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HomeMy WebLinkAboutTHIRD FISHER - LEMAY ANNEXATION & ZONING - 25-95 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTSATTACHMENT"A" LEGAL DESCRIPTION OF i HE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado to -wit: A PART OF THE WEST ONE-HALF OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 7, THENCE NORTH 00 DEGREES 37 MINUTES 05 SECONDS EAST, A DISTANCE OF 60.00 FEET (THE WEST -LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 7 IS ASSUMED TO BEAR SOUTH 00 DEGREES 36 MINUTES 25 SECONDS WEST AND ALL OTHER BEARINGS HEREIN ARE RELATIVE THERETO); THENCE SOUTH 89 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 69.71 FEET TO THE SOUTHWEST CORNER OF THE EAST LINCOLN THIRD ANNEXATION AS RECORDED AT RECEPTION NO. 95007020, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE AND BEING THE POINT OF BEGINNING; THENCE RUNNING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE NEXT SIX (6) COURSES: 1).SOUTH 89 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 294.59 FEET; 2) ALONG THE ARC OF A CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 18 DEGREES 08 MINUTES 57 SECONDS, AN ARC DISTANCE OF 382.02 FEET, A RADIUS OF 1206.00 FEET AND A CHORD BEARING OF SOUTH 80 DEGREES 22 MINUTES 01 SECONDS EAST, WITH A DISTANCE OF 380.42 FEET; 3) SOUTH 89 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 80.98 FEET; 4) SOUTH 00 DEGREES 37 MINUTES 05 SECONDS WEST, A DISTANCE OF 29.78 FEET; 5) ALONG THE ARC OF A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 06 DEGREES 22 MINUTES 07 SECONDS, AN ARC DISTANCE OF 134.05 FEET, A RADIUS OF 1206.00 FEET AND A CHORD BEARING OF SOUTH 64 DEGREES 00 MINUTES 34 SECONDS EAST, WITH A DISTANCE OF 133.98 FEET; 6) SOUTH 60 DEGREES 49 MINUTES 30 SECONDS EAST, A DISTANCE OF 541.23 FEET; THENCE SOUTH 29 DEGREES 10 MINUTES 30 SECONDS WEST, A DISTANCE OF 100.00 FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 00 SECONDS WEST, A DISTANCE OF 844.86 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 41 SECONDS WEST, A DISTANCE OF 473.78 FEET; THENCE NORTH 88 DEGREES 03 MINUTES 54 SECONDS WEST, A DISTANCE OF 904.59 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LEMAYAVENUE; THENCE RUNNING ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE NEXT THREE (3) COURSES: 1) NORTH 01 DEGREES 56 MINUTES 06 SECONDS EAST, A DISTANCE OF 924.77 FEET; 2) ALONG THE ARC OF A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 25 DEGREES 41 MINUTES 55 SECONDS, AN ARC DISTANCE OF 462.40 FEET, A RADIUS OF 1030.93 FEET AND A CHORD BEARING OF NORTH 10 DEGREES 54 MINUTES 51 SECONDS WEST, WITH A DISTANCE OF 458.53 FEET; 3) NORTH 23 DEGREES 45 MINUTES 49 SECONDS WEST, A DISTANCE OF 333.38 FEET; THENCE NORTH 30 DEGREES 09 MINUTES 37 SECONDS WEST, A DISTANCE OF 134.98 FEET TO THE POINT OF BEGINNING, CONTAINING 1,717,285 SQUARE FEET OR 39.42 ACRES, MORE OR LESS. ATTORNEY CERTIFICATION I, Joseph H. Fon4ra 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, 1 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. r Signature Date LEGAL DESCRIPTION OF REAL PROPERTY INCLUDED IN THE ANNEXATION A tract of land situated in the County of Larimer, State of Colorado to -wit: A PART OF THE WEST ONE-HALF OF SECTION 7, TOWNSHIP 7 NORTH, RANGE 68 WEST,. OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST ONE -QUARTER CORNER OF SAID SECTION 7, THENCE NORTH 00 DEGREES 37 MINUTES 05 SECONDS EAST, A DISTANCE OF 60.00 FEET (THE WEST -LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 7 IS ASSUMED TO BEAR SOUTH 00 DEGREES 36 MINUTES 25 SECONDS WEST AND ALL OTHER BEARINGS HEREIN ARE RELATIVE THERETO); THENCE SOUTH 89 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 69.71 FEET TO THE SOUTHWEST CORNER OF THE EAST LINCOLN THIRD ANNEXATION AS RECORDED AT RECEPTION NO. 95007020, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE; THENCE SOUTH 30 DEGREES 09 MINUTES 37 SECONDS EAST, A DISTANCE OF 134.98 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF EAST LINCOLN AVENUE, SAID POINT BEING THE POINT OF BEGINNING; THENCE RUNNING ALONG SAID SOUTHERLY RIGHT-OF- WAY LINE THE NEXT FIVE (5) COURSES: 1) NORTH 66 DEGREES 14 MINUTES 11 SECONDS EAST, A DISTANCE OF 10.00 FEET; 2) NORTH 23 DEGREES 12 MINUTES 23 SECONDS WEST, A DISTANCE OF 13.02 FEET; 3) SOUTH 89 DEGREES 26 MINUTES 30 SECONDS EAST, A DISTANCE OF 221.78 FEET; 4) ALONG THE ARC OF A CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 28 DEGREES 37 MINUTES 00 SECONDS, AN ARC DISTANCE OF 552.40 FEET, A RADIUS OF 1106.00 FEET AND A CHORD BEARING OF SOUTH 75 DEGREES 08 MINUTES 00 SECONDS EAST, WITH A DISTANCE OF 546.67 FEET; 5) SOUTH 60 DEGREES 49 MINUTES 30 