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HomeMy WebLinkAboutBUDERUS FIRST ANNEXATION AND ZONING 5.07.91 CITY COUNCIL HEARING - 11 91, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 15 a-c DATE: May 7, 1991 FORT COLLINS CITY COUNCIL STAFF: Ken Waido SUBJECT: Items Pertaining to the Buderus First Annexation and Zoning RECOMMENDATION: Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 7-0 to recommend approval of the annexation and requested zoning. EXECUTIVE SUMMARY: A. Resolution 91-67 Setting Forth Findings of Fact and Determinations Regarding the Buderus First Annexation. B. Hearing and First Reading of Ordinance No. 52, 1991, Annexing Property Known as the Buderus First Annexation to the City of Fort Collins, Colorado. C. Hearing and First Reading of Ordinance No. 53, 1991, Amending the Zoning District Map Contained in Chapter 29 of the Code of the City of Fort Collins and Classifying for Zoning Purposes the Property Included in the Buderus First Annexation to the City of Fort Collins. This is a request to annex and zone approximately 30 acres located south of E. Vine Dr. and west of I-25. The requested zoning is the I-L, Limited Industrial District with a PLO condition. The property is presently undeveloped. The prop- erty is currently zoned I -Industrial in the County. This is a voluntary annexation. APPLICANT: Betty Y. Buderus OWNER: Same 3012 E. Vine Dr. Ft. Collins, CO 80524 BACKGROUND: The applicant and owner, Betty Y. Buderus, has submitted two written petitions requesting annexation of approximately 138 acres located south of E. Vine Dr. and west of I-25. While it is the owner's desire to annex the entire property, the 138 acre parcel lacks sufficient contiguity to be annexed as a single piece (State annexation law requires 1/6 of the perimeter of each annexation to be contiguous to existing city limits). Thus, the property is being processed as two annexations, the Buderus First Annexation of approximately 30 acres, and the Buderus Second Annexation of approximately 108 acres with each annexation individually meeting the contiguity requirements. The requested zoning for both annexations is the I-L, Limited Industrial District with a PUD condition. The property is presently undeveloped. The property is currently zoned I -Industrial in the County. This is a voluntary annexation. DATE: May 7, 1991 2 ITEM NUMBER: 15 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 Buderus First Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Frontage Road Associates Ltd. Annexation to the east. The surrounding zoning and existing land uses are as follows: N: I -Industrial, undeveloped E: I-L (PUD condition), undeveloped S: I -Industrial, undeveloped W: I -Industrial, undeveloped The requested zoning for this annexation is the I-L, Limited Industrial District with a PUD condition. The I-L District designation is for light industrial uses such as the manufacturing of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories, but not including such uses as mining and extracting industries, petrochemical industries, rubber refining, primary metal and related industries. The property will probably eventually develop with a combination of light industrial and commercial/business uses. According to the City's LAND USE POLICIES PLAN, industrial uses should locate in areas which have, or will have, adequate transportation facilities for industrial uses, and in areas that have adequate utility services. This site addresses these locational policies. There are no immediate development plans for the property. The PUD condition on the I-L zoning will require all future development to be reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. Findings 1. The annexation of this area is consistent with the policies and agree- ments 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 March 19, 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 initiated 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. 4. The requested I-L, Limited Industrial, District with a PUD condition is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. PLANNING AND ZONING BOARD RECOMMENDATION: The Planning and Zoning Board, at their regular monthly meeting on April 22, 1991, voted 7-0 to recommend approval of the requested annexation and zoning as part of the Board's Consent Agenda. RESOLUTION 91-67 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE BUDERUS FIRST ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Buderus First 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 proposed to annexed; 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 property proposed to be annexed in the Buderus First 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 7th day of May, A.D. 1991. r ATTEST: City Clerk ORDINANCE NO. 52, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE BUDERUS FIRST ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 91-45, finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council has found and determined and 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: The SE 1/4 of the NE 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; except rights of way for railroads as now established and EXCEPT the SW 1/4 of the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Buderus First Annexation. Section 2. That, in annexing said property to the City, the City does not assume any obligation respecting the construction of water mains, sewer lines, gas mains, electric service lines, streets or any other services or utilities in connection with the property hereby annexed except as may be provided by the ordinances of the City. Section 3. That the City hereby consents, pursuant to Section 37- 45-136(3.6), C.R.S., to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. Introduced, considered favorably on first reading, and ordered published this 7th day of May, A.D. 1991, and to be presented for final passage on the 21st day of May, A.D. 1991. Mayor ATTEST: City Clerk C Passed and adopted on final reading this 21st day of May, A.D. 1991. Mayor ATTEST: City Clerk ORDINANCE NO. 53, 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 THE PROPERTY INCLUDED IN THE BUDERUS FIRST 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 Buderus First Annexation to the City of Fort Collins, Colorado, in the I-L, Limited Industrial District: The SE 1/4 of the NE 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; except rights of way for railroads as now established and EXCEPT the SW 1/4 of the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. Section 2. That the zoning granted herein is expressly conditioned upon the entire above -described property being developed as a planned unit development in accordance with the Ordinances of the City. Section 3. That the Director of Engineering is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 7th day of May, A.D. 1991, and to be presented for final passage on the 21st day of May, A.D. 1991. Mayor ATTEST: City Clerk Passed and adopted on final reading this 21st day of May, A.D. 1991. Mayor ATTEST: C City Clerk ITEM BUDERUS 1st ANNEXATION & ZONING 11-91, A BUDERUS 2nd ANNEXATION & ZONING 12-91 . A