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HomeMy WebLinkAboutHANSEN ANNEXATION & ZONING - ANX120007 - REPORTS - PETITIONThe intent is to develop multi -family housing in the MMN District at a minimum overall density of 12 dwelling units per acre. it is anticipated that the Multi -family family structures will be three stories in height as allowed in the MMN District. Future development will be required to meet the performance standards in Chapter 4 of the City's Land Use Code as well as the General Development Standards in Chapter 3. FC-LUF-7 Neighborhood centers will be incorporated within new development, located for convenience to residential areas'— preferably within walking or bicycling distance of most homes. FC-LUF-8 Land uses In a Fossil Creek Reservoir Area neighborhood center may Include: park or commons, one of the area's elementary schools, a church, a community facility such as a day care center and/or recreation facility, and limited convenience retail shops, small professional offices, clinics, or other small businesses. FC-LUF-9 Designated space for a neighborhood commercial center approximately 10 acres in size will be located on the west side of Timberline Road approximately 1 % miles south of Harmony Road. FC-LUF-10 A grocery store or supermarket will be encouraged as the anchor for this center, and the center may also include shops, offices and clinics, services, civic uses, residential (such as lofts or apartments) and some limited auto -related services. The Neighborhood Commercial District (NC) is proposed for 6.33 acres of the Hansen Farm Annexation. - The NC District is located adjacent to the MMN District as envisioned by the Fossil Creek Reservoir Area Plan. The NC District will include a centrally located Neighborhood Center meeting the requirements contained in the City's Land Use Code. The future Neighborhood Center will provide a neighborhood focus for the low and medium density neighborhoods that will be located to the north of the center in the Hansen Farm Annexation as well as future residential development that will occur south of the center. To achieve the goal of wrapping the Neighborhood Center with medium density housing, the NC District was located south of what will be the major entrance form Timberline Road, aligning with Zephyr Road on the east side of Timberline Road. This location allows the NC District to be wrapped by MMN Zoning. Nothing precludes the future Neighborhood Center from being 10 acres in size since commercial uses are allowed in both the NC and the MMN Districts. The ultimate size of the Neighborhood Center will be dependent upon market demand. At this time it is uncertain what land uses will comprise the Neighborhood Center and be included within the NC District While the Fossil Creek Reservoir Area Plan encourages a grocery store anchor for the Center, the Applicant has not found any grocery stores , interested in the location. There are several supermarkets located 11/2-miles to the north in'the Harmony Corridor, making it difficult for a grocery store in this location to be financially viable. property's proximity to major activity centers (Harmony Cgmdor) and schools will encourage walking and bicycling for transportation and transit use. Fossil Creek Reservoir Area Plan In addition, the Annexation and Zoning of the Hansen property is supported by the following Policies contained in the Fossil Creek Reservoir Area Plan. The Fossil Creek Reservoir Area Plan represents collaboration between Larimer County, the City of Fort Collins and citizens in developing a long-range plan for an area outside Fort Collins municipal and Growth Management Area boundaries. The primary objective of the Plan is to direct future urban development toward municipal boundaries, while balancing preservation of open lands and critical natural areas around the Fossil Creek Reservoir and areas between Loveland and Fort Collins, while maintaining sensitivity to the rights of individuals. FC-LUF-1 Community Design. New urban development will be required to be consistent with the principles and policies for community design and new residential neighborhoods established by the Fort Collins City Plan. Urban development that will follow the annexation and zoning of this property will be consistent with City Plan Principles and Policies. The specific Principles and Policies of City Plan supported by the proposed Annexation and Zoning are listed above. FC-LUF-3 