HomeMy WebLinkAboutUNION PACIFIC SOUTH FOURTH ANNEXATION & ZONING - 20-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO.19
PLANNING AND ZONING BOARD MEETING OF March 28,, 1988
STAFF DEPORT
PROJECT: Union Pacific South Fourth Annexation and Zoning - #20-88, A
APPLICANT: Union Pacific Railroad OWNER: Same
1416 Dodge Street
Omaha, NE
PROJECT PLANNER: Ken Waido
PROJECT DESCRIPTION: Request to annex and zone approximately 76.0532
acres located south of Harmony Road and east of Lemay Avenue. The
requested zoning is the T-Transition Zoning District.
RECOMMENDATION: Staff recommends approval of the annexation and zon-
ing request.
EXECUTIVE SUMMARY: This is a request to annex and zone approximately
76.0532 acres located south of Harmony Road and east of Lemay Avenue. The
requested zoning is the T-Transition Zoning District. The property is presently
developed as railroad right-of-way.
OFFICE OF DEVELOPMENT 300 LaPorte Ave. • P.O. Box 580 • Fort Collins, Colorado 80522 • (303) 221-6750
SERVICES, PLANNING DEPARTMENT
COMMENTS
1. Background:
The applicant and owner, the Union Pacific Railroad, has submitted a written
petition requesting annexation of approximately 76.0532 acres located south of
Harmony Road and east of Lemay Avenue. The requested zoning is the
T-Transition Zoning District. The property is presently developed as railroad
right-of-way. This is a voluntary annexation. The Union Pacific Railroad is in
the process of annexing several pieces of property, most consisting of railroad
rights -of -way. At the present time, petitions for the Union Pacific South First,
the Union Pacific South Second, the Union Pacific South Third No. 1 and No.
2, and the Union Pacific South Fourth Annexations are being processed. Due
to the timing of the need to expand the existing warehouse on the Union
Pacific South Third No. 1 and No. 2 property, those annexations are actually
the first annexations to be processed through to the City Council.
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 Keenland Annexation, the Fox Ridge Annexation,
the Kroepel Annexation, and the Blehm Annexation, all located to the west.
The requested zoning for this annexation is the T-Transitional Zoning District.
The T district designation is for properties which are in transition between
rural and ultimate urban uses without a specific knowledge or plan as to what
those ultimate urban uses are going to be. Thus, the T zone acts as a holding
zone. No development is allowed in the T zone, the only uses allowed in the
T zone are the uses which existed on the property at the time the T zone was
applied to the property. The property is presently developed as a railroad
right-of-way, a use that probably won't change in the foreseeable future. The
applicant feels comfortable with the T zone for this property. According to
City Code, a rezoning of a property in the T zone to another of the City's
zoning districts must be made within 60 days of the request being heard by
the Planning and Zoning Board.
2. 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 by the City of Fort Collins.
3. On April 5, 1988, the City Council will consider a resolution which accepts
the annexation petition and determines that the petition is in compliance
with State law. The resolution also initiates the annexation process for this
No Text
ITEM UNION PACIFIC SOUTH FOURTH
ANNEXATION AND ZONING
NUMBER 20-88
•
PETITION FOR ANNEXATION
•
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
UNION PACIFIC SOUTH FOURTH Annexation to the Citv of Fort Col-
lins. Said area, consisting of approximately 76.0532 acres is more par-
ticularly 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 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.
WHEREFORE, 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 T - TRANSITION
Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of
Fort Collins.
LEGAL DESCRIP?'ION OF PEAL PRCPF_RTy
INCLUDED IN THE ANNEXATION
A tract of land Girllaf.e in the Countv of Larimer, State of Colorado to -wit:
A TRACT OF LAND SITUATE -
NORTH gpNGE 68 WEST Or N SECTIONS 5. /. AND I8, 7OVNSHIP 6
CCLORa00, W14 THE 6TH ARIMER COUNTv,
QUARTER 1CH CONSIDERING THE lOg'H LINE QF NORTH=. ST
OF SAID SECT.CN 5 AS BEARING S99 �2' 27 AND ITH
ALL BEARINGS CONTA,NED HEREIN RELATIVE THERETO 'S CONT4INED
WITHIN TnE BOUNDARY LINES .HIGH 9EGIN AT THE NORTHEAST CCRNER
OF SAID SECTION 6 4N0 RUN 'HENCE S85 36. 4g"W 1114,64• TO NER
LINE OF1NT OF UNION PACI�ICN4q BEING A POINT ON THE FASTERLY R.O.W.
