HomeMy WebLinkAboutKIRSCHNER ANNEXATION AND ZONING - 53 93 AND 53 93A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT "A"
LEGAL DESCRIPTION OF THE ANNEXATION
A tract of land situate in the County of Larimer, State of Colorado to -wit:
D E S C R I P T I O N O F T R A C T S
TRACT 1
A tract of land altunta in the West 1/2 of the Northwest 1/4 of Scction 1C, -Township 7 North, Range 60 West,
of the Sixth P.M., Lorimar County, Colorado, which begins at a point on the north lino of cold Northwest 1/4
which boars S 89. 211E 655.73 foot from the Northwest cornor of said Section 10, and run thence S 898 211E
660.00 feat; thence S 00. 01' 308W 660.00 foot along the cant line of the West 1/2 of Gold Northwest 1/4;
thence N 090 2111d 660.00 feet; thence N 008 011 30"E 660.00 'feet to the point of beginning, containing
10.000 acres, more or lase, and being subject to all easements and rights -or -way which are existing or are
or record, and being subject to a right-of-way .for County Road No. 40 over the most northerly 30 feet thereof.
TRACT 2
A tract of land situate in the Want 1/2 of the Northwest 1/4 of Section 10,•Township 7 North, Range 68 West,
of the Sixth P.M., Lorimar County, Colorado, which begins at a point on the north line of said Northwest 1/4
which bears S 89" 211E 6D9.1 feat from the Northwest cornor of said Section 10, and run thence S 008 391W
30.60 feet; thence along the easterly right-of-way line of Interstate Highway No. 25. S 041 071W 421.70
test, and again S 148 02' 30"W 626.36 feet, and again S 000 061E 500.00 foot, and again S 040 051E 1410.60
feet to a point on the northerly right-of-way line of the Colorado and Southern Railroad; thence along sold
northerly railroad right-of-way, S 80" 551E 1176.12 feet to a point on the east line of the West 1/2 of said
Northwest 1/4; thence along said cost line N 000 01' 308E 1942.65 feat; thence N 898 2l'W 660.00 feat; thence
H 000 01' 308E 660.00 feet to the north'lins of said Northwest 1/4; thence N 090 21'W 46.63 fast to the point
of beginning, containing 62.689 acres, more or less, and being subject to all easements and rights -of -way
which are existing or are or record, and being subject to a right-of-way for County Road No. 48 over the
most northerly 30 Feet thereof.
10
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ATTORNEY CERTIFICATION
I, `mac `U- _L an attorney licensed to
practice in the State of Colora� do, h eby certify t at 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.
1�. 392
Signature
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:
D E S C R I P T I 0 N O F T R A C T S
TRACT 1
A tract of land situate in the West 1/2 of the Northwest 1/4 of Section 10, -Township 7 North, Range 68 West,
of the Sixth P.M., Lorimer County, Colorado, which begins at a point on the north lino of cold Northwest 1/4
which boars S 89" 211E 655.73 rout from the Northwest corner of said Section 10, and run thence S 09" 211E
660.00 foot; thence S 00" 011 306W 660.00 feat along the oust line of the West 1/2 of said Northwest 1/4;
thence N 09" 211W 660.00 feet; thence N 00" 011 30"E 660.00 foot to the point of beginning, containing
10;000 acres, more or leas, and being subject to all casements and rlghto-of-way which are existing or Ora
of record, and being subject to a right-of-way for County Road Na. 48 over the moot northerly 30 feat thereof.
TRACT 2
A tract of land situate in the West 1/2 of the Northwest 1/4 of Section 10,, Township 7 North, Range 68 West,
of the Sixth P.H., Lorimar County, Colorado, which begins at a point on the north line of said Northwest 1/4
which beers S 89° 211E 609.1 feet from the Northwest corner or said Section 10, and run thence S 00' 391W
30.60 feet; thence along the easterly right -or -way line of Interstata Highway No. 25,, S 840 071W 421.70
feet, and again S 140 021 30"W 626.36 rout, and again S 000 061E 506.00 feet, and again S 040 051E 1410.60
feet to a point on the northerly right-of-way line of the Colorado and Southern Railroad; thence along said
northerly railroad right -or -way, S 88° 551E 1176.12 feet to a point on the east line of the West 1/2 or aald
Northwest 1/4; thence along said east lino N 00° 011 30"E 1942.65 feat; thence N 09e 211W 660.00 feet; thence
N 000 011 30"E 660.00 feat to the north'line of said Northwest 1/4; thence N 890 211W 46.63 feat to the point ,
of beginning, containing 62.689 acres, more or less, and being subject to all easements and rights -or -way
which are existing or are of record, and being subject to a right-of-way for County Road No. 48 over the
most northerly 30 feet thereof.
Owner's Signature
Address
City
Date
KIRSCHNER FAMILY PARTNERSHIP
By: e r��rr
Owner's Signature Cath rine C. Kirschner,
Partner
8330 East .Quinr,y, Unit A -ill
Address
Denver Colorado 80237
State Zip City
Date
-3-
State Zip
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.
