HomeMy WebLinkAboutTHIRD FISHER - LEMAY ANNEXATION & ZONING - 25-95 - REPORTS - FIRST READING:i
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Passed and adopted on final reading this 15th day of August, A.D. 1995.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 105, 1995
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 THIRD FISHER - LEMAY AVENUE 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 Third Fisher - Lemay Avenue Annexation to the City of Fort Collins, Colorado, in the
B-P, Planned Business Zoning District.
Section 2. That the Sign District Map adopted pursuant to Section 29-593.1 of the 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 zoning granted herein is expressly conditioned upon the entire
above -described property being developed as a planned unit development in accordance with the
Ordinances of the City.
Section 4. That the Director of Engineering is hereby authorized and directed to amend
said Zoning District Map in accordance with this Ordinance.
Introduced, considered favorably on first reading,"and ordered published this 1st day of
August, A.D. 1995, and to be presented for final passage on the 15th day of August, A.D. 1995.
Mayor
ATTEST:
City Clerk
distance of 924.77 feet; 2) along the arc of a curve to the left, through a central angle
of 25 ° 4' 55", an arc distance of 462.40 feet, a radius of 1030.93 feet and a chord
bearing of North 10° 54' 51 " West, with a distance of 458.53 feet; 3) North 23 ° 45'
49" 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.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known. as
the Third Fisher - Lemay Avenue 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 1st day of
August, A.D. 1995, and to be presented for final passage on the 15th day of August, A.D. 1995.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of August, A.D. 1995.
ATTEST:
City Clerk
2
Mayor
ORDINANCE NO. 104, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
THIRD FISHER - LEMAY AVENUE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS, Resolution 95-93, 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 located in a part of the west one-half of Section 7, Township 7 North,
Range 68 West of the 6th Principal Meridian, Larimer County, Colorado, being more
particularly described as follows:
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' 37'
05" East, a distance of 60.00 feet (the West -line of the Southwest one -quarter of
Section 7 is assumed to bear South 00' 36' 25 " West and all other bearings herein
are relative thereto); thence South 89' 26' 30" 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 300 09' 37" 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° 14' 11" East, a distance of 10.00 feet; 2) North 23' 12' 23"
West, a distance of 13.02 feet; 3) South 89' 26' 30" East, a distance of 221.78 feet;
4) along the arc of a curve to the right, through a central angle of 28 ° 37 ' 00", an arc
distance of 552.40 feet, a radius of 1106.00 feet and a chord bearing of South 75 ° 08'
00" East, with a distance of 546.67 feet; 5) South 600 49' 30" East, a distance of
541.23 feet; thence south 00' 38' 00" West, a distance of 844.86 feet; thence South
890 23' 00" West, a distance of 120.53 feet; thence South 00' 20' 41" West, a
distance of 473.78 feet; thence North 88 ° 03' 54" 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 ° 56' 06" East, a
RESOLUTION 95-108
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE THIRD FISHER-LEMAY AVENUE ANNEXATION
WHEREAS; annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Third Fisher-Lemay Avenue 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 Third
Fisher-Lemay Avenue 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
1st day of August, A.D. 1995.
Mayor
ATTEST:
City Clerk
j DATE: August 1, 1995
3
I NUMBER: 17A-C
The First Fisher-Lemay Avenue Annexation consisted of 2.25 acres located at the northeast and
southeast comers of Mulberry and Lemay . This annexation was approved by 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 submitteed for development review.
The requested zoning for this annexation is B-P, Planned Business. The B-P Zone is for areas
planned as a unit to provide business services while still protecting surrounding residential areas.
The requested zoning also includes the condition that the property develop as a Planned Unit
Development (P.U.D.) under the requirements of the Land Development Guidance System.
FINDINGS:
The annexation of this area 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 a voluntary annexation to
the City of Fort Collins.
3. On June 20, 1995, Council approved a Resolution which accepts the annexation petition
and determines that the petition is in compliance with State law.
4. On June 26, 1995, the Planning and Zoning Board voted unanimously to recommend
approval of the annexation and zoning request.
5. The requested B-P, Planned Business Zone District is in conformance with the policies of
the City's Comprehensive Plan.
6. It is appropriate and consistent that the annexation and zoning of the property include the
condition that the property develop as a Planned Unit Development in accordance with
Section 29-526 of the City Code (Land Development Guidance System).
STAFF 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 on June 26, 1995 voted 7-0 to
recommend approval of the requested annexation and zoning as part of the Board's Consent Agenda.
DATE: August 1, 1995 1
2 EM NUMBER: 17A-C
BACKGROUND:
The applicant, Mr. Steve Wilson, Colorado Land Source Associates, on behalf of Harold S. Fisher
and Catherine I. Fisher for the 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 the 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 U.G.A. when the property is eligible
for annexation according to State law. The property gains the required 1/6th (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:
North: I-L, Limited Industrial;
This area is primarily vacant but includes one older house. The area is about 17 acres in size and
approxiamately three acres has recently been placed under contract by Diamond Shamrock. A
portion of this parcel will contain the new right-of-way for the proposed Lemay Avenue bypass
around Andersonville, over East Vine Drive and the railroad tracks.
South: B-P, Planned Business, and C, Commercial;
This area is a mix of retail (Supermarket Liquor) auto salvage (Rohrbacker P.U.D.), and vacant land.
The vacant land represents the Second Fisher-Lemay Avenue Annexation. Also to the south is the
Highway 14 frontage road.
East: (County) Industrial;
This area represents a mix of wholesale and industrial land uses. Magnolia Street terminates at the
easterly property line and connects to Link Lane.
West: R-C, River Corridor;
This area is Link `N Greens golf course as well as a vacant piece of property with frontage along
Lemay Avenue that is surrounded by the golf course.
AGENDA ITEM SUMMARY
ITEM NUMBER: 17 A-C
DATE: August 1, 1995
FORT COLLINS CITY COUNCIL STAFF:
Ted Shepard
SUBJECT: //at �ct/ e-R.� C ��
Items Relating to the Third Fisher-Lemay Annexation and Zoning.
7—d
RECOMMENDATION:
Staff recommends adoption of the Resolution and of the Ordinances on First Reading. The Planning
and Zoning Board voted 7-0 to recommend approval of the annexation and requested zoning.
EXECUTIVE SUMMARY:
A. Resolution 95-108 Setting Forth Findings of Fact and Determinations
Regarding the Third Fisher-Lemay Annexation.
B. Hearing and First Reading of Ordinance No. 104, 1995 Annexing Property Known as the
Third -Fisher Lemay Annexation.
C. Hearing and First Reading of Ordinance No. 105, 1995 Amending the Zoning District
Map Contained in Chapter 29 of the Code and Classifying for Zoning Purposes the Property
Included in the Third Fisher-Lemay Annexation to the City of Fort Collins.
This is a request to annex and zone approximately 39.42 acres located on the east side 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. The property is presently undeveloped
and zoned Industrial and Commercial in the County. The applicant is required to annex as per the
INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH
AREA.
APPLICANT: Mark Goldberg
c/o Steve Wilson
Colorado Land Source, Inc.
8480 E. Orchard Road, Suite 2000
Englewood, CO 80111
OWNER: Springer -Fisher, Inc. And Catherine S. Fisher
and the Catherine I. Fisher Trust
c/o Harold S. Fisher
308 Camino Real
Fort Collins. CO 80524