The URL can be used to link to this page

Home My WebLink AboutPACE MEMBERSHIP WAREHOUSE - FIRST ANNEXATION & ZONING - 76-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 8 • PLANNING AND ZONING BOARD MEETING OF September 26,, 1988 STAFF DEPORT PROJECT: PACE Membership Warehouse First Annexation and Zoning - #76-88A APPLICANT: Fred and Dorothy McClanahan c/o RBD Inc. Engineering Consultants 2900 South College Avenue Fort Collins, CO 80525 OWNERS: Fred and Dorothy McClanahan 5001 South College Avenue Fort Collins, CO. 80525 PROJECT PLANNER: Linda Ripley PROJECT DESCRIPTION: Request to annex and zone approximately 9.10 acres 401 located west of South College Avenue, north of Mill Brothers Nursery and south of Fossil Creek Nursery. The requested zoning is the B-P Planned Busi- ness District. RECOMMENDATION: Staff recommends approval of the annexation and zon- ing request with a planned unit development condition. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 9.10 acres located west of South College Avenue, north of Mill Brothers Nursery and south of Fossil Creek Nursery. The property is presently undcvel- oped. This is a voluntary annexation. OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750 SERVICES, PLANNING DEPARTMENT PACE Membership Warehouse Annex and Zoning— 76-88, A P & Z Meeting - September_ 26, 1988 Page 2 Background: The applicant, RBD Inc., on behalf of the owners, Fred and Dorothy McClana- han, has submitted a written petition requesting annexation of 9.10 acres located west of South College Avenue, north of Mill Brothers Nursery and south of Fossil Creek Nursery. The property is located within the Fort Collins Urban Growth Area. According to policies and agreements between the City of Fort Collins and Larimcr 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 Mill First and Second Annexations to the south and the Fairway Estates Business Annexation to the east. The requested zoning for this annexation is the B-P Planned Business District. The B-P Planned Business District designation is for areas planned as a unit to provide business services while still protecting surrounding residential areas. Given the properties location adjacent to College Avenue, it is likely that business service uses will eventually develop on the property. The LAND USE POLICIES PLAN states that regional/community shopping and related business service uses should locate near transportation facilities that offer required access without exceeding the capacity of the existing and future transportation network of the City, in areas where they can be served by public transporta- tion and in areas that arc served by existing water and sewer facilities. This site meets these locational criteria. The owners of the property presently reside and maintain some livestock on the property. Findings The annexation of this area is consistent with the policies and agreements between Larimcr 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. 3. On October 4, 1988, the City Council will hear a resolution which accepts the annexation petition and determines that the petition is in compliance with State law. The resolution will initiate 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 annexing and zoning the area. Public hearing and second reading of the Ordinances annexing and zoning the property will be considered by the City Council on Novem- ber 15, 1988. 4. The requested B-P Planned Business District is in conformance with the policies of the City's Comprehensive Plan. • • • i No Text ITEM PACE WAREHOUSE NUMBER, 76-88, 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 PACE Membership Warehouse First Annexation to the City of Fort Collins. Said area, consisting of approximately 9.1034 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 ur- banized 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 ex- cept as may be provided by the ordinances of the City of Fort Collins. 9. That 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 tenta- tively scheduled for November 15, 1988. 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 (bp) Planned Business Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. • • • STATE OF COLORADO) ) ss. COUNTY OF LARI�lER) 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 Subscribed and sworn to before me this /i r � day of ' �"i'/ . �.� 19 �T by kt4c�• Witness my hand and official seal. lily Li;;;EItIi3�;�t1 My Commission expires: Notary Public -2- LEGAL DESCRIPTION OF REAL PROPURTY tNCLUt)ED IN 'TIIE ANNEXATION A tract of land situate in the County of Larimcr, State of Colorado to -wit: A tract of land situate in the Northeast } of Section 2. Township 6 North, Range 69 West of the Sixth P.M., Larimer County. Colorado, which considering the East line of said Section 2 as bearing N 00' 47' E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point oo the West right--of-'way line of U.S. Highway No. 287 which bears N 00° 47' E 2681.70 feet and again N 88' 45' W 48.40 feet from the Southeast corner of said Section 2 and run thence N 00' 48' 35" E 433.99 feet along the said West right-of-way line; thence N 88' 45' W 913.46 feet to a point on the East right-of-way line of the Burlington Northern Railroad, said right -of -sway line being 100.00 feet from the centerline of the said railroad; thence S 00' 53' W 433.98 feet along the said East right-of- way line; thence S 88' 45' E 914.02 feet to the point of beginning, containing 9.1034 acres more or less. • Owner's Signature Owner's Signature Address Address City State ZiP City State' "Lip Date Date � P_j -3- • . ATTORNEY CER"TIFICATION • • CAAeLES R. i4u DOLjc-_soil an atto. ncv licensed to practicc in the State of Colorado, hereby certify that 1 have examined the records of the Clcrk and Recorder of Larimcr County, Colorado, and ha\c verified that the signers of the attached Annexation Petition arc owners of real property in the arca proposed for anncxation. Furthermore, 1 certify that said owners constitute morc than 50% of the landowncrs in the arca proposcd for anncxation and own morc than 50% of the land in said arca, exclusive of streets and alleys. F F AdF WA, IS �' ffl-�/' A FAA 7 /6- 88 Datc -4- t A. ATTACII,NlENT "A" LEGAL, DESCRIPTION OF T11F. ANNEXATION A tact of land situatc in the Count%, of Larimcr, Statc of Colorado to -%%,it: A tract of land located in the Northeast 1/4 of Section 2, Township 6 North, Range 69 West of the Sixth P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said Section 2 as bearing North 000 47' East and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2; thence along, said East line North 00*47' East, 2681.70 feet; thence North 88*45' West, 48.40 feet to the POINT OF BEGINNING, said point being on the West right-of-way line of U.S. Highway No. 287 and also on the west line of Fairway Estates Business Annexation; thence along said west line North 00°48'35" East, 433.99 feet, thence departing from said west line North 88° 45' West, 913.46 feet to the East right-of-way line of the Burlington Northern Railroad, said right-of-way line being 100.00 feet from the cen- terline of the said railroad; thence South 00*53' West, 433.98 feet along the said East right-of-way line to a point on the north line of Mill second Annexation, thence along said north line South 88*45' East, 694.02 feet to the northwest corner of Mill First Annexation; thence along the north line of said Mill First Annexation 220.00 feet to the Point of Beginning. The above described tract contains 9.1034 acres more or less and is subject to all easements, restrictions and rights -of -way now on record or existing. The above described tract of land was compiled from existing plats and legal descriptions. No field survey was performed. -5- •