HomeMy WebLinkAboutEAST LINCOLN THIRD ANNEXATION & ZONING - 40-94, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSPolicy 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 annexation area is bounded on
two sides by major streets which should
adequately serve the access needs. The
proposed zoning is consistent with its
existing county zoning.
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.
Due to the close proximity of urbanized areas
to this area and being presently zoned I in
Larimer County the planning for this area
should be in place.
Policy 88 - The City will prohibit development which
interferes with public access to designated
open space area.
This site does not interfere with public
access to open space areas.
-3-
Policy 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 proposal meets the contiguity
requirements for annexation.
Policy 29 - City provided services and facilities shall
be utilized as a tool to direct or discourage
development in desired directions.
This annexation is closer to the core of the
City of Fort Collins than many other annexed
areas. Since development has already
occurred in this direction infill development
such as this should be encouraged. Also
since this area is northeast of the City it
is a publically desired direction for growth
(see commentary for Policy 39, 40, 41).
Policy 39 -
The City should direct efforts to promote
improved traffic and pedestrian circulation
and public transit to areas north and
northeast of the City.
This area is in the targeted zone.
Policy 42 -
The City shall promote the active annexation
of areas to the north and northeast when such
annexations promote an orderly development
pattern.
This annexation is in the area to be
promoted. The proposed zoning with
conditions will allow orderly development of
the property through the use of the City's
Land Development Guidance System.
Policy 51 -
Conservation of water shall be addressed by
land use, site planning, and design criteria
and the environmental management plan.
The annexation will comply with this policy.
-2-
EAST LINCOLN THIRD ANNEXATION
STATEMENT OF LAND USE POLICIES
The following land use policies are achieved by zoning the
East Lincoln Third Annexation to IL/C with conditions:
Policy 9 - The City will cooperate with the County in
establishing an urban growth area surrounding
Fort Collins.
This plan complies with the IGA for the Fort
Collins Urban Growth Area.
Policy 14 -
Urban development standards shall apply to
all development within the urban growth area.
This plan will be subject to all City of Fort
Collins development standards.
Policy 15 -
Development in the urban growth area should
be consistent with development policies set
forth in this plan.
This development's proposed zoning is
consistent with surrounding areas and will
occur in a logical fashion.
Policy 17 -
The City will establish annexation criteria
through which it will consider annexation
proposals.
This proposal complies with all annexation
criteria established by the City of Fort
Collins.
Policy 19 -
The City shall establish a project impact
assessment system as a growth management
tool.
The proposed zoning includes a condition
which requires all development in the annexed
area to be subject to PUD review process
which confirms the project will be subject, -to
impact assessments. /
Policy 20 - Land use, site planning, and urban design
criteria shall be developed to promote
pleasant, functional and understandable
inter -relationships through and between land
uses.
Use of the PUD process will promote
compliance with this policy.
