HomeMy WebLinkAboutTHIRD FISHER - LEMAY ANNEXATION & ZONING - 25-95 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT"A"
LEGAL DESCRIPTION OF i HE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
A PART OF THE WEST ONE-HALF OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 7, THENCE NORTH 00
DEGREES 37 MINUTES 05 SECONDS EAST, A DISTANCE OF 60.00 FEET (THE WEST -LINE OF THE
SOUTHWEST ONE -QUARTER OF SECTION 7 IS ASSUMED TO BEAR SOUTH 00 DEGREES 36
MINUTES 25 SECONDS WEST AND ALL OTHER BEARINGS HEREIN ARE RELATIVE THERETO);
THENCE SOUTH 89 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 69.71 FEET TO THE
SOUTHWEST CORNER OF THE EAST LINCOLN THIRD ANNEXATION AS RECORDED AT RECEPTION
NO. 95007020, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST LINCOLN
AVENUE AND BEING THE POINT OF BEGINNING; THENCE RUNNING ALONG SAID NORTHERLY
RIGHT-OF-WAY LINE THE NEXT SIX (6) COURSES: 1).SOUTH 89 DEGREES 26 MINUTES 30 SECONDS
EAST, A DISTANCE OF 294.59 FEET; 2) ALONG THE ARC OF A CURVE TO THE RIGHT, THROUGH A
CENTRAL ANGLE OF 18 DEGREES 08 MINUTES 57 SECONDS, AN ARC DISTANCE OF 382.02 FEET,
A RADIUS OF 1206.00 FEET AND A CHORD BEARING OF SOUTH 80 DEGREES 22 MINUTES 01
SECONDS EAST, WITH A DISTANCE OF 380.42 FEET; 3) SOUTH 89 DEGREES 26 MINUTES 30
SECONDS EAST, A DISTANCE OF 80.98 FEET; 4) SOUTH 00 DEGREES 37 MINUTES 05 SECONDS
WEST, A DISTANCE OF 29.78 FEET; 5) ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A
CENTRAL ANGLE OF 06 DEGREES 22 MINUTES 07 SECONDS, AN ARC DISTANCE OF 134.05 FEET,
A RADIUS OF 1206.00 FEET AND A CHORD BEARING OF SOUTH 64 DEGREES 00 MINUTES 34
SECONDS EAST, WITH A DISTANCE OF 133.98 FEET; 6) SOUTH 60 DEGREES 49 MINUTES 30
SECONDS EAST, A DISTANCE OF 541.23 FEET; THENCE SOUTH 29 DEGREES 10 MINUTES 30
SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 00
SECONDS WEST, A DISTANCE OF 844.86 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00
SECONDS WEST, A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 41
SECONDS WEST, A DISTANCE OF 473.78 FEET; THENCE NORTH 88 DEGREES 03 MINUTES 54
SECONDS WEST, A DISTANCE OF 904.59 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH
LEMAYAVENUE; THENCE RUNNING ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE NEXT THREE
(3) COURSES: 1) NORTH 01 DEGREES 56 MINUTES 06 SECONDS EAST, A DISTANCE OF 924.77 FEET;
2) ALONG THE ARC OF A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 25 DEGREES 41
MINUTES 55 SECONDS, AN ARC DISTANCE OF 462.40 FEET, A RADIUS OF 1030.93 FEET AND A
CHORD BEARING OF NORTH 10 DEGREES 54 MINUTES 51 SECONDS WEST, WITH A DISTANCE OF
458.53 FEET; 3) NORTH 23 DEGREES 45 MINUTES 49 SECONDS WEST, A DISTANCE OF 333.38 FEET;
THENCE NORTH 30 DEGREES 09 MINUTES 37 SECONDS WEST, A DISTANCE OF 134.98 FEET TO THE
POINT OF BEGINNING, CONTAINING 1,717,285 SQUARE FEET OR 39.42 ACRES, MORE OR LESS.
ATTORNEY CERTIFICATION
I, Joseph H. Fon4ra an attorney licensed to practice in the State of Colorado, hereby certify that I
have examined the records of the Clerk and Recorder of Larimer County, Colorado, and have verified that the
signers of the attached Annexation Petition are owners of real property in the area proposed for annexation.
