HomeMy WebLinkAboutMULBERRY EAST FIRST ANNEXATION - SECOND READING - 12-04 - REPORTS - RECOMMENDATION/REPORTJuly 6, 2004 -4- Item No. 21 A-C
PLANNING AND ZONING BOARD RECOMMENDATION:
The Planning and Zoning Board, at its regular monthly meeting of June 17, 2004, voted 5-0 to
recommend approval of the annexation and requested zoning as part of the Board's. Consent
Agenda.
The Planning and Zoning Board voted 5-0 (as part of the Board's Consent Agenda) to
recommend that this property not be included in the Residential Neighborhood Sign District,
1
NEW
July 6, 2004 -3- Item No. 21 A-C
The surrounding zoning and land uses are as follows:
N: C, I in Larimer County; existing commercial
E: C, FA in Larimer County; existing commercial, residential
S: C, LMN in City of Fort Collins; existing residential, natural areas
W: C in City of Fort Collins, Larimer County; existing commercial, natural areas
The property is 3.04 acres in size and is located on the south side of East Mulberry Street. It
includes street rights -of -way for portions of Timberline Road, Frontage Road, Countryside
Drive, Cairns Court; and, a st to g the -pest side of Timberline Road.
The recommended zoning fo his an ation t C• Co rcial Zoning District. There are
numerous uses permitted in t Distri subje , t it er ad istrative review or review by the
Planning and Zoning Board. e- City's' a ed cture I�Fan, a part of the Comprehensive
Plan, and the East Mulberry Corridor Framework Plan suggest that a Commercial Corridor
designation is appropriate in this location.
Staff is recommending that this property not be included in the Residential Neighborhood Sign
District. A map amendment would be necessary to place this property on the Residential
Neighborhood Sign District Map.
Findinas:
1. The annexation oft area i consi n yecLes and agreements between
Larimer County and a Ci f F llins in the Intergovernmental
Agreements.
2. The area meets the eligibility requirements included in State law to qualify for an
involuntary annexation to the City of Fort Collins.
3. On June 1, 2004, the City Council considered a resolution determining that the proposed
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. Public hearin firs ' in i es annexing and zoning the
property will be consiL*n
t City it 004.
4. The C - Commercialis ' t"p riate fo his site based on adjacent zoning
and existing land uses and is in conformance with the policies of the City's
Comprehensive Plan.
STAFF RECOMMENDATION:
Staff recommends adoption of the annexation and requested zoning.
Staff is recommending that this property not be included in the Residential Neighborhood Sign
District. A map amendment would be necessary to place this property on the Residential
Neighborhood Sign District Map.
July 6, 2004 -2- Item No. 21 A-C
BACKGROUND
This is a voluntary annexation. The area to be annexed is unincorporated municipally -owned
land.
In accordance with CRS 31-12-106 Annexation of Enclaves, Partially Surrounded Land, and
Municipally Owned Land, when the municipality is the sole owner of the area that it desires
to annex, which area is eligible for annexation as set out in CRS 31-12-104(1)(a) and CRS
31-12-105, the governing body ^cnxvd area to the municipality without
complying with: j
• CRS 31-12-108 Setting He aNg'ce,fyen; or
• CRS 31-12-109 Hearing.
The annexing ordinance shall state that the area proposed to be annexed is owned by the
annexing municipality and is not solely a public street or right-of-way. .
The property is located within the Fort Collins Growth Management Area (GMA). According to
policies and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreements, the City will agree to consider annexation of property in the
GMA when the property is f a c ng State Law. Pursuant to the
Intergovernmental Agreeme the fo wing e o are vant to the Mulberry East lu
Annexation and Zoning:
Section 1- GROWTH MANAGEMENT AREA
8. - Annexations
8(A) It is the City's intent to annex properties within the GMA as
expeditiously as possible.
8(C) The City agrees to annex all CountyyKnrc,ts-of-way,
easeme etc. a cen' o tation.