SECONDS EAST, A DISTANCE OF 541.23 FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 00 SECONDS WEST, A DISTANCE OF 844.86 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST, A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 41 SECONDS WEST, A DISTANCE OF 473.78 FEET; THENCE NORTH 88 DEGREES 03 MINUTES 54 SECONDS WEST, A DISTANCE OF 904.59 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SOUTH LEMAY AVENUE; THENCE RUNNING ALONG SAID EASTERLY RIGHT-OF-WAY LINE THE NEXT THREE (3) COURSES: 1) NORTH 01 DEGREES 56 MINUTES 06 SECONDS EAST, A DISTANCE OF 924.77 FEET; 2) ALONG THE ARC OF A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 25 DEGREES 41 MINUTES 55 SECONDS, AN ARC DISTANCE OF 462.40 FEET, A RADIUS OF 1030.93 FEET AND A CHORD BEARING OF NORTH 10 DEGREES 54 MINUTES 51 SECONDS WEST, WITH A DISTANCE OF 458.53 FEET; 3) NORTH 23 DEGREES 45 MINUTES 49 SECONDS WEST, A DISTANCE OF 333.38 FEET TO THE POINT OF BEGINNING, CONTAINING 1,577,604 SQUARE FEET OR 36.22 ACRES, MORE OR LESS. O_Owlieri Springer -Fisher Inc. - A Colorado Corporation and Catherine S. Fisher and the ampriineL Fisherr , t , ;�7 Owner's Signature 308 Camino Real Address Ft. Collins CO 80524 City State Zip s� Date PETITION FOR ANNEXATION The undersigned hereby petition the Council of the City of Fort Collins, Colorado, for the annexation of an area, to be referred to as the Third Fisher-Lemay Avenue Annexation to the City of Fort Collins. Said area, consisting of approximately 39.42 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. Further, the Petitioners reserve the right to withdraw this Petition for Annexation at any time prior to the second reading by the City Council of the Ordinance annexing the area proposed for annexation into 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 petitioners request that said area be placed in the B-P P.U.D. Zoning District pursuant to Chapter 29 (Zoning) of the Code of the City of Fort Collins. STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) 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. 1 Wilson CLC Associates, Inc. Subscribed and sworn to before me this day of i% 19 �, by Witness my hand and official seal. My Commission expires: No ary Public C PAPIK i • ry IP a5�vv +PO IL �I \ FgsT`,Nc I / L I \ i O � I j oa W F�srat by I ' ill MULBERRY STREET j I by \ VICINITY MAP 06/13/95 25-95, A FISHER-LEMAY THIRD Annexation and Zoning Third Fisher-Lemay Annexation, #25-95 June 26, 1995 P & Z Hearing Page 4 creates a highly visible aesthetic public perception for the entire City of Fort Collins. Consequently, Staff finds that there is a significant public interest in the development of the property and that in order to protect this public interest, the City of Fort Collins is obligated to review and evaluate potential development proposals. Such responsibility should not be forfeited to Larimer County. 3. Findings of Fact/Conclusion: A. 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. B. The area meets all criteria included in State law to qualify for a voluntary annexation to the City of Fort Collins. C. On June 20, 1995, 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 City Council on August 1, 1995. D. The requested B-P, Planned Business, Zone District is in conformance with the policies of the City's Comprehensive Plan. E. It is further recommended that the Zoning will carry a condition that the property will develop as a Planned Unit Development (P.U.D.) in accordance with the LAND DEVELOPMENT GUIDANCE SYSTEM. F. It is recommended that the Annexation Agreement not carry the condition that the City enter into a Disconnection Agreement with the owners. RECOMMENDATION: Staff recommends approval of the annexation of the property with a zoning of B-P, Planned Business, with the P.U.D. condition and with the condition that the Annexation Agreement not carry the Disconnection Agreement. Third Fisher-Lemay Annexation, #25-95 June 26, 1995 P & Z Hearing Page 3 The property will likely develop as a regional/community shopping center. According to the City's Land Use Policies Plan, regional/community shopping centers should: 69. ... locate in areas which are easily accessible to existing or planned residential areas." 1170. ... locate near transportation facilities that offer the required access to the center but will not be allowed to create demands which exceed the capacity of the existing and future transportation network of the City." 1171. ... be designed to encourage pedestrian circulation, and discourage multi -stop trips with private automobiles, or force traffic onto streets whose primary function is to carry through traffic." 