Mixed -Use Neighborhoods. These neighborhoods will consist of a mix of housing types near parks, schools, and a neighborhood center. The density will be a minimum overall average of either 3 or 5 units per acre, with an overall maximum of 8 dwelling units per acre, and maximum of 12 units per acre for any single phase. This residential classification will require design and development standards agreed upon by both Larimer County and the City of Fort Collins. The Low Density Mixed -Use Neighborhood District (LMN) is proposed for 46.40 acres of Hansen Farm Annexation. The LMN District is proposed to develop at four dwelling units per acre, include a variety of housing types and is located close to schools ( Bacon, Kinnard, Fossil Ridge) and parks (Southridge Green Golf Course, Fossil Creek Park). A neighborhood center will be located nearby In the NC District. Future development will be required to meet the performance standards in Chapter 4 of the City's Land Use Code as well as the General Development Standards in Chapter 3. FC-LUF-4 A Medium Density Mixed -Use Neighborhood. A medium density mixed use neighborhood will be located In conjunction with a neighborhood commercial center on the west side of Timberline Road approximately 1% miles south of Harmony Road. This neighborhood will be approximately 20 acres in size, shaped to generally wrap around the Neighborhood Commercial Center to form a transition and a link to surrounding mixed -use neighborhoods. The density will be a minimum overall average of 12 units per acre, with a minimum of 7 units per acre for any single phase in a multiple -phase plan. Buildings will be limited to 2'/a stories in height This residential classification will require design and development standard agreed upon by both Larimer County and the City of Fort Collins. The Medium Density Mixed -Use Neighborhood District (MMN) is proposed for 16.69 acres of the Hansen, Farm Annexation. The MMN District is located adjacent to the NC District as envisioned by the Fossil Creek Reservoir Area Plan. Additional MMN zoning is planned to occur south of the property adjacent to Timberline Road. Property located north of Linden Park is zoned MMN and property south of Hansen property and adjacent to it, is designated to be MMN District on the City's Structure Plan. These additional areas of MMN will achieve the goal of wrapping the Neighborhood Commercial Center with medium density housing. water, sewer, police, transportation, fire, stormwater management, and parks, in accordance with adopted levels of service for public facilities and services. An elementary school, a middle school and a high school are located within two miles and a community regional shopping area is located approximately 1112 miles to the north. Principle LIV 19: The City Structure Plan Map establishes the desired development pattern for the City, serving as a blueprint for the community's desired future. The land use designations depicted on the City Structure Plan Map along with the Policies written in the Fossil Creek Reservoir Area Plan were used as a guide in determining the proposed future zoning for the Hansen Property. The proposed LMN, MMN and NC zone districts are consistent with both. Principle LIV 25: The City will require and assist with coordinated neighborhood design efforts among separate development parcels. Policy LIV 25.2 — Require Overall Coordination The Applicant recognizes and shares the City's desire to coordinate planning efforts between neighborhoods. The proposed annexation and zoning will allow for interconnecting streets, access to schools, parks, Neighborhood Commercial Districts, open space and trail systems. Principle LIV 28: Low Density Mixed- Use Neighborhoods will provide opportunities for a mix of low density housing types in a settingthat is conducive to walking and in close proximity to a range of neighborhood serving uses. Principle LIV 29: Medium Density Mixed -Use Neighborhoods include a mix of medium - density housing types, providing a transition and link between lower density neighborhoods and a Neighborhood, Community Commercial or Employment District The proposed annexation and zoning will allow for the development of both low and medium mixed -use neighborhoods with a neighborhood commercial component as envisioned by City Plan. The Applicant is requesting three different zone district classifications for the property: Low Density Mixed -Use Neighborhood District (LMN), Medium