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HomeMy WebLinkAboutI-25 & MULBERRY ANNEXATION - ANX220004 - SUBMITTAL DOCUMENTS - ROUND 1 - PETITIONrevised 3/31/08 PETITION FOR ANNEXATION THE UNDERSIGNED (hereinafter referred to as the “Petitioners”) hereby petition the Council of the City of Fort Collins, Colorado for the annexation of an area, to be referred to as the _______________________________________________________ Annexation to the City of Fort Collins. Said area, consisting of approximately ____________________ (_____) acres, is more particularly 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 (1/6) 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 that 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. 8. That the City of Fort Collins shall not be required to assume any obligations 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 proposed to be annexed except as may be provided by the ordinance of the City of Fort Collins. Further, as an express condition of annexation, Petitioners consent to the inclusion into the Municipal Subdistrict, Northern Colorado Water Conservancy District (the “Subdistrict”) pursuant to §37- 45-136(3.6) C.R.S., Petitioners acknowledge that, upon inclusion into the Subdistrict, Petitioners’ property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the Subdistrict at the time of inclusion of Petitioners’ lands. Petitioners agree to waive any right to an election which may exist pursuant to Article X, §20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authority to impose. Petitioners also agree to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, §20 of the Colorado Constitution. WHEREFORE, said Petitioners request that the Council of the City of Fort Collins approve the annexation of the area described on Attachment “A.” Furthermore, the Petitioners request that said area be placed in the _____________Zone District pursuant to the Land Use Code of the City of Fort Collins. ATTACHMENT “A” LEGAL DESCRIPTION OF ANNEXATION: A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N70°26'24"E A DISTANCE OF 648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25, AND THE POINT OF BEGINNING; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING SIX (6) COURSES: 1. N58°42'20"W A DISTANCE OF 212.59 FEET; 2. N38°22'59"W A DISTANCE OF 442.05 FEET; 3. N14°16'20"W A DISTANCE OF 206.20 FEET; 4. N00°13'50"W A DISTANCE OF 37.90 FEET; 5. N00°31'20"W A DISTANCE OF 940.70 FEET; 6. N03°19'40"E A DISTANCE OF 245.20 FEET, TO THE SOUTHWESTERLY CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20050043464; THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY, S89°19'40"E A DISTANCE OF 1241.28 FEET, TO A POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2002051529; THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 1727.08 FEET, TO THE NORTHEASTERLY CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20120069518; THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY, THE FOLLOWING FOUR (4) COURSES: 1. N69°41'20"W A DISTANCE OF 224.55 FEET; 2. N81°42'20"W A DISTANCE OF 504.90 FEET; 3. N58°42'20"W A DISTANCE OF 20.61 FEET; 4. S00°19'40"W A DISTANCE OF 300.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2,043,904 SQUARE FEET OR 46.9216 ACRES. ATTACHMENT “A1” LEGAL DESCRIPTION OF CG – GENERAL COMMERCIAL ZONE DISTRICT (PARCEL 1): A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2009006924 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N70°26'24"E A DISTANCE OF 648.39 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25, AND THE POINT OF BEGINNING; THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING FIVE (5) COURSES: 1. N58°42'20"W A DISTANCE OF 212.59 FEET; 2. N38°22'59"W A DISTANCE OF 442.05 FEET; 3. N14°16'20"W A DISTANCE OF 206.20 FEET; 4. N00°13'50"W A DISTANCE OF 37.90 FEET; 5. N00°31'20"W A DISTANCE OF 911.00 FEET, TO A POINT OF NON-TANGENT CURVE; THENCE DEPARTING SAID EASTERLY LINE, THE FOLLOWING FIVE (5) COURSES: 1. ON THE ARC OF A CURVE TO THE LEFT WHOSE CENTER BEARS N75°27'58"E, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 35°01'45" AND AN ARC LENGTH OF 366.83 FEET, TO A POINT OF TANGENT; 2. S49°33'47"E A DISTANCE OF 165.08 FEET; 3. S00°29'39"E A DISTANCE OF 256.82 FEET, TO A POINT OF CURVE; 4. ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 88°52'35" AND AN ARC LENGTH OF 930.71 FEET, TO A POINT OF TANGENT; 5. S89°22'14"E A DISTANCE OF 333.27 FEET, TO A POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2002051529 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 198.69 FEET, TO THE NORTHEASTERLY CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20120069518; THENCE ON THE NORTHERLY AND WESTERLY LINES OF SAID PROPERTY, THE FOLLOWING FOUR (4) COURSES: 1. N69°41'20"W A DISTANCE OF 224.55 FEET; 2. N81°42'20"W A DISTANCE OF 504.90 FEET; 3. N58°42'20"W A DISTANCE OF 20.61 FEET; 4. S00°19'40"W A DISTANCE OF 300.00 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 527,717 SQUARE FEET OR 12.1147 ACRES ATTACHMENT “A2” LEGAL DESCRIPTION OF CS – SERVICE COMMERCIAL ZONE DISTRICT (PARCEL 2): A PORTION OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2009006924 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY OF LARIMER, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE SOUTHWEST CORNER BY A 3" BRASS CAP STAMPED " LS23503 2007" IN A RANGE BOX, AND AT THE WEST QUARTER CORNER BY A 2"ALUMINUM CAP STAMPED " LS 5028 1998" ASSUMED TO BEAR N00°09'34"W. