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Home My WebLink AboutSCHAULIN ANNEXATION & ZONING - 6-98 - REPORTS - FIRST READINGAft f, , do& 4v , I ..0 r' ,,► :rl , 4o ix 'TV _ti�114 7�01 AUf fi. No �++ 1 '1 -1r_ 'rt0- IL I_ ( _1 I_I s, r� t tl • r N - � •� Akw.f y�y rp 1 f . - T C _ 1•I AM f Si f =A 1 )� I - �N�N\n� - �r r µ �i - • �—��•�� .. 3 ,n±, !n� suers $s* � ..." +. i aF 1 1 1 1 }► 1 1 ...�1 Fire Prevention Bureau / 102 Remington Street Fort Collins, CO 80524 970-221-6570 970-221-6635 (Fax Number) March 28, 1997 Mr. Wayne Specht 4325 Timberline Road Fort Collins, CO 80525 Dear Mr. Specht: As per your request to be notified of our findings and disposition following your complaint of (1) weeds; (2) fire lanes and (3) improper zoning regarding property belonging to Mr. Fred Schaulin at 1399 E. Lincoln Ave., the following is respectfully submitted: 1. A violation was written under UFC 11.302(d) regarding combustible vegetation (weeds). 2. A second violation was written under UFC 34.107 regarding access to areas (fire lanes). The owner was given ten (10) days to correct the above violations. 3. The zoning issue is not covered under the Uniform Fire Code and should be addressed with the Larimer County Building Department. If I can be of further assistance, please do not to hesitate to contact me at the Fire Prevention Bureau at 221-6570. Very truly yours, Martin Marrujo Assistant Fire Marshal Enclosures cc: Kevin Wilson, Fire Marshal Rick Baldwin, Fire Inspection Coordinator, C-Shift John Pedas, Larimer County Building Department PROTECTING LIVES & PROPERTY PLANNING DIVISION P.O. Box 1190 Fort Collins, Colorado 80522-1190 Planning Department (970) 498-7683 Building Department (970) 498-7700 Fax (970) 498-7711 NOTICE OF ZONING VIOLATION TO: Frederick S. Schaulin OWNER: Frederick S. Schaulin 215 Block Drive Fort Collins, Colorado 80524 OCCUPANT: Fred S. Schaulin You are hereby advised that an investigation has shown the existence of a ZONING VIOLATION of Section 21.1 of the Comprehensive Zoning Resolution for Larimer County as follows: ACTIVITY: Storing and salvaging vehicles in the I -Industrial Zoning District without Special Review approval from the Larimer County Board of County Commissioners. LOCATION: Portion of the SW 1/4 of Section 7, Township 7 North, Range 68 West of the 6`h P.M., Larimer County, Colorado. Parcel I.D. # 87073-00-027 You are hereby ordered to correct this violation on or before December 31, 1997..If you do not do so, the Board of County Commissioners will consider initiating civil or criminal proceedings to enforce the provisions of the Zoning Regulations on Monday, January 26, 1998 at 3:00 P.M. in the County Board Hearing Room of the Larimer County Courthouse, 200 West Oak Street, Fort Collins, Colorado, at which time and place you may want to be present. Dated this 3rd day of December, 1997. Mailed x BOARD OF COUNTY COMMISSIONERS Certified P 441 675 259 CODE ENFORCEMENT - PLANNING OFFICE First Class x John A. Pedas Zoning Administrator P O Box 1190 Fort Collins, Colorado 80522 (970)498-7691 i41 PRINTED ON RECYCLED PAPER LA�In;Fi; covr��n� . December 23, 1996 Mr. Frederick S. Schaulin 215 Block Drive Fort Collins, Colorado 80524 Dear Mr. Schaulin: Fur: colic%. Pte:rtrr Depa;LTe�; {970) «$-'053 6uibin? uepa=ea; (M) 4?t -7 7 Fax (?70)4;?•77;t Our office has recently become aware that you using a certain parcel of land you recently purchased from Gates and Yates for your auto repair/salvage operation. You may recall a similar instance in April, 1992 when you were notified that the property had not been approved by the County for your auto salvage operation. Since nothing has changed in terms of zoning or special review on the property, since April 1992, it can not be used in conjunction with the use you have on the adjacent property to the Jest. Please be advised that you must remove all vehicles from this property within 30 days from the date of this notice or we will be forced to turn tlic matter over to the County Artomey's Office to take whatever action is necessary to enforce the provision of the Zoning Regulations_, Any person found guilty of a zoning violation is subject to a fine of not more than $100.00 or imprisoned not more than ten days or both and each day that a violation shall continue shall be deemed and separate ol:ense. If you have questions or need additional inforration please contact me possible. as seon as Sincerely, John A.Pedas Code Enforcement Officer cc: Count}, Attomev Me 11/£0'd SH92ML6 'ON XH NN310 A110 99:£0 NOW 86-H-8du ATTE5T: City Cien, APPROVED AS TO FORINt L Dir'cvlor qf/En.ginccring Attorney 7 F C x7 CO L L i 'N-5, CC', F-0 City Manager DEVELOPER: Wayne S,,fccht By Mdr�E. Pcht OWNER: Rosalie S. Rohrbacker 11/11 'd 96F92ML6 'ON XVA NN310 A110 69:E0 NOW 86-2—Ndv •' _ >' . �::� Coy:•, a:! ;:; J.;:_�• _...?�i;' .'•ita•:i1t. �,ui:•z:-cats of 1;,. ..:�'1=_ ".- ,•c_; �.0 C. [a :ha event tie City waives any broach of thin agrcerner,t, no such .vaivcr sh311 be i:eld or corstru:d to be a waiver of any s.tbscquent breach hercof. ' H. Financial obligations of, the City of Fort Collins payable after the current fiscal year and/or not appropriated or budgeted are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. I. This Agreement shall run with the real property herein described and shall be binding upon the parties hereto, their personal representatives, heirs, successors, grantees and assigns. Assignment of interest within the meaning of this paragraph shall specifically include, but not be limited to, a conveyance or assignment of any portion of the Developer's real or proprietary intcrest ill the real property herein described, as well as any assignment of the Developer's rights to develop such property under the terms and conditions of this Agreement. J. In the event that either the Developer or the Owner transfers title to such real property and is thereby divested of all equitable and legal interest in said property, the City hereby agrees to release said party from liability under this Agreement with respect to any breach of the terms and conditions of this Agreement occurring after the date of any such transfer of interest, In such event, the succeeding property owner shall be bound by the terms of this Agreement. K, Each and every term and condition of this Agreement shall be deemed to be• a material clement hereof. In the event either party shall fail or refuse to perform according to the terms of th;s Agreement, such party aray.bc declared in default. In the event a party has been declared in default hereof, such defaulting party shall be allowed a period of five (5) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or, (c) avail itself of any other remedy at law or equity. L. In the event of the default of any of the provisions hereof by either party which shall require the party not in default to commence legal or equitable action against said defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney's fees and costs incurred by reason of the default. Nothing herein shall be Construed to prevent or interfere with the City's rights and r^.medics specified in ,"aragrnph 3 E of this Agreement. II/011d 96Z92Z0L6 'ON Xd3 NN310 AlIO 69:£0 NOW 86-OZ-8dU vtl;!: ±\u 5; 1,ing or crusmng of vel'Icics shall be vcrm.incd On the development. 