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HomeMy WebLinkAboutEAST LINCOLN AVENUE SECOND ANNEXATION AND ZONING 7.2.91 CITY COUNCIL HEARING - 5 91 - REPORTS - FIRST READINGAGENDA ITEM SUMMARY ITEM NUMBER: 15 a-c DATE: July 2, 1991 FORT COLLINS CITY COUNCIL STAFF: Kirsten Whetstone SUBJECT• Items Related to the East Lincoln Avenue Second 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 zoning request at its regular monthly meeting of May 20, 1991. EXECUTIVE SUMMARY: A. Resolution 91-92 Setting Forth Findings of Fact and Determinations Regarding the East Lincoln Avenue Annexation. B. Hearing and First Reading of Ordinance No. 75 1991, Annexing Approximately 38.88 Acres, Known as the East Lincoln Avenue Annexation. C. Hearing and First Reading of Ordinance No. 76 , 1991, Zoning Approximately 38.88 Acres, Known as the East Lincoln Avenue Annexation, Into the R-C, River Corridor, Zoning District. This is a request to annex and zone approximately 38.88 acres located south of East Lincoln Avenue, north and east of Riverside Avenue, and west of Lemay Avenue. The annexation is comprised of ten separate parcels and eight different owners. The City of Fort Collins owns two of the parcels. The requested zoning is RC, River Corridor District. This is the annexation of an enclave area. Approximately three quarters of this area is currently vacant and undeveloped with the remaining quarter used for various businesses and uses. The Poudre River and the City bike trail run through this property. Any existing commercial signs will have to conform to the City's Sign Code at the conclusion of a five year amortization period. This annexation will not increase the total number of off -premise signs that currently exist in the City of Fort Collins. APPLICANT: City of Fort Collins OWNERS: City of Fort Collins Western Food Products Company, Inc. Miller, Dwight S. Green Bay Food Div. c/o Trustees PO Box 730 619 Monte Vista Ave. La Junta, CO 81050 Fort Collins, CO 80521 47� Im mmimmm DATE: July 2, 1991 f -2- cM NUMBER: 15 a-c BACKGROUND: Schrader Oil Co. 320 N. College Ave. Fort Collins, CO 80524 Bristle Charles E. 1655 Havana Street Aurora, CO 80010 Willow Run Partnership 1565 Hummel Lane Fort Collins, CO 80525 Poudre Valley Creamery PO Box 743 Fort Collins, CO 80522 Baldwin Construction 301 E. Lincoln Ave. Fort Collins, CO 80524 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 property being considered for annexation and the adjacent property which comprises the concurrent Burlington Northern Southeast First Annexation, have for a period of not less than three (3) years, been completely surrounded by property contained within the boundaries of the City of Fort Collins. The area to be annexed has been a county enclave for at least three years and is therefore eligible for annexation. The property became completely surrounded by the City of Fort Collins through the following annexations: N: Buckingham Place Annexation, July 28, 1906 E: Link-N-Greens Annexation, October 20, 1987 and Waste Water Treatment Plant No. 1 Annexation, November 4, 1986. S: Union Pacific South First Annexation, May 17, 1988 (right of way) Original City of Fort Collins Plat W: Original City of Fort Collins Plat Approximately three quarters of this area is currently vacant and undeveloped with the remaining quarter used for various businesses and uses including: contractor/construction offices and headquarters, indoor skateboard arena, creamery, trucking company headquarters, oil company office, and outdoor storage. There are ten separate land parcels and eight different property owners in this annexation. Any existing commercial signs will have to conform to the City's Sign Code at the conclusion of a five year amortization period. This annexation will not increase the total number of off -premise signs that currently exist in the City of Fort Collins. There are no redevelopment plans for the property at this time. The property became eligible for involuntary annexation into the City on May 17, 1991. On April 22, 1991, staff sent a letter to the property owners informing them of the pending annexation, potential zoning district designation, and meeting date of review by the Planning and Zoning Board. DATE: July 2, 1991 -3- Zoning: _TEM NUMBER: 15 a-c The property is currently zoned C, Commercial, in the County. The requested zoning for this annexation is the RC, River Corridor, Zoning District. Iht! kl District 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 policies of the City's Comprehensive Plan. Findings: The annexation of this property 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. 3. On May 21, 1991, the City Council approved a resolution determining that the proposed annexation 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 property. 