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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 -5- 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 -2- 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