 K-Z Enterprises 2345 7th St. Denver, CO 80211 DATE: December 15, 1992 2 fEM NUMBER: 15 a-C BACKGROUND: 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 agree to consider for annexation, property in the UGA when the property is eligible for annexation according to State law. Enclave areas become eligible for annexation when they have been completely surrounded, by properties annexed into the City, for at least three years. The area to be annexed has been a county enclave for at least three years and is therefore eligible for annexation. The area became completely surrounded by the City of Fort Collins through the following annexations: N: Interstate Lands First Annexation, April 4, 1989; E: Interstate Lands First Annexation, April 4, 1989; S: Sludge Farm Annexation, June 7, 1988; W: Interstate Lands First Annexation, April 4, 1989. The property became eligible for involuntary annexation into the City on April 4, 1992. On October 1, 1992, staff sent a letter to the property owners informing them of the pending annexation, potential zoning district designation, and the various meeting dates for review by the Planning and Zoning Board and the Fort Collins City Council. There are three parcels in this annexation. The properties are currently vacant. This annexation will not increase the total number of off -premise signs that currently exist in the City of Fort Collins. There are no development plans for these properties at this time. Zoning The property is currently zoned C, Commercial, in the County. The proposed zoning for this annexation is H-B, Highway Business with a Planned Unit Development condition. The surrounding properties to the north, east and west are zoned H-B, with a PUD condition. The property to the south is zoned R-C, River Corridor. The Highway Business Zoning District is for automobile oriented businesses. Findings The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins as 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 annexation to the City of Fort Collins. 3. On November 3, 1992, City Council considered a resolution setting forth the intent to annex this property and initiating the annexation process 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. 4. The requested zoning of H-B, Highway Business, with a PUD condition, is in conformance with the policies of the City's Comprehensive Plan. 'DATE: December 15, 1992 I 3 I EM NUMBER: 15 a-c STAFF RECOMMENDATION: i 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 November 16, 1992, voted 6-0 to recommend approval of the annexation and requested zoning. RESOLUTION 92-179 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE PHILLIPS ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Phillips 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. Thdt the Council of the City of Fort Collins hereby finds that the area proposed to be annexed has been entirely contained within the boundaries of the City for a period of not less than three (3) years prior to this date. Section 2. That the Council hereby finds that the requirements of the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met. Section 3. That the Council further finds and determines that an election pursuant to Sections 31-12-107(2) or 31-12-112(1), C.R.S., is not required. Section 4. That no additional terms and conditions are to be imposed upon the area proposed to be annexed. Section 5. That the Council further finds that notice was given and hearing was held regarding the annexation in accordance with Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 6. That the Council concludes that the area proposed to be annexed in the Phillips 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 15th day of December, A.D. 1992. ayor ATTEST: City Clerk ORDINANCE NO.133, 1992 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE PHILLIPS ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 92-163, stating the intent of the City of Fort Collins to annex certain property and initiating annexation proceedings, has heretofore been adopted; and WHEREAS, the Council of the City of Fort Collins 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 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 Southeast Quarter of Section 16, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of the Southeast Quarter of said Section 16 as bearing N 8°38'25" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 16 and run thence N 8`38'25" W 972.00 feet; and thence N 00°04'55" W 30.00 feet to the true point of beginning; thence N 88°38'25" W 210.00 feet; thence N 00°04'55" W 200.00 feet; thence S 88°38'25" E 410.00 feet; thence S 00°04'55" E 155.00 feet; thence N 88°38'25" W 98.08 feet; thence S 67°08'05" W 109.70 feet; thence N 88°38'25" W 0.75 feet to the point of beginning. Containing 1.7284 acres; be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Phillips 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 15th day of December, A.D. 1992, and to be presented for final passage on the 5th day of January, A.D. 1993. ATTEST: y cier Passed and adopted on final reading this 5th day of January, A.D. 1993. or ATTEST: City Clerk ORDINANCE NO.134, 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 PHILLIPS 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 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 Phillips Annexation to the City of Fort Collins, Colorado, in the H-B, Highway Business, Zoning District: A tract of land situate in the Southeast Quarter of Section 16, Township 7 North, Range 68 West of the 6th P.M., Larimer County, Colorado, which considering the South line of the Southeast Quarter of said Section 16 as bearing N 8°38'25" W and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Southeast corner of said Section 16 and run thence N 8°38'25" W 972.00 feet; and thence N 00°04'55" W 30.00 feet to the true point of beginning; thence N 88°38'25" W 210.00 feet; thence N 00°04'55" W 200.00 feet; thence S 88°38'25" E 410.00 feet; thence S 00°04'55" E 155.00 feet; thence N 88°38'25" W 98.08 feet; thence S 67°08'05" W 109.70 feet; thence N 88'38'25" W 0.75 feet to the point of beginning. Containing 1.7284 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. Section 3. 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 15th day of December, A.D. 1992, and to be presented for final passage on the 5th day of January, A.D. 1993. ayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of January, A.D. 1993. ATTEST: City Clerk 1 i LtmtTS _ . hb 1 ■ It rp I ip ■ a"E*�# 1cl� LOCA to�1 --� h 1-25 hb by L. ou•rr ■ LI !2 i bU1; � out hb P RC IS ■ ■ ■ ITEM: PHILLIPS Annexation & Zoning NUMBER: 47-92, A