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HomeMy WebLinkAboutUNION PACIFIC SOUTH FIRST ANNEXATION & ZONING - 18-88, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 17 PLANNING AND ZONING BOARD MEETING OF March 28,, 1988 STAFF REPORT PROJECT: Union Pacific South First Annexation and Zoning - #18-88, A APPLICANT: Union Pacific Railroad OWNER: Same 1416 Dodge Street Omaha, NE PROJECT PLANNER: Ken Waido PROJECT DESCRIPTION: Request to annex and zone approximately 15.6957 acres located east of Riverside Drive and north of Prospect 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 15.6957 acres located east of Riverside Drive and north of Prospect 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 COMMENTS 1. Backeround: The applicant and owner, the Union Pacific Railroad, has submitted a writ- ten petition requesting annexation of approximately 15.6957 acres located east of Riverside Drive and north of Prospect 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 Original City of Fort Collins, the River- side Avenue Annexation, the First Lemay Annexation, and the East Pro- spect Street First Annexation to the west, and the Upland Annexation to the east. The requested zoning for this annexation is the T-Transitional Zoning Dis- trict. 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 pres- ently 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 prop- erty 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 The annexation of this area is consistent with the policies and agree- ments 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 volun- tary 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 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 hearings and second readings of the ordinances annexing and zoning the property will be considered by the City Council on May 17, 1988. 4. The requested T-Transitional Zoning District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION Staff recommends approval of the annexation and requested zoning. 6- ILI, ��rlrr? UP 0 PETITIC,i FOP. ANNEXATION The undersigned hereby petition the Council of the City of Fort Ccl- lins, Colorado, for the annexation of an area, to be referred to as the UNION PACIFIC SOUTH FIRST Annexation to the City of Fort Col- lins. Said area, consisting of approximately 15.6957 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.-12-1.05, 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. WfiEREFORE, 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 DESCRI Pr ION OF PEAL PRCPF_ RTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: NORTH, RACT NGEAND 69 WEST.TgNONSECTIONN1812AND 13 TOWNNSHIP07 NORTHHIRANGE 68 WEST OF THE TH 6TH P.M ., LARIMER COUNTY. COLORADO, WHICH SECTIONCONSIDERING THE SOUTH LI^fE OF THE SOUTHEAST QUARTER OF SAID CONTAIINEDBHEREAS BNARELATIVVE THERETOWISAND WITH CONTAINEDLWITHINITHE BOUNDARI +_INES WHICH BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION IB AND RUNS THENCE S88 47' 08 SOUTH LINE OF SECTION IS TO THE TRUE POINT THENCE CONTINUING ALONG THE OF BEGINNING, SOUTH LINE OF SECTION 47' 08"t8 S88 W 130.00', THENCE NOD 15' 13"W 680.46', THENCE ALONG THE ARC OF A 1587.28E RADIUS CURVE TO THE LEFT A DISTANCE OF 1703.26', THE LONG CHORD OF WHICH BEARS N30 59' 46"W 1622.71', THENCE N61 44' 16"W 730.24' TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION N61 44' 16"W 2095.17', THENCE ALONG THE I8, THENCE ARC OF A 741.30E RADIUS CURVE TO THE LEFT A DISTANCE OF-214.75', THE LONG CHORD 1121.0CH 0' RRADIUS CURVE6T0 THE RIOGHTTHENCE ALONGOTHE St4.'!6'. THE LONG CHORD OF WHICH BEARS N57 39, OI•'W 313.80, THENCE N49 3NCE N49 4' 16"W 369.52'1 THENCE NOO . TOETHE NORTHEAST676THT09' 46"W 961•i RIVERSIDE AVENUE ANNEXAT CORNEROFETION TO THE CITY OF FORT COLLINS, COLORADO, THENCE N48 40' 34'W T 378.92', THENCE N47 52' 04"W 191.47E TO THE NORTHWEST CORNER OF HE RIVERSIDE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS W LINE OF THE SOUTHEAST QUARTER COLORADO, THENCE N49 34' 16"W 1726.36' TO A POINT QN fHE EST OF SECTION 12, THENCE NOD 1 22"E 59.25E ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF NORIHI BUR ERNRAII-ROADt THENCE TS48S52' 03"E 701.26F,TIrEENCEL?NGTON ALONG S49 32, 04"E 2918.80', THENCE N88 35, 55"E 16.51', *THENCE DISTANCEEOFR224O8.A7*, TFIE8LONGDCHORDOOFEWHTCHF+BEARSTSG+ 07' 48"E 2241.73'. THENCE S28 15' 44"W 20.48', IHENCE S61 44' I6"E 1375.17', THENCE ALONG THE ARC OF A '687.28' RADIUS CURVE TO THE RIGHT A DISTANCE OF 1140.27'. THE LONG CHORD OF WHICH BEARS S42 22' 39"E 1118.69', THENCE N66 59' 58"l 30.00', THENCE ALONG THE ARC OF A 1717.28' RADIUS GUU'/F TO THE RIGHT A DISTANCE OF 676.29'. TF+E LONG CHORD OF WHICH BEARD S'1_44. 