3. miseclinricous A. The DcvcIoper agrees to provide and install, at its expense, adequate barricades, warning signs and similar Safety devices at all construction slits within the public tight -of -way and/or other areas as deemed necessary by the Director of Engineering in accordance with the City's "Work Area Traffic Control Handbook" and shall not rcmovc said safety . devices until the construction has been approved by the Director of Engineering. B. The Developer, shall, at all times, keep the public right-of-way fret from accumulation of waste material or rubbish caused by the Developer's operation; shall remove such rubbish no Iess titan weekly and; at the completion of the work, shall remove all such waste materials, rubbish, tools, construction equipment. machinery, and surplus materials from the public right-of-way. The Dcvcloper further agrees to maintain the finished street surfaces free from dirt caused by the Developer's operation. Any excessive accumulation Of dirt and/or construction materials shall be considered sufficient cause for the City to withhold building permits and/or certificates of occupancy until the .problem is corrected to the satisfaction of the Director of Engineering. if the Developer fails to adequately clean such streets within two (2) days after receipt of .written nutlet, the City may have the streets cleaned at the Developer's expense and the Developer shall be responsible for prompt payment of all such costs. C. The Dcvcloper lteruby insures that his subcontractors shall cooperate with the City's• construction inspectors by ceasing operations when winds are of sufficient velocity to create blowing dust which, in the inspectors opinion, is hazardous to the public health and welfare. D. When the inspector determines that crosiOr. (either by wind or water) is likely to be a problem, the surface area of erodible earth material exposed at any one time shall not exceed 200,000 square feet for earthworks operations. Temporary or permanent erosion control shall bu incorporated into the subdivision at the earliest practicable time. By way of explanation and without limitation, said control may consist of seeding of approved grasses, temporary dikes, gabions, and/or other devices. f- The Dcvcloper shall, pursuant to the tcrrns of this agreement, compL^te all improvcmcats and perform all Other obligations rcquircdcc,-ci., as such r„ct;s Or rbligatio:.s may be 0011T 0.n, the original plat arc; rcl;.ted d,cLrncr.ts, o: On any rc.plat scb;eeuer,;I; filed b; J,•, t1r: Dcvelc; er, z^d the City may .' tl' :,• sL`:,i �. ;!ifL:ipt, pC::"!]s 2^� [ :f1C_ PS f o: , o Ci=:'g:c r:::'j:"•� i C:.: G;C ;C: �:'--C 'CL`t_ Cy 35 - rr._:::c hr.cC. 11/60'd SE92ML6 'ON Xd� NN310 A1I0 65:£0 NOW 86-OZ-8dd r :P. ,... -::5 t r:. r. 5 (' Q r I;:: b. Storage in the F.if;:t-C;•v,,y. No storage of any vehicle or part thereof shall be allowed in the East Magnolia Street right-of-way. Storage shall be allowed in the forty -Coot (do ft.) setback adjacent to such right-of-%%.Uy until such time as the East Magnolia intpfovcmcnts are required to be installed as herein Provided. All Costs necessary to remove any items stored in such setback shall be borne so(ely by the Developer. c. Encroachment Permit. The approved site plan rcyuires installation of fencing, a gale and landscaping within the East Magnolia Street right-of-way. The City hereby grants permission to the Developer to encroach into such right-of-way for the improvements shown on the site plan until such time as East Magnolia Street is extended as described in Paragraph 2-E_(i)a. above. (ii) Drainage of Fluids and Storage on Site. All fluids shall be drained from vehicles prior to storage and/or salvage on site, and all such drainage shall be conducted solely within a building or buildings on the development and in a room with concrete flooring. Storage of motor oil, diffcrential grease, br3kc fluid, transmission fluid and antifreeze on the development shall be limited to one 30-gallon barrel of combined motor oil, differential grease, brake fluid and transmission fluid and one 30-gallon barrel of an;tfreeze. Each 30-gallon barrel shall be stored within a building in a room with concrete flooring, and each Such barrel shall be encased in a 50-gallon barrel Surrounded by a cement barricade three (3) feet in height. Gasoline shall be drained and used to operate equipment and vehicles used on the property. Any storaoc Of gasoline on the dcvclop,ncnt shall be in closed Containers within a building with a concrete floor. Storage of freon shall be limited to one 25-pound high pressure drum or freon canister. Transmissions and batteries shall bC stored within buildings of sheaving and/or w0odcn racks aL•ove the floor until recycled. All storage shall conform to current City Fire Code prot'isiens and apnlicablc state and )Oct)ha regulations. The pro.-Is;or:s of this parcgrep!; shall riot be cons:rucd it,, «r,y V:.ay to CXC".Pt the Developer from., COMP!ving c.•;th -!l -..i•- 1I/80'd SE92ML6 'ON Hd3 NH310 t1110 8q:£0 NOW 86-2—Ndd ofr-s:tt itor-t -... .il:')•...._._ .:i {1 isU 7-n :Cti by the Dcvr;opc: ;r:or to tl i>_1=:cc of :.t of c�rtifi'_ occupancy. Coal lctica of `iMprovC7C nts Si.ail incl-de the ccrtificati0n by a IicCnsCd Drofe;;ion]l cngi,,ccr r at the drainaec facilities '.which serve this development, have bccn constructed is conformance with the approvcd pans. (ii) The Developer agrees to provide and maintain erosion control improvements as shown on the approvcd utility plans to stabilize all over -lot grading in and adjacent to this development. The erosion control improvements must be Completed prior to the issuance of any building permits. D. Streets. (i) The Developer and the City agree that no street oversizing rcimburscmenr is due the Developer for the development. E. Other Conditions (i) East Nfagnoiia Street Right -of -Way. a. Street and Strectscape Improvements That portion of the East Magnolia Street right-of-way within this devclopmcnt shall be improved to City Standards at such time as said street is extended into the undeveloped property lying west of tl:e development or at the time :additional buildings are approved on ttte development. When such extension or additional building occurs, the Developer shall install such right-of-way improvements at his sole cost or, at the option of the City, shall