HomeMy WebLinkAboutBURLINGTON NORTHERN SOUTHEAST FIRST ANNEXATION AND ZONING 7.2.1991 CITY COUNCIL HEARING - 50 90 - REPORTS - FIRST READINGAGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 14 a-c
DATE: July 2, 1991
STAFF• Kirsten Whetstone
SUBJECT:
Items Related to the Burlington Northern Southeast First 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 91-91 Setting Forth Findings of Fact and Determinations
Regarding the Burlington Northern Southeast First Annexation.
B. Hearing and First Reading of Ordinance No. 73 , 1991, Annexing
Approximately 18.35 Acres, Known as the Burlington Northern Southeast First
Annexation.
C. Hearing and First Reading of Ordinance No. 74 , 1991, Zoning Approximately
18.35 Acres Known as the Burlington Northern Southeast First Annexation,
Into the T, Transition, Zoning District.
This is a request to annex and zone approximately 18.35 acres located north of
East Prospect Road, south of East Mulberry Road and east of Riverside Drive.
The requested zoning is T, Transition District. This is the annexation of an
enclave area. The property consists of the Burlington Northern Railroad right-
of-way. 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 exist in the City of Fort
Collins.
APPLICANT: City of Fort Collins OWNERS: Burlington Northern Railroad
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 property being considered for annexation and the adjacent properties which
comprise the concurrent East Lincoln Second Annexation, have, for a period of
not less than three (3) years, been completely surroundeq 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
DATE: July 2, 1991
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_.EM NUMBER: 14 a-c
annexation. The property became completely surrounded by the City of Fort
Collins through the following annexations:
N: Waste Water Treatment Plant No. I Annexation, Nov. 4, 1986
Riverside Lemay Annexation June 7, 1983
E: Hoffman Mill Annexation March 23, 1987
Waste Water Treatment Plant No. 1 Annexation, November 4, 1986
First Schneider Annexation, August 2, 1983
Amended Mobile PreMix Prospect Road Annexation, March 15, 1983
Bath Annexation, May 5, 1987
S: Union Pacific South First Annexation, May 17, 1988 (right of way)
Original City of Fort Collins Plat
East Prospect Street First Annexation, September 6, 1973
First Lemay Avenue Annexation, September 14, 1967
W: Original City of Fort Collins Plat
The Upland Annexation, April 3, 1984
Union Pacific South First Annexation May 17, 1988
First Lemay Avenue Annexation, September 14', 1967
The property is owned by the Burlington Northern Railroad and consists of
railroad right-of-way. There are no redevelopment plans for the property at this
time. 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 exist in the City of Fort
Collins.
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.
Zoning:
The property is currently zoned C, Commercial, in the County. The requested
zoning for this annexation is the T, Transition, Zoning District. The T-
Transition District designation is for properties which are in a transitional
stage with regard to ultimate development. Other railroad rights -of -way have
been placed into the T Zone upon annexation to the City. Most of the Union
Pacific Railroad right-of-way in the City, and in particular, the UP right-of-
way adjacent to this annexation, is in the Transition Zoning District.
Property is placed in the transitional zone as a holding zone until future uses
of the property are more defined. No use is permitted in the T District, except
for uses such as existed on the date the property was placed in this zoning
district. Prior to any new development on properties in the T District, the
property must be removed from the T Zone and placed in another zoning district.
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
DATE: July 2, 1991 I -3- I gTEM NUMBER: 14 a-c
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 T, Transition, 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 the requested annexation and zoning.
RESOLUTION 91-91
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE BURLINGTON NORTHERN
SOUTHEAST FIRST ANNEXATION
WHEREAS, annexation proceedings were heretofore initiated by the Council
of the City of Fort Collins for property to be known as the Burlington Northern
Southeast 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 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.
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ATTEST:
City Clerk
ORDINANCE NO.73 , 1991
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
BURLINGTON NORTHERN SOUTHEAST SECOND ANNEXATION
TO THE CITY OF FORT COLLINS. C01ORAD0
WHEREAS, Resolution 91-76, 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 Sections 12 and 13, Township 7 North,
Range 69 West and Section 18, Township 7 North Range 68 West of the
6th P.M., Larimer County, Colorado, which considering the South line
of the Southeast Quarter of said Section 18 as bearing S 88°47'08"
W, and with all bearings contained herein relative thereto is
contained within the boundary lines which begin at the Southeast
corner of said Section 18 and runs thence S 88°47'08" W 436.06 feet
along the South line of Section 18 to the true point of beginning,
being a point on the Easterly ROW line of the Burlington Northern
Railroad; thence S 88°47'08" W 106.42 feet; thence along the arc of
a 2914.93 foot radius curve to the left a distance of 37.98 feet,
the long chord of which bears N 20°29'27" W 37.98 feet; thence along
a spiral out with a length of 151.31 feet and a delta of 1°30'00"
the long chord of which bears N 19°07'11" W 151.30 feet; thence N
18°37'03" W 1320.10 feet; thence along a spiral in with a length of
147.00 feet and a delta of 3°00'00", the long chord of which bears
N 19036'31" W 147.36 feet; thence along the arc of a 1382.69 foot
radius curve to the left a distance of 1101.25 feet, the long chord
of which bears N 44°26'03" W 1072.37 feet; thence along a spiral out
with a length of 147.00 feet and a delta of 3°00'00", the long chord
of which bears N 69°15'36" W 147.36 feet; thence N 70°15'03" W
1004.90 feet; thence along a 8644.42 foot radius curve to the right
a distance of 2496.77 feet, the long chord of which bears N
61058'36" W 2488.10 feet; thence S 88°35'55" W 16.51 feet; thence
N 49°32'04" W 2918.80 feet; thence N 48°52'03" W 701.26 feet to a
point on the West line of the Southeast Quarter of said Section 12;
thence along the West line of the Southeast Quarter of Section 12
N 00012'22" E 65.65 feet; thence S 49045'25" E 372.00 feet; thence
S 40014'35" W 30.00 feet; thence S 49°45'25" E 1138.21 feet; thence
S 50009'03" E 1666.50 feet; thence S 52022'00" E 576.30 feet; thence
N 88035'55" E 61.00 feet; thence along a 8544.42 foot radius curve
to the left a distance of 2337.20 feet, the long chord of which
bears S 62°24'53" E 2329.92 feet; thence S 70°15'03" E 1004.90 feet;
thence along a spiral in with a length of 152.62 feet and a delta
of 3°00'00" the long chord of which bears S 69°14'33" E 152.60 feet;
thence along a 1482.69 foot radius curve to the right a distance of
1180.89 feet, the long chord of which bears S 44°26'03" E 1149.93
feet; thence along a spiral out with a length of 152.62 feet and a
delta of 3'00'00", the long chord of which bears S 19°37'34" E
152.60 feet; thence S 18°37'03" E 1320.10 feet; thence along a
spiral in with a length of 148.69 feet and a delta of 1°30'00", the
long chord of which bears S 19°06'56" E 148.69 feet; thence along
a 2814.93 foot radius curve to the left a distance of 72.46 feet,
the long chord of which bears S 20°51'18" E 72.46 feet to the point
of beginning.