The property is located withi he Fprtolti U an Gra. According to policies and
agreements between the City 6� Fort ollins and Latimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to
consider annexation of property in the UGA when the property is eligible for annexation
according to State law. This property gains the required 1/6 contiguity to existing City limits
from common boundaries with the Riverbend Annexation (July, 1980) to the south and west and
the Riverbend Third Annexation (August, 2000) to the south.
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
SUBJECT
ITEM NUMBER: 21 A-C
DATE: July 6, 2004
STAFF: Steve Olt
Items Relating to the Mulberry East First Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption ofReResoiu"rion AZT of the -Mnance on First Reading. The
Planning and Zoning Board voted 5-0 to recommend adoption of the annexation and requested
zoning.
EXECUTIVE SUMMARY
A. Resolution 2004-078 Setting Forth Findinjas of Fact and Determinations Regarding the
Mulberry East First A xati
B. Hearing and First Rea of ancA V108,2YOOAnnexing Property Known as the
Mulberry East First Anne ion.
C. Hearing and First Reading of Ordinance No. 109, 2004, Amending the Zoning Map and
Classifying for Zoning Purposes the Property Included in the Mulberry East First
Annexation to the City of Fort Collins, Colorado.
This is a request to annex and zone 3.04 acres located on the south side of East Mulberry Street
and west of Timberline Road. The proposed zoning for this annexation is C — Commercial.
The property is developed. I cludhiCppy
and streets. It is in the FA -
Farming Zoning District in mery annexation of City -owned
property.
Staff is recommending that the property be placed in the C - Commercial Zoning District, which
is in conformance with the City's Structure Plan, and that it not be included in the Residential
Neighborhood Sign District.
APPLICANT: City of Fort Collins
OWNER: City of Fort Collins
Introduced, considered favorably on first reading, and ordered published this 6th day of July,
A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004.
Mayor
.\ 1
Passed and adopted on final reading this 20th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk
40.08 FEET; THENCE, N 85° 37' 56" E 44.58 FEET; THENCE, S 00' 40' 46" E
128.78 FEET; THENCE, TO THE POINT OF A NON TANGENT CURVE
CONCAVE TO THE NORTHWEST 214.86 FEET, WITH A RADIUS OF 699.50
FEET, A CENTRAL ANGLE OF 17` 35' 57" AND A CHORD WHICH BEARS S
15° 37' 48" W 214.02 FEET, THENCE, S 00' 11' 26" W 29.20 FEET TO A POINT
OF INTERSECTION WITH THE NORTHERLY LINE OF THE RIVERBEND
ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 85° 37' 56" E
200.00 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-
OF-WAY FOR A FIFTY FOOT ROAD DESCRIBED IN BOOK 1286 PAGE 457,
THENCE, S 00' 11' 26" W 419.93 FEET TO A POINT OF INTERSECTION WITH
THE NORTHERLY LINE OF THE RIVERBEND THIRD ANNEXATION TO THE
CITY OF FORT COLLINS; THENCE, N 859 48' 34" E 50.00 FEET ALONG
SAID NORTHERLY LINE AND TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID FIFTY FOOT ROAD; THENCE, N 00' 11' 26" E
358.60 FEET ALONG SAID EASTERLY LINE, THENCE, TO THE POINT OF A
CURVE CONCAVE TO THE SOUTHEAST 22.36 FEET, WITH A RADIUS OF
15.00 FEET, A CENTRAL ANGLE OF 85' 25' 37" AND A CHORD WHICH
BEARS N 42' 54' 41" W 20.35 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF COUNTRYSIDE DRIVE; THENCE, N 85' 37' 56" E 143.40
FEET ALONG SAID LINE; THENCE, N 00' 11' 26" E 51.16 FEET TO A POINT
OF INTERSECTION WITH THE NORTHERLY LINE OF SAID COUNTRYSIDE
DRIVE; THENCE, S 85' 37' 56" W 157.25 FEET; THENCE, N 00' 11' 26" E 52.59
FEET; THENCE, N 18' 26' 32" E 134.30 FEET; THENCE, TO THE POINT OF A
NON TANGENT CURVE CONCAVE TO THE NORTHWEST 130.80 FEET,
WITH A RADIUS OF 937.50 FEET, A CENTRAL ANGLE OF 07' 59' 39" AND
A CHORD WHICH BEARS N OF 19' 03" E 130.69 FEET; THENCE, N 00° 40'
46" E 53.08 FEET; THENCE, N 85 ° 37' 56" E 116.78 FEET; THENCE, N 04° 22'
04" E 40.00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION, CONTAINING 3.036 ACRES MORE OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E) of the Land
Use Code of the City of Fort Collins is hereby changed and amended by showing that the above -
described property is not included in the Residential Neighborhood Sign District.