participate in the formation of a special improvement district therefor. The landscaping within the forty -foot (40 ft.) setback adjacent to the East bagnolia Street right-of-way ("Strectscape") as shown on the site plan, shall be installed by the Developer at his sole cost at the time the improvements to East Magnolia Street arc required as herein provided. In the event that a portion of the development with frontage on East Magnolia Street is transferred to a third party, the owner of the property so transferred shalt be responsible for the payment of a pro rats share of the costs of the street and Strectscape improvements based upon the percentage of frontage to the whole frontage to be improved. The provisions of this paragraph shall be deemed to constitute a covenant of the Developer running with the property and shall be binding on the Developer and any subsequent o'wncr of the prnperty or any portion thereof. This Agrcectent shall be recorded in the Clerk and 0cccrdcr's Of;'icc in Caritner COuaty, C010,3do. Furnccr, cov<-nanls t9 invl i. UV` zuch iC5i:ICt:VnS I VLO 'd 9H9 2ML6 'ON X83 NN310 AM 89 : £0 NOW 86-2-8dd rl. All storm 2rci:rcSC r:, (::;es s'.. t t c by the Dc•ctoper pro::ct t v... ..st car.•; ' fl properties against ir.j,,;*y and to adcCi:,tcJ_; serve the pro;�crt.• to be developed (and other lands as may be required, if any). The Developer has met or exceeded minimum requirements for storn: drainage facilitics as have beer established by the City in its Drainage Master Plans and Design Criteria. The Developer does hereby indemnify and hold harmless the City front any and all claims that might arise, directly or indirectly, as a result of the discharge Of injurious storm drainage or seepage waters Cron the development in a manner or quantity different from that which was historically discharged and eau3cd by the design or construction of the storm drainage facilities, except for (1) such claims and damages as are caused by the acts or omissions of the City in maintenance of such facilitics as have been accepted by the City for maintenance; (2) errors, if any, in the general concept of the City's master plans (but not to include any details of such plans, which details shall be the responsibility of the Developer); and (3) specific directives as may be given to the Developer by the City. Approval of and acceptance by the City of any storm drainage facility design or construction shall in no manner be deemed to constitute a waiver or relinquishment by the City of the aforesaid indemnification. The Developer shall engage a licensed professional engineer to design the storm drainage facilities as aforesaid and it is expressly arfirmcd hereby that such engagement shall be intended for the benefit of the City, and subsequent purchasers of Property in the development. I. The Developer shall pay storm drainage basin fees in accordance with Chapter 26, Article VII of the City Code. Storm drainage improvements eligible for credit or City repayment under the provisions of Chapter 26 are described together with the estimated cost Of the improvements on the attached Exhibit "B," which improvements, if applicable, shall -include right-of-way, and construction costs. See Section 2.C, Special Conditions. Storm Drainage Lints and Appurtenances, for specific instructions. I. The Developer shall provide the Director of Engineering with Certified Record Utility Drawing Transparencies on Black .Image Diazo Reverse Mylars upon compaction of any phase of the construction, 2.�)al Con¢�i_on� A. Water lines. Not Applicable. B. Sewer lines. Not Applicable. 11/90'd SE90OL6 'ON XVJ N8310 A110 L9 O NOW 86-H-80 ti.:ti...._.. �.. .. �. .a� �Gt:O: S, $1•d:'.v t:: i(: .at;1 .y.• .. iy : all 7: tn$i_::d 's 1i:4':ii 'iR 1.i appiov.-d utility }^ill. i.`;t,j [n f'.II complia3c:c "ith the Council-Rpprovcd standards and specifications of the City on file in the Off icc of the Dircctvr Of Enainccrirg at tat titre of approval of the utility plans rc(ating to the sp:cific utility, subieot to a three (3) year time limitation from the date of cxct:ution of this agrocmcat. In the event that the Developer commences or perfvrmi any construction pursuant hcreto after three (3) years from the date of exccutioa of this agreement, the Devcloper shall resubmit the project utility plans to the Director of Engineering for reexamination. The City may require the Developer to comply with approved standards and specifications of he City on file in the Office of the Director of Engineering at the time of resubmittal. C. No building permit for the construction of any structure within the development shall be issued by the City until the water lints, fire hydrants, sanitary sewer and strccts (with at Ieast the base course completed) serving such structure have been completed and accepted by the City. No building permits shall be issued for any structure located in excess of six hundred sixty feet (660,) from a single point of access. D. Any water lines, sanitary sewer lines, storm drainage lints, and/or strccts described on Exhibit "A," attached hcreto, shall be installcd within the time and/or sequence requircd on Exhibit "A." If the Director of Fnaincering has determined that any water lines, sanitary sewer lines, storm sewer facilities and/or strccts arc required to provide service or access to other areas of the City. those facilities shall be shown on the utility plans and shall be installed by the Developer within the time as established under "Special Conditions" in this document. E. Except as •btherwise herein specifically agreed, the Developer agrees to install and pay for all water, sanitary Sewer and storm sewer facilities and appurtenances, and all streets, curbing, gutter, sidewalks, bikeways and other public improvements required by this development -s shown on the plat, utility and landscape Plans. and other approved documents pertaining to this development on file with the City- F. Street improvements (cxccpt curbing, gutter and walks) shall not be installed until all utility lines to be placed therein have been completely installed, including all individual lot service lines leading in and from the main to the property line. G. The installation of all utilities shown on the utility drawings Shall be inspected by the Engineering Department of the City and shall be subject to such department's approval. The Developer agrees to correct any deficiencies in such installations in order to meet the requirements of the plans aad/ur specifications applicable to such installation. in case of conflict, the utility lltawiRc,S shall su0cr5odc the standard specifications. 