The URL can be used to link to this page

Home My WebLink AboutROHRBACKER ANNEXATION & ZONING - 41-89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS • • ITEM NO. 10 iiiinim MEETING DATE 8-28-89 STAFF Sherry Albertson—Clark City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Rohrbacker Annexation and Zoning - #41-89,A APPLICANT: Rosalie Rohrbacker OWNER: same 430 W. Myrtle Fort Collins, CO 80525 PROJECT DESCRIPTION: Request to annex and zone approximately 3.6 acres, located on East Magnolia Court, west of Link Lane and north of East Mulberry. The requested zoning is the C-Commercial District, with a PUD condition. RECOMMENDATION: Staff recommends approval of the annexation and zoning. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 3.6 acres, located on East Magnolia Court. The requested zoning is the C-Commercial District. The property is presently being used for a construction business (Sipes Concrete) and storage of automobiles and contains a vacant office building. The appli- cant plans to develop the site as an auto salvage yard. This is a voluntary annexation. DEVELOPMENT SERVICES 300 LaPorte Ave.P.O. Box 580 Fort Collins,CO 80522-0580(303)221-6750 PLANNING DEPARTMENT • • Rohrbacker Annex. and Zoning - #41-89,A P & Z Meeting - August 28, 1989 Page 2 COMMENTS Background: The applicant is requesting annexation of approximately 3.6 acres, located on East Magnolia Court, west of Link Lane and north of East Mulberry. The property is presently being used for a construction business (Sipes Concrete) and storage of automobiles and contains a vacant office building. The appli- cant plans to develop the site as an auto salvage yard. This is a voluntary annexation. 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 annex 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 Second Fisher-Lemay Avenue Annexation to the west. The surrounding zoning and land uses are as follows: N: I (Industrial, in Larimer County) East Olive Court S: C (Commercial, in Larimer County) Supermarket Liquors, Colonial Self-Storage E: I (Industrial, in Larimer County) Loos Electric Supply, Ferguson Enterprises W: b-p; vacant The requested zoning for this annexation is the C-Commercial District. The Commercial District designation is for areas for commercial, storage and service uses. The proposed zoning, C-Commercial, is consistent with the kinds of uses that presently exist in the surrounding area. The existing uses on this property become non-conforming uses at the time of annexation, until an approved PUD site plan brings these (or other proposed uses) into compliance with the LAND DEVELOPMENT GUIDANCE SYSTEM. The applicant plans to develop the site as an auto salvage yard. Because this district allows any commercial, storage and service use as a "use-by-right", staff feels a PUD condition should be applied to the property to protect adjacent properties from potential incompatible uses. The PUD condition would require future development proposals to be reviewed against the criteria of the LAND DEVELOPMENT GUIDANCE SYSTEM. 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 INTER- GOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. • • Rohrbacker Annex. and Zoning - #41-89,A P & Z Meeting - August 28, 1989 Page 3 2. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. 3. On October 17, 1989, the City Council will hold a public hearing to consider Ordinances annexing and zoning the property. 4. The requested C- Commercial District is in conformance with the City's Comprehensive Plan and consistent with existing zoning in the immediate area. RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. u LL _1 • j jai M- I ♦ •ovc t Pk J �- 4 �- OUT S aV =� LZ .)iir I■arib Project Location ■ 11111 wt..,,,y . . --.• ■ ; ,� �� : ^�'E ow , czy. ■ ,, 1111 ,� • W •I_ iNK \\\ Il , ■ / z.t .mom L ANC Cr US � III. ■ lima-■� Mt MULBERRY b `` `1-11t ■ P <<> ‘ • Q _ _ Area of Notification bil4.,/ bp , \ ai N 4-k -_= �. � ITEM ROHRBACKER ANNEXATION & ZONING NUMBER 41 -89, A • • 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 Rohrbacker Annexation to the City of Fort Collins. Said area, consisting of approximately 3.6187 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. Furthermore, the petitioners request that said area be placed in the C Commercial Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. • • STATE OF COLORADO) COUNTY OF LARIN1ER) 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 bc. Circulator Signature Subscribed and sworn to before me this /4/7« day of 19 j . by Grit , -,141 c r . Witness my hand and official seal. M4y Commission expires: /.;2/?� / 9 / . i Notary Publ • • 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 SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P. M. , LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 AS BEARING N89 04' 47"E, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE N71 15' 47"E 1324.90 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF LOT I , BLOCK I , EAST MULBERRY SUBDIVISION; THENCE NOO 05' 47"E 411 .00 FEET; THENCE N89 04' 47"E 384. 35 FEET TO THE EAST LINE OF LOT 9-A, AMENDED PLAT OF LOTS 6,7,8 AND 9, BLOCK ONE, EAST MULBERRY SUBDIVISION; THENCE SOO 15' 47"W 143. 50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9-A ; THENCE S89 04 ' 47"W 1 .00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9-A; THENCE SOO 15' 47"W 60.00 FEET TO THE NORTHWEST CORNER OF LOT 8-A , AMENDED PLAT OF LOTS 6,7, 8 AND 9, BLOCK I , EAST MULBERRY SUBDIVISION; THENCE N89 04 ' 47"E 1 . 00 FEET; THENCE SOO 15 ' 47"W 207 .50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9-A; THENCE S89 04' 47"W 383.37 FEET TO THE POINT OF BEGINNING. CONTAINING 3.6187 ACRES. ffe4J2/H. LA, Owner's Signature Owner's Signature 4/3.0 7/ 112 La Address Address 0,1a /Go a , 9632/ City State Zip City State Zip Lam . // t9g9 Date / Date -3- • • TTORNEY CERTIFICATION I, A--ri (4::::��J 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. 7{---, /------------- G S.gnature 7lSOHER, HOW F«A,,t,.:;. ATTORNEYS AT LAW Post Office Box 506 Fort Collins, Colorado 80522 I /( /7 Date -4- 411 • ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Lorimer, State of Colorado to-wit: A TRACT OF LAND SITUATE IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P . M. , LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 AS BEARING N89 04 ' 47"E, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHWEST CORNER OF SAID SECTION 7 AND RUN THENCE N71 15 ' 47"E 1324 . 90 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE NORTHWEST CORNER OF LOT I , BLOCK I , EAST MULBERRY SUBDIVISION; THENCE NOD 05' 47"E 411 .00 FEET; THENCE N89 04 ' 47"E 384 . 35 FEET TO THE EAST LINE OF LOT 9—A, AMENDED PLAT OF LOTS 6,7, 8 AND 9, BLOCK ONE, EAST MULBERRY SUBDIVISION, THENCE SOO 15' 47"W 143.50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9—A; THENCE S89 04 ' 47"W 1 .00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 9—A; THENCE SOO 15' 47"W 60.00 FEET TO THE NORTHWEST CORNER OF LOT 8—A, AMENDED PLAT OF LOTS 6,7, 8 AND 9, BLOCK I , EAST MULBERRY SUBDIVISION; THENCE N89 04 ' 47"E 1 .00 FEET; THENCE SOO 15 ' 47"W 207.50 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9—A; THENCE S89 04 ' 47"W 383 . 37 FEET TO THE POINT OF BEGINNING. CONTAINING 3 .6187 ACRES. -5-