HomeMy WebLinkAboutSKYVIEW LTD. ANNEXATION & ZONING - 10-89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITE11 v,., 13
PLANNING AND ZONING BOARD MEETING OF revLuaLy L707
STAFF REPORT
PROJECT: Skyview Ltd. Annexation and Zoning - #10-89, A
APPLICANT: James P. Ryan OWNER: Same
1355 So. Colorado Blvd.
Denver, CO 80222
PROJECT PLANNER: Ken Waido
PROJECT DESCRIPTION: Request to annex and zone approximately 42.0 acres
located west of S. College Avenue and north of the Skyview Subdivision. The
requested zoning is the B-P, Planned Business Zoning District with a PUD
condition.
RECOMMENDATION: Staff recommends approval of the annexation and zon-
ing request.
EXECUTIVE SUMMARY: This is a request to annex and zone approximately
42.0 acres located west of S. College Avenue and north of the Skyview Subdivi-
sion. The requested zoning is the B-P, Planned Business Zoning District with a
PUD condition. The property is presently undeveloped. The property is cur-
rently zoned C-Commercial and FA -Farming in the County. This is a volun-
tary annexation.
OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P 0 Box 580 • Fort Collins. Colorado 80522 303) ==' SERVICES, PLANNING DEPARTMENT
Skyview Ltd. - Annex. and Zoning - #10-89, A
P & Z Meeting - February 27, 1989
Page 2
Background:
The applicant and owner, James P. Ryan, has submitted a written petition
requesting annexation of approximately 42.0 acres located west of S. College
Avenue and north of the Skyview Subdivision. The requested zoning is the B-P,
Planned Business Zoning District with a PUD condition. The property is pres-
ently undeveloped. The property is currently zoned C-Commercial and FA -
Farming in the County. This is a voluntary annexation. Any existing commer-
cial signs on the property will have to conform to the City's Sign Code at the
conclusion of a five year amortization period.
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 West Fossil Creek Annexation to the north.
The surrounding zoning and existing land uses are as follows:
N: B-P, undeveloped.
E: C-Commercial, various commercial uses.
S: C-Commercial and FA -Farming, commercial and residential subdivision.
W: FA-1-Farming, undeveloped residential subdivision.
The requested zoning for this annexation is the B-P, Planned Business District
with a PUD condition. The B-P District designation is for areas planned as a
unit to provide business services while still protecting surrounding residential
areas. The PUD zoning condition will require all development proposals on the
property to be reviewed against the criteria of the LAND DEVELOPMENT
GUIDANCE SYSTEM. The property will probably eventually develop with a
combination of retail commercial and service office uses. According to the
City's LAND USE POLICIES PLAN, commercial and business uses should locate
near transportation facilities that offer the required access to the uses but will
not create demands which exceed the capacity of the existing and future
transportation network of the city. This site addresses these locational policies.
There are no immediate development plans for the 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.
No Text
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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 ,',c
5kv v1e,&w Ltol Annexation to the City of Fort
Collins. Said area, consisting of approximately 42 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 arfia. Furthermore, the petitioners
request that said area be placed in the A0 Zoning District
pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins.
J
STATE OF COLORADO)
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 si-Inaturc therein Is the sisnaIure of th-- perSUn whose- n:Imc it
purports to be.
Qc, /," J,, 44E�
Circu tor's Slgnatu
Subscribed and sworn to before me this 0�5_ day of
19 by
Witness my hand and official seal.
My Commission expires: (.j_r,25- /29L2
Kota Public
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LEGAL DESCRIPTION OF REAL PROPERTI'
INCLUDED IN TIIE ANNEXATION
A tract of land situate in the Couniv of Larimer, State of Colorado to -wit:
That portion of North one-half of Northeast quarter of Section 11,
Township 6 North, Range 69 West of the 6thP.M., lying East of the
East line of the right of way of C & S Railroad, EXCEPT that portion
described in Deed to the Department of Highways, State of Colorado,
recorded in Book 1066 at page 204, described as follows:
Beginning at a point on the North line of Section 11, Township 6 North,
Range 69 West from which the Northeast corner of Section 11 bears North
88°35' East, 75.0 feet; thence South 0°57' West, 610.5 feet; thence along
the arc of a curve to the left, having a radius of 22,995.0 feet, 345.5
feet, (the chord of this arc bears South 0*31' West 345.5 feet) to the
South line of the Northeast quarter of the Northeast quarter of Section
11; thence along the South line of the Northeast quarter of the Northeast
quarter of Section 11, North 89*29' East 84.1 feet, to the East line of
Section 11; thence along the East line of Section 11 North 0°25'30" East
1322.9 feet to the Northeast corner of Section 11; thence along the
North line of Section 11, South 88035' West 75.0 feet, more or less,
to the point of beginning. County of Larimer, State of Colorado.
