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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 MOUNTAIN VISTA DRIVE i .... OUT I I i i I Rqy� R qN O � F�O�q LMN N I O T a •� Lu Lu I INE DRIVE .• OUT T OUT I 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 i OUT I I i, I I � �R�tijFR i Ftp "9NgC LMN 1 N W Q F" cc EAST VINE DRIVE I OUT VICINITY MAP 06/16/97 #51-9113 K-2 ANNEXATION AND ZONING 1"= 600'