HomeMy WebLinkAboutK 2 ANNEXATION AND ZONING 7.01.97 CITY COUNCIL HEARING - 51 91B - REPORTS - FIRST READINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT:
Items Relating to the K-2 Enclave Annexation and Zoning.
ITEM NUMBER: 27 A-C
DATE: July 1, 1997
STAFF: Bob Blanchard
3ECOMMENDATION:
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 v"
HUB Enterprises P 3
P.O. Box 2307
Fort Collins, CO 80522-2307
Frank A. Just
1050 Greenfield Court
Fort Collins, CO 80524
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VICINITY MAP 06/16/97
#51-9113 K-2 ANNEXATION AND ZONING
1"=1000'
Article 4, Districts Division 4.23, Industrial District
DlyisioN 4.23 INDUSTRIAL DISTRICT (I)
(A) Purpose.. 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 Industrial District also
accommodates complementary and supporting uses such as convenience
shopping, child care centers, and housing. While these Districts will be
linked to the city's transportation system for multiple modes of travel, some
may emphasize efficient commercial trucking and rail traffic as needed.
Industrial and manufacturing processes used in this District may, by
necessity, be characteristically incompatible with residential uses.
(B) Permitted Uses.
(1) The following uses are permitted in the I District, subject to building
permit review, provided that such uses are located on lots that are
part of an approved site -specific development plan:
(a) Accessory/Mi iscellaneous Uses:
1. Accessory buildings.
2. Accessory uses.
(b) Any use authorized pursuant to a site specific development
plan that was processed and approved in compliance with the
Zoning Code in effect on March 27, 1997 (the date
immediately preceding the effective date of this Land Use
Code), provided that such use shall be subject to all of the use
and density requirements and conditions of said site specific
development plan.
(c) Any use which was permitted for a specific parcel of property
pursuant to the Zoning District regulations in effect for such
parcel on March 27, 1997; and which physically existed upon
such parcel on March 27, 1997, provided, however, that such
existing use shall constitute a permitted use only on such
parcel of property.
City of Fort Collins Is
Land Use Code Article 4, Page 134 Effective March 28, 1997
. Article 4, Districts
Division 4. 23, Indxnrial District
(2) The following uses are permitted in the I District, subject to
administrative review:
(a) Institutional/Civic/Public
Uses:
1.
Public and private' schools, including colleges,
universities, vocational and technical training.
2.
Public facilities.
3.
Community facilities.
4.
Parks, recreation and other open lands.
5.
Transit facilities with or without outdoor repair and
storage.
6.
Places of worship or assembly.
•
(b) CommerciaVRetail Uses:
1.
Offices, financial services, and clinics.
2.
Plumbing, electrical and carpenter shops.
3.
Artisan and photography studios and galleries.
4.
Retail stores with vehicle servicing.
5.
Minor vehicle repair establishments.
6.
Major vehicle repair establishments.
7.
Equipment, truck, trailer rental establishments.
8.
Parking lots and parking garages (as principal use).
9.
Plant nurseries and production greenhouses.
10.
Health and membership clubs.
SCity oJFort Collins
Land Use Code
Article 4, Page 135 Effective March 28, 1997
Article 4, Districts Division 4.23, Industrial District
11. Veterinary facilities, small animal clinics .
12. Clubs and lodges.
13. Frozen food lockers.
14. Enclosed mini -storage facilities.
15. Equipment rental without outdoor storage.
16. Gasoline stations.
17. Drive-in restaurants (only if part of a convenience
shopping center).
(c) Industrial Uses:
1. Warehouses.
2. Light industrial uses.
3. Heavy industrial uses.
4. Research laboratories.
5. Recycling facilities.
6. Workshops and custom small industry uses.
7. Recreational vehicle, boat and truck storage.
(d) Accessory/Miscellaneous Uses:
1. Satellite dish antennas greater than thirty-nine (39)
inches in diameter.
2. Wireless telecommunication equipment.
3. Wireless telecommunications facilities.
City of Fort Collins
Land Use Code Article 4, Page 136 Effective .Warch 28, 1997
I9 Article 4, Districts
KI
City ofFort Collins
Land Use Code
Division 4.23, Industrial District
(3) The following uses are permitted in the I District, subject to review
by the Planning and Zoning Board:
(a) Residential Uses:
1.