-1-
ATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situated in the County of Larimer, State of
Colorado to -wit:
SITUATED IN THE NW 1/4 OF SECTION 7, T.7N., R.68W., OF THE
6TH P.M., LARIMER COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 7;
THENCE N 02004103" E ALONG THE WEST LINE OF SAID NW 1/4 A
DISTANCE OF 60.00 FEET; THENCE S 87059132" E A DISTANCE OF
69.71 FEET TO A POINT LYING AT THE INTERSECTION OF THE
NORTHERLY R.O.W. LINE OF EAST LINCOLN AVENUE AND THE
EASTERLY R.O.W. LINE OF NORTH LEMAY AVENUE BEING THE
EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOR 1974
AT PAGE 581 IN THE LARIMER COUNTY CLERK AND RECORDERS
OFFICE, SAID POINT BEING THE POINT OF BEGINNING; THENCE
N 12045'46" W ALONG SAID EASTERLY R.O.W. LINE AND THE
EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 1974 AT PAGE
581 A DISTANCE OF 155.13 FEET TO THE NORTHERLY CORNER OF
SAID PARCEL DESCRIBED IN BOOR 1974 AT PAGE 581; THENCE
N 02004'03" E PARALLEL WITH THE WEST LINE OF SAID SECTION 7
AND CONTINUING ALONG SAID EASTERLY R.O.W. LINE A DISTANCE OF
783.57 FEET; THENCE S 87055157" E A DISTANCE OF 791.00 FEET;
THENCE S 02004103" W AND PARALLEL WITH THE WEST LINE OF SAID
NW 1/4 A DISTANCE OF 992.75 FEET TO A POINT LYING ON THE
NORTHERLY R.O.W. LINE OF EAST LINCOLN AVENUE AS SHOWN ON THE
LARIMER COUNTY, COLORADO ASSESSOR MAPS; THENCE N 87059132" W
ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF 80.98 FEET TO
A POINT LYING NON -TANGENT ON A CURVE; THENCE ALONG A CURVE
TO THE LEFT WHOSE CHORD BEARS N 78055'03" W A DISTANCE OF
380.42 FEET AND CONTINUING ALONG SAID NORTHERLY R.O.W. LINE,
SAID CURVE HAVING A CENTRAL ANGLE OF 18008'57", A RADIUS OF
1206.00 FEET, AN ARC LENGTH OF 382.02 FEET TO A POINT OF
TANGENT; THENCE N 87059132" W ALONG SAID TANGENT AND
CONTINUING ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF
294.59 FEET TO THE POINT OF BEGINNING.
CONTAINING (747,449 SQUARE FEET) 17.159 ACRES.
-5-
CERTIFICATION
I, ' an attorney licensed
to practic6 in the State of.,Colorado, hereby certify that I have
examined the records of tly6 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
-5-
LEGAL DESCRIPTION OF REAL PROPERTY
INCLUDED IN THE ANNEXATION
A tract of land situate in the County of Larimer, State of
Colorado to -wit:
SITUATED IN THE NW 1/4 OF SECTION 7, T.7N., R.68W., OF THE
6TH P.M., LARIMER COUNTY, COLORADO MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SW CORNER OF THE NW 1/4 OF SAID SECTION 7;