11/901d 96Z92ML6 'ON Xli3 NN310 A110 L9:£0 NOW 96-2—M to AGPEE*li-,\T THIS AGREkMEN'l', mad, and entered into this . J '- t/ dcI ci 194�, by and hctu-ccn TNF CITY OF FORT COLLINS, COI(3:r-DD, �r .Municipal Corporation, hereinafter rcfcrrcd to as "the City'; ll'A)'NE SFE•Cti l and MARY E. SPE•CHT, as individuals, c0llecti%'ely hereinafter rcfcrrcd to as "the Developer"; and ROSALIE S. ROHRBACHER, an individual, hcrinafter referred to as "the Owner'. µ'IT,NESSETH WHEREAS, the Developer has entered into an agreement with the Owner to acquire ownership of certain property situated in .the County of Larimcr. State of Colorado, and legally described as follows to wit: ROURDACKER P.U.D., situate In the Southwest 114 or section 7, Township 7 North, Range 68 West of the 6th P.M., Latimer County, Colorado. WHEREAS, the Developer desires to develop said property and has submittcd to the City a subdivision plat and/or a site plan and landscape plan, a cagy of which is on file in the Office of the Director of Engineering and made a part hcrcof by rcfcrcacc; and WHERFAS, the Developer has further submitted to the City a utility plan for said lands, a copy of which is on file in the office of the Director of Engineering and made a part hcrcof by reference; and WHEREAS, the parties hereto have agrccd that the development Of said lands will rcquirc increased municipal services from the City in order to serve such area and will further require the installation of certain iniprovemcnts primarily of benefit to the lands to be developed and not to the CIE). of Fort Collins as a whole; and F'HEREAS, the City has approved the subdivision plat and/or site plan and landscape plan submitted by the Ddvcloper subject to certain requirements and conditions which involve the installation of and construction of utilities and other municipal improvements in connection with said lands. N'OW, THEREFORE, in consideration of the promises of the parties hereto and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is agreed as follows: 1. General C nditi n A. The terms of this Agreement shall govern all dCvelODmcnt activities of the Dcvcloper pertaining to the subject property described above. For the purposes of this Agreement, "development activities" shall include, but not be limited to, the following. (1) The actual construction of improvcm.cnts, (2) Obtaining a building perrrit therefor, or (3) Any change jr. grade. contour or appcarancc of said property caused by or on i;chalf of the Dcvcloper with the intent to construct improvements thcrcor.- 96Z91aZM 'ON XHd NN310 A110 99:£0 NON 86-2-Ndd r 1 i• r .' .0 which means Mr. Schaulin could not have any more vehicles on his premises than he has now. I asked Mr. Ludwig how this was would be enforced. He replied, "Gee, I don t know, maybe we could send someone out to check". On December 23, 1996, Mr. Schaulin was cited for a zoning violation with the county. (Exhibit B) On March 28, 1997, Mr. Schaulin was cited by the Poudre Fire Authority on two counts.(P & Z Board has this citation and pictures in their possession at this time.) On April 2, 1998, I attended the Planning and Zoning Meeting. 1 addressed my concerns which included, 1) Not enough water pressure to the site which, 'I was told by the P.F.A. years ago, that there would have to be a 6" maim brought in from Lincoln Avenue to this property. 2) The Schaulin property on the south east corner is very low making the ground water very high. Mr. Schaulin has several hundred vehicles stored on this property including the low area, where the water is about 15" from the surface. 3) Mr. Schaulin said he takes out the batteries, drains the radiators and leaves the other hazardous fluids in the vehicles. Oil, transmission fluid, gasoline, power steering fluid, rear end grease etc., 'in wrecked or junk vehicles, will leak out. When asked by the P & Z Board, Mr. Schaulin; assured them he would not pollute his property. How can you take the word of someone who has been using this property illegally since 1992? 1 think that. there should be an Engineers Study, the water pressure should be addressed and most importantly the environment contamination problems. I think the city m= have an enforceable Development Agreement with Mr. Schaulin that he cannot add anymore vehicles, that he drains all hazardous wastes and fluids, that he recovers and recycles freon, all hazardous fluids are stored in approved containers and limit the amount of such fluids that can be stored on the site. At the P & Z Meeting one of the board members made a joke about the "solution for pollution was dilution". I didn't find this very amusing, when Mr. Schaulin's hazardous wastes are contaminating everyone else's ground water supply. If the city counsel approves this annexation without any rules and enforceable regulations and restrictions, then there is something terribly wrong with our city government. Wayne SSpecht 111Z0 'd 56Z92ZOL6 'ON XVA A8310 A110 55: £0 NOW 86-OZ-H0 , Wayne Specht 4325 Timberline Road Fort Collins, CO 80525 970-226-5223 KWED April 19, 1998 APR u 0 1998 ' iAl - GER Madam Mayor and City Counsel Members, This letter is in opposition to the Schaulin Annexation_ l oppose because there are too marry unanswered issues that need to be addressed. I own property that adjoins Fred Schaulin's property on the south. In Dec_ 1991, I had this property rezoned for a salvage yard. It was rezoned under a P.U.D. I had to have a Development Agreement with the city, which is very restrictive_ It included landscaping, screeni ig, drainage of fluids, etc. Enclosed is Exhibit A of our Development Agreement, refer to page S. Before the Planning and Zoning Board Meeting on April 2, 1998, I met with Michael Ludwig. He informed me that the city was going to annex the Schaulin property without any restrictions or reservations. I talked with Michael Ludwig by telephone the afternoon of April 2, 1998, he assured me that the P. and Z. Dept. was going to put some restrictions on Fred Schaulin's annexation. Prior to the P & Z meeting, I asked him what kind of restrictions would be placed, he replied that he didn't know, yet, but there would be some. I then told Mr. Ludwig that I would like to change my zoning to the same zoning as Fred Schaulin, his was less restrictive. Mr. Ludwig told me that for to rezone my property to a I-1 Industrial would be very costly and would have more stringent restrictions than what I have. I asked why it would be more costly and have more stringent restrictions for me and why the city was just giving the I -I Industrial Zoning to Mr. Schaulin with no restrictions or reservations. Mr. Ludwig said, "That's just the way it is". Mr. Ludwig also told me that after the annexation the city would; 1) Enforce the Nuisance Code, which involves weed cutting. 