Mixed use dwelling units.
2.
Long term care facilities.
3.
Boarding and rooming houses.
(b) Institutional/Civic/Public Uses:
1.
Hospitals.
2.
Cemeteries.
3.
Jails, detention, and penal centers.
4.
Golf courses.
(c) Commercial/Retail. None of the following permitted
commercial/retail uses shall exceed twenty-five thousand
(25,000) square feet in gross floor area:
1.
Animal boarding.
2.
Standard and fast food restaurants.
3.
Bars and taverns.
4.
Bed and breakfast establishments.
5.
Convenience retail stores with fuel sales provided
they are at least three thousand nine hundred sixty
(3,960) feet (3/4 mile) from the nearest convenience
retail store.
6.
Retail and supply yard establishments with outdoor
storage.
Article 4, Page 137 Effective March 28, 1997
Article 4, Districts
Division 4.23, Industrial District
7.
Child care centers.
8.
Veterinarian hospitals.
9.
Convenience shopping centers.
10.
Recreational uses.
11.
Vehicle and boat sales and leasing establishments
with outdoor storage.
12.
Sales and leasing of mobile homes, farm implements,
heavy excavation equipment.
13.
Adult oriented uses.
14.
Drive-in restaurants (only if located in a convenience
shopping center).
(c) Industrial
Uses:
1.
Resource extraction, processes, and sales
establishments.
2.
Junk yards.
3.
Airports and airstrips.
4.
Dry cleaning plants.
6.
Transport. terminals (truck terminals, public works
yards, container storage).
6.
Farm implement and heavy equipment sales.
(d) Accessory/Miscellaneous Uses:
1.
Heliports and helipads.
City of Fort Collins 0
Land Use Code Article 4, Page 138 Effective March 28, 1997
• Article 4, Districts DRision 4.23, Industrial District
(C) Prohibited Uses. All uses that are not (1) expressly allowed as permitted
uses in this Section or (2) determined to be permitted by the Director
pursuant to Section 1.3.4 of this Land Use Code, shall be prohibited. In
addition, the following. uses are specifically prohibited in the Industrial
District:
(1) Feedlots.
(2) All establishments falling within Standard Industrial Classification
(SIC) Major Group No. 29, Petroleum Refining and Related
Industries, as identified in the Standard Industrial Classification
Manual (OMB 1987).
(3) All establishments falling within Standard Industrial Classification
(SIC) Major Group No. 331, Steel Works, Blast Furnaces, and rolling
and Finishing Mills, as identified in the Standard Industrial
Classification Manual (OMB 1987).
(4) All establishments falling within Standard Industrial Classification
• (SIC) Major Group No. 33, Primary Metal Industries, as identified in
the Standard Industrial Classification Manual (OMB 1987).
• City of Fort Collins
Land Use Code
(5) All electrical generation facilities falling within Standard Industrial
Classification (SIC) Major Group No. 4911, as identified in the
Standard Industrial Classification Manual (OMB 1987). -
(6) All establishments falling within Standard Industrial Classification
(SIC) Major Group No. 4925, Mixed, Manufactured, or Liquefied
Petroleum Gas Products and/or Distribution, as identified in the
Standard Industrial Classification Manual (OMB 1987).
(7) All establishments falling within Standard Industrial Classification
(SIC) Major Group No. 2011, Meat Packing Plants, as identified in
the Standard Industrial Classification Manual (OMB 1987)
(8) All establishments falling within Standard Industrial Classification
(SIC) Major Group No..2015, Poultry Slaughtering and Processing,
as identified in the Standard Industrial Classification Manual (OMB
1987).
Article 4, Page 139 Effective March 28, 1997
K
Article 4, Districts
(E)
Division 4.23, Industrial District It
(9) All establishments falling within Standard Industrial Classification
(SIC) Major Group No. 2077, Animal and Marine Fats and Oils, as
identified in the Standard Industrial Classification Manual (OMB
1987).
Land Use Standards.
(1) Dimensional Standards.
(a) Maximum building height for all non-residential uses shall be
four (4) stories. Maximum building height for residential
uses shall be three (3) stories.