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 10, THENCE N03°00'03"E A DISTANCE OF 1,825.21 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 25, AND THE POINT OF BEGINNING; THENCE ON THE SAID EASTERLY RIGHT-OF-WAY LINE, THE FOLLOWING TWO (2) COURSES: 1. N00°31'20"W A DISTANCE OF 29.70 FEET; 2. N03°19'40"E A DISTANCE OF 245.20 FEET, TO THE SOUTHWESTERLY CORNER OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 20050043464 IN THE RECORDS OF THE LARIMER COUNTY CLERK AND RECORDER; THENCE ON THE SOUTHERLY LINE OF SAID PROPERTY, S89°19'40"E A DISTANCE OF 1241.28 FEET, TO A POINT ON THE WESTERLY LINE OF THAT PROPERTY RECORDED UNDER RECEPTION NO. 2002051529; THENCE ON SAID WESTERLY LINE, S00°20'18"W A DISTANCE OF 1528.39 FEET; THENCE DEPARTING SAID WESTERLY LINE, THE FOLLOWING FIVE (5) COURSES: 1. N89°22'14"W A DISTANCE OF 333.27 FEET, TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 88°52'35" AND AN ARC LENGTH OF 930.71 FEET, TO A POINT OF TANGENT; 3. N00°29'39"W A DISTANCE OF 256.82 FEET; 4. N49°33'47"W A DISTANCE OF 165.08 FEET, TO A POINT OF CURVE; 5. THENCE ON THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 600.00 FEET, A CENTRAL ANGLE OF 35°01'45"AND AN ARC LENGTH OF 366.83 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,516,188 SQUARE FEET OR 34.8069 ACRES. ATTACHMENT “D” I-25 & MULBERRY ANNEXATION NARRATIVE 4(g) A statement as to why it is necessary and desirable for the City of Fort Collins to annex the area. The I-25 and Mulberry property is generally located at the northeast corner of I-25 and Mulberry Street. The property is currently vacant and is historically used for agricultural farming activities. The subject property is located within the City’s Growth Management Area (GMA) and therefore, is subject to the Intergovernmental Agreement (IGA) between the City of Fort Collins and Larimer County. The IGA requires that before urban development of the property can occur it must request to be annexed into the City of Fort Collins. The boundary of the GMA, together with the IGA, verifies that the City and County agree that the property should be annexed prior to its development. The applicant agrees that this is both appropriate and desirable. The Owner of the property is requesting annexation and zoning for commercial, retail, and industrial uses consistent with the intent of the City’s Structure Plan and the I-25 Subarea Plan. The Subject property is approximately 46.92 acres in size and is contiguous to the City of Fort Collins Municipal Boundary. The proposal is to annex the property to the City and Zone the western portion of the property, being approximately 12.11 acres, CG-General Commercial with the remaining 34.80 acres to be Zoned CS-Service Commercial. The Annexation and Zoning submittal will also include an Overall Development Plan (ODP). Primary access to the subject property will be provided through the site with the construction of the realigned I-25 NE Frontage Road, which in the future will be extended to the intersection of Mulberry Street located just south of the property. The realigned I-25 Frontage Road will extend through the site and connect to the existing I-25 NE Frontage Road located at the Northwest corner of the property additional there will be access provided to the east with a connection to Spruce Lane. The existing Northeast I-25 Frontage Road which is located immediately adjacent to the south and west boundaries of the subject property, is proposed to be abandoned and will be relocated interior to the property. The Mulberry Frontage Metropolitan District (“MFMD”) will complete the I-25 East Frontage Road realignment. CDOT and the MFMD believes it will be beneficial to relocate the Frontage Road based on the following: • The realignment of the NE I-25 Frontage Road is necessary to help advance planned improvements to property adjacent to the realigned Frontage Road. • The realignment of the NE I-25 Frontage Road is anticipated to improve operations at the intersection of Mulberry Street, I-25 Frontage Road, and Cloverleaf Way which currently requires additional signal phases due to the current configuration. • CDOT recognized the need in 2005 for the NE I-25 Frontage Road to be realigned as part of the I- 25 & Mulberry Street interchange reconstruction and purchased a Deed of Covenant, reserving a portion of property on the north side of Mulberry Street for future development of a new I-25 frontage road. As a result of the recent NE I-25 and Mulberry Street Interchange Improvements and the proposed abandonment and realignment of the NE I-25 Frontage Road coupled with other recent developments within close proximity of the subject property, the Owner recognizes that the development of the property, consistent with the City’s CG and CS Zone Districts would be the best possible use of the subject property. Additionally they Owner believes that the development of the property will provide a significant economic benefit to the City of Fort Collins and greatly improving the overall safety and traffic operations at the Mulberry and I-25 Intersection. 