2) Enforce the Land Use Approval, 11/10'd 96Z92ZOL6 'ON Xdd NH310 A110 99;£0 NOW 86-2-8dd As stated in the Agenda Item Summary, the Poudre Fire Authority has inspected the site. Presently, the Poudre Fire Authority does not have any hazardous material or fire protection issues with the site. CONCLUSION: There are differences between the processing of'Mr. Specht's property and the processing of the Schaulin Annexation. First, Mr. Specht requested PUD approval and Mr. Schaulin is requesting annexation and zoning. Additional differences are a result of a change in the City's land use regulations over the last 8 years. Both properties have been processed in accordance with the regulations in effect at the time of their consideration. Staff recommends that Mr. Specht's concerns have been adequately addressed. J, BACKGROUND: Mr. Specht's property was annexed into the City of Fort Collins on March 13, 1990 and was zoned C, Commercial with a PUD condition. (Note: This was the only condition of annexation.) A change of use on the property was then proposed which required the applicant to submit a PUD application subject to the requirements of the LDGS. The Planning and Zoning Board's approval of the Rohrbacker PUD was upheld by the City Council on appeal on September 18, 1990. The three conditions placed on the PUD were as follows: "1. No stacking of autos be permitted on the site. 2. Screening be provided to block views from adjacent properties along East Magnolia Court. 3. A determination be made regarding where water to the west is coming from and where the proposed earthen berm should be placed." As part of the adoption of City Plan in the Spring of 1997, Mr. Specht property was rezoned to I, Industrial. However, Mr. Specht is still subject to the site specific development plan requirements and conditions of the Rohrbacker PUD. SCHAULIN ANNEXATION: Mr. Schaulin currently operates a salvage yard on his property in Larimer County (legally on the western parcel and illegally on the eastern parcel). Mr. Schaulin was issued a zoning violation by the County for the eastern parcel (see documentation submitted by Wayne Specht to the Planning and Zoning Board). According to the Intergovernmental Agreement for the Fort Collins Urban Growth Area, Mr. Schaulin first needs to apply to the City for annexation. Mr. Schaulin is requesting I, Industrial Zoning. This request is consistent with the City Structure Plan. The City no longer has a PUD system and therefore, no longer places PUD conditions on annexation and zoning requests. Mr. Schaulin is requesting annexation to the City, not a site specific development plan approval. Therefore, there are no site specific development plan conditions or a development agreement. Mr. Schaulin is not proposing a change of use. Therefore, the City is limited in requiring improvements to the site. In an attempt to address neighborhood and Board concerns, the Planning and Zoning Board recommended that a pre -annexation agreement be required as a condition of annexing the property. Mr. Schaulin has signed a pre -annexation agreement with the City of Fort Collins. The annexation agreement is attached as Exhibit A of Ordinance No. 66, 1998. Jn addition to providing fencing and berming, the pre -annexation agreement specifically states that Mr. Schaulin "shall contain appropriately all pollutants" and that he "shall comply with all applicable governmental requirements, including, but without limitation, fire code requirements, weed control requirements, and environmental protection requirements." Commu.-_.y Planning and Environmental .. _;vices Current Planning City of Fort Collins MEMORANDUM Date: April 21, 1998 To: Mayor and City Council Members Thru: John Fischbach, City Manag r� Greg Byrne, Director of CPI From: Michael Ludwig, City Planner RE: Schaulin Annexation This memorandum responds to issues that have been raised by Wayne Specht, 4325 Timberline Road, Fort Collins, CO 80525 regarding the Schaulin Annexation. The following items are attached: • April 19, 1998 memo from Mr. Specht addressed to the Mayor and City Council received on April 20, 1998 (including the Rohrbacker PUD development agreement). • Documentation submitted to the Planning and Zoning Board by Mr. Specht at the April 2, 1998 Planning and Zoning Board Hearing including: a copy of the Notice of Zoning Violation issued to Fred Schaulin by Larimer County; a March 28, 1997 letter to Mr. Specht from the Poudre Fire Authority regarding the Schaulin property; and photocopies of various photos of the Schaulin site. Mr. Specht alleges discrepancies between the processing of his property and the processing of the Schaulin Annexation. Staff is not sure whether Mr. Specht will be in attendance at the April 21, 1998 City Council Meeting. If Mr. Specht does attend, he may pull the Schaulin Annexation from the Consent Agenda. If Mr. Specht does not attend the meeting, the Council may pull the Schaulin Annexation from the Consent Agenda if they do not feel Mr. Specht's issues are adequately addressed by this memorandum. Staff recommends that Mr. Specht's issues are adequately addressed by this memorandum and that the Schaulin Annexation should remain on the Consent Agenda. 281 North College Avenue • P.O. Box 580 9 Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 SCHAULIN ANNEXATION ro Ilre arr M roar MUM& murrrr a 1"DAFk SIAreaecanno0 APORTIONMINESOHTHWPSr QUARMM.ffL I, TO� T NORM RANOR a WPST M THE LTH PAt, A pr Y r EY N Y Er. f, T.•r♦ t luw a� Y rr YrrrL. Y•YwrYrY rr rr.rr•Y� w r�r r r uF..r rr� . rrY r.r •ri i.�lw c.r. u..ryi��im lE�rr Immrm..�aw r.r Y�w E.X�aw.wsrvxmwpr Y'E fnllrrrwvYrlYEwrawr.r a # a slam r r r X.X rr..r � YIaX, a• r u.r.rr�an�rr.r AM- E.viml stun ttm rr[ [mwx[M ...rr�wrlr... urlrwl.irrmllr.awmrrW Y r rAal.w.vr.orrwrrrrwrrrrrlrr • rr X M• a E r wm Y rr �r br Y.. r� w.�r x mrsYtr MYr..rr.W Ir Xtl• YE Inlmrr.w xEuurrrErrvYrty t rrrx#rE fms A.rrx#aErmnrXexm•#Ewrir.�r�.r L•ryrrLY•Y uraw XD` Ip#ElRmr prlYY1#E nYl.Jr rN.rprrlY.Y E..rrin' m#wlmmr.r a.rprrtv.v rlm• rwmaw raw•Im• #r>u 1s •� a m' II v IY n r. r rr r YY.r: �. L.. �. v aw ranvl rtr P. tr T.. r uY..rrwl mrtua t n.es. You QIJY mrtlavYEvamurlmms In LY# 101/J.aNYtR1LLWIa I,LYY V IVVIWIY: nYr Tm1YTlempw.uMouuV uMYPAMQrtnrfmu. OpimJM.� WrtX•wvmum m(muO n lfiwfl�l nlm0u(06�IO ImDW�Im1W rIK olm'm1p.+mm Yn°u+.nn.nem r.u` anolvrm±rnm .m°V:m`.:m..H`Oirmrpv Lid► newrry mu TPnw J I - YTa� 20GulR SECT:OJT T_TM Q.LRW , 1� _R ; '� =�„ CMULIN ANNEXATION :1_1�-n�,5 L.OT 1 ..�..�..... for ® 1� r n^ ^J > m rx ^ N M LpT J r• 8 W ef ) IP „ m m W AO b m j' 0 Z N .