Section 3. That the CityManager is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
ORDINANCE NO. 109, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE MULBERRY EAST FIRST ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS, Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.9 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS, in accordance with the foregoing, the Council has considered the zoning of the
property which is the subject of this ordinance, and has determined that the said property should be
zoned as hereafter provided.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins is hereby changed and amended by including
the property known as the Mulberry East First Annexation to the City of Fort Collins, Colorado, in
the Commercial ("C") Zone District, which property is more particularly described as situate in the
County of Larimer, State of Colorado, to wit:
A TRACT OF LAND SITUATE IN THE NORTHWEST QUARTER OF SECTION
17, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO;
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 17 AS BEARING SOUTH 89° 56' 35" EAST WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 17;
THENCE, S 56° 03' 02" W 519.41 FEET TO THE NORTHEAST CORNER OF
THE PROPERTY DESCRIBED AT RECEPTION NUMBER 85037292; THENCE,
S 85' 37' 56" W 369.10 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF
THE FRONTAGE ROAD WHICH ADJOINS EAST MULBERRY STREET
(A.K.A. COLORADO HIGHWAY #14) TO THE TRUE POINT OF BEGINNING
FOR THIS DESCRIPTION;
CONTINUING, S 85' 37' 56" W 402.28 FEET FOLLOWING ALONG SAID
SOUTHERLY LINE OF THE FRONTAGE ROAD; THENCE, S 00° 40' 46" E
Passed and adopted on final reading this 20th day of July, A.D. 2004.
Mayor
ATTEST:
City Clerk
THENCE, S 00" 11' 26" W 419.93 FEET TO A POINT OF INTERSECTION WITH
THE NORTHERLY LINE OF THE RIVERBEND THIRD ANNEXATION TO THE
CrTY OF FORT COLLINS; THENCE, N 85° 48' 34" E 50.00 FEET ALONG
SAID NORTHERLY LINE AND TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID FIFTY FOOT ROAD; THENCE, N 00° 1 V 26" E
358.60 FEET ALONG SAID EASTERLY LINE, THENCE, TO THE POINT OF A
CURVE CONCAVE TO THE SOUTHEAST 22.36 FEET, WITH A RADIUS OF
15.00 FEET, A CENTRAL ANGLE OF 850 25' 37" AND A CHORD WHICH
BEARS N 42' 54' 41" W 20.35 FEET TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY OF COUNTRYSIDE DRIVE; THENCE, N 85` 37' 56" E 143.40
FEET ALONG SAID LINE; THENCE, N 00' 11' 26" E 51.16 FEET TO A POINT
OF INTERSECTION WITH THE NORTHERLY LINE OF SAID COUNTRY SIDE
DRIVE; THENCE, S 85' 37' 56" W 157.25 FEET; THENCE, N 00° 11' 26" E 52.59
FEET; THENCE, N 18° 26' 32" E 134.30 FEET; THENCE, TO THE POINT OF A
NON TANGENT CURVE CONCAVE TO THE NORTHWEST 130.80 FEET,
WITH A RADIUS OF 937.50 FEET, A CENTRAL ANGLE OF 07" 59' 39" AND
A CHORD WHICH BEARS N 03° 19' 03" E 130.69 FEET; THENCE, N 00° 40'
46" E 53.08 FEET; THENCE, N 85' 37' 56" E 116.78 FEET; THENCE, N 04" 22'
04" E 40.00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS
DESCRIPTION, CONTAINING 3.036 ACRES MORE OR LESS.
is hereby annexed to the City of Fort Collins and made a part of said City, to be known as the
Mulberry East First Annexation, which annexation shall become effective in accordance with the
provisions contained in Section 31-12-113, C.R.S., including, without limitation, all required filings
for recording with the Larimer County Clerk and Recorder.