Density Mixed -Use Neighborhood District (MMN) and Neighborhood Commercial District (NC). These zone district classifications were derived from and correspond to the classifications proposed on the City of Fort Collins Structure Plan adopted as part of City Plan in 2011. The designations are also consistent with the Fossil Creek Reservoir Area Plan adopted jointly by the City and County in 1998. The proposed zoning classifications will provide a land use framework for the property that exemplifies classic transitional land use planning. Future development will include a neighborhood commercial center adjacent to medium density multi -family residential development that is integrated with and adjacent to single family development. The result will be a cohesive, well designed and sustainable neighborhood that offers residents a variety of housing types, adjacent to a commercial activity center. in addition, the neighborhood is just across Timberline Road from Bacon Elementary School, less than a mile from Kinnard Middle School and within two miles of Fossil Ridge High School, making walking and biking to school a viable alternative. Principle T 3: Land use planning decisions, management strategies, and incentives will support and be coordinated with the City's transportation vision. The proposed annexation and zoning will facilitate the City's transportation goals and objectives. The proposed zoning is aimed at establishing a mix of land uses and activities that will maximize the potential for pedestrian mobility throughout the community and minimize the distance traveled. The Hansen ATTACHMENT "E" Hansen Farm Annexation and Zoning - Principles and Policies Statement (Addressing Number 5 of the Submittal Requirements for Annexation and Zoning) 5) Statement of Principles and Policies and consistency with the City Structure Plan being achieved by the zoning of the property to the zoning district being proposed by the Applicant. (Submittal Requirements) CITY PLAN Principle LIV 1: City development will be contained by well-defined boundaries that will be managed using various tools including utilization of a Growth Management Area, community coordination, and Intergovernmental Agreements. Policy LIV 1.1— Utilize a Growth Management Area Collaborate with the County and other jurisdictions in utilizing a Growth Management Area (GMA) surrounding Fort Collins to guide and manage growth outside of the City's limits and delineate the extent of urban development in Fort Collins. Principle LIV 3: The City will coordinate facilities and services with the timing and location of development and ensure that development only occurs where it can be adequately served. The Hansen property is located within the City's Growth Management Area boundary. The proposed annexation and zoning is consistent with the Intergovernmental Agreement between the City and the County that governs this area. The property is also located within the Fossil Creek Reservoir Area Plan boundary and the proposed zoning is consistent with the land use policies outlined in that document. Annexation of the property will insure a compact land use pattern within a well-defined boundary, with adequate public facilities and infrastructure available to serve future residents. Principle LIV 2: 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 LIV 2.1 — Follow Annexation Policies Principle LIV 3: The City will coordinate facilities and services with the timing and location of development and ensure that development only occurs where it can be adequately served. The Hansen Property is located within the GMA and meets the statuary requirements for annexation. Public infrastructure is available at the site and proposed future development will not exceed the capacity of the infrastructure. The site can be adequately served by critical public facilities and services such as neighborhood commercial center adjacent to medium density mufti -family residential development that is integrated with and adjacent to single family development. The result will be cohesive, well designed and sustainable neighborhood that offers residents a variety of housing types, adjacent to a commercial activity center. In addition, the new neighborhood will be located just across Timberline Road from Bacon Elementary School, less than a mile from Kinnard Middle School and within two miles of Fossil Ridge High School, making walking and biking to school a viable alternative. ATTACHMENT "D" HANSEN ANNEXATION AND ZONING NARRATIVE (Addressing 4 (g), (h) and (i) of the Submittal Requirements for Annexation and Zoning.) 