Containing 18.3471 acres;
be, and hereby is, annexed to the City of Fort Collins and made a part of said
City, to be known as the Burlington Northern Southeast 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 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
ORDINANCE NO.74 , 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 BURLINGTON NORTHERN SOUTHEAST 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 Burlington Northern Southeast
First Annexation to the City of Fort Collins, Colorado, in the T, Transition
District:
A tract of land situate in Sections 12 and 13, Township 7 North,
Range 69 West and Section 18, Township 7 North Range 68 West of the
6th P.M., Larimer County, Colorado, which considering the South line
of the Southeast Quarter of said Section 18 as bearing S 88°47'08"
W, and with all bearings contained herein relative thereto is
contained within the boundary lines which begin at the Southeast
corner of said Section 18 and runs thence S 88'47'08" W 436.06 feet
along the South line of Section 18 to the true point of beginning,
being a point on the Easterly ROW line of the Burlington Northern
Railroad; thence S 88°47'08" W 106.42 feet; thence along the arc of
a 2914.93 foot radius curve to the left a distance of 37.98 feet,
the long chord of which bears N 20°29'27" W 37.98 feet; thence along
a spiral out with a length of 151.31 feet and a delta of 1'30'00"
the long chord of which bears N 19°07'11" W 151.30 feet; thence N
18°37'03" W 1320.10 feet; thence along a spiral in with a length of
147.00 feet and a delta of 3°00'00", the long chord of which bears
N 19036'31" W 147.36 feet; thence along the arc of a 1382.69 foot
radius curve to the left a distance of 1101.25 feet, the long chord
of which bears N 44°26'03" W 1072.37 feet; thence along a spiral out
with a length of 147.00 feet and a delta of 3°00'00", the long chord
of which bears N 69°15'36" W 147.36 feet; thence N 70'15'03" W
1004.90 feet; thence along a 8644.42 foot radius curve to the right
a distance of 2496.77 feet, the long chord of which bears N
61058'36" W 2488.10 feet; thence S 88°35'55" W 16.51 feet; thence
N 49032'04" W 2918.80 feet; thence N 48°52'03" W 701.26 feet to a
point on the West line of the Southeast Quarter of said Section 12;
thence along the West line of the Southeast Quarter of Section 12
N 00012'22" E 65.65 feet; thence S 49°45'25" E 372.00 feet; thence
S 40014'35" W 30.00 feet; thence S 49°45'25" E 1138.21 feet; thence
S 50009'03" E 1666.50 feet; thence S 52°22'00" E 576.30 feet; thence
N 88035'55" E 61.00 feet; thence along a 8544.42 foot radius curve
to the left a distance of 2337.20 feet, the long chord of which
bears S 62°24'53" E 2329.92 feet; thence S 70°15'03" E 1004.90 feet;
thence along a spiral in with a length of 152.62 feet and a delta
of 3000'00" the long chord of which bears S 69°14'33" E 152.60 feet;
thence along a 1482.69 foot radius curve to the right a distance of 0
1180.89 feet, the long chord of which bears S 44°26'03" E 1149.93
feet; thence along a spiral out with a length of 152.62 feet and a
delta of 3°00'00", the long chord of which bears S 19°37'34" E
152.60 feet; thence S 18'37'03" E 1320.10 feet; thence along a
spiral in with a length of 148.69 feet and a delta of 1°30'00", the
long chord of which bears S 19006'56" E 148.69 feet; thence along
a 2814.93 foot radius curve to the left a distance of 72.46 feet,
the long chord of which bears S 20'51'18" E 72.46 feet to the point
of beginning.
Containing 18.3471 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
this 2nd day of July, A.D.
16th day of July, A.D. 1991,
ATTEST:
City Clerk
favorably on first reading, and ordered published
1991, and to be presented for final passage on the
Mayor
Passed and adopted on final reading this 16th day of July, A.D. 1991.
ATTEST:
City Clerk
E
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BURLINGTON NORTHERN
ITEM SOUTHEAST FIRST
ANNEXATION & ZONING
NUMBER 50-90
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