Furthermore, 1 certify that said owners constitute more than 50% of the landowners in the area proposed for
annexation and own more than 50% of the land in said area, exclusive of streets and alleys.
r
Signature
Date
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situated in the County of Larimer, State of Colorado to -wit:
A PART OF THE WEST ONE-HALF OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST,. OF THE
SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 7, THENCE NORTH 00
DEGREES 37 MINUTES 05 SECONDS EAST, A DISTANCE OF 60.00 FEET (THE WEST -LINE OF THE
SOUTHWEST ONE -QUARTER OF SECTION 7 IS ASSUMED TO BEAR SOUTH 00 DEGREES 36
MINUTES 25 SECONDS WEST AND ALL OTHER BEARINGS HEREIN ARE RELATIVE THERETO);
THENCE SOUTH 89 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 69.71 FEET TO THE
SOUTHWEST CORNER OF THE EAST LINCOLN THIRD ANNEXATION AS RECORDED AT RECEPTION
NO. 95007020, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST LINCOLN
AVENUE; THENCE SOUTH 30 DEGREES 09 MINUTES 37 SECONDS EAST, A DISTANCE OF 134.98
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE, SAID
POINT BEING THE POINT OF BEGINNING; THENCE RUNNING ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE THE NEXT FIVE (5) COURSES: 1) NORTH 66 DEGREES 14 MINUTES 11 SECONDS EAST,
A DISTANCE OF 10.00 FEET; 2) NORTH 23 DEGREES 12 MINUTES 23 SECONDS WEST, A DISTANCE
OF 13.02 FEET; 3) SOUTH 89 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 221.78
FEET; 4) ALONG THE ARC OF A CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 28
DEGREES 37 MINUTES 00 SECONDS, AN ARC DISTANCE OF 552.40 FEET, A RADIUS OF 1106.00 FEET
AND A CHORD BEARING OF SOUTH 75 DEGREES 08 MINUTES 00 SECONDS EAST, WITH A DISTANCE
OF 546.67 FEET; 5) SOUTH 60 DEGREES 49 MINUTES 30 SECONDS EAST, A DISTANCE OF 541.23
FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 00 SECONDS WEST, A DISTANCE OF 844.86 FEET;
THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, A DISTANCE OF 120.53 FEET;
THENCE SOUTH 00 DEGREES 20 MINUTES 41 SECONDS WEST, A DISTANCE OF 473.78 FEET;
THENCE NORTH 88 DEGREES 03 MINUTES 54 SECONDS WEST, A DISTANCE OF 904.59 FEET TO THE
EASTERLY RIGHT-OF-WAY LINE OF SOUTH LEMAY AVENUE; THENCE RUNNING ALONG SAID
EASTERLY RIGHT-OF-WAY LINE THE NEXT THREE (3) COURSES: 1) NORTH 01 DEGREES 56
MINUTES 06 SECONDS EAST, A DISTANCE OF 924.77 FEET; 2) ALONG THE ARC OF A CURVE TO THE
LEFT, THROUGH A CENTRAL ANGLE OF 25 DEGREES 41 MINUTES 55 SECONDS, AN ARC DISTANCE
OF 462.40 FEET, A RADIUS OF 1030.93 FEET AND A CHORD BEARING OF NORTH 10 DEGREES 54
MINUTES 51 SECONDS WEST, WITH A DISTANCE OF 458.53 FEET; 3) NORTH 23 DEGREES 45
MINUTES 49 SECONDS WEST, A DISTANCE OF 333.38 FEET TO THE POINT OF BEGINNING,
CONTAINING 1,577,604 SQUARE FEET OR 36.22 ACRES, MORE OR LESS.
O_Owlieri Springer -Fisher Inc.
- A Colorado Corporation and
Catherine S. Fisher and the
ampriineL Fisherr , t ,
;�7
Owner's Signature
308 Camino Real
Address
Ft. Collins CO 80524
City State Zip
s�
Date
PETITION FOR ANNEXATION
The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for the annexation
of an area, to be referred to as the Third Fisher-Lemay Avenue Annexation to the City of Fort Collins. Said
area, consisting of approximately 39.42 acres, is more particularly described on Attachment "A," attached
hereto.
