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HomeMy WebLinkAboutHUBER ANNEXATION AND ZONING 7.2.91 CITY COUNCIL HEARING - 21 91, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 16 a-cDATE: July 2, 1991 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Items Related to the Huber 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 91-93 Setting Forth Findings of Fact and Determinations Regarding the Huber Annexation. B. Hearing and First Reading of Ordinance No. 77, 1991, Annexing Approximately 1.05 Acres, Known as the Huber Annexation. C. Hearing and First Reading of Ordinance No. 78, 1991, Zoning Approximately 1.05 Acres, Known as the Huber Annexation, Into the R-P, Planned Residential, Zoning District. This is a request to annex and zone approximately 1.05 acres located west of Taft Hill Road and south of Drake Road. The requested zoning is the R-P, Planned Residential District. The property is presently developed and the property -owner operates a group home as a home occupation. The property is currently zoned FA-1 in the County. This is a voluntary annexation. APPLICANT: Christine (Huber) Bryan OWNER: Same c/o Raymond S. Hale 425 W. Mulberry Street Suite 112 Ft. Collins, CO 80521 BACKGROUND: The applicant, and owner, Christine (Huber) Bryan, has submitted a written petition requesting annexation of approximately 1.05 acres located west of South Taft Hill Road and south of Drake Road. The requested zoning is the R-P, Planned Residential District. The property is presently developed and the property -owner operates a group home as a home occupation. The property is currently zoned FA-1 in the County. This is a voluntary annexation. Any existing commercial signs on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. DATE: July 2, 1991 2 I ITEM NUMBER: 16 a-c The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will consider the annexation of property in the UGA when the property is eligible for annexation according to State law. The property gains the required 1/6 contiguity to existing city limits from a common boundary with the Anton Annexation to the north, the Springbrook 1st Annexation to the east, and the West Drake Annexation to the west. The surrounding zoning and existing land uses are as follows: N: R-P, Planned residential, single-family residential E: B-P, Planned Business, undeveloped S: FA-1, Farming, single-family residential W: R-P, Planned Residential, undeveloped The requested zoning for this annexation is the R-P, Planned Residential District. The R-P District designation is for areas planned as a unit to provide a variation in use and building placement. The property is currently developed and the property -owner operates a group home as a home occupation. The property is located within the Spring Creek floodplain and will be purchased by the City in 1996 as part of the Stormwater Utility's drainage improvements program. No further development or expansion to the existing use of the property is expected over the next five years. Existing structures will be removed after purchase by the City is completed. Findings: 1. The annexation of this area is consistent with the policies and agreements between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On May 7, 1991, the City Council approved a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates the annexation process for this property by establishing the date, time and place when a public hearing will be held regarding the readings of the Ordinances annexing and zoning the area. Public hearing and first reading of the Ordinances annexing and zoning the property will be considered by the City Council on July 2, 1991. 4. The requested R-P, Planned Residential District is in conformance with the policies of the City's Comprehensive Plan. RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at its regular monthly meeting of May 20, 1991, voted 5-0 to recommend approval of the annexation and requested zoning as part of the Board's Consent Agenda. RESOLUTION 91-93 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE HUBER ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Huber Annexation; and WHEREAS, following Notice given as required by law, the Council has held a hearing on said Annexation. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the Council of the City of Fort Collins hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property seeking annexation; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act, and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 5. That the Council concludes that the area proposed to be annexed in the Huber 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 2nd day of July, A.D. 1991. ATTEST: ty ORDINANCE NO. 77, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE HUBER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 91-69, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council does hereby find and determine that it is in the best interests of the City to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, to wit: Lots 8 and 9 of Heineman's Spring Creek Subdivision, County of Larimer, State of Colorado, plus the Westerly 30.00' of the Roadway on the West side of said lots, more particularly described as follows: A tract of land situate in the Northeast Quarter of Section 28, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the East line of said Northeast Quarter as bearing S 00°15'59" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast corner of said Section 28 and run thence S 00°15'59" E 730.OV to the true point of beginning; thence continuing S 00°15'59" E 200.00'; thence S 88°25'01" W 230.00'; thence N 00°15'59" W 200.00'; thence N 88025101" E 230.00 to the point of beginning. Containing 1.0558 acres; be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Huber 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. 0 Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 1991, and to be presented fob final passage on the 16th day of July, A.D. 1991. r ATTEST: City Clerk Passed and adopted on final reading this 16th day of July, A.D. 1991. ATTEST: City Clerk Mayor E ORDINANCE NO. 78, 1991 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 111L 11RON-W INt 11111111 IN THE HUBER 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 Huber Annexation to the City of Fort Collins, Colorado, in the R-P, Planned Residential District: Lots 8 and 9 of Heineman's Spring Creek Subdivision, County of Larimer, State of Colorado, plus the Westerly 30.00' of the Roadway on the West side of said lots, more particularly described as follows: A tract of land situate in the Northeast Quarter of Section 28, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado, which considering the East line of said Northeast Quarter as bearing S 00°15'59" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Northeast corner of said Section 28 and run thence S 00°15'59" E 730.00' to the true point of beginning; thence continuing S 00015'59" E 200.00'; thence S 88°25'01" W 230.00'; thence N 00°15'59" W 200.00'; thence N 88°25'01" E 230.00 to the point of beginning. Containing 1.0558 acres. Section 2. That the Director of Engineering is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of July, A.D. 1991, and to be presented for final passage on the 16th day of July, A.D. 1991. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of July, A.D. 1991. Mayor ATTEST: City Clerk Mzmo