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HomeMy WebLinkAboutTIMAN FIRST ANNEXATION & ZONING - 26-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 13 PLANNING AND ZONING BOARD MEETING OF May 23, 1988 STAFF REPORT PROJECT: Timan First Annexation and Zoning - #26-88A APPLICANT: RBD, Inc. OWNER: Jeffrey B. Timan 2900 South College Ave. Front Range Partnership Fort Collins, CO 80525 2200 East River Road Tucson, Arizona 85718 PROJECT PLANNER: Linda Ripley PROJECT DESCRIPTION: Request to annex and zone approximately 56.51 acres located west of College Avenue between Skyway Drive and Trilby Road. The requested zoning is the B-P Planned Business District. RECOMMENDATION: Staff recommends approval of the annexation and B-P Planned Business District zoning with a planned unit development condition. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 56.51 acres located west of College Avenue between Skyway Drive and Trilby Road. The requested zoning is the B-P Planned Business District. Staff recom- mends that a planned unit development condition be attached to the zoning. The property is presently undeveloped. 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 Timan First Annexation and May 23, 1988 P&Z Meeting Page 2 COMMENTS: 1. Background: The applicant, RBD, Inc., has submitted a written 56.51 acres located west Trilby Road. ning - #26-88,A on behalf of the owner, Front Range Partnership, petition requesting annexation of approximately of College Avenue between Skyway Drive and The property is located within the Fort Collins Urban Growth Area. Accord- ing to policies and agreements between the City of Fort Collins and Lar- imer County contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA, the City will annex prop- erty 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 Trilby Heights Third Annexation to the south. 2. Zoning: The B-P Planned Business District designation is for areas planned as a unit to provide business services while still protecting surrounding residential areas. The proposed Master Plan for the property indicates a mixed commer- cial development containing retail and service uses along College Avenue, with office development proposed as a transitional land use between the commercial elements of the plan and the existing residential neighborhood to the west. According to the City's LAND USE POLICIES PLAN, regional/community shopping centers should locate in areas which are easily accessible to existing or planned residential areas; near transportation facilities that offer the required access without exceeding the capacity of the existing and future transportation network of the City; where they can be served by public transportation; and in areas served by existing water and sewer facilities. The policies also state that transitional land uses or greenbelts should be provided between residential neighborhoods and com- mercial areas to enhance the concept of mixed land uses. This site addresses these locational policies. 3. Neighborhood Concerns: A neighborhood meeting was held ing the annexation and zoning comments on the proposed master county residents who voiced their objections were to City expansion property becoming an enclave in does not create an enclave. 4. Findings: March 24, 1988 to hear concerns regard - of this property as well as to receive plan. The meeting was well attended by concerns about annexation. The primary in general and the possibility of their the future. The Timan First Annexation a) The annexation of this area is consistent with the policies and agree- Timan First Annexation and Zoning - #26-88,A May 23, 1988 P&Z Meeting Page 3 ments between Larimer County and the City of Fort Collins contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. b) The area meets all criteria included in State law to qualify for annexa- tion to the City of Fort Collins. c) The requested B-P Planned Business District is in conformance with the policies of the City's Comprehensive Plan. d) A planned unit development condition is appropriate for this zoning to ensure design compatibility with surrounding land uses. RECOMMENDATION Staff recommends approval of the annexation and B-P Planned Business District zoning with a planned unit development condition. m � gNUS 5T Q4 encr© �i M■M ITEM TIMAN PROPERTIES Annexation &Zoning NUMBER 26-88, A � fl - Iwoi" 1 1 3 N 0 0 PETITION MR ANNEXATIOV The undersigned hereby petition the Council of the City of Fort Col- lins, Colorado, for the annexation of an area, to be referred to as the Timan First - Annexation to the City of Fort Col- lins. Said