The petitioners allege:
1. That it is desirable and necessary that such area be annexed to the city of Fort Collins.
2. That the requirements of Sections 31-12-104 and 31-12-105, C.R.S., exist or have been met.
3. That not less than one -sixth of the perimeter of the area proposed to be annexed is
contiguous with the boundaries of the City of Fort Collins.
4. That a community of interest exists between the area proposed to be annexed and the City
of Fort Collins.
5. That the area to be annexed is urban or will be urbanized in the near future.
6. That the area proposed to be annexed is integrated with or capable of being integrated with
the City of Fort Collins.
7. That the petitioners herein comprise more than fifty percent (50%) of the landowners in the
area and own more than fifty percent (50%) of the area to be annexed, excluding public
streets, alleys and lands owned by the City of Fort Collins.
8. That the City of Fort Collins shall not be required to 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 proposed to be annexed except as
may be provided by the ordinances of the City of Fort Collins.
Further, the petitioners consent pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of such
property into the Municipal Subdistrict, Northern Colorado Water Conservancy District.
Further, the Petitioners reserve the right to withdraw this Petition for Annexation at any time prior to
the second reading by the City Council of the Ordinance annexing the area proposed for annexation into the
City of Fort Collins.
WHEREFORE, said petitioners request that the Council of the City of Fort Collins approve the
annexation of said area. Furthermore, the petitioners request that said area be placed in the B-P P.U.D.
Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins.
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The undersigned being first duly sworn upon his oath states:
That he was the circulator of the attached petition for annexation and that each signature therein is
the signature of the person whose name it purports to be. 1
Wilson
CLC Associates, Inc.
Subscribed and sworn to before me this day of i%
19 �, by
Witness my hand and official seal.
My Commission expires:
No ary Public
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VICINITY MAP 06/13/95
25-95, A FISHER-LEMAY THIRD
Annexation and Zoning
Third Fisher-Lemay Annexation, #25-95
June 26, 1995 P & Z Hearing
Page 4
creates a highly visible aesthetic public perception for the entire
City of Fort Collins.
Consequently, Staff finds that there is a significant public
interest in the development of the property and that in order to
protect this public interest, the City of Fort Collins is obligated
to review and evaluate potential development proposals. Such
responsibility should not be forfeited to Larimer County.
3. Findings of Fact/Conclusion:
A. The annexation of this area is consistent with the policies
and agreements between Larimer County and the City of Fort
Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE
FORT COLLINS URBAN GROWTH AREA.
B. The area meets all criteria included in State law to qualify
for a voluntary annexation to the City of Fort Collins.
C. On June 20, 1995, the City Council approved a Resolution which
accepts the annexation petition and determines that the
petition is in compliance with State law. The Resolution also
initiates 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 area. Public hearing and first reading of the
Ordinances annexing and zoning the property will be considered
by City Council on August 1, 1995.
D. The requested B-P, Planned Business, Zone District is in
conformance with the policies of the City's Comprehensive
Plan.
E. It is further recommended that the Zoning will carry a
condition that the property will develop as a Planned Unit
Development (P.U.D.) in accordance with the LAND DEVELOPMENT
GUIDANCE SYSTEM.
F. It is recommended that the Annexation Agreement not carry the
condition that the City enter into a Disconnection Agreement
with the owners.
RECOMMENDATION:
Staff recommends approval of the annexation of the property with a
zoning of B-P, Planned Business, with the P.U.D. condition and with
the condition that the Annexation Agreement not carry the
Disconnection Agreement.
Third Fisher-Lemay Annexation, #25-95
June 26, 1995 P & Z Hearing
Page 3
The property will likely develop as a regional/community shopping
center. According to the City's Land Use Policies Plan,
regional/community shopping centers should:
69. ... locate in areas which are easily accessible to
existing or planned residential areas."
1170. ... locate near transportation facilities that offer the
required access to the center but will not be allowed to
create demands which exceed the capacity of the existing and
future transportation network of the City."
1171. ... be designed to encourage pedestrian circulation, and
discourage multi -stop trips with private automobiles, or force
traffic onto streets whose primary function is to carry
through traffic."
1172. ... locate where they can be served by public
transportation.
1173. ... locate in areas served by existing water and sewer
facilities."