(b) All new structures greater than fifty thousand (50,000) square
feet in floor area shall be subject to Planning and Zoning
Board review.
(c) Any building addition that exceeds fifty thousand (50,000)
square feet in floor area or exceeds twenty-five (25) percent
of the gross floor area of the existing building, whichever is
greater, shall be subject to Planning and Zoning Board
Review.
Development Standards.
(1) Building Design.
(a) Orientation. Along arterial streets and any other streets that
directly connect to other districts, buildings shall be sited so
that a building face abuts upon the required thirty (30) foot
minimum landscaped yard for at least thirty (30) percent of
the building frontage. Such a building face shall not consist
of a blank wall.
(b) Building character and color. New building color shades
shall be neutral, with a medium or dark color range, and not
white, bright, or reflective.
(2) Site Design.
(a) Screening.
City of Fort Collins
Land Use Code Article 4, Page 140 Effective March 28, 1997
• Article 4, Districts
•
. City of Fort Collins
Land Use Code
Division 4.23, Industrial District
Industrial and commercial activities shall not be
located adjacent to a residential area unless the
activities and related storage are contained within a
building or otherwise completely screened from view
from the residential area.
2. A thirty (30) foot deep landscaped yard shall be
provided along all arterial streets.
3. A thirty (30) foot deep landscaped yard shall be
provided along any district boundary line that does
not adjoin a residential land use.
4. An eighty (80) feet deep landscaped yard shall be
provided along any boundary line that adjoins a
residential land use or a zone district that is
predominately characterized by residential uses as
permitted uses. This residential buffer yard may be
reduced to thirty (30) feet if the adjoining residential
land use or zone district is separated by a public street.
(b) Storage and Operational Areas.
Storage, loading, and work operations shall be
screened from view along all district boundary lines.
2. Within internal District areas, buildings may be
surrounded by paving for vehicle use. To the extent
reasonably feasible, side and rear yards in interior
block locations shall be used for vehicle operations
and storage areas, and front yards shall be used for
less intensive automobile parking. At District edges,
side yards shall be used for vehicle operations and
storage areas, in order to allow for a finished,
attractive rear building wall and a landscaped rear
yard.
Article 4, Page 141
Effective March 28, 1997
1J
Administrative Services
Finance Administration
Citv of Fort Collins
MEMORANDUM
DATE: April 3, 1997
TO: Planning and Zoning Board
FROM: Alan J. Krcmarik, Financial Officer AX
SUBJECT: Annexation Financial Concerns: Taxes, Fees, Permits, & Licenses
PURPOSE: Property owners facing the prospect of annexation need to be informed
about taxes, fees, and licensing requirements of the City of Fort Collins. Fort Collins has
different property and sales tax requirements than the un-incorporated areas of the county.
This memorandum reviews some of these financial concerns that property owners that are
considering annexation may have. The purpose is to identify the most important
differences in taxation, permitting requirements, and activities for which licenses are
required.
TAXES and FRANCHISE FEES
Property Tax. The City of Fort Collins levies a property tax of 9.797 mills. This is just shy
of 1 % of the assessed value of the property. Properties outside the City limits pay the
Poudre Fire Authority levy of 9.301 mills. The difference amounts to $4.96 per $10,000
of assessed value.
Sales and Use Tax. The City of Fort Collins levies a 3% Sales and Use tax on property
acquired and placed into use within the City limits. For residential property owners, this is
most dramatic on the purchase of major items, most notably, automobiles and trucks. On
a $20,000 vehicle, the City tax amounts to $600. For retail businesses, the impact is the
requirement to become a licensed retailer and to collect and remit City sales tax.
Commercial and industrial land uses would also be subject to use tax on equipment bought
outside the City for which a Colorado City sales tax has not been paid.
Lodging Tax. In addition to the sales and use tax, the City imposes a 3% tax on the
temporary use of lodging facilities. This tax is paid by the lodger and is collected on the
lodgers bill.