THENCE N 02004103" E ALONG THE WEST LINE OF SAID NW 1/4 A
DISTANCE OF 60.00 FEET; THENCE S 87059132" E A DISTANCE OF
69.71 FEET TO A POINT LYING AT THE INTERSECTION OF THE
NORTHERLY R.O.W. LINE OF EAST LINCOLN AVENUE AND THE
EASTERLY R.O.W. LINE OF NORTH LEMAY AVENUE BEING THE
EASTERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOR 1974
AT PAGE 581 IN THE LARIMER COUNTY CLERK AND RECORDERS
OFFICE, SAID POINT BEING THE POINT OF BEGINNING; THENCE
N 12045'46" W ALONG SAID EASTERLY R.O.W. LINE AND THE
EASTERLY LINE OF SAID PARCEL DESCRIBED IN BOOK 1974 AT PAGE
581 A DISTANCE OF 155.13 FEET TO THE NORTHERLY CORNER OF
SAID PARCEL DESCRIBED IN BOOK 1974 AT PAGE 581; THENCE
N 02004103" E PARALLEL WITH THE WEST LINE OF SAID SECTION 7
AND CONTINUING ALONG SAID EASTERLY R.O.W. LINE A DISTANCE OF
782.67 FEET; THENCE S 87055'57" E A DISTANCE OF 791.00 FEET;
THENCE S 02004,03" W AND PARALLEL WITH THE WEST LINE OF SAID
NW 1/4 A DISTANCE OF 992.75 FEET TO A POINT LYING ON THE
NORTHERLY R.O.W. LINE OF EAST LINCOLN AVENUE AS SHOWN ON THE
LARIMER COUNTY, COLORADO ASSESSOR MAPS; THENCE N 87059132" W
ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF 80.98 FEET TO
A POINT LYING NON -TANGENT ON A CURVE; THENCE ALONG A CURVE
TO THE LEFT WHOSE CHORD BEARS N 78055'03" W A DISTANCE OF
380.42 FEET AND CONTINUING ALONG SAID NORTHERLY R.O.W. LINE,
SAID CURVE HAVING A CENTRAL ANGLE OF 18008'57", A RADIUS OF
1206.00 FEET, AN ARC LENGTH OF 382.02 FEET TO A POINT OF
TANGENT; THENCE N 87059;32" W ALONG SAID TANGENT AND
CONTINUING ALONG SAID NORTHERLY R.O.W. LINE A DISTANCE OF
294.59 FEET TO THE POINT OF BEGINNING.
NTAINING (747,449 SQU FEET) 17.159 ACRES.
er s Signature Owner's Signature
Address Address
City State Zip City State Zip
Date
Date
-3-
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.
. l�J
Circulator's Signature
Scot Williamson
Subscribed and sworn to before thi �"�) day
of D I -E� >M .U-e ►r'` , 1994, by .
Witness my hand and official seal.
My commission expires:
SHIRLEY S. MYERS
* * Notary Public. State of Texas
YY"11 My Comm. Exp. 08/21/97
Notary Pu is
-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 East Lincoln Third Annexation the City of Fort
Collins. Said area, consisting of approximately 17.159 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.
WHEREFORE, said petitioners request that the Council of the
City of Fort Collins approve the annexation of said area.
Further, the petitioners reserve the right to withdraw the
annexation petition of said area before the second reading
pursuant to Section 31-12-107(1.E), C.R.S.
Furthermore, the petitioners request that said area be
placed in the IL Zoning District pursuant to Chapter 29 (Zoning)
of the Code of the City of Fort Collins, subject to the condition
that all land will develop according to PUD development
requirements.
I � a
P BAST v,�g 4t RB�T'
FAU�tTY , P.uD.
BL
IP
,r
R
Goff COIN" A. •
RC
Vacant -�
i
inmerc ISam
z<
II
1, f
R L P
j Vacant
IL
C"Morcla/ s
/ndaatr/at
Wes
W.
s Lii r
w ..:
M1dl II eCnnv n.
,*-:�� 1.
Vicinity Map
EAST LINCOLN ANNEXATION & ZONING worth
Project Number: 40-94 & 40-94A
East Lincoln Third Annexation and Zoning, #40-94,A
October 24, 1994 P & Z Meeting
Page 4
3. On October 4, 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 November 15, 1994.
4. The requested I-L, Limited Industrial, District is in
conformance with the policies of the City,s Comprehensive
Plan.
STAFF RECOMMENDATION -
Staff recommends approval of the annexation and requested zoning.
Staff also recommends that a PUD condition be attached to the I-L
Zone for the property which would require all redevelopment
proposals for the property to be reviewed against the criteria of
the LAND DEVELOPMENT GUIDANCE SYSTEM.
East Lincoln Third Annexation and Zoning, #40-94,A
October 24, 1994 P & Z Meeting
Page 3
N: R-L, Low Density Residential, Andersonville Subdivision
I, Industrial, and I-L, Limited Industrial, undeveloped
E: I-L, Limited Industrial, undeveloped
S: I, Industrial, undeveloped
W: I-L, Limited Industrial, partially developed industrial
subdivision
The requested' zoning for this annexation is the I-L, Limited
Industrial, District. The I-L District designation is for light
industrial uses such as the manufacture of electronic instruments,
preparation of food products, and research and scientific
laboratories. Properties located to the immediate east and
immediate west are also zoned I-L. This property will essentially
become part of the western portion of the Valley Air Park
industrial area. This property will probably eventually develop
with a convenience store, a mix of convenience related retail, and
light industrial uses. The applicant's main intent of annexing
this property is to locate a convenience store at the Lincoln/Lemay
intersection. Convenience shopping centers are required to address
locational policies and design criteria specifically developed for
that type of land use, as well as the additional review criteria
contained in the City's planned unit development (PUD) code, the
LAND DEVELOPMENT GUIDANCE SYSTEM. A free-standing convenience
store at the Lincoln/Lemay intersection would not likely receive
approval according to the City's land use policies. A convenience
store would be required to be part of a larger "center" of 5-7
acres.
