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HomeMy WebLinkAboutTHORLAND ANNEXATION & ZONING NO. 2 - 33-07 - REPORTS - PETITIONimmediate neighbors in the Blehm Subdivision both verbally and in writing of our plans to annex and subsequently build a second home on the property. Land Use Code DIVISION 4.2 URBAN ESTATE DISTRICT (U-E) This property has been zoned U-E Response: This property is in full compliance with the land use codes as specified in section 4.2 of the Fort Collins Land Use code remain on septic since a main sewer line does not exist within 400 feet. There is no need for storm sewer since less than 35% of the property is impermeable. There are no streets on the existing property. Any subsequent residential development will require the installation of an in -home sprinkler system to comply with fire code. c. Development that occurs within the Growth Management Area will have at least one -sixth of its boundary area contiguous with existing urban development, except as may be otherwise provided by the legislation of the City Council. Response: The property will be annexed in two simultaneous annexations so as to meet the above requirement. PRINCIPLE GM-8: The City will promote compatible infill and redevelopment in areas within the Growth Management Area boundary. Policy GM-8.1 Targeted Redevelopment/Infill. Redevelopment and infill development will be encouraged in targeted locations. The purpose of these areas is to channel growth where it will be beneficial and can best improve access to jobs, housing and services with fewer and shorter auto trips. These targeted areas are parts of the city where general agreement exists that development or redevelopment is beneficial. A major goal is to increase economic activity in the area to benefit existing residents and businesses and, where necessary, provide the stimulus to redevelop. These areas should be defined from City Plan, Subarea Plans, Zoning and locational criteria such as: a. Underutilized land Response: The 6.68 acre property currently has 1 single family home. The intent is to add a second single family home after the property is subdivided (which will take place after the annexation). PRINCIPLE AN-1: New neighborhoods will be integral parts of the broader community structure. Response: The annexation of this property will not create a new neighborhood. The property will still belong to the Blehm Subdivision Policy EXN-1.2 Collaboration with Surrounding Residents. The City will continue to ensure that neighbors will be advised of any changes and be requested to comment. Stated preferences of neighbors will be considered in determining acceptable intensity and character of infill and redevelopment. Response: We are providing APO labels to the city that identify the surrounding neighbors per the requirements for annexation. In addition, we have notified our 51 Response: The property does not fall within a designated natural area and does not contain wetlands. PRINCIPLE GM-3: The City will consider the annexation of new territory into the City limits when the annexation of such property conforms to the vision, goals, and policies of City Plan. Policy GM-3.1 Annexation Policies. The City Council will weigh the following factors when considering the annexation of new land into the incorporated limits: a. Statutory requirements. The property must meet all statutory requirements for annexation according to the laws of the State of Colorado. Response: this property meets the statutory requirements for annexation. b. Property to be annexed must be located within the Growth Management Area The property must be located within the Growth Management Area boundary, or the boundary must be amended using the process described in GM 1.2 before the City considers the proposed annexation. Response: The land is located within the boundaries of the Fossil Creek Reservoir Area Plan. GM-3.1.e. Infrastructure standards. Developed land, or areas seeking voluntary annexation, must have their infrastructure improved (e.g., streets, utilities and storm drainage systems) to City standards, or must have a mechanism (e.g., a special improvement district, capital improvements program, etc.) in place to upgrade such services and facilities to City standards before the City will assume full responsibility for future maintenance. Response: Money will either be put into escrow or payment will be made to the city for the required improvements on Kechter road. Additional infrastructure changes for water utilities will not be required as the property is already served by either the city or the county for these services. PRINCIPLE GM-5: The provision of adequate public facilities and the phasing of infrastructure improvements will be important considerations in the timing and location of development. Policy GM-5.1 Phasing of Development. The provision of public facilities and services will be utilized to direct development in desired directions, according to the following considerations: a Development will only be permitted where it can be adequately served by critical public facilities and services such as water, sewer, police, transportation, schools, fire, stormwater management, and parks, in accordance with adopted levels of service for public facilities and services. Response: The property is currently served by the Ft. Collins/Loveland water district, Excel, and Poudre Valley REA. Sewer is provided by septic and will 0 [Thorland Annexation No. 2] Statement of Principles and Policies and Consistency For the Thorland request for annexation into the city of Fort Collins of Lot 1 of the Blehm Subdivision. Policy T-1.4 Adequate Facilities. The City will ensure the provision of adequate facilities for the movement of goods and people while maintaining the integrity of existing streets and minimizing travel -related impacts within residential neighborhoods. As growth occurs, appropriate transportation investments should be made to support increased demands for travel. Response: We will provide money for the improvements on Kechter road as required or alternatively we will put money into escrow for those same improvements. PRINCIPLE CAD-1: Each addition to the street system will be designed with consideration to the visual character and the experience of the citizens who will use the street system and the adjacent property. Together, the layout of the street network and the streets themselves will contribute to the character, form and scale of the City. Response: Improvements made to Kechter road adhere to the required standards set forth for Kechter road by the city of Fort Collins. Policy HSG2.4 Preservation of Neighborhoods. The City will attempt to retain existing affordable housing stock through conservation efforts of older residential neighborhoods. Response: The original house on this property, Lot I of the Blehm subdivision, will remain. Policy ENV4.2 Water Supply Policy. The raw water requirements for new development should be set such that, with other water acquisitions and water conservation measures, the total water supply available is adequate to meet or exceed a 1 in 50-year drought. Response: The property comes within of 1.2 shares (— 5 acre feet) of the New Mercer ditch which will be used to supplement city water for irrigation purposes. Policy ENV-6.1 Protection and Enhancement. The City's regulatory powers will be used to preserve, protect, and enhance the resources and values of natural areas by directing development away from sensitive natural features -- such as wetlands, riparian areas and wildlife habitat. When it is not possible to direct development away from natural areas, these areas will be protected in the developed landscape. [Thorland Annexation No. 2] Statement Regarding Necessity and Desirability of Annexation The proposed property for annexation, Lot 1 of the Blehm Subdivision, currently borders the city of Fort Collins on its northern boundary. The property also falls within the Fossil Creek Reservoir Area Plan growth management area. Therefore, it is both the intent of the City of Fort Collins as well as Larimer County that this property ultimately be annexed into the city of Fort Collins. DEC-18-2007 TUE 08:22 AM FAX NO. P. 02 ATTACHMENT IV' ATTORNEY CERTIFICATION an attorney licensed to practice in the State of Colorado, h reby certify that, as of tho dat of this certificate, th signers of this Annexation Petition for the area referred to as the Annexation to the City of Fort Collins are the 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, as said area is described on Attachment "A" of said AnnexatioryPetition, and own more than 50% of the land in said area, exclusive of streets and alleys, /j 317 Dai Si nature - --Attorney Reg. No. STATE OF COLORADO )ss. COUNTY OF LARIMER ATTACHMENT "B" 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. � Ile: Circulator's Signature Subscribed and sworn to before`me this Neb' day of ,IMP E 2 2�, WITNESS my hand and official seal. M. M D�sr . � �0 — �� ••. Commission Expiration ,� OTA 1tL,9 20 P is .. O OF' C��,O ATTACHMENT"A" LEGAL DESCRIPTION OF THE ANNEXATION A tract of land situate in the County of Larimer, State of Colorado, to -wit: Thorland Annexation No. 2 Legal Description A portion of Lot 1, Blehm Subdivision, located in the southwest'/4 of section 5, township 6 north, range 68 west of the 6th pM, County of Larimer, State of Colorado, more particularly described as follows: Basis of bearing: The south line of the southwest %4 of section 5, township 6 north, range 68 west of the 6th pM, County of Larimer, State of Colorado, is assumed to bear N89°32'56"E, with all bearings contained herein relative thereto_ Commencing at the southwest corner of section 5, township 6 north, range 68 west of the 61h pM, County of Larimer, State of Colorado; Thence N89032'56"E on the south line of the southwest %4, of said section 5, a distance of 696.96 feet; To a point on the west line of lot 1, Blehm Subdivision and the point of beginning; Thence N00010'00"W, on said west line, a distance of 862.98 feet, - Thence N90°00'00"E, a distance of 110.66 feet; Thence N00°00'00"E, a distance of 232.07 feet; Thence N90000'00"E, a distance of 111.35 feet to the east line of the aforesaid lot 1; Thence S00°15'17"E, on said east line, a distance of 1123.29 feet to the south right-of- way line of Kechter Road; Thence S89'32'56"W, on said south right-of-way line, a distance of 224.41 feet; Thence N00°10'00"W, a distance of 30.01 feet to the point of beginning. Containing a calculated area of 5.18 acres. ❑ (Check box if applicable). The Petitioners reserve the right to withdraw this petition and their signatures therefrom at any time prior to the commencement of the roll call of the City Council for the vote upon the second reading of the annexation ordinance. Individual Petitioners signing this Petition represent that they own the portion(s) of the area described on Attachment "A" as more particularly described below: A tract of land situate in the County of Larimer, State of Colorado, to -wit: See Legal Description on Attachment "A". INSTRUCTIONS: INSERT HERE the legal description of individual parcels, or if only ownership, type "See Legal Description on Attachment `A'." IN WITNESS WHEROF, I/we have executed this Petition for Annexation this SJ day of 11CSU�w�A o� 2 Petitioner's/Owner's Signature titioner's Owner's Signature LHI � �'S .w� 1 . �tl r` Address Address City State Zip City State Zip 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 —\Ko-f )ck-v\ OA No . P- Annexation to the City of Fort Collins. Said area, consisting of approximately So 1 �� acres, is more particularly described on Attachment "A," attached hereto. The Petitioners allege: 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 31-12-108, C.R.S., exist or have been met. 3. That not less than one -sixth (116) 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 U L Zone District pursuant to the Land Use Code of the City of Fort Collins.