area, consisting of approximately _56.51 acres is more par - titularly 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 31-1.2-104 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 nrrre 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. WEREFORE, said petitioners request that the Council of the City of. Fort Collins approve the annexation of said area. Furthermore, the peti- tioners 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. LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situated in the East 1/2 of the Southeast 1/4 of Section 11, Township 6 North, Range 69 West of the 6th P.M., Larimer County, Colorado, which considering the East line of the said Southeast 1/4 as bearing South 00*04' E and with all bearings contained herein relative thereto is contained within the boundary lines which begin at a point on the South line of the said Southeast 1/4 which bears South 89°03'47" W, 420.00 feet from the Southeast corner of said Section 11 and run thence South 89°03'47" W, 539.40 feet along the said South line; thence North .61°30'15" W, 2644.47 feet to a point on the South line of Skyway Drive; thence South 88°47'46" E, 982.97 feet along the said South line to a point on the West right-of-way line of U.S. Highway No. 287; thence South 00°05'20" W, 2107.05 feet along the said West right-of-way line; thence South 89°03'47" W, 371.38 feet parallel to the South line of the said Southeast 1/4; thence South 00*04' E, 501.00 feet parallel to the East line of the said Southeast 1/4 to the point of beginning, containing 52.7614 acres more or less and being subject to a right-of-way for Trilby Road over the South 30.00 feet thereof and to a right-of-way for an existing irrigation lateral. FRONT RANGE PARTNERSHIP An Arizona Partnership 5, re Jeffrey B. 22UO E. River Road Address Tucson, Arizona 85718 City State Zip March 24, 1988 Date Owner's Signature Address City State Zip Date a • • STATE OF COL,ORADO) ) 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. A Subscribed and sworn to before me this day of In_, by: Witness my hand and official seal. ity Carmission expires: 2-12- 7U fly rubric 2900 S College Avenue Fort Collins Colorado 80525 r t • • ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land located in Section 11 and Section 14, Township 6 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado being more particularly described as follows: Considering the South line of the Southeast Quarter of said Sec- tion 11 as bearing, South 89*03147" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 11; thence along said South line South 89*03147" West, 420.00 feet to the POINT OF BEGINNING; thence, South 0°04'00" East, 30.00 feet; thence, South 89°03'47" West, 860.95 feet to a point on the East line of the Trilby Heights Third Annexation; thence along said East line, North 0056'13" West 30 feet to a point on the South line of the Southeast Quarter of said Section 11; thence along said South line, South 89°03'47" West, 1281.40 feet to the South Quarter corner of said Section 11; thence along the South line of the Southwest Quarter of said Section 11; South 89°05'18" West, 2094.81 feet; thence, South 0°54'42" East, 30.00 feet; thence, South 89°05'18" West, 295.16 feet;. thence, North 0°54'42" West, 30.00 feet to the South line of the said Southwest Quarter; thence along said South line, South 89°05'18" West, 300.00 feet to the Southwest corner of said Section 11; thence, North 0° 54'42" West, 30.00 feet; thence, North 89005'18" East, 2689.96 feet; thence, North 89°03'47" East, 1603.11 feet; thence, North 1° 30'15" West, 2614.47 feet; thence, South 88°47'46" East, 982.97 feet; thence, South 0°05'20" West, 2107.05 feet; thence, South 890 03'47" West, 371.38 feet; thence, South 0°04'00" East, 500.97 feet to the Point of Beginning. The above described tract contains 56.51 acres more or less and is subject to all easement, restrictions and rights -of -ways now on record or existing. The above described tract of land description was compiled from City of Fort Collins information and no field survey was performed. ATTORNEY CERTIFICATION I VOL rhsSy 'ID KLY a -- _, an attorney licensed to practice in the State of Colorado, hereby certify that I have examined the Title to the Property proposed for annexation herein, a description of which is attached hereto as "Exhibit A", and have verified that the signers of the attached Annexation Petition are owners of real property in the area p mposed 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, alleys and lands owned by the City of Fort Collins. C & Signature 0 (3 Date