The City's MASTER STREETS PLAN categorizes the adjacent streets
into the following functional classifications:
Lemay Avenue, arterial (4 lanes)
Lincoln Avenue, arterial (4 lanes)
Lemay Avenue is planned to be realigned to the east of the
Andersonville Subdivision. The road will eventually separate
Andersonville from this property.
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.
East Lincoln Third Annexation and Zoning, #40-94,A .
October 24, 1994 P & Z Meeting
Page 2
Background•
The applicant, Diamond Shamrock, on behalf of the owner, Webster
Associates, has submitted a written petition requesting annexation
of approximately 17 acres located north of East Lincoln Ave. and
east of Lemay Ave. The requested zoning is the I-L, Limited
Industrial, District with a PUD condition. The property is
currently zoned I, Industrial, in the County which allows a wide
variety of commercial and industrial uses. The property is
presently basically undeveloped, there is one single-family
residence on the property. This is a voluntary annexation of
property located within the Fort Collins Urban Growth Area. The
applicant anticipates the following uses to be developed on the
property: a convenience store, other convenience related retail
uses, and, possibly, some light industrial uses. Any existing
commercial signs on, the property will have to conform to the City Is
Sign Code at the conclusion of a five-year amortization period or
upon redevelopment of the property.
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 Northeast Consolidated Annexation to the west
and the Fort Collins Business Center Annexation to the north and
east. The East Lincoln Avenue right-of-way is not included as part
of the annexation because the street primarily serves developments
in the County, therefore, the responsibility for road maintenance
should remain with that governmental entity. When the property
located south of East Lincoln Avenue is annexed, the street right-
of-way will also be annexed at that time. Upon annexation of this
property, an enclave will be created for a small piece of property
located southeast of the Buckingham/Lemay intersection. This
enclave property would become eligible for involuntary annexation
in the later part of 1997, ie., three years after the final
approval of the East Lincoln Third Annexation.
The current County Zoning District for the property is the I,
Industrial, Zone. The I Zone allows a wide variety of commercial
and industrial uses, including automobile sales and repair, mobile
home sales, builder's supply and lumber yards, machine shops,
bottling works, and secondary manufacture, assembly, or packaging
of products. The current zoning and existing land uses of
surrounding properties are as follows:
ITEM NO. 1 5
MEETING DATE 10 24-94
STAFF Ken Waido
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: East Lincoln Third Annexation and Zoning -
#40-94, A
APPLICANT: Diamond Shamrock
c/o Galloway, Romero & Associates
14202 E. Evens Ave.
Aurora, CO 80014
OWNER: Webster Associates
60 E. Service Rd., I-25
Cheyenne, WY 82007
PROJECT DESCRIPTION:
Request to annex and zone approximately 17 acres located north of
East Lincoln Avenue and east of Lemay Avenue. The requested zoning
is the I-L, Limited Industrial, District, with a PUD condition.
The proposed uses of the property are as follows: a convenience
store, other convenience related retail uses, and, possibly, some
light industrial uses.
RECOMMENDATION:
Staff recommends approval of the annexation and zoning request.
Staff also recommends the I-L Zone have a PUD condition attached.
EXECUTIVE SUMMARY:
This is a request to annex and zone approximately 17 acres located
north of East Lincoln Avenue and east of Lemay Avenue. The
requested zoning is the I-L, Limited Industrial, District with a
PUD condition. The property is currently zoned I, Industrial, in
the County, which allows a wide variety of commercial and
industrial uses. The property is presently basically undeveloped,
there is one single-family residence on the property. This is a
voluntary annexation of property located within the Fort Collins
Urban Growth Area. The applicant anticipates the following uses to
be developed on the property: a convenience store, other
convenience related retail uses, and, possibly, some light
industrial uses.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO B0522-0580 (303) 221-6750
PLANNING DEPARTMENT