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HomeMy WebLinkAboutUNION PACIFIC SOUTH SECOND ANNEXATION & ZONING - 19-88, A - REPORTS - FIRST READINGFORT COLLINS CITY COUNCIL SUBJECT: ITS NUMBER: DATE: April 5, 1988 STAFF: Ken Wa i do Items Relating to Union Pacific South Second Annexation and Zoning. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. The Planning and Zoning Board voted 7-0 to recommend approval of the requested annexation and zoning. EXECUTIVE SUMMARY: A. Resolution 88- Finding Substantial Compliance and Initiating Annexation Proceedings. B. First Reading of Ordinance No. , 1988, Annexing Approximately 14.888 Acres, Known as the Union Pacific South Second Annexation. C. First Reading of Ordinance No. , 1988, Zoning Approximately 14.888 Acres, Known as the Union Pacific South Second Annexation, Into the T Transition District. APPLICANT: Union Pacific Railroad OWNER: Same 1416 Dodge Street Omaha, NE 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 District. The property is presently developed as railroad right-of-way. BACKGROUND: 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 WA property, those annexations were 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 Annexation to the south. The requested zoning for this annexation is the T Transition 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. 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 to the City of Fort Collins. The attached resolution accepts the annexation petition and determines that the petition is in compliance with State law. The resolution also initiates 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 May 17, 1988. The requested T Transition District is in conformance with the policies of the City's Comprehensive Plan. PLANNING AND ZONING BOARD RECOMMENDATION The Planning and Zoning Board, at its regular monthly meeting on March 28, 1988, voted 7-0 to recommend approval of the requested annexation and zoning. • 0 RESOLUTION 88- OF THE COUNCIL OF THE CITY OF FORT COLLINS FINDING SUBSTANTIAL COMPLIANCE AND INITIATING ANNEXATION PROCEEDINGS FOR THE UNION PACIFIC SOUTH SECOND ANNEXATION WHEREAS, a written petition, together with four (4) prints of an annexation map, was heretofore filed with the City Clerk requesting the annexation of certain property to be known as the Union Pacific South Second Annexation; and WHEREAS, the City Council desires to initiate annexation proceedings in accordance with law. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby accepts the annexation petition for the Union Pacific South Second Annexation, more particularly described as 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 S 89°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 S 89°23'00" W 1056.49 feet 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 S 89°23'00" W 150.01 feet; thence N 00°03'15" W 2652.34 feet; thence N 00°03'15" W 924.44 feet; thence S 85°19'10" E 276.20 feet; thence S 00°02'15" E 897.61 feet; thence S 89°06'21" W 125.01 feet; thence N 00°03'15" E 2653.07 feet to the Point of Beginning. Section 2. That the Notice attached hereto be adopted as a part of this Resolution. Said Notice establishes the date, time and place when a public hearing will be held regarding the passage of an annexation ordinance pertaining to the above described property. The City Clerk is directed to publish a copy of this Resolution and said Notice as provided in the Municipal Annexation Act. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 5th day of April, A.D. 1988. ATTEST: erk Mayor 1 • NOTICE TO ALL PERSONS INTERESTED: PLEASE TAKE NOTICE that the City Council of the City of Fort Collins has adopted a Resolution initiating annexation proceedings for the Union Pacific South Second Annexation, said Annexation being more particularly described in said Resolution, a copy of which precedes this Notice. That, on May 17, 1988, at the hour of 6:30 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers in the City Hall, 300 Laporte Avenue, Fort Collins, Colorado, the Fort Collins City Council will hold a public hearing upon the annexation petition for the purpose of finding and determining whether the property proposed to be annexed meets the applicable requirements of Colorado law and is considered eligible for annexation. At such hearing, any persons may appear and present such evidence as they may desire. Dated this 5th day of April, A.D. 1988. ity Clerk ORDINANCE NO. , 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING PROPERTY KNOWN AS THE UNION PACIFIC SOUTH SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO WHEREAS, Resolution 88- finding substantial compliance and initiating annexation proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and WHEREAS, the Council of the City of Fort Collins has found and determined and does hereby find and determine that it is in the best interests of the City of Fort Collins to annex said area to the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the following described property, 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 S 89°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 S 89023'00" W 1056.49 feet 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 S 89°23'00" W 150.01 feet; thence N OV 03'15" W 2652.34 feet; thence N 00003'15" W 924.44 feet; thence S 85°19'10" E 276.20 feet; thence S 00°02'15" E 897.61 feet; thence S 89°06'21" W 125.01 feet; thence N 00°03'15" E 2653.07 feet to the Point of Beginning. be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as the Union Pacific South Second Annexation. Section 2. That, in annexing said property to the City of Fort Collins, the City of Fort Collins does not 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 hereby annexed except as may be provided by the ordinances of the City of Fort Collins. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 1988, and to be presented for final passage on the 17th day of May, A.D. 1988. Mayor • I—] ATTEST: City Clerk Passed and adopted on final reading this 17th day of May, A.D. 1988. Mayor ATTEST: City Clerk • • ORDINANCE NO. , 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS, COMMONLY KNOWN AS THE ZONING ORDINANCE, AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED IN THE UNION PACIFIC SOUTH SECOND ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Zoning District Map adopted by Chapter 29 of the Code of the City of Fort Collins be, and the same hereby is, changed and amended by including the property known as the Union Pacific South Second Annexation to the City of Fort Collins, Colorado, in the "T" Transition District: 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 S 89°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 S 89°23'00" W 1056.49 feet 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 S 89°23'00" W 150.01 feet; thence N 00°03'15" W 2652.34 feet; thence N 00003'15" W 924.44 feet; thence S 85°19'10" E 276.20 feet; thence S 00002'15" E 897.61 feet; thence S 89°0621" W 125.01 feet; thence N 00003'15" E 2653.07 feet to the Point of Beginning. Section 2. That the City Engineer is hereby authorized and directed to amend said Zoning District Map in accordance with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 5th day of April, A.D. 1988, and to be presented for final passage on the 17th day of May, A.D. 1988. Mayor ATTEST: City Cle Passed and adopted on final reading this 17th day of May, A.D. 1988. Mayor ATTEST: City Clerk Room dr me pie ' oilI� j ��I�i j j �� • i MIN l.ciilili \lIWOM s . 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 SECOND Annexation to the City of Fort Col- lins. Said area, consisting of approximately _14.888 acres is more par - titularly described on Attachment "A", attached hereto. The petitioners allege: I. 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 ccmmunity 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 mr:re 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. m L 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' DO"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 NCO 03' 15"W 924.44,'; THENCE S85 19' 10"E 276.20'; THENCE SOO 02' 15"E 897.61'; THENCE S89 06' 21"W 125.01'; THENCE SOO 03' 15"E 2653.07' TO THE POINT OF BEGINNING. Ow ess is Signature; L�,IG lOAddress is Signature �-�. ss r City Kate Zip / City S to Zip Date Date s+ F . l 0 STATE OF C�69}_ 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 19 f, by: J� /C-- IKI e—hat u l - Witness my hand and official seal. My Commission expires: .2'� Notary blic 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' 00"W 150.01'; THENCE N00 03' 15"W 2652.34'; THENCE NOD 03' 15"W 924.44,'; THENCE S85 19' 10"E 276.20'1 THENCE S00 02' 15"E 897.61'; THENCE S89 06' 21"W 125.01'; THENCE SOO 03' 15"E 2653.07' 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. J n J. llins ate: March 101 1988