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Home My WebLink AboutWILLIAMS ANNEXATION AND ZONING 4.16.91 CITY COUNCIL HEARING - 8 91, A - REPORTS - FIRST READINGAGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL ITEM NUMBER: 15 a-c DATE: April 16, 1991 STAFF: Ki rsten Whetstone SUBJECT: Items Related to the Williams Annexation and Zoning. RECOMMENDATION: Staff recommends approval of the annexation and zoning and Zoning Board voted 7-0 to recommend approval of the request at its regular monthly meeting on April 1, 1991. EXECUTIVE SUMMARY: request. The Planning annexation and zoning A. Resolution 91- 60 Setting Forth Findings of Fact and Determinations Regarding the Williams Annexation. B. Hearing and First Reading of Ordinance No. 43 , 1991, Annexing Approximately 1.41 Acres, Known as the Williams Annexation. C. Hearing and First Reading of Ordinance No. 44, 1991, Zoning Approximately 1.41 Acres, Known as the Williams Annexation. This is a request to annex and zone approximately 1.41 acres located at the southwest corner of Lemay Avenue and East Mulberry Street (Colorado Highway 14). The property was donated to the City of Fort Collins by Mr. Jack Williams and consists of vacant land along the north bank of the Cache La Poudre River. The property lies within the floodway of the Poudre River and is currently zoned C, Commercial, in the County. The requested zoning is RC, River Corridor. There is an existing commercial off -premise bill board sign on the property which Mr. Williams, as a condition of land donation, will retain in an easement for fifteen years. 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): m um E mm_ III :i 2: Us :j DATE: April 16, 1991 -2- 9TEM NUMBER: 15 a-c N: Highway 14 East Third Annexation (Highway 14 right-of-way and vacant), E: Lemay Avenue First Annexation (Lemay Avenue right-of-way and vacant), S. Riverside Lemay Annexation (Poudre River and vacant), W: Riverside Lemay Annexation (Poudre River and vacant). The property is owned by the City of Fort Collins and is entirely within the Poudre River floodway. The City intends to use the property as open space for the River Corridor and may, in the future, use the property for trail head parking for the Poudre River trail system. There is an existing commercial off - premise billboard sign on the property which Mr. Williams, as a condition of land donation, will retain in an easement for fifteen years. 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, no public hearing will by held 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 91-60 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE WILLIAMS 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 Williams 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. Mayor ATTEST: City Clerk ORDINANCE NO.43 , 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE WILLIAMS 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 Northwest Quarter of Section 18, Township 7 North, Range 68 West of the 6th P.M., and in the Northeast Quarter of Section 13, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of the Northwest Quarter of said Section 18 as bearing N 89°04'47" E, and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Northwest corner of said Section 18 and run thence S 00'24'47" W 175.00 feet to the true point of beginning; thence S 89°56'13" E 212.47 feet; thence S 01°27'11" W 116.76 feet; thence S 14'20'13" W 141.18 feet; thence S 88°54'53" W 50.38 feet; thence N 59°40'41" W 143.55 feet; thence N 57°47'33" W 44.91 feet; thence N 37°34'28" W 99.99 feet; thence N 21°01'52" W 84.83 feet; thence S 89'56'13" E 129.15 feet to the point of beginning. Containing 1.4100 acres; be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Williams 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 this 16th day of April, A.D. 7th day of May, A.D. 1991. ATTEST: City Clerk favorably on first reading, and ordered published 1991, and to be presented for final passage on the Passed and adopted on final reading this 7th day of May, A.D. 1991. ATTEST: City Clerk ORDINANCE NO.44 , 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 WILLIAMS 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 Williams Annexation to the City of Fort Collins, Colorado, in the RC, River Corridor District: A tract of land situate in the Northwest Quarter of Section 18, Township 7 North, Range 68 West of the 6th P.M., and in the Northeast Quarter of Section 13, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of the Northwest Quarter of said Section 18 as bearing N 89'04'47" E, and with all bearings contained herein relative thereto is contained within the boundary lines which begin at the Northwest corner of said Section 18 and run thence S 00'24'47" W 175.00 feet to the true point of beginning; thence S 89°56'13" E 212.47 feet; thence S 01°27'11" W 116.76 feet; thence S 14620'13" W 141.18 feet; thence S 88°54'53" W 50.38 feet; thence N 59°40'41" W 143.55 feet; thence N 57°47'33" W 44.91 feet; thence N 37°34'28" W 99.99 feet; thence N 21'01'52" W 84.83 feet; thence S 89056'13" E 129.15 feet to the point of beginning. Containing 1.4100 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: City Clerk Passed and adopted on final reading this 7th day of May, A.D. 1991. Mayor ATTEST: City Clerk LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., AND IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 7 NOR-TH, RANGE 69 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18 AS BEARING N89 04' 47"E, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE -THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE NORTHWEST CORNER OF SAID SECTION 18 AND RUN THENCE SOO 24' 47"W 175.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE S89 56' 13"E 212.47 FEET; THENCE SOI 27' 111TW 116.76 FEET; THENCE S14 20' 13"W 141.18 FEET; THENCE S88 54' 53"W 50.38 FEET; THENCE N59 40' 4I"W 143.55 FEET; THENCE N57 47' 33"W 44.91 FEET; THENCE N37 34' 28'W 99.99 FEET; THENCE N21 01' 52"W 84.83 FEET; THENCE S89 56' 13"E 129.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1.4100 ACRES. TOT.- IER I MI= 7�-- R --- 1,023.22 FEET "' T I GUCC-� :-jOUNDARY -- -- - - - 1 , 023 . 22 FEED i /6 'AL 170.54 FEET - -I--- I-- L L- - I i I -_I. I, DENOTES CONT I GUOUS BOUNDARY HPDesR, Local Print for K.irsten WHETSTONE Start of Item 14. Message, Subject: ITEM 15 - WILLIAMS ANNEXATION Sender: Tom PETERSON / CF052/01 CC: Kirsten WHETSTONE / CFCE/01 Part 1.. PROM: Tom PETERSON / CFC52/01 TO: DISTRIBtUTION Part 2. Oated: 04/15/91 at 1152. Contents: 2. Councilmember Winokur asked if the billboard on the property conformed to City Code. The answer is yes. The billboard was constructed within the requirements of the recently amended sign code. Each face is 78 square feet. Councilmember Winokur also asked what would happen if the billboard needed to be replaced. According to Peter Barnes, the City Zoning Officer, the billboard could be rebuilt to the :xact size of the eAisting structure. The billboard cap inventory would increase by i, from 76 to ?7, with the annexation. End of Item i4. 3 . ced G.Y/6 Z 4'vW,11ta,n s A '2 Pao