1172. ... locate where they can be served by public transportation. 1173. ... locate in areas served by existing water and sewer facilities." This site addresses, or has the potential to address, these locational policies. It is anticipated that after second reading by City Council, a P.U.D. for a regional/community shopping center will be submitted. 2. Disconnection Agreement: The applicant, on behalf of the owners, has requested that the annexation be conditioned upon the City entering into a Disconnection Agreement should the subsequent Overall Development Plan and/or Planned Unit Development not be approved by the City. (See attached letter.) Staff recommends against this condition due to the proximity of existing commercial and industrial development in the surrounding area. The property is centrally located within the Fort Collins Urban Growth Area. It is not located on the fringe. It is also immediately next to two arterial streets (Lemay and Lincoln) and near State Highway 14. It is likely that should the property develop in the County, that there will be at least a comparable level of land use intensity as the immediate surrounding area. The intensity of such development would have significant impacts on the City that might not be properly mitigated or addressed by the County. Such impacts include but are not limited to, public street improvements, sidewalks, traffic control, auxiliary turn lanes, storm drainage facilities, underground electric, signage control, etc. Also, State Highway 14 is an entry corridor into the City from I-25 which Third Fisher-Lemay Annexation, #25-95 June 26, 1995 P & Z Hearing Page 2 COMMENTS 1. Background: The applicant, Mr. Steve Wilson, Colorado Land Source Associates, on behalf of Harold S. Fisher and Catherine I. Fisher for Springer -Fisher Inc., and Catherine S. Fisher and the Catherine I. Fisher Trust, has submitted a written petition requesting annexation and zoning for a parcel known as the Third Fisher-Lemay Avenue 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 property gains the required 1/6 (one -sixth) contiguity to existing city limits from the following common boundaries: North: Fort Collins Business Center Annexation East: Lincoln Third Annexation South: Second Fisher-Lemay Avenue Annexation West: Lemay Avenue Second Annexation The surrounding zoning and land uses are as follows: N: I-L; Vacant and one farm house S. B-P & C; Retail (Supermarket Liquor), auto salvage (Rohrbacker P.U.D.), vacant E: County; Industrial Park W: R-C; Link 'N Greens golf course The First Fisher-Lemay Avenue Annexation consisted of 2.25 acres located at the northeast and southeast corners of Mulberry and Lemay. This annexation was approved by City Council in September of 1984. The Second Fisher-Lemay Avenue Annexation consisted of 14.67 acres located north of Mulberry and east of Lemay. This annexation was also approved in September of 1984. None of these parcels have been submitted for development review. The requested zoning for this annexation is the B-P, Planned Business Zone District. The B-P, Planned Business Zone is for areas planned as a unit to provide business services while still protecting surrounding residential areas. ITEM NO. 14 MEETING DATE 6/26/95 STAFF Ted Shepard PLANNING AND ZONING BOARD STAFF REPORT PROJECT: Third Fisher - Lemay Avenue Annexation, #25-95 APPLICANT: Springer -Fisher, Inc. and Catherine S. Fisher and the Catherine I. Fisher Trust c/o of Mr. Steve Wilson Colorado Land Consultants, Inc. 8480 E. Orchard Road, Suite 2000 Englewood, CO 80111 OWNER: Same as Above c/o Harold S Fisher 308 Camino Real Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request to annex and zone 39.42 acres located east of Lemay Avenue, south of Lincoln Avenue, approximately 900 feet north of Mulberry Street. The requested zoning is B-P, Planned Business, with the P.U.D. condition. At this time, the petitioners request the right to disconnect from City, within a prescribed time limit, after annexation and zoning has been granted on second reading by City Council. RECOMMENDATION: Staff recommends approval with conditions. EXECUTIVE SUMMARY: This is a request to annex and zone 39.42 acres into the B-P, Planned Business Zone District, with P.U.D. condition. The property is presently undeveloped and zoned Industrial and Commercial in the County. This is a voluntary annexation. It is recommended that the Annexation Agreement not carry the right to disconnect should the City not approve an Overall Development Plan or Planned Unit Development as requested by the applicant. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort Collins, CO 80522-0580 (303) 221-6750 PLANNING DEPARTMENT