4(g) A statement as to why it is necessary and desirable for the City of Fort Collins to annex the area. The Hansen property is located on the west side of Timberline Road approximately 11/2 miles south of Harmony Road. Willow Springs residential development is located adjacent to the property on the north. The Timbers and Westchase, multi -family and single family residential projects respectively, are located to the southeast across Timberline Road. Undeveloped property borders the site on the south and Linden Park, a single-family development is located further to the south. Southridge Greens golf course development is located across the railroad tracks to the west. The owners of the property described in the Hansen Farm Annexation request to be annexed into the City of Fort Collins in order to develop their property. The historical use of the property has been farming and ranching, but now that urban development has almost surrounded the property, the owners recognize that development of the property, consistent with the urban fabric of Fort Collins is the highest and best use of the land. The 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 Larirner County. The IGA requires that before urban development of the property can occur it must be annexed into the City. The boundary of the GMA, together with the IGA, verifies that the City and County agree that the property should be annexed prior to development. The applicant agrees that this is both appropriate and desirable. 4(h) A description of the zoning classification being requested and any condition requested for that zone district classification. 4(i) A statement of consistency of the requested zoning to the Structure Plan. The Applicant is requesting three different zone district classifications for the property. The designated zoning for the majority of the property, 46.40 acres, located to the west and generally away from the Timberline Road frontage is proposed as Low Density Mixed -Use Neighborhood District (LMN). Located adjacent to Timberline Road, 16.69 acres are designated as Medium Density Mixed -Use Neighborhood District (MMN) and 6.33 acres located south of and adjacent to the MMN District is designated as Neighborhood Commercial District (NC). These zone district classifications were derived from and correspond to the classifications proposed on the City of Fort Collins Structure Plan adopted as part of the City Plan in 2011. The designations are also consistent with Fossil Creek Reservoir Area Plan adopted jointly by the City and County in 1998. The proposed zoning classifications will provide a land use framework for the property that exemplifies classic transitional land use planning. Future development will include a ATTACHMENT "C" ATTORNEY CERTIFICATION I, Lucia A. Li 1 ey an attorney licensed to practice in the State of Colorado, hereby certify that, as of the date of this certificate, the signers of this Annexation Petition for the area referred to as the Hansen Farm 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 Annexation Petition, and own more than 50% of the land in said area, exclusive of streets and alleys. AAA-�"l vZ Date Li ey Rogers & Ma to 1, LLC RV Signature 6042 Attorney Reg. No. ATTACHMENT "B" 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. Ci culator's Signatur Subscribed and sworn to before me this 2day of N 0Ut4yt b,e, — , 20 tx, by ran L . r� WITNESS my hand and official seal. 4ttiQ({ ? , n16 Commissio xpiratio cawsnIVI r T[Wils 0M-0aaot EXHIBIT A PARCELS OF LAND LOCATED IN THE EAST HALF OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO. TOTAL ANNEXATION AREA 3,023.816 sq. fL 69.417 ac. ZONE LMN 2,021,238 sq. ft 46.40 ac. ZONE MMN 727,022 sq. ft. 16.69 ac. ZE�PFIYR ROAD ZONE NC 275,556 sq. fL 6.33 ac. I NORTH 500 0 500 1000 1500 Feet ( "' NORTHERN ( IN FEET) :L� ENGINEERING 1 Inch = 500 ft. :W Swn ftlM@eMti_.1b w R Vmw.lw lmsmnl.'" rm fin w.m �4 . ATTACHMENT "A" (cont.) LEGAL DESCRIPTION OF NEIGHBORHOOD COMMERCIAL DISTRICT (NC) A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 7 as bearing South 00°00'53" East and with all bearings herein relative thereto: COMMENCING at the East Quarter Comer of said Section 7; thence, South 89°5949" West, 30.00 feet to a point on the west right-of-way line of South Timberline Road, said point being the POINT