This site addresses, or has the potential to address, these
locational policies. It is anticipated that after second reading
by City Council, a P.U.D. for a regional/community shopping center
will be submitted.
2. Disconnection Agreement:
The applicant, on behalf of the owners, has requested that the
annexation be conditioned upon the City entering into a
Disconnection Agreement should the subsequent Overall Development
Plan and/or Planned Unit Development not be approved by the City.
(See attached letter.)
Staff recommends against this condition due to the proximity of
existing commercial and industrial development in the surrounding
area. The property is centrally located within the Fort Collins
Urban Growth Area. It is not located on the fringe. It is also
immediately next to two arterial streets (Lemay and Lincoln) and
near State Highway 14.
It is likely that should the property develop in the County, that
there will be at least a comparable level of land use intensity as
the immediate surrounding area. The intensity of such development
would have significant impacts on the City that might not be
properly mitigated or addressed by the County. Such impacts
include but are not limited to, public street improvements,
sidewalks, traffic control, auxiliary turn lanes, storm drainage
facilities, underground electric, signage control, etc. Also,
State Highway 14 is an entry corridor into the City from I-25 which
Third Fisher-Lemay Annexation, #25-95
June 26, 1995 P & Z Hearing
Page 2
COMMENTS
1. Background:
The applicant, Mr. Steve Wilson, Colorado Land Source Associates,
on behalf of Harold S. Fisher and Catherine I. Fisher for
Springer -Fisher Inc., and Catherine S. Fisher and the Catherine I.
Fisher Trust, has submitted a written petition requesting
annexation and zoning for a parcel known as the Third Fisher-Lemay
Avenue Annexation. Any existing commercial signs on the property
will have to conform to the City's Sign Code at the conclusion of
a five year amortization period.
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 gains
the required 1/6 (one -sixth) contiguity to existing city limits
from the following common boundaries:
North: Fort Collins Business Center Annexation
East: Lincoln Third Annexation
South: Second Fisher-Lemay Avenue Annexation
West: Lemay Avenue Second Annexation
The surrounding zoning and land uses are as follows:
N: I-L; Vacant and one farm house
S. B-P & C; Retail (Supermarket Liquor), auto salvage
(Rohrbacker P.U.D.), vacant
E: County; Industrial Park
W: R-C; Link 'N Greens golf course
The First Fisher-Lemay Avenue Annexation consisted of 2.25 acres
located at the northeast and southeast corners of Mulberry and
Lemay. This annexation was approved by City Council in September
of 1984. The Second Fisher-Lemay Avenue Annexation consisted of
14.67 acres located north of Mulberry and east of Lemay. This
annexation was also approved in September of 1984. None of these
parcels have been submitted for development review.
The requested zoning for this annexation is the B-P, Planned
Business Zone District. The B-P, Planned Business Zone is for
areas planned as a unit to provide business services while still
protecting surrounding residential areas.
ITEM NO. 14
MEETING DATE 6/26/95
STAFF Ted Shepard
PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Third Fisher - Lemay Avenue Annexation, #25-95
APPLICANT: Springer -Fisher, Inc. and Catherine S. Fisher
and the Catherine I. Fisher Trust
c/o of Mr. Steve Wilson
Colorado Land Consultants, Inc.
8480 E. Orchard Road, Suite 2000
Englewood, CO 80111
OWNER: Same as Above
c/o Harold S Fisher
308 Camino Real
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a request to annex and zone 39.42 acres located east of
Lemay Avenue, south of Lincoln Avenue, approximately 900 feet north
of Mulberry Street. The requested zoning is B-P, Planned Business,
with the P.U.D. condition. At this time, the petitioners request
the right to disconnect from City, within a prescribed time limit,
after annexation and zoning has been granted on second reading by
City Council.
RECOMMENDATION: Staff recommends approval with conditions.
EXECUTIVE SUMMARY:
This is a request to annex and zone 39.42 acres into the B-P,
Planned Business Zone District, with P.U.D. condition. The
property is presently undeveloped and zoned Industrial and
Commercial in the County. This is a voluntary annexation. It is
recommended that the Annexation Agreement not carry the right to
disconnect should the City not approve an Overall Development Plan
or Planned Unit Development as requested by the applicant.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT