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HomeMy WebLinkAboutSPRINGER ANNEXATION AND ZONING 4.16.91 CITY COUNCIL HEARING - 9 91, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 14 a-c DATE: April 16, 1991 STAFF• Ki rsten Whetstone SUBJECT- Items Related to the Springer 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 zoning request at its regular monthly meeting on April 1, 1991. EXECUTIVE SUMMARY: A. Resolution 91-59 Setting Forth Findings of Fact and Determinations Regarding the Springer Annexation. B. Hearing and First Reading of Ordinance No. 41 1991, Annexing Approximately 4.80 Acres, Known as the Springer Annexation. C. Hearing and First Reading of Ordinance No. 42 , 1991, Zoning Approximately 4.80 Acres, Known as the Springer Annexation. This is a request to annex and zone approximately 4.80 acres located north of East Mulberry Street (Colorado Highway 14) and west of Lemay Avenue. The property was donated to the City of Fort Collins in late 1990 by the Springer - Fisher Trust and consists of a section of the Cache La Poudre River and its associated bluff and floodway. The property is currently zoned C, Commercial, in the County. The requested zoning is RC, River Corridor. This is a 100% voluntary annexation of City owned property. APPLICANT: City of Fort Collins OWNERS: City of Fort Collins BACKGROUND: 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 agree to consider for annexation, property in the UGA when the property is eligible for annexation according to State law. The area to be annexed meets the minimum 1/6 contiguity to existing City limits requirement, through the following annexations (in parentheses are the associated land uses): N: Link-N-Greens Annexation (golf course, trail, and open space), E: unincorporated Larimer County (vacant), S: Highway 14 East Second Annexation and Riverside Lemay Annexation (Poudre River, vacant, and State Highway right-of-way), i;ATE: April 16, 1991 -2- 1 ITEM NUMBER: 14 a-c W: Wastewater Treatment Plant No. 1 Annexation (City wastewater treatment plant). The property is owned by the City of Fort Collins. The City intends to use the property as open space for the River Corridor and Poudre River trail system. No public rights -of -way are included in this annexation. This annexation is a 100% voluntary annexation of City owned land. According to the Municipal Annexation Act, when the municipality is the sole owner of the area that it desires to annex and if the requested annexation meets the eligibility requirements, the governing body may by ordinance annex the area without notice and hearing. Therefore there will not be a public hearing for the annexation ordinance. Notice of public hearing for the zoning ordinance was published on April 9, 1991. Zoning: The property is currently zoned C, Commercial, in the County. Staff is recommending the RC, River Corridor, Zoning District for this annexation. The River Corridor designation is for properties which are developing within the Downtown River Corridor of the Cache La Poudre River. The RC, River Corridor, District designation is consistent with the zoning of surrounding properties and is in conformance with the policies of the City's Comprehensive Plan. Findings• 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 voluntary annexation to the City of Fort Collins. 3. The City of Fort Collins is the sole owner of the property to be annexed. 4. Notice of Public Hearing for the Zoning Ordinance was published on April 9, 1991. 5. The requested RC, River Corridor, District zoning designation 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 April 1, 1991, voted 7-0 to recommend approval of the requested annexation and zoning. RESOLUTION 91-59 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE SPRINGER ANNEXATION 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 as the Springer Annexation is solely owned by the City and is not solely a public street or right-of-way. Section 2. That the Council concludes that the area proposed to be annexed is eligible for annexation to the City in accordance with the provisions of Sections 31-12-104(1)(a) and 31-12-105, C.R.S., and should be so annexed. Section 3. That the Council hereby finds that said area may be annexed by ordinance without notice and hearing. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 16th day of April, A.D. 1991. ATTEST: City Cler ORDINANCE NO.41 , 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE SPRINGER ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, the area to be annexed is solely owned by the City of Fort Collins and is not solely a public street or right-of-way; 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: A tract of land situate in the Southeast Quarter of Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the East line of said Southeast Quarter of Section 12 as bearing N 00'16'16" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Southeast corner of said Section 12, and run thence N 00'16'16" E 75.00 feet; thence N 89'56'40" W 127.10 feet to the true point of beginning; thence N 89656'40" W 549.78 feet; thence N 22'12'04" E 349.12 feet; thence S 28'28'40" E 18.08 feet; thence N 21'32'00" E 330.27 feet; thence along the arc of a 998.60 foot radius curve to the left a distance of 275.57 feet, the long chord of which bears N 51'32'20" W 274.70 feet; thence N 59026'40" W 58.60 feet; thence S 84'41'42" E 58.57 feet; thence along the arc of a 1023.60 foot radius curve to the right a distance of 265.89 feet, the long chord of which bears S 52'18'09" E 265.14 feet; thence along the arc of a 1023.60 foot radius curve to the right a distance of 10.86 feet, the long chord of which bears S 44033'58" E 10.86 feet; thence along the arc of a 512.50 foot radius curve to the right a distance of 124.73 feet, the long chord of which bears S 37'17'25" E 124.42 feet; thence along the arc of a 487.50 foot curve to the left a distance of 40.04 feet, the long chord of which bears S 32'40'17" E 40.03 feet; thence along the arc of a 1013.60 foot radius curve to the right a distance of 545.57 feet, the long chord of which bears S 19'36'17" E 539.01 feet to the point of beginning. Containing 4.8022 acres; be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Springer 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 16th day of April, A.D. 1991, and to be presented for final passage on the 7th day of May, A.D. 1991. ayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of May, A.D. 1991. Mayor ATTEST: City Clerk ORDINANCE NO.42 , 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE - CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING DISTRICT MAP, AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE SPRINGER 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 Springer Annexation to the City of Fort Collins, Colorado, in the RC, River Corridor District: A tract of land situate in the Southeast Quarter of Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the East line of said Southeast Quarter of Section 12 as bearing N 00°16'16" E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the Southeast corner of said Section 12, and run thence N 00°16'16" E 75.00 feet; thence N 89°56'40" W 127.10 feet to the true point of beginning; thence N 89°56'40" W 549.78 feet; thence N 22'12'04" E 349.12 feet; thence S 28°28'40" E 18.08 feet; thence N 21°32'00" E 330.27 feet; thence along the arc of a 998.60 foot radius curve to the left a distance of 275.57 feet, the long chord of which bears N 51°32'20" W 274.70 feet; thence N 59026'40" W 58.60 feet; thence S 84°41'42" E 58.57 feet; thence along the arc of a 1023.60 foot radius curve to the right a distance of 265.89 feet, the long chord of which bears S 52°18'09" E 265.14 feet; thence along the arc of a 1023.60 foot radius curve to the right a distance of 10.86 feet, the long chord of which bears S 44033'58" E 10.86 feet; thence along the arc of a 512.50 foot radius curve to the right a distance of 124.73 feet, the long chord of which bears S 37°17'25" E 124.42 feet; thence along the arc of a 487.50 foot curve to the left a distance of 40.04 feet, the long chord of which bears S 32°40'17" E 40.03 feet; thence along the arc of a 1013.60 foot radius curve to the right a distance of 545.57 feet, the long chord of which bears S 19°36'17" E 539.01 feet to the point of beginning. Containing 4.8022 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 16th day of April, A.D. 1991, and to be presented for final passage on the 7th day of May, A.D. 1991. Mayor ATTEST: ty Cler Passed and adopted on final reading this 7th day of May, A.D. 1991. r ATTEST: City Clerk 4 1�... LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO$ WHICH CONSIDERING THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 12 AS BEARING N00 16' 16"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CON- TAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 12, AND RUN THENCE N00 16' 16"E 75.00 FEET; THENCE N89 56' 40"W 127.10 FEET TO 'THE TRUE POINT OF BEGINNING; THENCE N89 56' 40"W 549.78 FEET; THENCE N22 12' 04"E 349.12 FEET; THENCE S28 28' 40"E 18.08 FEET; THENCE N21 32' 00"E 330.27 FEET; THENCE ALONG THE ARC OF A 998.60 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 275.57 FEET, THE LONG CHORD OF WHICH BEARS N51 32' 20"W 274.70 FEET; THENCE N59 26' 40"W 58.60 FEET; THENCE S84 41' 42'E 58.57 FEET] THENCE ALONG THE ARC OF A 1023.60 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 265.89 FEET, THE LONG CHORD OF WHICH BEARS S52 18' :9"E 265.14 FEET; THENCE_ ALONG THE ARC OF A 1023.60 FOOT RADIUS C:JRVE TO THE RIGHT A DISTANCE OF 10.86 FEET, THE LONG CHORD OF WHICH BEARS S44 33' 58"E 10.86 FEET] THENCE ALONG THE ARC OF A 512.50 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 124.73 FEET, THE LONG CHORD OF WHICH BEARS S37 17' 25"E 124.42 FEET; THENCE ALONG THE ARC OF A 487.50 FOOT CURVE_ TO THE LEFT A DISTANCE OF 40.04 FEET, THE LONG CHORD OF WHICH BEARS S32 `+0'' 17"E 40.03 FEET; THENCE ALONG THE ARC OF A 1013.60 FOOT RADIUS CURVE_ TO THE RIGHT A DISTANCE OF 545.57 FEET, THE I -Of:G ,-HARD OF WHICH BEARS S 1 9 36' 1 7"E 539.01 FEET TO THE F011"I OF BEGINNING. -ONITAINING 4.80 ACRES. 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