- w W 'R6q[_T T•..I.w ". T(LPL� ONt 1 ua x[4[s• 2.A2 P�2ES' d IL d1 6 B9• 2Z' W 243.23 ooxmAlR #m roar CIXLR6 CM1 IRFIf lel zA ROHROAC ER PUD E. MAGNOLIA STREET ' AAA E ♦.10' irT S) VICINITY MAP 01/28/98 #6-98 Schaulin Annexation & Zoning 1"= 600' No Text FEET ALONG THE NORTHERLY LINE OF LINCOLN AVENUE; THENCE S 29' 10' 30" W 100.00 FEET TO THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE S 000 38' W 833.59 FEET; THENCE S 00' 24' W 503.59 FEET; THENCE S 89° 23' W 140.12 FEET TO THE POINT OF BEGINNING; CONTAINING 2.05 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 be, and the same hereby is, changed and amended by showing that the above -described property is not included in the Residential Neighborhood Sign District. Section 3. That the Director of Engineering is hereby authorized and directed to amend said Zoning Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 21st day of April, A.D. 1998, and to be presented for final passage on the 5th day of May, A.D. 1998. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of May, A.D. 1998. Mayor ATTEST: City Clerk ORDINANCE NO. 67, 1998 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 SCHAULIN 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 2.8 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 be, and the same hereby is, changed and amended by including the property known as the Schaulin Annexation to the City of Fort Collins, Colorado, in the I (Industrial) Zone District, which property is more particularly described as situate in the County of Larimer, State of Colorado, to wit: TRACT ONE: A PORTION OF THE SW 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., WHICH CONSIDERING ALL BEARINGS RELATIVE TO THOSE AS SHOWN ON THE PLAT OF THE EAST MULBERRY SUBDIVISION, IS INCLUDED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SE CORNER OF LOT 2, BLOCK 1, EAST MULBERRY SUBDIVISION, LARIMER COUNTY, COLORADO, AND RUN THENCE S. 00 DEGREES 34' W. 503.59 FEET; THENCE S. 89 DEGREES 23' W. 243.23 FEET; THENCE N. 00 DEGREES 24' E. 503.59 FEET TO THE SW CORNER OF SAID LOT 2; THENCE N. 89 DEGREES 23' 30" E. 244.70 FEET TO THE POINT OF BEGINNING, COUNTY OF LARIMER, STATE OF COLORADO. CONTAINING 2.82 ACRES MORE OR LESS. TRACT TWO (including Right -of -Way): A TRACT OF LAND SITUATE IN THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO WHICH CONSIDERING THE SOUTH LINE OF THE SAID SOUTHWEST 1/4 AS BEARING N 890 23' E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT A POINT WHICH BEARS N 710 34' E 1324.90 FEET AND AGAIN N 00024' E 410.98 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE N 000 24' E 503.59 FEET; THENCE N 89' 23' E 120.12 FEET; THENCE N 00' 38' E 844.91 FEET TO A POINT ON THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE N 29' 10' 30" E 100.00 FEET; THENCE S 60° 49' 30" E 22.76 EXHIBIT licit 13 of the Raplat of Lota 11 through 16 of the g1,5T MULBERRY StTBDZVZSIQNr County of Lorimer. State of Colorado. :. EXHIBIT "B" Lot 2, Renlat b' Lots 14, 15, and 16, of thee Fc-plat o? L:Ls 11 thro,:c?: 16 of Fast r*s1•-r 51bCvs cn. AcMrdi:_ to t^e rerded Plat t'^�^seo� C-- 'X-.r of I.z=^r—r, Ste-3 of Crlcracc. _ ' also lczoR^s as street and nu -fiber 1405 East. Clive SL�~ee Fort Col i.-s, CO 30521 EXHIBIT "A" IrIXTRI A PORTION OF THE SW 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., WHICH CONSIDERING ALL BEARINGS RELATIVE TO THOSE AS SHOWN ON THE PLAT OF THE EAST MULBERRY SUBDIVISION, IS INCLUDED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SE CORNER OF LOT 2, BLOCK 1, EAST MULBERRY SUBDIVISION, LARI1vIER COUNTY, COLORADO, AND RUN THENCE S. 00 DEGREES 34' W. 503.59 FEET; THENCE S. 89 DEGREES 23' W. 243.23 FEET; THENCE N. 00 DEGREES 24' E. 503.59 FEET TO THE SW CORNER OF SAID LOT 2; THENCE N. 89 DEGREES 23' 30" E. 244.70 FEET TO THE POINT OF BEGINNING, COUNTY OF LAR AER, STATE OF COLORADO. CONTAINING 2.82 ACRES MORE OR LESS. TRACT TWO (including Right -of -Way): A TRACT OF LAND SITUATE IN THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO WHICH CONSIDERING THE SOUTH LINE OF THE SAID SOUTHWEST 1/4 AS BEARING N 890 23' E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT A POINT WHICH BEARS N 710 34' E 1324.90 FEET AND AGAIN N 00024' E 410.98 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE N 000 24' E 503.59 FEET; THENCE N 89° 23' E 120.12 FEET; THENCE N 00° 38' E 844.91 FEET TO A POINT ON THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE N 29° 10' 30" E 100.00 FEET; THENCE S 60° 49' 30" E 22.76 FEET ALONG THE NORTHERLY LINE OF LINCOLN AVENUE; THENCE S 29° 10' 30" W 100.00 FEET TO THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE S 00° 38' W 833.59 FEET; THENCE S 00° 24' W 503.59 FEET; THENCE S 89° 23' W 140.12 FEET TO THE POINT OF BEGINNING; CONTAINING 2.05 ACRES MORE OR LESS. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective, 1998. Frederick S. Schaulin, Property Owner STATE OF COLORADO ss. COUNTY OF LARIMER The foregoing instrument was subscribed, sworn to and acknowledged before me this1 h= day of bL2 (L � \- , 1998, by Frederick S. Schaulin. My commission expires: 1,(-::27,�q Un ATTEST: City Clerk THE CITY OF FORT COLLINS, a Colorado municipal corporation John F. Fischbach, City Manager 3 err^o�ToForm Deputy City Attorney berm shall be properly maintained to protect the neighboring properties from storm drainage crossing, or originating on, the Schaulin Property. C. An eight (8) foot solid metal privacy fence from a point twenty-five (25) feet west of the southeast comer of the Welty Property west along the line between the Welty Property and the Schaulin Property to Block Drive. Such fence shall be properly maintained by Schaulin on a permanent basis. 2. Schaulin shall insure that the primary access to the Schaulin Property remains Block Drive and not the access easement which benefits the Schaulin Property on the east boundary of the Welty Property. Schaulin shall erect a locked gate for emergency vehicles at the northeast corner of the Schaulin Property along the south boundary of the access easement benefitting the Schaulin Property on the east side of the Welty Property. Schaulin shall insure that the locked gate in properly maintained on a permanent basis. 3. Schaulin shall contain appropriately all pollutants produced by the auto wrecking business, including without limitation, gasoline, petroleum, antifreeze and freon, on the Schaulin Property, so that no contamination occurs on or beneath the neighboring properties. 4. If at any time, the Schaulin Property is brought up to the grade of adjacent properties on either the east boundary line of the Schaulin Property or the south boundary line of the Schaulin Property, Schaulin shall install an eighteen (18) inch berm of compacted road base material in and along such places i1; at such time, the auto wrecking yard use is continuing on the Schaulin Property. 5. In his use of the Schaulin Property for an auto wrecking yard, Schaulin shall comply with all applicable governmental requirements, including, without limitation, fire code requirements, weed control requirements, and environmental protection requirements. If Schaulin should be required by any governmental entity to take more stringent precautions or actions than this Agreement calls for, then Schaulin shall comply with those higher requirements in lieu of those herein. 