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HomeMy WebLinkAboutBUDERUS FIRST ANNEXATION AND ZONING 4.22.91 P AND Z BOARD HEARING - 11 91, A - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSITEM NO. 5 MEETING DATE 4/22/91 STAFF Waido PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Buderus First Annexation and Zoning - #11-91, A APPLICANT: Betty Y. Buderus OWNER: Same 3012 E. Vine Dr. Ft. Collins, CO 80524 PROJECT PLANNER: Ken Waido PROJECT DESCRIPTION: Request to annex and zone approximately 30 acres located south of E. Vine Dr. and west of I-25. The requested zoning is the I-L, Limited Industrial District with a PUD condition. RECOMMENDATION: Staff recommends approval of the annexation and zoning request. EXECUTIVE SUMMARY: This is a request to annex and zone approximately 30 acres located south of E. Vine Dr. and west of I- 25. The requested zoning is the I-L, Limited Industrial District with a PUD condition. The property is presently undeveloped. The property is currently zoned I -Industrial in the County. This is a voluntary annexation. DEVELOPMENT SERVICES 300 LaPorte Ave. P.O. Boa 580 Fort Collins. CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT Buderus Annexation and Zoning, First Filing, #11-91, A April 22, 1991 P & Z Meeting Page 2 Backaround: The applicant and owner, Betty Y. Buderus, has submitted two written petitions requesting annexation of approximately 138 acres located south of E. Vine Dr. and west of I-25. In order to meet State annexation law contiguity requirements, the property is being processed as two annexations, the Buderus First Annexation of approximately 30 acres, and the Buderus Second Annexation of approximately 108 acres. The requested zoning for both annexations is the I-L, Limited Industrial District with a PUD condition. The property is presently undeveloped. The property is currently zoned I -Industrial in the County. This is a voluntary annexation. Any existing commercial signs on the property will have to conform to the City's Sign Code at the conclusion of a five year amortization period. 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 consider the annexation of property in the UGA when the property is eligible for annexation according to State law. The Buderus First Annexation gains the required 1/6 contiguity to existing city limits from a common boundary with the Frontage Road Associates Ltd. Annexation to the east. The surrounding zoning and existing land uses are as follows: N: I -Industrial, undeveloped E: I-L (PUD condition), undeveloped S: I -Industrial, undeveloped W: I -Industrial The requested zoning for this annexation is the I-L, Limited Industrial District with a PUD condition. The I-L District designation is for light industrial uses such as the manufacturing of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories, but not including such uses as mining and extracting industries, petrochemical industries, rubber refining, primary metal and related industries. The property will probably eventually develop with a combination of light industrial and commercial/business uses. According to the City's LAND USE POLICIES PLAN, industrial uses should locate in areas which have, or will have, adequate transportation facilities for industrial uses, and in areas that have adequate utility services. This site addresses these locational policies. There are no immediate development plans for the property. The PUD condition on the I-L zoning will require all future development to be reviewed against the criteria of the LAND Buderus Annexation and Zoning, First Filing, #11-91, A April 22, 1991 P & Z Meeting Page 3 DEVELOPMENT GUIDANCE SYSTEM. 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. 3. On March 19, 1991, the City Council approved 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 hearing and first reading of the Ordinances annexing and zoning the property will be considered by the City Council on May 7, 1991. 4. The requested I-L, Limited Industrial District is in conformance with the policies of the City's Comprehensive Plan. STAFF RECOMMENDATION: Staff recommends approval of the annexation and requested zoning. u PETITION FOR ANNEXATION The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for the atnexation of an area, to be referred to as the l9u c�Sr[f,2 1= r ✓,'st Annexation to the City of Fort Collins. Said area, consisting of approximately a'5.-2 ' 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 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. 8. That the City of Fort Collins shall not be required to 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 proposed to be annexed except as may be provided by the ordinances of the City of Fort Collins. Further, the petitioners consent pursuant to Section 37-45-136(3.6), C.R.S., to the inclusion of such property into the Municipal Subdistrict, Northern Colorado Water Conservancy District. WHEREFORE, said petitioners request that the Council of the City of Fort Collins approve the annexation of said area. Furthermore, the petitioners request that said area be placed in the -r-e_ Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. STATE OF COLORADO) ) ss. COUNTY OF LARIMER) 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. �C Circulators ig ture Subscribed and sworn to before me this / 1 day of 19 -f / by 4c ti a/ Witness my hand and official seat. My Commission expires: 2 / -)- Z % J— ��, Cij . e n " -ram✓`. Notary P- blic -2- LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: The SE 1/4 of the NE 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; except rights of way for railroads as now established and EXCEPT the SW 1/4 of the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. I_ vv r./ • 4na�rie Address City State Date Zip Owner's Signature Address City State Date -3- Zip ATTORNEY CERTIFICATION an attorney licensed to practice in the State of Colorado, hereby certify that I have examined the records of the Clerk and Recorder of Larimer County, Colorado, and have verified that the signers of the attached Annexation Petition are owners of real property in the area proposed for annexation. Furthermore, I certify that said owners constitute more than 50% of the landowners in the area proposed for annexation and own more than 50% of the land in said area, exclusive of streets and alleys. ,gnaturec�33�J � 9 Date -4- ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: The SE 1/4 of the NE 1/4 of the NW 1/4 and the SE 1/4 of the NW 1/4 of section 9, Township 7 North, Range 68 West of the 6th P.M.; except rights of way for railroads as now established and EXCEPT the SW 1/4 of the SE 1/4 of the NW 1/4 of Section 9, Township 7 North, Range 68 West of the 6th P.M. -5-