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HomeMy WebLinkAboutK 2 ANNEXATION AND ZONING 7.15.97 CITY COUNCIL HEARING - 51 91B - REPORTS - SECOND READINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: Items Relating to the K-2 Enclave Annexation and Zoning. RECOMMENDATION: ITEM NUMBER: 32 A-B DATE: July 15, 1997 STAFF: Bob Blanchard Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY: 14a210 or 'JQ-z lam/Q/ 6-1c- A. Second Reading of Ordinance No. 110, 1997, Annexing Property Known as the K-2 Annexation to the City of Fort Collins, Colorado. B. Second Reading of Ordinance No. 111, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the K-2 Annexation to the City of Fort Collins, Colorado. On July 1, 1997, Council unanimously adopted Resolution 97-99 Setting Forth Findings of Fact and Determinations Regarding K-2 Annexation. On July 1, 1997, Council also adopted by a vote of 5-1, Ordinance No. 110, 1997, and unanimously adopted Ordinance No. 111, 1997, which annex and zone an enclave area of approximately 29.7 acres in size, located east of I-25, 1/4 mile north of Vine Drive and south of the Larimer and Weld Canal. The site includes a wholesale distribution business, boat and RV storage and agricultural feed sales on three separate parcels of land. The recommended zoning is I, Industrial. APPLICANT: City of Fort Collins OWNERS: David Ball HUB Enterprises P.O. Box 2307 Fort Collins. CO 80522-2307 Frank A. Just 1050 Greenfield Court Fort Collins. CO 80524 A. L. Gilbert Company P. 0. Box 38 Oakdale, CA 95361 ORDINANCE NO. 110, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE K-2 ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 97-73, 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 SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, WHICH CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 AS BEARING NOO°05' 15"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 3 AND RUNS THENCE S89055'35"E - 33.30 FEET TO THE TRUE POINT OF BEGINNNG. SAID POINT ALSO BEING A POINT OF THE BOUNDARY OF THE BUCKEYE FARMS INC. AND HAROLD D. EINARSEN ANNEXATION TO THE CITY OF FORT COLLINS, THENCE ALONG SAID ANNEXATION S89055'35"E - 796.12 FEET, THENCE S15031'06"E - 318.00 FEET THENCE S63036'06"E - 340.00 FEET TO A POINT ON THE FRONT RANGE FARMS II ANNEXATION TO THE CITY OF FORT COLLINS, THENCE ALONG SAID ANNEXATION S00021'00"W - 868.97 FEET, THENCE N89039'00"W - 699.97 FEET, THENCE N00021'00"W - 300.00 FEET, THENCE N89035'00"W - 480.67 FEET TO A POINT ON THE HIGHWAY I-25 FIRST ANNEXATION TO THE CITY OF FORT COLLINS, THENCE ALONG SAID ANNEXATION N00021'00"E - 503.39 FEET, THENCE N00002'00"W - 517.40 FEET TO THE POINT OF BEGINNING. CONTAINING 29.6778 ACRES. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the K-2 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. C, 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 ("the Subdistrict"). Upon inclusion into the Subdistrict, said property shall be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict. Introduced, considered favorably on first reading, and ordered published this 1 st.day of July, A.D. 1997, and to be presented for final passage on the 15th d y July, A.D.,. 1997. aor ATTEST: City Clerk Passed and adopted on final reading this 15th day of July, A.D. 1997. Mayor ATTEST: City Clerk C ORDINANCE NO. 111, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING DISTRICT MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE K-2 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 Division 1.3 of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the K-2 Annexation to the City of Fort Collins, Colorado, in the I, Industrial Zoning District. Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and amended by showing that the above -described property is not included in the Residential Neighborhood Sign District. Section 3. That the Director of Community Planning and Environmental Services 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 1 st day of July, A.D. 1997, and to be presented for final passage on the :15th day of July, . 1997. Mayor / ATTEST. City Clerk Passed and adopted on final reading this 15th day of July, A.D. 1997. Mayor ATTEST: City Clerk AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL SUBJECT: Items Relating to the K-2 Enclave Annexation and Zoning. RECOMMENDATION: ITEM NUMBER: 27 A-C DATE: July 1, 1997 STAFF: Bob Blanchard Staff recommends adoption of the Resolution and of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 97-99 Setting Forth Findings of Fact and Determinations Regarding K-2 Annexation. B. Hearing and First Reading of Ordinance No. 110, 1997, Annexing Property Known as the K-2 Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 111, 1997, Amending the Zoning District Map of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the K-2 Annexation to the City of Fort Collins, Colorado. This is an annexation and zoning of an enclave area of approximately 29.7 acres in size, located east of I-25, 1/4 mile north of Vine Drive and south of the Larimer and Weld Canal. The site includes a wholesale distribution business, boat and RV storage and agricultural feed sales on three separate parcels of land. The recommended zoning is I, Industrial. APPLICANT: City of Fort Collins OWNERS: David Ball HUB Enterprises P.O. Box 2307 Fort Collins, CO 80522-2307 Frank A. Just 1050 Greenfield Court Fort Collins, CO 80524 DATE: July 1, 1997 2 ITEM NUMBER: 27 A-C A. L. Gilbert Company P. O. Box 38 Oakdale, CA 95161 BACKGROUND: The surrounding zoning and land uses are as follows: N: I, Industrial; single family residence and outbuildings E: I, Industrial; vacant S: I, Industrial; vacant W: LMN, Low Density Mixed Use Neighborhood (across I-25); vacant The K-2 property is approximately 29.7 acres in size and is