6. This Agreement shall be binding upon the successors and assigns of the parties, and shall constitute running with the land. 7. In the event of breach hereof by a party, the nonbreaching party or parties may, in addition to all other remedies, seek and obtain specific performance hereof and may, in addition, recover the costs and reasonable attorney fees incurred by reason of such breach or enforcement. 8. This Agreement will become null and void in the event the Schaulin Property is not annexed into the City by August 1, 1998. The Agreement will become null and void when the Schaulin Property is developed according to the terms of a site specific development plan processed and approved pursuant to the Land Use Code of the City (as said Code may be amended from time to time). 2 Exhibit "A" PRE -ANNEXATION AGREEMENT THIS PRE -ANNEXATION AGREEMENT, is executed this day of 1998, by and between THE CITY OF FORT COLLINS, COLORADO (hereinafter referred to as "City") and FREDERICK S. SCHAULIN (hereinafter referred to as "Schau& ). WITNESSETH: WHEREAS, Schaulin is the record owner of that certain property located in Larimer County, Colorado, as more particularly described on Exhibit "A" attached hereto and incorporated herein (the "Schaulin Property"); and WHEREAS, Schauhn desires that the Schaulin Property be annexed to the City and further desires to use the Schaulin Property for an auto wrecking yard; and WHEREAS, certain neighboring landowners have expressed concerns to the City that the use of the Schaulin Property for an auto wrecking yard may cause certain deleterious effects to their nearby properties; and WHEREAS, in order to induce the City to annex the Schaulin Property, Schaulin has proposed certain measures which Schaulin believes are appropriate to address the concerns of the neighboring landowners; and WHEREAS, the purpose of this Pre -Annexation Agreement is to reduce to writing the measures that Schaulin promises to take as an inducement to the City's annexation of the Schaulin Property. NOW, THEREFORE, for good consideration, the mutual receipt of which is hereby acknowledged, the parties agree as follows: 1. Within one hundred twenty (120) days after the Schaulin Property is annexed into the City, Schaulin shall install the following: a. An eight (8) foot solid metal privacy fence of earthtone colors along the east property line of the Schaulin Property. Such fence shall be properly maintained by Schaulin on a permanent basis. b. An eighteen (18) inch berm consisting of compacted road base material from a point twenty-five (25) feet west of the southeast comer of the Welty Property (which property is described on Exhibit "B" attached hereto), to a point seventy-five (75) feet north of the southwest comer of the Taylor Property (which property is described on Exhibit "C" attached hereto). Such Passed and adopted on final reading this 5th day of May, A.D. 1998. Mayor ATTEST: City Clerk MULBERRY SUBDIVISION, LARIMER COUNTY, COLORADO, AND RUN THENCE S. 00 DEGREES 34' W. 503.59 FEET; THENCE S. 89 DEGREES 23' W. 243.23 FEET; THENCE N. 00 DEGREES 24' E. 503.59 FEET TO THE SW CORNER OF SAID LOT 2; THENCE N. 89 DEGREES 23' 30" E. 244.70 FEET TO THE POINT OF BEGINNING, COUNTY OF LARIMER, STATE OF COLORADO. CONTAINING 2.82 ACRES MORE OR LESS. TRACT TWO (including Right -of -Way): A TRACT OF LAND SITUATE IN THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO WHICH CONSIDERING THE SOUTH LINE OF THE SAID SOUTHWEST 1/4 AS BEARING N 890 23' E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINE WHICH BEGINS AT A POINT WHICH BEARS N 710 34' E 1324.90 FEET AND AGAIN N 00024' E 410.98 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE N 00* 24' E 503.59 FEET; THENCE N 89* 23' E 120.12 FEET; THENCE N 00' 38' E 844.91 FEET TO A POINT ON THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE N 29' 10' 30" E 100.00 FEET; THENCE S 600 49' 30" E 22.76 FEET ALONG THE NORTHERLY LINE OF LINCOLN AVENUE; THENCE S 290 10' 30" W 100.00 FEET TO THE SOUTHERLY LINE OF LINCOLN AVENUE; THENCE S 00° 38' W 833.59 FEET; THENCE S 00' 24' W 503.59 FEET; THENCE S 89° 23' W 140.12 FEET TO THE POINT OF BEGINNING; CONTAINING 2.05 ACRES MORE OR LESS. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Schaulin Annexation. Section 2. That this annexation shall be subject to the provisions of the pre -annexation agreement between the City and Frederick Schaulin, attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. 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 4. 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 21st day of April, A.D. 1998, and to be presented for final passage on the 5th day of May, A.D. 1998. Mayor ATTEST: City Clerk ORDINANCE NO. 66, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE SCHAULIN ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Frederick S. Schaulin ("Schaulin") is the record owner of that certain property located in Larimer County, Colorado, as more particularly described in Section 1 of this Ordinance (hereinafter sometimes referred to as the "Schaulin Property"); and WHEREAS, Schaulin desires that the Schaulin Property be annexed to the City and further desires to use the Schaulin Property for an auto wrecking yard; and WHEREAS, certain neighboring landowners have expressed concerns to the City that the use of the Schaulin Property for an auto wrecking yard may cause certain deleterious effects to their nearby properties; and WHEREAS, in order to induce the City to annex the Schaulin Property, Schaulin has proposed certain measures which Schaulin believes are appropriate to address the concerns of the neighboring landowners; and WHEREAS, a pre -annexation agreement has been entered into by the City and Schaulin which reduces to writing the measures that Schaulin has promised to take as an inducement to the City's annexation of the Schaulin Property; and WHEREAS, the Council has determined that the pre -annexation agreement is appropriate and that the approval of this annexation should be subject to the terms and conditions of said agreement; and WHEREAS, Resolution 98-36, 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: TRACT ONE: A PORTION OF THE SW 1/4 OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., WHICH CONSIDERING ALL BEARINGS RELATIVE TO THOSE AS SHOWN ON THE PLAT OF THE EAST MULBERRY SUBDIVISION, IS INCLUDED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SE CORNER OF LOT 2, BLOCK 1, EAST RESOLUTION 98-67 OF THE COUNCIL OF THE CITY OF FORT COLLINS SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS REGARDING THE SCHAULIN ANNEXATION WHEREAS, annexation proceedings were heretofore initiated by the Council of the City of Fort Collins for property to be known as the Schaulin 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 as follows: Section 1. That the Council hereby finds that the petition for annexation complies with the Municipal Annexation Act. Section 2. That the Council hereby finds that there is at least one -sixth (1/6) contiguity between the City and the property proposed to be annexed; that a community of interest exists between the property proposed to be annexed and the City; that said property is urban or will be urbanized in the near future; and that said property is integrated with or is capable of being integrated with the City. Section 3. That the Council further determines that the applicable parts of said Act have been met, that an election is not required under said Act and that there are no other terms and conditions to be imposed upon said annexation. Section 4. That the Council further finds that notice was duly given and a hearing was held regarding the annexation in accordance with said Act. Section 6. That the Council concludes that the area proposed to be unexed in the Schaulin 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 21 st day of April, A.D. 1998. Mayor ATTEST: City Clerk DATE: April 21, 1998 3 ,TEM NUMBER: 20 A-C Mr. Schaulin has "proposed certain measures that Schaulin believes are appropriate to address the concerns of the neighboring landowners" (i.e. fencing, berming, etc) and has entered into a pre - annexation agreement with the City of Fort Collins "which agreement reduces into writing the measures that Schaulin promises to take as an inducement to the City's annexation of the Schaulin Property." The preannexation agreement is attached to the annexation ordinance as Exhibit "A". The requested I, Industrial zoning for this annexation is consistent the City Structure Plan. The Poudre Fire Authority has inspected the site and notified the Current Planning Department on April 10, 1998 that presently, the Poudre Fire Authority does not have any hazardous material or fire protection issues with the site. PLANNING AND ZONING BOARD RECOMMENDATION: Since a pre -annexation agreement has been entered into by the City of Fort Collins and Mr. Schaulin, the Planning and Zoning Board recommends that the property be annexed into the City of Fort Collins and be zoned I, Industrial. STAFF RECOMMENDATION: The City Staff recommends that the property be annexed into the City of Fort Collins and be zoned I, Industrial. DATE: April21, 1998 2 ITEM NUMBER: 20 A-C BACKGROUND: The surrounding zoning and land uses are as follows: N: C, Commercial (City); vacant (Lemay Crossing ODP). I, Industrial (County); existing light industrial uses (Downtown Fort Collins Airpark and East Mulberry Subdivision). S: 1, Industrial (City); existing auto salvage yard (Rohrbacker PUD). E: I, Industrial (County); existing light industrial uses (East Mulberry Subdivision). W: C, Commercial (City); vacant (Lemay Crossing ODP). The applicant/owner, Mr. Fred Schaulin, has submitted a written petition requesting a 100% voluntary annexation and zoning of 4.87 acres (including East Lincoln Avenue right-of-way) known as the Schaulin Annexation. The property is located approximately 1,000 feet east of Lemay Avenue; between East Lincoln Avenue and East Magnolia Street. 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 consider the annexation of property in the UGA when the property is eligible for annexation according to State law. The property has 1,951.97 feet of its total,656.61 feet boundary (53.38%) contiguous to existing City limits, exceeding the minimum 609.44 feet required to achieve 1/6th contiguity. Contiguity to existing city limits is gained from the following common boundaries: S: Rohrbacker Annexation (March 13, 1990). W: Fisher-Lemay Second Annexation (September 18, 1984) and Fisher Lemay Third Annexation (August 15, 1995). The City Council unanimously passed Resolution 98-36 on March 3, 1998 finding substantial compliance and initiating annexation proceedings for the Schaulin Annexation. Mr. Schaulin currently operates a salvage yard on the property. The salvage yard operation on the western parcel (2.05 acres) is a permitted use according to County regulations. However, the salvage yard operation on the eastern parcel (2.82 acres) is a zoning violation according to County regulations. Since the City's I, Industrial District allows junk yards as a permitted use, Mr. Schaulin's salvage yard (as it exists today) would become a legal use in the City of Fort Collins without any site improvements. At the April 2, 1998 Planning and Zoning Board Hearing, opposition to the annexation was expressed by an adjacent property owner who was concerned that the use of the property for an auto salvage yard may cause "certain deleterious effects to their nearby properties". By a vote of 7-0, the Planning and Zoning Board recommended that a pre -annexation agreement between the City and Mr. Schaulin be proposed to address neighborhood concerns. If such an agreement was acceptable to the City and Mr. Schaulin, then the Planning and Zoning Board recommended that the property be annexed to the City and zoned I, Industrial. The Planning and Zoning Board also requested that the Planning Department ask representatives of the Poudre Fire Authority to inspect the site for any potential hazardous material or fire protection issues. AGENDA ITEM SUMMARY ITEM NUMBER: 20 A-C DATE: April 21,1998 FORT COLLINS CITY COUNCIL STAFF: Mike Ludwig SUBJECT: Items Relating to the Schaulin Annexation and Zoning. AffRoVED rt*Sv7 T 7-0 RECOMMENDATION: Staff and the Planning and Zoning Board recommend adoption of the Ordinances on First Reading. EXECUTIVE SUMMARY: A. Resolution 98-67 Setting Forth Findings of Fact and Determinations Regarding the Schaulin Annexation. B. First Reading of Ordinance No. 66, 1998, Annexing Property Known as the Schaulin Annexation. C. First Reading of Ordinance No. 67, 1998, Amending the Zoning District Map of the City of Fort Collins and Classifying for Zoning Purposes the Property included in the Schaulin Annexation. This is a voluntary request to annex and zone a total of 4.87 acres (including East Lincoln Avenue right-of-way) located approximately 1000 feet east of Lemay Avenue; between East Lincoln Avenue and East Magnolia Street. The subject property consists of two adjacent parcels. The western parcel is 2.05 acres in size and is currently zoned I-1, Industrial in Larimer County. The eastern parcel is approximately 2.82 acres in size and is currently zoned I. Industrial in Larimer County. The petitioner requests that the subject property be zoned I, Industrial in the City of Fort Collins. The applicant has entered into a pre -annexation agreement with the City of Fort Collins. The requested zoning for this annexation is consistent with the City Structure Plan. APPLICANT: Frederick S. Schaulin 215 Block Drive Fort Collins, CO 80524 OWNER: Same as Applicant