Gas Company Occupational Privilege Tax. The City imposes an Occupational Privilege tax
on Public Service Company. The tax is a total amount of $445,000 per year. PSCo passes
300 LaPorte Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6788 • FAX (970) 221-6782
DATE: July 1. 1997
I
STEM NUMBER: 27 A-C
A. L. Gilbert Company
P. O. Box 38
Oakdale, CA 95361
MCKGROUND:
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 Latimer 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 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, 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
2
the tax on to its customers. Customers pay about 3% of their monthly bill to PSCo which
is then remitted to the City. -
Franchise Fees. The City imposes a Cable Franchise fee on TCI. This fee is passed on to
its customers. Many property owners near the City boundaries also are served by TCI.
Telephone Charge. The City imposes a per account telephone charge of $.70. This
amount is included on the monthly telephone bills that customers pay.
Beer and Liquor Occupational Privilege Tax. The City imposes an annual tax on the
privilege of serving beer and liquor. The cost of the tax is from $750 to $1,650 depending
on the type of license and the hours of operation.
PLANT INVESTMENT & CAPITAL EXPANSION FEES and REQUIRED PERMITS
To offset the costs of providing infrastructure within its corporate boundaries, the City has
established fees which are collected at the time building permits are issued. These include
the following:
Street Oversizing
Residential (per unit)
$ 895
Residential Multi -family (per unit)
554
Light Industrial (per acre)
7,292
Heavy Industrial (per acre)
9,722
Office/General Commercial (per acre)
14,583
Retail Commercial (per acre)
19,443
Electric Underground
150 AMPs or less (per single family residence) 414
200 AMPs or Electric Heat (per single family residence) 488
Temporary Pedestal Service (per single family residence) 100
Water Plant Investment Fee
Residential
2,464
Commercial
5,867
Industrial
12,700
Raw Water Requirement
Residential
1,200
Commercial
4,500
Industrial
9,000
Waste Water Plant Investment Fee
Residential
1,600
Commercial
6,814
Industrial
9,100
Storm Drainage Basin Fee
Residential
146 - 867
Commercial
1,132 - 6,692
Industrial
2,790 - 16,500
Neighborhood Parkland
Residential (per unit)
$ 848
Commercial & Industrial land uses do not pay this fee
Community Parkland
Residential (per unit)
934
Does not apply to Commercial & Industrial land use
Library
Residential (per unit)
230
Does not apply to Commercial and Industrial land use
Police
Residential (per unit based on unit size)
84
Commercial (per square foot)
.10
Industrial (per square foot)
.03
Fire
Residential (per unit based on unit size)
121
Commercial (per square foot)
.15
Industrial (per square foot)
.04
General Government Facilities
Residential (per unit based on unit size) 154
Commercial (per square foot) .17
Industrial (per square foot) .05
Plan Review. To recover some of the costs of providing services, the City has established
fees for some services. These include the following.
Building Permit & Plan Check Fees per schedule
Annexation $1,040
Rezoning 856
Overall Development Plan 1,400
Preliminary PUD 1,472
Final PUD 2,808
Preliminary Subdivision 1,312
Final Subdivision 2,176
Project Development Plan 1,477
Final Project Development Plan 2,808
Non -Conforming Use Review 1,216
Extension of Final Approval 496
Minor Amendment 168
4
REQUIRED LICENSES
Through its home rule charter and code of municipal ordinances, the City requires licenses
for certain activities. These include the following.
Auctioneer
$ 25
Bowling Alley
55
Carnival, Circus
schedule on size and number of days
Contractors
depends on the type of service
Places of Entertainment
80
Food Service
various
Game Machines 6 month license cost depends on type of device
Going out of Business
no fee
Liquor Licenses
depending on type $ 454 - 529
Arborist
no fee
Dog Licenses
$ 10 -25
Special Event Permit
no fee
Alarm Business Permit
$75
Massage Therapist
50
Movie Theater
110
Drive In 80
Outdoor Vendor
10/month
Pawn Broker
55
plus $2,500 surety bond
Sales and Use Tax
No fee
Lodging Tax
No fee
Secondhand dealer
$ 55
Solid Waste Collector
Per vehicle 30
This list is subject to periodic update. The figures in this memo rely on reports issued by
various City Departments. Fees may have changed since the issuance of the reports. I will
be present at the April 14" meeting to answer questions. Please let me know if there are
questions that may required research prior to the meeting.