4(h) A description of the zoning classification being requested and any condition requested for that zone district classification. The Applicant is requesting a zone district classification of CG - General Commercial: 12.11 Acres and CS – Service Commercial: 34.80 Acres, which is in general conformance with the City of Fort Collins Structure Plan. There are no conditions of zoning being requested at this time. 4(i) A statement of consistency of the requested zoning to the Structure Plan. The City’s Structure Plan describes the southernmost third of the I-25 & Mulberry property as being a Suburban Mixed-Use District and the remaining northern portion as an Industrial District. City Plan Structure Plan states: The Structure Plan Map and Place Types - or land use categories provide a framework for the ultimate buildout of Fort Collins and play a critical role in helping the community achieve its vision over the next 10 - 20 years. The City’s Structure Plan and associated Place Types: • Guides future growth and reinvestment and serves as official land use plan for the City; • Informs planning for infrastructure and services; • Fosters coordinated land use and transportation decisions within the city and region; and • Helps implement principles and policies. Suburban Mixed-Use District - Key Characteristics as stated by the City Plan Structure Plan City Plan Structure Plan states: Principal Land Use Retail, restaurants, office and other commercial services Supporting Land Use High-Density Residential, Entertainment, Childcare Centers and other Supporting Uses Density Densities and building heights will vary; building heights will generally be between one and five stories, however, may be higher in some locations. Key Characteristics/Considerations • Walkable mixed-use districts that provide a range of retail and commercial services, as well as high-density residential. • Uses should be supported by direct pedestrian and bicycle linkages to surrounding neighborhoods, as well as by BRT or High-frequency bus service. Typical Types of Transit Varies depending on density and surrounding context, but generally served by fixed-route service at frequencies of between 30 and 60 minutes; higher-frequency service may exist where densities are sufficient to support it. Zoning Consistency with Structure Plan Based on the City Plan Structure Plan the Applicant requesting Annexation and Zoning believes that the CG - General Commercial Zone District will best promote the Goals and Objectives of the Suburban Mixed- Use District. Industrial District - Key Characteristics as stated by the City Plan Structure Plan City Plan Structure Plan states: Principal Land Use Industrial land uses such as manufacturing, assembly plants, primary metal and related industries; vehicle-related commercial uses; warehouses, outdoor storage yards and distribution facilities; and flex space for small, local startups as well as large national or regional enterprises. Supporting Land Use Restaurants, convenience retail and other supporting services Density Varies Key Characteristics/Considerations • Areas dedicated for a variety of more-intensive work processes and other uses of similar character; • Typically located away from residential neighborhoods. • Transportation facilities in Industrial Districts should promote the efficient movement of commercial truck and/or access to rail. • Supported by direct pedestrian and bicycle linkages from surrounding areas, as well as transit in some locations. Typical Types of Transit Limited due to low population and low employment densities; however, fixed-route service at frequencies exist in some locations. Zoning Consistency with Structure Plan Based on the City Plan Structure Plan the Applicant requesting Annexation and Zoning believes that the CS - Service Commercial Zone Districts will best promote the Goals and Objectives of the Structure Plan than that of the Industrial Zone District given the subject’s property’s proximity to the existing Cloverleaf Residential Neighborhood to the east and the City’s adopted I-25 Subarea Plan. ATTACHMENT “E” I-25 & MULBERRY– ANNEXATION, ZONING AND ODP ADDENDUM TO ANNEXATION PETITION CONDITIONS OF ANNEXATION 1. This property is unique in that it will be accommodating the realignment of the adjacent frontage road from the current location next to I-25 directly through the subject property. With the realignment of the frontage road through the property we use an 80’ landscape buffer on the western boundary adjacent to the I-25 right of way, and consistent with the eastern boundary landscape buffer we show a 30’ landscape buffer along the southern and southwestern portion of the property which is adjacent to the Mulberry right of way. 2. Annexor proposes that the City grant a storm drainage easement and a construction easement to allow runoff from the Property to drain into the City-owned drainage ditch that runs east-west on the south side of Mulberry/Highway 14. Annexor also proposes that the City allow added storm pipes and infrastructure to be constructed under Mulberry roadway within the City ROW and within drainage easements to Boxelder Creek. Additionally, annexor proposes two drainage easements to Boxelder Creek: one discharge point north of Mulberry, and one at the south side of Mulberry via City’s storm drainage channel. (See attached Mulberry & I-25 project drainage study). 3. Annexor proposes two roundabouts to facilitate smooth traffic flow throughout the development. A Roundabout Analysis is given with this Annexation Petition showing the functionality of these roundabouts. As a condition of Annexation, Annexor proposes the City approve these roundabouts, provided the design, engineering and traffic analysis otherwise complies with City standards. 4. Because the site requires fill dirt or soils to be imported to the site in order to facilitate storm drainage flows and storm detention, and because development of the site will be phased over time, Annexor requests that the City agree to grant a Stockpiling permit pursuant to LUC Section 2.6.3 with a term of at least three (3) years. 5. To maintain the agreed upon release flow rates at the north and south sides of Mulberry with discharges at Boxelder Creek, the property requires significant detention ponds to accommodate historic off-site flows from previously un-detained conditions. As such, Annexor proposes that the city allow retaining walls in detention ponds as well as other graded 4:1 slopes.