3894.83• RADIUS CURVE ILROAD. THENCE ALONG THE ARC OF q
THE LONG CHORD OF WHICHOBEAR RIGHT a D7S'aNCE OF 316.80•,
THENCE S14 BEARS HE 59' 06'W 316.71•
THENCE S14 0' 38^W 917 32' 'HENCE 589 S9. 13"E 25.82•,
THE SOUTHEAST QUARTER TO TO A -DINT ON THE SOUTH LINE OF
119.85', THENCE ALONG THEARCSECTION
AI 3719.85'+EAADIUS 30' 38^W
THE LEFT A DISTANCE OF q91 75', T RADIUS CURVE TO
S06 40' 39"W ge8.81• HE LONG CHORD OF WHICH BEARS
POINT ON THE SOUTH LINE OFCE SOO 45' S4"£ 15C3.»1•
SECTION 7, THENCE N89 48' HE NORTHEAST OUARTER OF SAID
THENCE SOO 29, 23"E 2654.33?"TOSA POiNTLONO A
G SAID SOUTH LINE,
THE SOUTHEAST QUARTER OF SAID SECTION /.OT4ENC N THE SOUTH LINE CE
50.00' ALONG SAID SCUTH LINE. THENCE SOO 29E 23"E 186q, 99's
THENCE ALONG A SPIRAL 1N WITH A LENGTH OF 186.45' AND 4 DELTA
OF 2 27. 00", THE LONG CHORD OF WHICH SEARS S61 12. 29-E
186.44' THENCE ALONG THE ARC OF A 2092.01• RADIUS CURVE 70
THE LEFT A DISTANCE OF SB4.41' THE SONG CNORO OF WHICH BEARS
SOUTHEAST 70UARTERSCF O A -DINT ON THE NORTH LINE OF ,:=
' ALONG TERSAINORTH SECTION 1B, THENCE Se9 •3• -3=W
LINE. THENCE ALONG THE AaC CF A
2192.01' .RADIUS CURVE 70 THE LEFT A DISTANCE OF 620.16', TH£
LONG CHORD OF WHICH BEARS 926 21. 31"E GIS.ID•, THENCE ALO::G
A SPIRAL OUT WITH A LENGTH OF 190.04' AND A DELTA OF 2 27•
00", THE LONG CHORD OF W41CH BEARS S36 09. 51"E 190.03•,
THENCE S37 06. 32"E 2347.60• TO THE SOUTH LINE -
EAST QUARTER OF SAID SECTION IS, THENCE S88 28. OF5-W 245.94rHE SOUTH
4 ALONG SAID SOUTH -INE. THENCE N37 06' 32^4 2253.BD', THENCE
ALONG A SPIRAL IN WITH A LENGTH OF 199.95' AND 4 DELTA OF
2 27. 00", THE LONG CHORD OF WHICH BEARS N36 09. 01^W 199.94•
THENCE ALONG THE ARC OF A 2392.01• RADIUS CURVE TO TH£ RIGHT
A DISTANCE OF 568.79•. THE LONG CHORD OF WHICH BEARS N27 *9'
OF THE SOUTHEASTNCE QUARTER OF SAIOWSECTION•18LTOQ T�:E
3T LINE
QUARTER CORNER OF SAID SECTION 1B, THENCE 589 39. 23"W��58.10,
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
18. THENCE ALONG THE ARC OF A 2492.01• RADIUS CURVE TO THE
RIGHT A DISTANCE OF 561.18', THE LONG CHORD OF WHICH BEARS NO9
35' 11"W 560.00', THENCE ALONG A SPIRAL OUT WITH A LENGTH OF
BEARSSNOI 1 6' OFLWA203.542,• THENCETHE
NOD 29O 23"WCHORD
'862.23' To
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAI'J SECTICN 7,
THENCE N88 55. 13"E 50.00• ALONG SAID NORTH LNE. ENCE NCO
?9' 23"W 2658.97' 70 THE SOUTH LINE OF THE NORT4WE5T OLAR TER
)F SAID SECTION 7. THENCE N89 48, 22"E 199.41' ALONG SAID
OUTH LINE TO THE CENTER QUARTER CORNER OF SAID SECTION 7,
(HENCE NCO 45' 54"W 2605.31' TO THE NORTH QUARTER >AID SECTION 7, THENCE N89 CORNER OF
35. 31"E 3.29' ALC:JG SAID •,_RTH