EXCEPT the following described parcel:
A tract of land situate in the Northeast 1/4 of Section 11, Township
6 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which
considering the North line of said Northeast 1/4 as bearing N 880 39'
E and with all bearings contained herein relative thereto, begins at a
point on the West line of Colorado State Highway No. 1, which bears
S 880 39' W 75.00 feet, and again S 000 52' W 1039.36 Feet from the
Northeast corner of said Section 11, and runs thence S 000 52' W 269.57
feet along said West highway line; thence S 890 21' W 280.10 feet;
thence N 000 52' E 276.98 feet; thence S 89' 08' E 280.00 feet to the
point of beginning.
SKYWW LTD., a Jimited Partnership
Ow is Signature
Jam s P. Ryan, General Partner
IISS S_ Colorado Blvd., Ste. 318
Address
Denver, CO 80222
City State Zip
January 23, 1989
Date
Owner's Signature
Address
City State
Date
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Zip
ATTORNEY CERTIFICATION
I, Edward J. Muhr, an attorney licensed to practice in the State of
Colorado, hereby certify that I have examined certain policies of title
insurance issued through Transamerica Title Insurance Company, and have
verified that the signer of the attached Annexation Petition is owner of
real property in the area proposed for annexation. Furthermore, I
certify that said owner constitutes 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.
Edward J.-Muhr 69
Attorney at
300 E. Hampden Ave., Ste. 108
Englewood, CO 80110
761-4484
Date
-4-
I
0 •
A"FTACFI\1ENT "A"
LEGAL DESCRIPTION OF THE ANNE\A"PION
A tract of' land situate in tlic Count- of Larimer. State of Colorado to -wit:
That portion of North one -Half of Northeast quarter of Section 11,
Township 6 North, Range 69 West of the 6LhP.M., lying East of the
East line of the right of way Of C & S Railroad, EXCEPT that portion
described in Deed to the Department of Highways, State of Colorado,
recorded in Book 1066 at page 204, described as follows:
Beginning at a point on the North line of Section 11, Township 6 North,
Range 69 West from which the Northeast corner of Section 11 bears North
88*35' East, 75.0 feet; thence South 0°57' West, 610.5 feet; thence along
the arc of a curve to the left, having a radius of 22,995.0 feet, 345.5
feet, (tile chord of this arc bears South 0*31' West 345.5 feet) to the
South line of the Northeast quarter of the Northeast quarter of Section
11; thence along the South line of the Northeast quarter of the Northeast
quarter of Section 11, North 89°29' East 84.1 feet, to the East line of
Section 11; thence along the East line of Section 11 North 0125'30" East
1322.9 feet to the Northeast corner of Section 11; thence along the
North line of Section 11, South 88035' West 75.0 feet, more or less,
to the point of beginning. County of Larimer, State of Colorado.
EXCEPT the following described parcel:
A tract of land situate in the Northc<-tst 1/4 of Section 11, Township
6 North, Range 69 West of the Sixth P.M., Larimer County, Colorado, which
considering the North line of said Northeast 1/4 as bearing N 88' 39'
E and with all bearings contained herein relative thereto, begins at a
point on the West line of Colorado State Highway No. 1, which bears
S 880 39' W 75.00 feet, and again S 000 52' W 1039.36 Feet from the
Northeast corner of said Section 11, and runs thence S 000 52' W 269.57
feet along said West highway line; thence S 890 21' W 280.10 feet;
thence N 00' 52' E 276.98 feet; thence S 89" 08' E 280.00 feet to the
point of beginning.
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