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HomeMy WebLinkAboutKOLDEWAY ANNEXATION & ZONING - 7-89, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSI T E 4 N., 9 PLANNING AND ZONING BOARD MEETING OF February 27,, 1989 STAFF REPORT PROJECT: Koldeway Annexation and Zoning - #7-89,A APPLICANT: Arthur T. Koldeway OWNER: Arthur T. Koldeway 6229 Co. Rd. 13 Loveland, CO 80537 PROJECT PLANNER: Sherry Albertson -Clark PROJECT DESCRIPTION: Request to annex and zone approximately 8.1 acres, located at the northwest corner of I-25 and Harmony Road. The requested zoning is B-P, Planned Business District. RECOMMENDATION: Staff recommends approval of the annexation and zon- ing. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 8.1 acres, located at the northwest corner of I-25 and Harmony Road. The requested zoning is the B-P, Planned Business District. The property is the site of Rudy's Star Service (automotive repair) and Ventures Now Furniture Outlet. There are no immediate plans for development. This is a voluntary annexa- tion. OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P 0. Box 580 • Fort Collins. Colorado 80522 ,301; SERVICES, PLANNING DEPARTMENT 0 E Koldeway Annex. and Zoning - #7-89,A P & Z Meeting - February 27, 1989 Page 2 COMMENTS Background: The applicant, Arthur Koldeway, is requesting annexation of approximately 8.1 acres, located at the northwest corner of I-25 and Harmony Road. This prop- erty is the site of Rudy's Star Service, (automotive repair) and Ventures Now Furniture Outlet. There are no immediate plans for development. 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 New Note Partnership First Annexation to the north and west. The surrounding zoning and land uses are as follows: N: I-L; (proposed with New Note 1st Annexation) vacant S: b-p; FA-1, T, C; existing office, gas station E: C; (in Larimer County) vacant W: I-L; (proposed with New Note 1st Annexation) vacant The requested zoning for this annexation is the B-P, Planned Business District. The B-P District designation is for areas planned as a unit to provide business services. Permitted uses in this zone are residential uses and child care centers. Business -related uses would require PUD approval. The proposed zoning, Planned Business, is consistent with the kinds of uses that would be expected to locate at the intersection of a state highway and an interstate route. The existing uses 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. There are no immediate devel- opment 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 INTER- GOVERNMENTAL 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. 3. On March 21, 1989, the City Council will hold a public hearing to consider Ordinances annexing and zoning the property. 0 0 Koldeway Annex. and Zoning - #7-89,A P & Z Meeting - February 27, 1989 Page 3 4. The requested B-P Planned Business District is in conformance with the City's Comprehensive Plan. RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. ITEM KOLDEWAY ANNEXATION & ZONING NUMBER 7-899 A d 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 Koldeway_ Annexation to the Citv of Fort Collins Said_arca, consisting of approximately _8.118 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. 9. The petitioners reserve the right to withdraw this petition at any time prior to second reading by the City of Fort Collins City Council. Said meeting tentatively scheduled for April 4, 1989. Further, the petitioners consent pursurant 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 laced in theB-_P,Pn p la_ned usin s . _ _ ___ oning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. } 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. rcu at o rT STgnatur A - 'I W. -RLIDS Subscribed and sworn to before me this - day of January 19 3 9 , by v'7ILLIA_4 W . REY,IOLDS Witness my ;land a;:d official seal. My Commission expires: Notary Public t LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tact of i--ind Situate in the County of Larimcr, State of Colorado to-o-It: A. tract of land located in the SW1/4 of Section 34, Township 7 North, Range 68 West of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the SW1/4 of the said Section 34 as bearing N 00*01100" E and with all bearings contained herein relative thereto: Commencing at the SW corner of the said Section 34, thence along the said South line S 89*37100" E 1574.35 feet; thence N 0*20100" E 151.37 feet to a point on the North right-of-way line of Colorado Highway 68, said point being the True Point of Beginning; thence N 00°20100" E 560.50 feet; thence S 89*40100" E 715.52 feet to a point on the West right-of-way line of Interstate Highway 25; thence with said West right-of-way line S 13*11'30" W 524.19 feet to a point on the North right-of-way line of Colorado Highway 68, thence along said North right-of-way line S 84°27100" W 482.40 feet; thence N 89*40100" W 119.00 feet to the Point of Beginning; TOGETHER WITH all of the Grantor's right, title, and interest in and to that certain "Road'Easement" and that certain "Sewer Line Easement," as more fully described in that certain "Warranty Deed" dated October 5, 1976, and recorded October 7, 1976, in Book 1726 at Pages 668-673 of the Larimer County, Colorado records. (The street address of which is 4414 East Harmony Road, Fort Collins, Colorado) Owner's Signature ARTHUR T. KOLDEWAY 6228 North County Road 13 Address Loveland, CO 80537 �ity State January ;4+ , 1989 Date Owner's Signature Address Zip City State Zip r Date t I, JOSEPH H. FONFARA ;litOrr,e� lip ns ;i to practice in the State of Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimcr County, Colorado, ^nd have verified that the signers of the attached Annexation Petition are owners of rcai property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowncrs in the area proposed for annexation and own more than 50% of the land in said area, exclusive of streets and allcvs. SignaturcJOSEPH H. FONFARA i January, f/, 1989 Date ATTACHMENT "A" 1,EGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimcr, State of Colorado to -wit: A tract of land located in the SW1/4 of Section 34, Township 7 North, Range 68 West of the 6th P.M., of Larimer County, Colorado, being more particularly described as follows: Considering the West line of the SW1/4 of the said Section 34 as bearing N 00*01100" E and with all bearings contained herein relative thereto: Commencing at the SW corner of the said Section 34, thence along the said South line S 89°37100" E 1574.35 feet; thence N 0*20100" E 151.37 feet to a point on the North right-of-way line of Colorado Highway 68, said point being the True Point of Beginning; thence N 00*20100" E 560.50 feet; thence S 89*40100" E 715.52 feet to a point on the West right-of-way line of Interstate Highway 25; thence with said West right-of-way line S 13°11'30" W 524.19 feet to a point on the North right-of-way line of Colorado Highway 68, thence along said North right-of-way line S 84°27100" W 482.40 feet; thence N 89*40100" W 119.00 feet to the Point of Beginning; TOGETHER WITH all of the Grantor's right, title, and interest in and to that certain "Road Easement" and that certain "Sewer Line Easement," as more fully described in that certain "Warranty Deed" dated October 5, 1976, and recorded October 7, 1976, in Book 1726 at Pages 668-673 of the Larimer County, Colorado records. (The street address of which is 4414 East Harmony Road, For' C011 Ors, Ccloradc) -5-