N
MEMORANDUM
TO: Bob Blanchard. Planning
RE: Electric Service issues related to current annexations
DT: April 3, 1997
FR: Dennis Sumner
Confirming our conversations please note the following information concerning electric
service for current annexations:
Bredero Price Annexation:
At your request, I have been working with Mr. Greg Kechter, Plant Manger of the
Bredero Price pipe coating plant located at 1931 Timberline, to determine comparability
of electric service that can be provided by FCL&P upon annexation with that which is
currently provided by Public Service Company (PSCo).
Based on the historic data provided by Bredero Price for a one-year comparison, Fort
Collins Light and Power should be able to provide similar interruptible electric service
with comparable terms for service interruptions and equal or lower costs than service
currently provided by PSCo. Additionally, if Bredero Price would find it of added value,
the utility is willing to explore options for a ten (10) year contract for this interruptible
service.
Offering this interruptible service contract will require the adoption of a new wholesale
electric rate by the City's power supplier. Platte River Power Authority (Platte River).
Whiie Platte River staff is confident the Platte River Board will approve this new rate, it
is a qualifier to this offer that must be noted. The normal time frame anticipated for
process and procedures related to Board adoption of a new rate is in the range of 60 days.
General Issues Related to Electric Service for annexed areas:
Transfer of utility equipment required to serve customers: The City of Fort Collins
Light and Power Utility (FCL&P) provides electric service within the city limits of Fort
Collins. Following annexation, the City will assume responsibility for electric service in
the newly annexed area. In most cases, the transfer will take place within two years of
annexation. In areas formerly provided electric service by Public Service Co. of Colorado
(PSCo), the transfer is made in accordance with contractual agreement between the City
and PSCo. In areas formerly served by Poudre Valley REA (PVREA), the transfer of
utility facilities is guided by Colorado State Statute. In both instances FCL&P pays all
costs associated with the transfer of electric facilities. There is no cost to existing
customers when the electric service is transferred from PSCo or PVREA to FCL&P.
Electric Rates: Electric rates of FCL&P are among the lowest in the State and generally
customers find the transfer of service to result in lower costs for electrical energy.
Individual evaluations can be made if desired. A customer wanting more information on
electric costs for their particular application should call FCL&P at 221-6700.
PVREA annexed areas: To compensate PVREA for the loss of service territory,
state law requires a payment of service rights fees to PVREA. This fee is equal to 25% of
the City's revenue from electric service to all customers within the annexation at the time
the service territory is transferred from PVREA to FCL&P. A 5% service rights fee is
applicable to any new customers added within the annexation after the transfer of the
service territory. These service rights fees terminate ten years after the electric customers
and facilities are transferred from PVREA to the City and are collected from the annexed
customers through the City's electric rates. The relatively low rates of FCL&P help to
mitigate the impact of the service rights fee.
PSCo annexed areas: The service rights fees do not apply to any customers
transferred from PSCo or new customers within formerly served PSCo service territory.
Please feel free to call me at 221-6718 if I may be of further assistance to you.
C��
DATE: July 1, 1997 l 3 ITEM NUMBER: �7-C
development occurring under County regulations instead of the City's. The intergovemmental
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 atrix
Investment Corporation, who uses the existing building for office and warehouse space or a
wholesale distribution business. Parcel two is owned by Frank A. 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 1, 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: Julv 1, 1997
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.
s<<g L�
RESOLUTION 97-99
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE K-2 ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the K-2 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 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 regarding the annexation
in accordance with Section 31-12-108(2), C.R.S., as applicable.
ion 6. That the Council concludes that the area proposed to be annexed in the West
v Drake Road 2nd Annexauo is eligible for annexation to the City, .
lk
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
1 st day of July, A.D. 1997.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 110, 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXIN PROPERTY KNOWN AS THE
K-2 ANNE ON 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 N00005' 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 BEGINNING, 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 N00°21'00"E - 503.39 FEET, THENCE N00002'0011W -
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.
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 day of July, A.D. 1997.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of July, A.D. 1997.
ATTEST:
City Clerk
2
Mayor
ORDINANCE NO. 111. 1997
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING D TRICT MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FO1 t(ZONINq PURPOSES THE PROPERTY INCLUDED
IN THE K-2 ANNEXATIO HE 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, A.D. 1997.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of July, A.D. 1997.
Mayor
ATTEST:
City Clerk
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