07"E 671.92', THENCE SOO 15' 16"F 678.78E TO -�� THE QIN� ,OF BEGINNING. pIr,.s 7 z-C� City <State Zip Date STATE OF GG6GP4tQQ 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 2� day of lei by:[Fltllk`S Witness my hand and official seal. My Commission expires: /-Z Notary Public ATTACHME! TT "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 SECTIONS 12 AND 13 OF TOWNSHIP 7 NORTH, RANGE 69 WEST, AND SECTION 18, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH P.M., LARIMER COUNTY. COLORADO, WHICH CONSIDERING THE SOUTH LIN1F OF THE SOUTHEAST QUARTER OF SAID SECTION IS AS BEARING SBB 47' 08"W, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 18 AND RUNS THENCE.S88 47' 08"W 1045.21' ALONG THE SOUTH LINE OF SECTION 18 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE SOUTH LINE OF SECTION 1B S88 47' 08"W 130.00'j THENCE NOD 15' 13"W 680.46'j THENCE ALONG THE ARC OF A 1587.28' RADIUS CURVE TO THE LEFT A DISTANCE OF 1703.26'. THE LONG CHORD OF WHICH BEARS N30 59' 46"W 1622.71'j THENCE N61 44' 16"W 730.24' TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER.OF SECTION 18j THENCE N61 44' 16"W 2095.17'; THENCE ALONG THE ARC OF A 741.30' RADIUS CURVE TO THE LEFT A DISTANCE OF-214.75', THE LONG CHORD OF WHICH BEARS N57 23' 46"W 214.00'j THENCE ALONG THE ARC OF A 1121 00' RADIUS CURVE TO THE RIGHT A DISTANCE OF i 314.1 6' THE LONG CHORD OF WHICH BEARS N57 39' 01"W 313.80, THENCE N49 36' 16"W 369.52'; THENCE NOD 09' 46"W 9.61'j THENCE N49 34' 16"W 1217.56'j THENCE'SOO 12' 16"E 27.86' TO THE NORTHEAST CORNER OF THE RIVERSIDE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS, COLORADO; THENCE N48 40' 34"W 37B.92'j THENCE N47 52' 04"W 191.47' TO THE NORTHWEST CORNER OF THE RIVERSIDE AVENUE ANNEXATION TO THE CITY OF FORT COLLINS COLORADO: THENCE N49 34' 16"W 1726.36' TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 12; THENCE NOO 12' 22"E 59.25' ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 12 TO A POINT ON THE SOUTH ROW LINE OF THE BURLINGTON NORTHERN RAILROAD: THENCE S48 52' 03"E 701.26': THENCE S49 32' 04"E 2918.80': THENCE Nee 35' 55"E 16.51', THENCE ALONG THE ARC OF A 8645.28' RADIUS CORVE TO THE LEFT A DISTANCE OF 2248.17', THE LONG CHORD OF WHICH BEARS S61 07' 48"E 2241.73': THENCE S28 15' 44"W 20.48': 1HENCE S61 44' 16"E 1375.17': THENCE ALONG THE ARC OF A 1687.28' � RADIUS CURVE TO THE RIGHT .A DISTANCE OF 1140.27'. THE LONG � CHORD OF WHICH BEARS S42 22' 39"E 1118.69': THENCE N66 59' 58"E 30.00': THENCE ALONG THE ARC OF A 1717.28' RADIUS C.UPVF TO THE RIGHT A DISTANCE OF 676.29' THE LONG CHORD OF WHICH BEARS S!I 44' 07"E 671.92': THENCE SOO 15' 16"F 678.78' 10 THE POINT OF BEGINNING. 1--7- -fa 1 0 • 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. hn J. ullins ate: March 10, 1988 ANNEXATION IMPACT REPORT NAME OF ANNEXATION: Union Pacific South First 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 Commissioners governing the area proposed to be annexed. Attached to this report are the following: (aI) A map showing the present and proposed boundaries of the City of Fort Collins in the vicinity of the above referenced annexation. The proposed boundaries of the City of Fort Collins are depicted by the Urban Growth Area boundary as agreed to by the Larimer County Board of Commissioners and the Council of the City of Fort Collins and contained in the INTERGOVERNMEN- TAL AGREEMENT FOR THE FORT COLLINS URBAN GROWTH AREA. (See Exhibit A). (aII) A map showing present streets, major water trunk lines, sewer interceptors 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). (aIII) The area of the proposed annexation is presently used a railroad right-of-way, a use which is not expected to 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 infras- tructure (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 Page2 • • purchase and construction of parks and recreational facilities. Other municipal services, such as police protection, are financed from the City's Gcncral Fund. (d) The following districts presently provide service within the above refer- enced 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 ELECTRIC POWER Public Service Company (f) The property will continue to be used as railroad right-of-way so there will be no impact on the school system.