located east of I-25, 1/4 mile north of Vine Drive and south of the Larimer and Weld Canal. It is located within the Fort Collins Urban Growth Area (UGA). According to policies and agreements between the City of Fort Collins and Larimer County, contained in the INTERGOVERNNI IENTAL 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, for at least three years, by properties that are within the City limits. The area to be annexed has been an enclave for at least three years and is therefore, eligible for annexation. The area became completely surrounded through the following annexations: N: Buckeye Farms, Inc. and Harold D. Einarsen Annexation - October 18, 1988 E: Buckeye Farms, Inc. and Harold D. Einarsen Annexation - October 18, 1988 S: Front Range Farms II Annexation - January 19, 1988 W: Allen, Lind, Moore Annexation - February 21, 1984 This area became eligible for involuntary annexation into the City on October 18, 1991. In 1992, an enclave annexation of the area was proposed by City staff. The Planning and Zoning Board recommended approval of the annexation and zoning into the I-L, Limited Industrial District with a PUD condition. The City Council declined to annex the property at that time due to concerns raised by the property owners about property taxes, sales taxes and storm drainage fees. Upon annexation, property taxes are adjusted by adding the City's mill levy and removing the Poudre Fire Authority's mill levy. Purchases made by businesses within the annexation would have to include City sales tax. Business expansions would require payment of the City use tax and storm drainage fees would be assessed for the property, based on the amount of impervious area and existing land uses. There are several issues related to enclave annexation areas that warrant the City considering their annexation. First is the desirability to consolidate the provision of public safety services. While fire service is provided by Poudre Fire Authority in both the enclave areas and the City, police services are not. The second issue is the ability to avoid confusion among the property owners, surrounding property owners and the City or County. Probably the biggest issue here again relates to the provision of public safety services. People often don't realize that they are actually located in the County when they are surrounded by City property. The third issue pertains to the likelihood of D3 ITEM NUMBER: 27 A-C ATE: July 1, 1997 development occurring under County regulations instead of the City's. The intergovernmental agreement between the City of Fort Collins and Larimer County only applies to those land use decisions requiring an action by the Board of County Commissioners. In the case of the K-2 annexation, continued industrial development could occur within the County through the issuance of building permits for uses permitted within the County's Industrial zoning district. The site includes a wholesale distribution business, two buildings being used for boat and RV storage, and agricultural feed sales on three separate parcels. Parcel one is owned by Matrix Investment Corporation, who uses the existing building for office and warehouse space for a wholesale distribution business. Parcel twvo is owned by Frank?.. Just and contains the boat and RV storage use. Parcel three is owned by the A. L. Gilbert Company and the building on this parcel is occupied by Fort Collins Feed. The annexation will not create any non -conforming uses nor will there be any non -conforming signs. This annexation will not increase the total number of off -premise signs that currently exist in the City. This property is currently zoned I, Industrial (along frontage road) and FA-1, Farming (remainder of the area) in Larimer County. The proposed zoning for this annexation is the I, Industrial Zoning District. The Industrial District is intended to provide a location for a variety of work processes and work places such as manufacturing, warehousing and distributing, indoor and outdoor storage and a wide range of commercial and industrial operations. The surrounding area is zoned I, Industrial to the north, east and south and LMN, Low Density Mixed Use Neighborhood to the west across I- 25. The Industrial District designation is consistent with the City Structure Plan and is compatible with the existing uses and surrounding zoning. Alan Krcmarik, the City's Financial Officer has prepared a discussion paper outlining general financial issues that will impact properties annexed into the City (attached). This memorandum identifies the primary differences in taxation, permitting requirements and licensing between the City of Fort Collins and Larimer County. In addition, Dennis Sumner, from Light and Power, has prepared a memorandum addressing conversion of electrical power in annexation areas from Public Service Company to Light and Power (also attached - please note that this memorandum includes information specific to the Bredero Price property which IS NOT PART OF this annexation). FINDINGS OF FACT/CONCLUSION: 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 by the City of Fort Collins. ;. The requested I, Industrial Zoning District is in conformance with the City Structure Plan. DATE: July 1, 1997 JI 4 ( ITEM NUMBER: 27 A-C RECOMMENDATION: Staff recommends approval of the K-2 Annexation and I, Industrial Zoning. PLANNING AND ZONING BOARD RECOMMENDATION: At its regularly scheduled meeting on May 20, 1997, the Planning and Zoning Board voted 4-0 to recommend denial of the proposed annexation and zoning. The recommendation for denial was based on the location of the property on the fringe of the City limits and urban growth area as well as a perceived lack of development pressure that would result in new development occurring on these properties. 101