4. The requested zoning of RC, River Corridor, 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 requested annexation and zoning. RESOLUTION 91-92 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE EAST LINCOLN AVENUE SECOND ANNMI10N WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the East Lincoln Avenue Second 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 and hearing was held regarding the annexation in accordance with Sections 31-12-108 and 31-12-109, C.R.S., as applicable. Section 6. That the Council concludes that the area proposed to be annexed in the Burlington Northern Southeast 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 2nd day of July, A.D. 1991. ayor ATTEST: City Clerk ORDINANCE NO. 75, 1991 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE EAST LINCOLN AVENUE SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 91-77, 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 Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of the Southeast Quarter of said Section 12 as bearing N 89°42'35" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the East Quarter corner of said Section 12 and run thence N 89042'35" W 1929.12 feet to the true point of beginning; thence S 09020'40" W 1799.93 feet; thence S 79°40'35" E 590.41 feet; thence S 40049'31" W 48.36 feet; thence S 43°35'35" E 195.00 feet; thence S 28040'35" E 360.80 feet; thence S 25°19'35" E 140.30 feet; thence S 44044'25" W 38.50 feet; thence N 89°53'35" W 173.82 feet; thence N 50°00'29" W 3.84 feet; thence N 49°36'51" W 1138.29 feet; thence N 40°23'09" E 30.00 feet; thence N 49°36'51" W 372.00 feet to a point on the West line of the Southeast Quarter of said Section 12; thence N 00°08'44" E 900.72 feet along said West line to the South line of the Cache La Poudre River; thence the next 6 courses along the South bank of the Cache La Poudre River, S 87°55'00" W 128.00 feet; thence N 77°15'00" W 240.00 feet; thence N 56'15'00" W 192.00 feet; thence N 23°30'16" W 373.12 feet; thence N 23°20'00" W 145.00 feet; thence N 57040'00" W 80.00 feet; thence leaving the South line of the Cache La Poudre River S 89°42'35" E 1510.00 feet; thence S 09020'40" W 40.50 feet to the point of beginning. Containing 38.8819 acres; be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the East Lincoln Avenue Second 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 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. ATTEST: City Clerk ORDINANCE NO. 76, 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 PURPOSFS THE PROPERTY INCIUUIU IN THE EAST LINCOLN AVENUE SICOND 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 East Lincoln Avenue Second Annexation to the City of Fort Collins, Colorado, in the R-C, River Corridor District: A tract of land situate in Section 12, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the North line of the Southeast Quarter of said Section 12 as bearing N 89°42'35" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the East Quarter corner of said Section 12 and run thence N 89042'35" W 1929.12 feet to the true point of beginning; thence S 09020'40" W 1799.93 feet; thence S 79'40'35" E 590.41 feet; thence S 40049'31" W 48.36 feet; thence S 43°35'35" E 195.00 feet; thence S 28040'35" E 360.80 feet; thence S 25°19'35" E 140.30 feet; thence S 44044'25" W 38.50 feet; thence N 89°53'35" W 173.82 feet; thence N 50000'29" W 3.84 feet; thence N 49°36'51" W 1138.29 feet; thence N 40023'09" E 30.00 feet; thence N 49°36'51" W 372.00 feet to a point on the West line of the Southeast Quarter of said Section 12; thence N 00°08'44" E 900.72 feet along said West line to the South line of the Cache La Poudre River; thence the next 6 courses along the South bank of the Cache La Poudre River, S 87055'00" W 128.00 feet; thence N 77°15'00" W 240.00 feet; thence N 56015'00" W 192.00 feet; thence N 23°30'16" W 373.12 feet; thence N 23'20'00" W 145.00 feet; thence N 57°40'00" W 80.00 feet; thence leaving the South line of the Cache La Poudre River S 89°42'35" E 1510.00 feet; thence S 09°20'40" W 40.50 feet to the point of beginning. Containing 38.8819 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. ATTEST: City Clerk Passed and adopted on final reading this 16th day of July, A.D. 1991. ATTEST: City Clerk Mayor N NOTICE OF PUBLIC HEARING NOTICE is hereby given that, on July 2, 1991, at 6:30 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 Laporte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing on the zoning of land known as the East Lincoln Avenue Second Annexation. The East Lincoln Avenue Second Annexation is described as follows: A tract of land situate in Section 12, Township 7 North, Range 69 West of the 6th P.M., La•rimer County, Colorado, which considering the North line of the Southeast Quarter of said Section 12 as bearing N 89'42'35" W and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the East Quarter corner of said Section 12 and run thence N 89'42'35" W 1929.12 feet to the true point of beginning; thence S 09020'40" W 1799.93 feet; thence S 79'40'35" E 590.41 feet; thence S 40'49'31" W 48.36 feet; thence S 43'35'35" E 195.00 feet; thence S 28040'35" E 360.80 feet; thence S 25'19'35" E 140.30 feet; thence S 44'44'25" W 38.50 feet; thence N 89'53'35" W 173.82 feet; thence N 50000'29" W 3.84 feet; thence N 49'36'51" W 1138.29 feet; thence N 40023'09" E 30.00 feet; thence N 49036'51" W 372.00 feet to a point on the West line of the Southeast Quarter of said Section 12; thence N 00'08'44" E 900.72 feet along said West line to the South line of the Cache La Poudre River; thence the next 6 courses along the South bank of the Cache La Poudre River, S 87'55'00" W 128.00 feet; thence N 77'15'00" W 240.00 feet; thence N 56'15'00" W 192.00 feet; thence N 23'30'16" W 373,12 feet; thence N 23'20'00" W 145.00 feet; thence N 57040'00" W 80.00 feet; thence leaving the South line of the Cache La Poudre River S 89942'35" E 1510.00 feet; thence S 09020'40" W 40.50 feet to the point of beginning. Containing 38.8819 acres. The property owner has requested, and the Planning and Zoning Board has recommended, that said Annexation be placed in the R-C, River Corridor District. Dated this 25th day of June, A.D. 1991. City Clerk