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HomeMy WebLinkAboutJOHNSON ANNEXATION & ZONING - 55-94, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS,; 0, . 24. All utility extensions should be in conformance with the phased utility expansion portion of the City's Comprehensive Plan. Water service is available on the north side of Harmony Road, and can be available to serve this property. The nearest sanitary sewer is located in County Road 9. The City Wastewater Utility will allow the site to be served by a septic system subject to tieing onto the public sewer at the time sewer becomes available to the property. The utility extensions are in conformance with the City's Comprehensive Plan. PART IV LOCATIONAL POLICIES FOR SPECIFIC LAND USES 60. Industrial uses should locate near transportation facilities that offer the required access to the industry but will not be allowed to create demands which exceed the capacity of the existing and future transportation network of the City. The proposed development will meet this policy. 61. Industrial development should locate within the City or consistent with the phasing plan for the urban growth area, where the proper sizing of facilities such as water, sewer and transportation has occurred or is planned. The proposed development will meet this policy. 74. Transitional land uses or area (linear greenbelts or other urban design elements) should be provided between residential neighborhoods and commercial area in order to enhance the concept of a mixture of land uses. Although the proposed development (garden center and nursery) is not public open space, it will provide significant amounts of green space and plant material that will enhance the concept of a mixture of land uses along Harmony Road. We are pleased to submit this request for annexation and zoning. Please call if you require further information or have any questions. Sincerely , RIPLEY ASSOCIATES Linda Ripley Principal November 1, 1994 Members of City Council and the Planning and Zoning Board c/o Ted Shepard City Planning Department RIPLEY ASSOOAM Landscape Architecture RE: Johnson Annexation Urban Design Planning 223 Jefferson Street The proposed Johnson Annexation is appropriate by virtue of being consistent with State Suite A Law as well as existing City policies and regulations governing annexing and zoning of For(Ce l oiColorado lorado�80524 PHONproperty. The site gains its required one sixth contiguity by being adjacent to the FAX (303) 224 2956 Hewlett-Packard site along its northerly property boundary. The following City policies would be met with the proposed annexation and zoning as well as the eventual development of a large scale garden center / nursery at this location. LAND USE -POLICIES PLAN (LUPP) PART II GROWTH MANAGEMENT 14. Urban development standards shall apply to all development within the urban growth area. Urban development standards will be met by this development. 15. . Development in the urban growth area shall be consistent with development policies set forth in this plan. Development of the proposed garden center nursery will be consistent with the LAND USE POLICIES PLAN, the LDGS and the HARMONY CORRIDOR PLAN. 21. All levels of commercial development, including convenience, neighborhood, community and regional shopping which have significant transportation impacts on South College Avenue will be discouraged from gaining their primary access from College Avenue. This proposed development (garden center / nursery) would move off South College Avenue to Harmony Road as a result of this annexation. 22. Preferential consideration shall be given to urban development proposals which are contiguous to existing development within the city limits or consistent with the phasing plan for the City's urban growth area. This parcel is contiguous to existing development (Hewlett-Packard) and fits within a growth pattern promoted by the HARMONY CORRIDOR PLAN. ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A tract of land situate in the northeast quarter of section 4, township 6 north, range 68 west of the 6th P.M., County of Larimer, State of Colorado, which, considering the north line of the northeast quarter of said section 4 as bearing S89 46' 03"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the north quarter comer of said section 4 and run thence S01 49' 03"E 25.00 feet and again S89 52' 03"E 299.98 feet to the True Point of Beginning; thence S89 52'03"E 263.62 feet; thence S89 46' 03"E 333.43 feet; thence S01 49' 33"E 2,597.99 feet; thence N88 52' 48'W 898.02 feet; thence N01 49' 03'W 428.69 feet; thence S89 46' 03"E 300.00 feet; thence N01 49' 03"W 2,154.93 feet to the point of beginning. Containing 38.4982 acres. -5- ATTORNEY CERTIFICATION 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, I 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. Signature 9ouQ.