OF BEGINNING; thence along said west right-of-way line, South 00°05'58" West, 150.36 feet; thence, North 86055'07" West, 81.60 feet; thence, North 70"20'07" West, 286.00 feet; thence, North 39°29'33" West, 64.42 feet; thence, South 89°59'49" West, 314.41 feet; thence, North 18°53'29" East, 280.05 feet; thence, South 80°52'47" East, 140.66 feet; thence, North 43°24'32" East, 68.46 feet; thence, North 45°20'54" West, 147.24 feet; thence, North 89043120" East, 534.49 feet to the west right-of-way line of South Timberline Road; thence along said west right-of-way line, South 00'00'53" East, 398.44 feet to the POINT OF BEGINNING. Said parcel of land contains 6.33 acres, more or less (f), and is subject to any rights-ofway or other easements of record or as now existing on said described parcel of land. ATTACHMENT "A" (cont.) LEGAL DESCRIPTION OF MEDIUM DENSITY MIXED -USE NEIGHBORHOOD DISTRICT (MMN) A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 7 as bearing South 00°00'53" East and With all bearings herein relative thereto: COMMENCING at the East Quarter Comer of said Section 7; thence; South 89°5949" West, 30.00 feet to a point on the west right-of-way line of South Timberline Road; thence along said west right-of-way line, North 00°00'53" West, 398.44 feet to the POINT OF BEGINNING; thence, South 89°43'20" West, 534.49 feet; thence, North 45020'54" West, 45.84 feet; thence, North 57°52'49" West, 191.24 feet; thence, North 48*06'28" West, 109.43 feet; thence, North 63°34'52" West, 12.88 feet; thence, North 00000'53" West, 670.19 feet; thence, North 89°59'07" East, 822.00 feet to the west right-of-way line of South Timberline Road; thence along said west right-of-way line, North 00°00'50" West, 28.59 feet; thence, North 89°40'37" East, 60.00 feet to the east right-of-way line of South Timberline Road; thence along said east right-of-way line, South 00°00'53" East, 536.20 feet; thence, South 89°43'20" West, 60.00 feet to the west right-of-way line of South Timberline Road; thence along said west right-of-way line, South 00000'53" East, 372.94 feet to the POINT OF BEGINNING. Said parcel of land contains 16.69 acres, more or less (t), and is subject to any rightsof way or other easements of record or as now existing on said described parcel of land. ATTACHMENT 'W' (cont.) LEGAL DESCRIPTION OF LOW DENSITY MIXED -USE NEIGHBORHOOD DISTRICT (LMN) A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 7 as bearing South 00°00'53" East and with all bearings herein relative thereto: COMMENCING at the East Quarter Corner of said Section 7; thence, South 89°59'49" West, 30.00 feet to a point on the west right-of-way line South Timberline Road; the thence along said west right-of-way line, North 00°00'53" West, 1,278.95 feet to the POINT OF BEGINNING; thence, South 89°59'07" West, 822.00 feet; thence, South 00000153" East, 670.19 feet; thence, North 63034152" West, 185.84feet; thence, North 49045128" West, 330.86 feet; thence, North 47°12'15" West, 783.31 feet; thence, North 55°07'00" West, 318.91 feet; thence, North 74009'59" West, 184.15 feet; thence, North 03*02' 18" West, 367.61 feet; thence, North 05°59' 16" West, 117.72 feet; thence, North 11'32' 10" West, 221.70 feet; thence, North 02*51'46" West, 122.76 feet; thence, North 09031129" West, 49.42 feet; thence, North 89°11'07" East, 307.33 feet; thence, North 88058107" East, 235.40 feet; thence ,South 73022153" East, 83.20 feet; thence, South 46025'53" East, 80.40 feet; thence, South 51°11'53" East, 67.70 feet; thence, South 33006'53" East, 44.10 feet; thence, South 30014153" East, 82.50 feet; thence, South 03055'53" East, 86.50 feet; thence, South 21 °48'53" East, 44.90 feet; thence, South 55053153" East, 54.20 feet; thence, South 74038153" East, 367.20 feet; thence, South 67046'53" East, 227.00 feet; thence, South 54'53'53" East, 152.80 feet; thence, South 71051'53" East, 121.50 feet; thence, South 68°22'53" East, 243.40 feet; thence, South 68041'53" East, 208.00 feet; thence, South 5598'53" East, 82.70 feet; thence, South 52011'53" East, 234.62 feet to the west right-of-way line of South Timberline Road; thence along said west right-of-way line, South 00°00'53" East, 219.13 feet to the POINT OF BEGINNING. Said parcel of land contains 46.40 acres, more or less (f), and is subject to any rightsof-way or other easements of record or as now existing on said described parcel of land. ATTACHMENT "A" LEGAL DESCRIPTION OF THE ANNEXATION A parcel of land located