Circulator's Signature Catherine P. Kirschner
Subscribed and sworn to before me this % T day of ,
19 93 ,by Catherine P. Kirschner
Witness my hand and official seal.
My Commission expires: L91clro
2
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SPIN
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 Kirschner Annexation to the City of Fort
Collins. Said area, consisting of approximately 72.689 t 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.
The petitioner specifically reserves the right to withdraw this petition at any time prior
to the Second Reading of the Annexation by ,the Council'of the City of Fort Collins, Colorado.
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 IL - Limited Industrial Zoning District pursuant to Chapter 29 (Zoning) of the
Code of the City of Fort Collins.
ITEM: KIRSCHNER
North
Annexation & Zoning
NUMBER: 53-93, A
Kirschner A & Z - #53-93,A
September 27, 1993 P & Z
Page 4
STAFF RECOMMENDATION:
Staff recommends approval of the Kirschner Annexation and requested
I-L, Limited Industrial Zoning, with the following conditions:
1. The property be subject to a Planned Unit Development (PUD)
review process.
2. A map amendment be made to place the property known as the
Kirschner Annexation on the Residential Neighborhood Sign
District map and to exclude this property from the Residential
Neighborhood Sign District.
Kirschner A & Z - #53-931A
September 27, 1993 P & Z
Page 3
This site addresses these locational policies, by its proximity to
I-25 and East Vine Drive, which is designated as an arterial street
on the City's Master Street Plan and the availability of services
for this site. The proposed zoning is consistent with the existing
zoning and land uses in the surrounding area. Staff is
recommending a condition that the property be subject to a Planned
Unit Development (PUD) review process, which is consistent with the
zoning condition on properties to the west and north of this site.
A map amendment will be necessary to place this property on the
Residential Neighborhood Sign District Map. The Residential
Neighborhood Sign District was established to regulate signage of
non-residential uses in areas of the City which may be impacted by
signage due to their predominant residential use or character. The
District typically includes neighborhood service centers and
convenience centers, business service uses and auto -related and
roadside commercial land uses; as well as residential areas which
may be impacted by these land uses. Properties along I-25 have
been excluded from the District, since this area is a regional
transportation and industrial corridor and is not planned to
provide neighborhood -oriented land uses. Thus, staff recommends
that a map amendment be made to place the property known as the
Kirschner Annexation on the Residential Neighborhood Sign District
Map and to exclude this property from the Residential Neighborhood
sign District.
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 statutes to
qualify for a voluntary annexation to the City of Fort
Collins.
3. On September 7, 1993, the City Council approved a resolution
which accepts the annexation petition and determines that the
petition is in compliance with State statutes. 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
annexation 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 October 19, 1993.
4. The requested I-L, Limited Industrial District is in
conformance with the policies of the City's Comprehensive
Plan.
Kirschner A & Z - #53-93,A
September 27, 1993 P & Z
Page 2
Background:
The applicant, Cityscape Urban Design, on behalf of the property
owners, Kirschner Family Partnership, has submitted a written
petition requesting annexation of approximately 72.6 acres located
at the southeast corner of East Vine Drive and I-25. The property
contains a farmhouse and outbuildings.
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
boundary with the following annexations:
North: Front Range Farms II Annexation
West: I-25 First Annexation, Frontage Road Industrial
Associates, Ltd. Annexation
The surrounding zoning and land uses are as follows:
N: il; agricultural
S: FA-1; Marathon Metallic Building Company
E: FA-1; agricultural
W: il; agricultural
The requested zoning for this annexation is the I-L, limited
Industrial District. The I-L District is for light industrial
uses. According to the City's Land Use Policies Plan, the
following policies are related to the location of industrial land
uses:
59. Industrial uses may locate in less hazardous flood plain
classifications provided proper mitigation of the flood
hazard and water quality is preserved and the floodplain
is protected consistent with the City's Open Space Plan
and the entire project is approved by the City.
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.
61. Industrial development should be located 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.
ITEM NO. 13
s" MEETING DATE 9/27/93
STAFF Sherry Albertson -Clark
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
PROJECT: Kirschner Annexation and Zoning - #53-93,A
APPLICANT: Kirschner Family Partnership
c/o Cityscape Urban Design
3555 Stanford Road, Suite 105
Fort Collins, CO 80525
OWNER: Kirschner Family Partnership
8330 East Quincy Avenue, Unit A-111
Denver, CO 80237
PROJECT DESCRIPTION:
Request to annex and zone approximately 72.6 acres, located at the
southeast corner of I-25 and East Vine Drive. The requested zoning
is IL, Limited Industrial.
RECOMMENDATION: Approval with conditions
EXECUTIVE SUMMARY:
This is a request to annex and zone approximately 72.6 acres,
located at the southeast corner of I-25 and East Vine Drive. The
requested zoning is IL, Limited Industrial. The property is
currently zoned FA-1, Farming in the County. This is a voluntary
annexation. Conditions regarding development as a PUD and the
Residential Neighborhood Sign District are recommended.
COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750
PLANNING DEPARTMENT