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 3745-136(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 6th day of July,
A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004.
Mayor
A EST:
Val AL--84k -
City Clerk
ORDINANCE NO. 108, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
MULBERRY EAST FIRST ANNEXATION
TO THE CITY OF FORT COLD NS, COLORADO
WHEREAS, Resolution 2004-067, finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS, the Council 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 OFLAND SITUATE IN THE NORTHWEST QUARTER OF SECTION
17, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, COUNTY OF LAMIER, STATE OF COLORADO;
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 17 AS BEARING SOUTH 89' 56' 35" EAST WITH ALL BEARINGS
HEREIN RELATIVE THERETO;
BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 17;
THENCE, S 56° 03' 02" W 519.41 FEET TO THE NORTHEAST CORNER OF
THE PROPERTY DESCRIBED AT RECEPTION NUMBER 85037292; THENCE,
S 85' 37' 56" W 369.10 FEET ALONG THE SOUTHERLY RIGHT-OF-WAY OF
THE FRONTAGE ROAD WHICH ADJOINS EAST MULBERRY STREET
(A.K.A. COLORADO HIGHWAY #14) TO THE TRUE POINT OF BEGINNING
FOR THIS DESCRIPTION;
CONTINUING, S 85' 37' 56" W 402.28 FEET FOLLOWING ALONG SAID
SOUTHERLY LINE OF THE FRONTAGE ROAD; THENCE, S 00` 40' 46" E
40.08 FEET; THENCE, N 85° 37' 56" E 44.58 FEET; THENCE, S 00' 40' 46 E
128.78 FEET; THENCE, TO THE POINT OF A NON TANGENT CURVE
CONCAVE TO THE NORTHWEST 214.86 FEET, WITH A RADIUS OF 699.50
FEET, A CENTRAL ANGLE OF 17' 35' 57" AND A CHORD WHICH BEARS S
15' 37' 48" W 214.02 FEET, THENCE, S 00' 11' 26" W 29.20 FEET TO A POINT
OF INTERSECTION WITH THE NORTHERLY LINE OF THE RIVERBEND
ANNEXATION TO THE CITY OF FORT COLLINS; THENCE, N 85' 37' 56" E
200.00 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY RIGHT-
OF-WAY FOR A FIFYY FOOT ROAD DESCRIBED IN BOOK 1286 PAGE 457;
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL
ITEM NUMBER: 13 A-B
DATE: July 20, 2004
STAFF: Steve Olt
SUBJECT
Items Relating to the Mulberry East First Annexation and Zoning.
RECOMMENDATION
Staff recommends adoption of the Ordinances on Second Reading.
EXECUTIVE SUMMARY
A. Second Reading of Ordinance No. 108, 2004, Annexing Property Known as the Mulberry
East First Annexation.
B. Second Reading of Ordinance No. 109, 2004, Amending the Zoning Map and Classifying
for Zoning Purposes the Property Included in the Mulberry East First Annexation to the
City of Fort Collins, Colorado.
On July 6, 2004, Council adopted 5-0 (Councilmembers Hamrick and Roy were absent)
Resolution 2004-078 Setting Forth Findings of Fact and Determinations Regarding the Mulberry
East First Annexation.
Also on July 6, 2004, Council adopted 5-0 (Councilmembers Hamrick and Roy were absent),
Ordinance No. 108, 2004 and Ordinance No. 109, 2004, annexing and zoning 3.04 acres located
on the south side of East Mulberry Street and west of Timberline Road.
The property is developed. It includes a storm water drainageway and streets. It is in the FA
Farrning Zoning District in Larimer County. This is a voluntary annexation of City -owned
property.