in the East Half of Section 7, Township 6 North, Range 68 West of the 6th Principal Meridian, County of Larimer, State of Colorado, and being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 7 as bearing South 00000'53" East and with all bearings herein relative thereto: COMMENCING at the East Quarter Corner of said Section 7; thence, South 89059'49" West, 30.00 feet to a point on the westerly right-of-way line of South Timberline Road, said point being the POINT OF BEGINNING; thence along said westerly right-of-way line, South 00"05'58" West, 150.36 feet to a point on the northeasterly line of Johnston Annexation; thence along said northeasterly line the following 4 courses and distances: North 86055'07" West, 81.60 feet; thence, North 70'20'07" West, 286.00 feet; thence, North 39029'33" West, 64.42 feet; thence, South 89"59'49" West, 314.41 feet to the West line of that tract of land described in Reception No. 20100066406, Larimer County Records; thence along said West line the following 16 courses and distances: North 18653'29"East, 280.05 feet; thence, South 80°52'47" East, 140.66 feet; thence, North 43°24'32"East, 68.46 feet; thence, North 45°20'54" West, 193.08 feet; thence, North 57052'49" West, 191.24 feet; thence, North 48"06'28" West, 109.43 feet; thence, North 63034'52" West, 198.72 feet; thence, North 49'45'28" West, 330.86 feet; thence, North 47"12'15" West, 783.31 feet; thence, North 55007'00" West, 318.91 feet; thence, North 74'09'59" West, 184.15 feet; thence, North 03°02'18" West, 367.61 feet; thence, North 05659'16" West, 31732 feet; thence, North 11032'10" West, 221.70 feet; thence, North 02°51'46" West, 122.76 feet; thence, North 09'31'29" West, 49.42 feet to the southerly line of Willow Springs Annexation; thence along said southerly line the following 18 courses and distances: North 89*11'07" East, 307.33 feet; thence, North 88058'07" East, 235.40 feet; thence, South 73'22'53" East, 83.2U feet; thence, South 46"25'53" East, 80.40 feet; thence, South 51011'53" East, 67.70 feet; thence, South 33"06'53" East, 44.10 feet; thence, South 30'14'53" East, 82.50 feet; thence, South 03'55'53" East, 86.50 feet; thence, South 21048'53" East, 44.90 feet; thence, South 55"53'53" East, 54.20 feet; thence, South 74038'53" East, 367.20 feet; thence, South 67'46'53" East, 227.00 feet; thence, South 54053'53" East, 152.80 feet; thence, South 71°51'S3" East, 121.50 feet; thence, South 68°22'53" East, 243.40 feet; thence South 68"41'53" East, 208.00 feet; thence, South 55018'53" East, 82.70 feet; thence, South 52*11'53" East, 234.62 feet to a point on the westerly right-of-way line of South Timberline Road; thence along said westerly right-of- way line, South 00"00'53" East, 190.54 feet; thence, North 89"40'37" East, 60.00 feet to a point on the East right-of-way line of South Timberline Road; thence along said East line, South 00'00'53" East, 536.20 feet; thence, South 89'43'20" West, 60.00 feet to the West right-of-way line of South Timberline Road; thence along said West line, South 00"00'53" East, 771.38 feet to the POINT OF BEGINNING. Said parcel of land contains 69.417 acres, more or less (t), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. 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 of said area, 46.40 acres be placed in the Low Density Mixed -Use Neiahborhood District (LMN). 16.69 acres be placed in the be placed in the Medium Density Mixed -Use Neighborhood District (MMN), and 6.33 acres be placed in the Neighborhood Commercial District (NC) pursuant to the Land Use Code of the City of Fort Collins_ rcwsed 3/3 J/OE The Petitioners reserve the right to withdraw this petition and their signatures there from 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" and depicted on Exhibit "A". See Legal Descriptions of the Annexation Boundary and requested Zone Districts on Attachment "A". IN WITNESS WHEROF, I have executed this Petition for Annexation this day of {okfbm Iv(gl2. 2D 12 . HCT, LLC, A Colorado Limited Liability Company By: McWhinney Real Estate Services, Inc., A Colorado Corporation, Manager By: Jay Hardy Vice President Community Development 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 Hansen Farm Annexation to the City of Fort Collins. Said area, consisting of approximately 69.417 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 31-12-105, 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. 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.