1NE, THENCE N14 30' 38'•E 1359.69, THENCE '.69 4,•
IC .44•, THENCE N14 40' 38-E 3657.73' -N 5V^- CE N11 !6' �;^E
S .09', THENCE 581 21. 06^E 78.90' TO THE POINT OF BEGINNING.
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City State Zip
Date
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COC,VTY OF F^?)
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.
Subscribed and sworn to before me this day of
1931, by: g1 F /�1ieha,(r -
Witness my hand and official seal.
My Commission expires:
2ertti. Notary bl is
,--
ty
ATTACHME,`7 "A"
LEGAL DESCRIPTION OF THE AI` NE?CATION
A tract of land situate in the County of Larimer, State' or Colorado to -wit:
A TRACT OF LAND SITUATE 1N SECTIONS 6, 7. AND 18, TOWNSHIP 6
NORTH, RANGE 68 WEST OF THE 6TH P.M.. *-ARIMER COUNTY,
COLORADO, WHICH CONSIDERING THE NORTH LINE OF THE NORTHEAST
QUARTER OF SAID SECTION 6 AS BEARING S59 42' 27"E, AND WITH
ALL BEARINGS CONTAINED HERCTNi RELATIVE THERETO IS CONTAINED
WITHIN THE BOUNDARY LINES '.WHICH BEGIN AT THE NORTHEAST CORNER
OF SAID SECTION 6 AND RUN THENCE S85 36' 49"W 1114.64' TO THE
TRUE ?i7i1:T OF BEGINNING, BEING A POINT ON THE EASTERLY R.O.W.
LINE OF UN_�-:,N PACIFIC RAILROAD; THENCE .ALONG THE ARC OF A
3894.83' RAIiLIS CURVE TO THE RIGHT A DISTANCE OF 316.80',
THE 'ONG CHORD OF WHICH BEARS SII 99' 06"W 316.71',
THENCE S14 30' 39"W 919.98'; THENCE S89 59, 13"E 25.82';
THENCE S14 30' 38W 4077.32' TO A POINT ON THE SOUTH LINE OF
THE SOUT CAST QUARTER OF SAID SECTION 6; THENCE S14 30' 3B"W
119.85'; THENCE ALONG THE ARC OF A 3719.e5' RADIUS CURVE TO
THE LEFT A DISTANCE OF 991 75', THE LONG CHORD OF WHICH BEARS
S06 40' 39"W 988.81'; THENCE SOO 45' 54"E 1508.41' TO A
P01NT ON THE SOUTH LINE OF THE NORTHEAST. QUARTER OF SAID
SECTION 7; THENCE NB9 48' 22"E 50.00' ALONG .SAID SOUTH LINE;
THENCE SOO 29' 23"E 2654.33' TO A POINT ON THE SOUTH LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION •7; THENCE Nee 55' 13"E
50.00' ALONG SAID SOUTH LINE; THENCE SOO 29' 23"E 1864.99';
THENCE ALONG A SPIRAL 1N WITH A LENGTH OF 196.45' AND A DELTA
OF 2 27' 00", THE LONG CHORD OF WH1CH SEARS SO 12' 29"E
186.44'; THENCE ALONG THE ARC OF A 2092.01' RADIUS CURVE TO
THE LEFT A DISTANCE OF 584.41' THE LONG CHORD OF WHICH BEARS
SII 08' 17"E 582.52' TO A P01NT ON THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 18; THENCE S89 39' 23"W
105.36' ALONG SAID NORTH LINE; THENCE ALONG THE ARC OF A
2192.01' RADIUS CURVE To THE LEFT A DISTANCE OF 620.16' THE
LONG CHORD OF WHICH BEARS S26 21' 31"E 61e.10'; THENCE ALONG
A SPIRAL OUT WITH A LENGTH OF 190.04' AND A DELTA OF 2 27'