--6..,- 1 r 66 q Date -4- LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A tract of land situate in the northeast quarter of section 4, township 6 north, range 68 west of the 6th P.M., County of Larimer, State of Colorado, which, considering the north line of the northeast quarter of said section 4 as bearing S89 46' 03"E and with all bearings contained herein relative thereto, is contained within the boundary lines which begin at the north quarter comer of said section 4 and run thence S01 49' 0WE 25.00 feet and again S89 52' 0WE 299.98 feet to the True Point of Beginning; thence S89 52'03"E 263.62 feet; thence S89 46' 0WE 333.43 feet; thence S01 49' 3WE 2,597.99 feet; thence N88 52' 48'W 898.02 feet; thence NO 49' 03'W 428.69 feet; thence S89 46' 03"E 300.00 feet; thence N01 49' 03"W 2,154.93 feet to the point of beginning. Containing 36.'4982 acres. aw/nner's Signature d7 � Z �i�i2L779-�1/ /Py� Address City State Zip -3- Owner's Signature Address City State Zip Date.,,,; STATE OF COLORADO) ) ss. COUNTY OF LARIMER) 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. r tor's signature Subscribed and sworn to before me this r day of 194, by k C. Ke tGL Witness my hand and official seal. My Commission expires: -2- 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 Johnson Annexation Annexation to the City of Fort Collins. Surd area, consisting of approximately 38.4982 Acres is more particularly described on Attachment "A", attached hereto. The petitioners allege: I. 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. 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 EP Employment Park Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. TEP N s• Ci1Y Limits VICINITY MAP 11/10/94 55-94,A JOHNSON ANNEXATION & ZONING Johnson Annexation and Zoning, #54-94,A December 12, 1994 P & Z Meeting Page 3 city which have been designated and planned for "employment parks" in accordance with the City's Comprehensive Plan. The requested zoning is supported by the policies of the HARMONY CORRIDOR PLAN. The applicant's immediate development plans for the property is for a retail garden center and commercial nursery, which would need to be submitted as a planned unit development (PUD) request and reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. According to the City's MASTER STREETS PLAN the following adjacent street is categorized into the following functional classification: Harmony Road = Major Arterial (6 lanes) Findings 1. 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. 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On December 6, 1994, 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 the City Council on January 17, 1995. 4. The requested E-P, Employment Park, District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning. Johnson Annexation and Zoning, #54-94,A December 12, 1994 P & Z Meeting Page 2 Backaround: The applicant, Ripley Associates, on behalf of the owners, Glen and Jean Johnson, has submitted a written petition requesting annexation of approximately 38.5 acres located south of Harmony Road and about one-half mile east of County Road #9. The requested zoning is the E-P, Employment Park, District. The property is currently zoned FA-1, Farming in the County which allows single- family dwellings on a minimum lot size of 100,000 square feet (2.29 acres). The property is presently undeveloped. This is a voluntary annexation of property located within the Fort Collins Urban Growth Area. The applicant anticipates the property to be developed as a retail garden center and commercial nursery. A similar use was located on the property in the County, but because the use was a zoning violation it was removed by the County. 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 contiguity to existing city limits from a common boundaries with the Harmony Annexation No. 4 to the north and the Ricketts First and Second Annexations and the Harmony Farm Annexation to the west. If this annexation is approved by the City Council, a 10 acre enclave area will be created. Currently, the enclave contains some single-family homes. The enclave would become eligible for involuntary annexation by the City after it has been completely surrounded for a period of three years, ie., in early 1998. The current County Zoning District for the property is the FA-1, Farming Zone. The FA-1 Zone allows single-family dwellings on a minimum lot size of 100,000 square feet (2.29 acres). The current zoning and existing land uses of surrounding properties are as follows: N: I-L, Limited Industrial, Hewlett Packard Plant E: B-P, Planned Business, Antique Store FA-1, Farming, vacant S: FA-1, Farming, vacant (outside the UGA boundary) W: I-L, Limited Industrial, vacant FA-1, Farming, single-family residential E-P, Employment Park, vacant The requested zoning for this annexation is the E-P, Employment Park, District. The E-P District designation is for areas of the ITEM NO. 8 MEETING DATE 12-12-94 STAFF Ken Waido City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Johnson Annexation and Zoning - #55-94, A APPLICANT: Ripley Associates 223 Jefferson Street Suite A Ft. Collins, CO 80524 OWNER: PROJECT DESCRIPTION: Glen and Jean Johnson 3432 Carleton Ave. Ft. Collins, CO 80525 Request to annex and zone approximately 38.5 acres located south of Harmony Road and about one-half mile east of County Road #9. The requested zoning is the E-P, Employment Park, District. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 38.5 acres located south of Harmony Road and about one-half mile east of County Road #9. The requested zoning is the E-P, Employment Park, District. The property is currently zoned FA-1, Farming in the County which allows single-family dwellings on a minimum lot size of 100,000 square feet (2.29 acres). The property is presently undeveloped. This is a voluntary annexation of property located within the Fort Collins Urban Growth Area. The applicant anticipates the property to be developed as a retail garden center and commercial nursery. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT