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HomeMy WebLinkAboutUNION PACIFIC SOUTH SECOND ANNEXATION & ZONING - 19-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 18 PLANNING AND ZONING BOARD MEETING OF March 28,, 1988 STAFF REPORT PROJECT: Union Pacific South Second Annexation and Zoning - #19-88, A APPLICANT: Union Pacific Railroad OWNER: Same 1416 Dodge Street Omaha, NE PROJECT PLANNER: Ken Waido PROJECT DESCRIPTION: Request to annex and zone approximately 14.8888 acres located west of Timberline Road and north of Drake Road. 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 14.8 acres located west of Timberline Road and north of Drake Road. 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 Union Pacific South Second Annex and Zoning #19-88, A P & Z Meeting — March 28, 1988 Page 2 COMMENTS 1. Backeround: The applicant and owner, the Union Pacific Railroad, has submitted a written petition requesting annexation of approximately 14.89 acres located west of Timberline Road and north of Drake Road. 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 East Prospect Street First Annexation to the north, the Parkwood East Annexation to the west, and the Greenwalt Tenth Annexa- tion to the south. 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 No Text ®�AmYZ� ���� 4�/(1 LEM I PETITIOt) 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 SECOND Annexation to the City of Fort Col- lins. Said area, consisting of approximately 14.888 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 31-12-104 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. 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 T - TRANSITION Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. N • • LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A TRACT OF LAND SITUATE IN THE EAST HALF OF SECTION 19 TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 AS BEARING S89 23' 00"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SECTION 19, AND RUN THENCE S89 23' 00"W 1056.49' ALONG THE SOUTH LINE OF SECTION 19 TO THE TRUE POINT OF BEGINNING AND A POINT ON THE EAST ROW LINE OF THE UNION PACIFIC RAILROAD; THENCE S89 23' 00"W 150.01'; THENCE NOD 03' 15"W 2652.34'; THENCE NOD 03' 1511W 924.44'; THENCE S85 19' 10"E 276.20.1 THENCE SOO 02' 15"E 897.61'; THENCE S89 C6' 21"W 125.01'; THENCE SOO 03' 15"E 2653.07' TO THE POINT OF BEGINNING. 3er's :signature , � ktdress City rc266 to Zip / _� - - , r- .R Lute �Cv is Signature Add res s City / / State/ Zip Date STATE OF ��� Ss. COUNTY OF ) 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 7, 1 day of I%%ufI 19kf, by: d1l e hd U I Witness my hand and official seal. My Commission expires: � �1 2 Notary PUblic Fxp. Yan,} 1J 15Sc i • • i ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State or Colorado to -wit: A TRACT OF LAND SITUATE IN THE EAST HALF OF SECTION 19 TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY, COLORADO, WHICH CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 19 AS BEARING S89 23' 00"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SECTION 19, AND RUN THENCE S89 23' 00"W 1056.49' ALONG THE SOUTH LINE OF SECTION 19 TO THE TRUE POINT OF BEGINNING AND A POINT ON THE EAST ROW LINE OF THE UNION PACIFIC RAILROAD; THENCE S89 23' OD"W 150.01'; THENCE NOD 03' 15'W 2652.34'; THENCE NOD 03' 15"W 924.44.'; THENCE S89 19'06' 2�'W 225.0�': THENCE S00 0THENCE SOO 3' 15"E 2653.07' TOENCE THE POINT OF BEGINNING. WOW 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. i J n J. llins ate: March 10, 1988 • ANNEXATION IMPACT REPORT NAME OF ANNEXATION: Union Pacific South Second Annexation. DATE OF REVIEW BY THE FORT COLLINS CITY COUNCIL: May 17, 1988 The purpose of this report is to satisfy the requirements of CRS 31-12-108.5 which indicates a municipality shall prepare an annexation impact report and file a copy of the report with the Board of County Com- missioners governing the area proposed to be annexed. Attached to this report are the following: (al) A map showing the present and proposed boundaries of the City of Fort Collins in the vicinity of the above referenced annexation. The pro- posed boundaries of the City of Fort Collins are depicted by the Urban Growth Area boundary as agreed to by the Larimer County Board of Com- missioners and the Council of the City of Fort Collins and contained in the INTERGOVERNMENTAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. (See Exhibit A). (aII) A map showing present streets, major water trunk lines, sewer inter- ceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the above referenced annexation. (See, Fort Collins Urban Growth Area Master Street Plan for present and proposed extension of streets; Water Master Plan 1986 for present and proposed extension of water utility lines; Sewer Master Plan 1986 for present and proposed extension of sewer utility lines; and Exhibit B for other utility lines and ditches). (alIi) The area of the proposed annexation is presently used as railroad right-of-way, a use which will not change in the foreseeable future. (b) There is no pre -annexation agreement between the petitioner and the City of Fort Collins associated with the above referenced annexation. (c) The City of Fort Collins plans to extend municipal services into the area of the above referenced annexation. The City operates under a "development must pay its own way philosophy whereby, the cost of needed extensions of infrastructure (utilities and streets) are borne by the developer requiring those extensions. The City participates in any required "oversizing" of infrastructure and finances such requirements from the City's Oversizing Fee structure. The developer has several optional methods to finance infrastructure extensions including the use of • • Special Improvement Districts (SIDs). The City also collects fees for the extension and upgrading of storm drainage systems and the purchase and construction of parks and recreational facilities. Other municipal services, such as police protection, are financed from the City's General Fund. (d) The following districts presently provide service within the above referenced annexation: SCHOOL DISTRICT Poudre R-1 School District FIRE DISTRICT Poudre Valley Fire District HOSPITAL DISTRICT Poudre Valley Hospital District PEST CONTROL DISTRICT Larimer County Pest Control WATER DISTRICT East Larimer Water District N. CO Water Conservancy District ELECTRIC POWER Public Service Company (f) The property will remain used as railroad right-of-way so there will be no impact on the school system.