THHENCEHS370NG C6'C32RED OF WHIC2397.60'. TOARS TTHESSOUTH LINEEOFTHE
9O3SOUTH-
EAST QUARTER OF SAID SECTION 18;'THENCE S88 28' 45"W 245.94'
ALONG SAID SOUTH SINE; THENCE N37 06' 32"W 2253.80'; THENCE
ALONG A SPIRAL IN WITH A LENGTH OF 199.95' AND A DELTA OF
2 27' 00", THE LONG CHORD OF WHICH BEARS N36 09' 01"W 199.94,
THENCE ALONG THE ARC OF A 2392.01' RADIUS CURVE TO THE RIGHT
A DISTANCE OF 568.79', THE LONG CHORD OF WHICH BEARS N27 39'
06"W 567.44'; THENCE NOO 29' 23"W 163.45' ALONG THE WEST LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 18 TO THE CENTER
QUARTER CORNER OF SAID SECTION 18; THENCE S89 39' 23"W 15B.10'
ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
18; THENCE ALONG THE ARC OF A 2492.01' RADIUS CURVE TO THE
RIGHT A DISTANCE OF 561 18' THE LONG CHORD OF WHICH BEARS N09
35' 11"W 560.00'; THENCE ALONG A SPIRAL OUT WITH A LENGTH OF
S OF HICH
BEARSNOI16' Ol"WA203.54'1 THHENCETNOOL29'ONG 23"WCORD1862W23' TO
THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7;
THENCE N88 55' 13"E 50.00' ALONG SAID NORTH LINE; THENCE NOD
29' 23"W 2658.97' TO THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 7; THENCE N89 46' 22"E 199.41' ALONG SAID
SOUTH LINE TO THE CENTER QUARTER CORNER OF SAID SECTION 7;
THENCE N00 45''54"W 2605.31' TO THE NORTH QUARTER CORNER OF
SAID SECTION 7, THENCE N89 35' 31"E 3.29' ALONG SAID NORTH
LINE; THENCE N14 30' 38"E 1359.68'; THENCE N89 41' 50"E
103.44'; THENCE N 1 4 S0' 38"E 3657.73' J THENCE NII 16' 31"E
309.091; THENCE se 2 1 ' 06"E 78.90' TO THE POINT OF BEGINNING.
ATTORNEY STATEMENT
I, John J. Mullins, an attorney licensed to practice in the
State of Colorado, state as follows with respect to the property
proposed for annexation, which property is described in Exhibit
A:
Union Pacific Railroad Company ("UP") personnel in Omaha,
Nebraska have examined UP files, plats, and title documents, and
have informed me that those files, plats, and title documents
indicate that the UP is the owner of all the real property
proposed for annexation. Based upon that information, and not
upon any title examination by me, I state that the files, plats,
and title documents of the UP indicate that all the property
proposed for annexation is owned entirely by the Union Pacific
Railroad Company, except for streets, alleys and lands owned by
the City of Fort Collins.
I certify that R.F. Niehaus is the Director of Contracts and
Real Estate for the Union Pacific Railroad Company and has signed
the attached Annexation Petition and Legal Description for the
Union Pacific Railroad Company and that he was fully authorized
to do so.
a _
Jo,i J . 11 ins
Dale: March 10, 1988